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1993-04-20 CC PACKET City of South lake, Texas MEMORANDUM April 16 , 1993 TO: Honorable Mayor and Members of City Council FROM: Curtis E . Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest City Council Meeting April 20, 1993 1 . Agenda Item No. 4 . The monthly departmental reports are in the packets . Please let me or the Directors know if you have any questions . The monthly financial reports are under Agenda Item 11B, Mid-Year Review, since they cover through mid year. 2 . Agenda Item No. 5A. Award of Bids for White Chapel Water Line extension. The estimate for the project was $184 , 775 . The low bid is $157, 839 . Funds for the project will come from the $1 . 3 Water Revenue Bonds issued in October 1992 , plus $45, 000 contributed by the developer of Oakwood Estates . 3 . Agenda Item No. 5B . Excuse of absences of P&Z Commissioner Bob Dowdy for two consecutive meetings . The Charter requires City Council approval of the absences . As pointed out in the April 14 memo from Zoning Administrator Karen Gandy, Commissioner Dowdy missed the March 4 and March 18, 1993 regular meetings of the P&Z due to out-of-town business . He attended the April 8 meeting. Commissioner Dowdy is a valuable member of the Commission, and Chairman Joe Wright recommends City Council excuse the absences . 4 . Agenda Item No . 5C. Michael Benton Agreement . This item was first before City Council in November, 1992 . The purpose of the Agreement is to give the City a drainage structure required of Arvida, the developer of SouthRidge Lakes Subdivision, by the City. The problem arose when the City required Arvida to upgrade the IIIIIr Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 16, 1993 Page 2 existing culvert across Shady Oaks, just south of Love Henry Court, in conjunction with the off-site drainage associated with SouthRidge Lakes Phase V. As illustrated on the Exhibit to the Agreement, the existing natural drainage from the culvert flows (generally) diagonally across Mr. Benton' s property (Lot 10) and discharges at the southeast corner of the property. The natural drainage is not in an existing easement . The new culvert required by the City, to be paid and installed by Arvida, would require an easement from Mr. Benton. Mr. Benton refused to give an easement at the existing location, instead, negotiated the relocation of the existing culvert and the drainage across his property to the rear (southern) 25' of Lot 10 . The drainage will discharge at the same point as the current drainage . Our attorneys drafted the agreement . Staff recommends City Council approve the instrument . 5 . Agenda Item No. 7A. Ordinance No. 480-84 . 2nd Reading. Zone change request by Leslie Hughes from AG to I-1 . Mr. Hughes has indicated that he intends to erect the fence discussed last Council meeting. We have not heard whether or not he has been able to work something out with Mrs . White since early in the week. At that time he indicated that he had contacted Mrs . White, but that she needed to have a "family meeting" before agreeing to anything. FYI, in answer to a question raised last meeting Mr. J. D. Hughes purchased the property from Bobby and Mary Sanderson in 1984 . 6 . Agenda Item No. 7B. Ordinance No. 583 . 2nd Reading. Franchise Agreement with Sammons Cable . The changes discussed Illirr Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 16 , 1993 Page 3 last meeting have been incorporated in the ordinance and are noted by highlighting. 7 . Agenda Item No . 7C. Ordinance No. 584 . Denying TU Electric Rate Increase . Action to deny the rate increase will effectively forward the request to the Public Utilities Commission which has appellate jurisdiction. 8 . Agenda Item No. 8A. Ordinance No. 480-85 . Zone change request for Clariden School . This is a Montessori method school to be located in the facility currently used by the Church of the Willows . The existing facility formally was the Countryside Bible Church. The church use is a 'nonconforming use in an "0-1" Office District . Normally, an existing nonconforming use (e .g. , "CS" ) in another zoning district (e .g. , in the matter before you "0-1" ) could continue even if the specific use permitted changed (e .g. , from church to school) so long as the change in use is not more intense. Arguably the use of a school for five (5) days a week is more intense than a church used two (2) days a week. FYI , Note this ordinance is No. 480-85 . Ordinance No. 480 was approved in September 1989 . In 43 months there have been 85 zone change requests, averaging 2 per month. 9 . Agenda Item No. 8B . ZA 93-13 . Plat revision on East Dove by Beverly Cheqwidden. The applicant is simply subdividing one small tract into two lots . The property is currently within the Airport Overlay Zone; it may not be if the ordinance is revised to reflect the new EIS noise contours . 10 . Agenda Item No. 8C. ZA 93-14 Revised Preliminary Plat of Oakwood Estates . Note the staff comments concerning the Thoroughfare Plan. lillir Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 16 , 1993 Page 4 11 . Agenda Item No . 8D. ZA 93-15 . Concept Plan for Diamond Center located at northeast corner of Diamond Blvd. and FM1709 . Note the comments concerning the bufferyard requirements . 12 . Agenda Items No. 8E (Ordinance No. 483-B) and 8F (Ordinance No. 480-J) are amendments to the Zoning and Subdivision ordinances discussed previously with City Council . The staff memos cover the issues . Let me or the Community Development staff know if you have any questions . 13 . Agenda Item No. 8G. Resolution No. 93-17 (ZA 92-58) request for Specific Use Permit by Betsy Shatley for golf driving range . Given the length of time since this item was tabled, the project manager for Continental Joint Venture (Country Walk Subdivision) , David Howell, was notified. He was the only opposition at P&Z . Note that Ms . Shatley has requested another table of the SUP request, until May 18 . Note also that approval of the SUP will require six(6) affirmative votes since P&Z, recommended to deny. 14 . Agenda Item No. 10A. Roadway Alignment for Peytonville Avenue South of the Carroll High School facilities . Eddie Cheatham, City Engineer, has looked at what will be involved in leaving the roadway within its existing r.o.w. alignment . We have talked with Jim Humphries, who was chairman of the Construction Subcommittee of the Community Road Improvement Task Force which recommended the improvement of Peytonville. His feeling is that the Task Force included Peytonville because of the school, and he believes the City' s improvements of Peytonville next to the school address the main concerns of the Task Force . He believes it would be sufficient to resurface the remainder of S . Peytonville with 2" HMAC within liFir Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 16 , 1993 Page 5 the current r.o.w. , as suggested by several members of the City Council . Eddie now recommends the same however he points out in his memo that to do so will not allow construction of adequate barrow ditches, thus shortening the life of any existing improvements . Additionally, he points out that tree roots will present a problem. The extent of the r.o.w. acquisition costs justify the short term solution. There is substantial open space on the west side of Peytonville which may someday be replatted due to the availability of sewer in the area and the uncertainty with Goode Airport . At such time additional r.o.w. dedication can be required. The cost savings from Peytonville (assuming the short term option if selected by City Council) could prove useful with the lane addition to Carroll Ave. from SH114 to Dove Creek, which will require some additional r.o.w. acquisition. Cost estimate figures will be available by Council meeting. 15 . Agenda Item No. 10B. Electronic Readerboard Siqn for First American Savings Bank. The site plan will be disseminated to City Council Tuesday night . It was not available at packet time . 16 . Agenda Item No . 11A, Animal Control Policy, was placed on the Agenda at the request of City Council following a public appearance by Mrs . Mary Flick, 730 Blue Bonnet Drive, Keller, following an incident involving her horses and several dogs on the Corp property at Grapevine Lake. The ordinance (No. 530) is attached for your review. Note that the ordinance refers to "policies adopted id conjunction with this ordinance" (e .g. , Article VII 7 . 03 , Article IX, Article XI) . We have drafted policies which we follow in many Illir Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 16 , 1993 Page 6 instances, but we have not officially adopted the policies since we have no budgeted animal control operation. As Director Campbell pointed out in his memo, we will recommend formally adopting the policies when we are able to establish the operation. 17 . Agenda Item No. 11B. Mid Year Review. We use this item to bring to City Councils attention the status of the operating budget at mid year. The first several pages of the memo from Lou Ann Heath review highlights of the FY 91-92 independent audit disseminated to City Council last meeting. Note particularly the comments concerning the Fund Balance. Page 4 (11b-4) of the memo begins the narrative on the current budget . The comments from Lou Ann succinctly cover the --- significant items . Lou Ann and I will go over the line items Tuesday night . Note that overall we have expended less than 50% of the budget at mid year, although some line items have been expended more than 50% . This is due to the timing of specific expenditures (for example, the annual audit expense was paid in February. ) Note : FYI . Attached hereto are the Administrative Calendars from the departments, plus a revised schedule of the capital improvements projects . Also, note the attached memo from Chris Terry concerning the Park and Recreation and Support Services Divisions . 18 . Agenda Item No. 11C will be to discuss the participation of the Town of Marshall Creek with the City of Southlake in the Denton Creek Regional Pressure System. We are contractually obligated to construct the Pressure System prior to November 1996 , when our diversionary agreement with TRA expires . This will be a $5-9 million project, depending upon several Ilirr Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 16, 1993 Page 7 factors . Assuming the cost is $5 million, the annual tax levy to support the bonded indebtness will be approximately 8-1/2 cents in current dollars . It is complicated, but we have an opportunity to postpone this expenditure for some while, beginning with the Marshall Creek project . We will have a packet of information to disseminate during the meeting Tuesday night . 19 . Agenda Item No. 11D. FM1709 Improvement Project west of Jellico Circle . This is on the Agenda so that the Mayor and City Manager from Keller, Ron Hibbs and Allen Bogard, can address City Council during work session concerning the median transition at FM1709 and Pearson Lane we discussed last Council meeting. TxDOT has not been very cooperative with the City of Keller in how the transition can be accomplished. I have told Allen that we will work with the City of Keller in any way possible . We have several projects where we need Keller' s support, including the use of their ground storage station off Pearson Road in order to improve our high pressure system. Hopefully we will be able to convince TxDOT to make the transition with pavement buttons/markings rather than raised median on our side of Pearson, however, it appears to be an uphill climb. OTHER ITEMS OF INTEREST 20 . Note the attached letter to Malcolm Jackson concerning Police Sgt . Rhonda Moore . Sgt . Moore is typical of the caliber of our employees and is to be congratulated on the manner in which she represents the City of Southlake . 21 . Lou Ann Heath has been elected Secretary of the Government Finance Officers Association of Texas for a two-year term beginning July 1993 . Ditto the above . 'lir Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 16, 1993 Page 8 22 . . Citizen Volunteers/Landscaping areas at City Hall . Tuesday, April 13 , Greg Last, Chris Terry, and I met with Barbara Atkins and Cora Lee Brannon concerning the landscaping around City Hall . Barbara, Cora Lee, and other master gardeners in the community are intending to clean up the flower bed areas and mulch the plants . They have requested City assistance in securing a chipper to generate mulch and City personnel to transfer the mulch to City Hall . They will be working with Greg on plant selection and location in the next few weeks . 23 . Portable Public Works Building behind City Hall . The City has inspected, approved, and accepted the installation of the manufactured office structure purchased from Amtex Corporation on March 29, 1993 . The structure itself and the installation conforms to the specifications outlined in the bid documents . The parking lot will be paved as soon as time and weather allows . The parking is a major problem at City Hall most of the time; thus, the lot needs to be completed as soon as possible . fillil / AVCE ADMINIST [YE CALENDAR FINANC PARTMENT • MONTH: APRIL, 1993 PROJECT DE$CRIPTION..:".: . .... -REMARKS • 1. FY1994 Budget Kickoff 4-14 start-up Distribute forms to Department Heads 2. Mid Year Review Preparation 4-12 4-20 Council Scheduled for 4-20 meeting 3. Interview Meter Readers 4-7 completed Review candidates 4. Impact Fee Update 3-1/8-31 Land Use update 25% Orientation meeting with Advisory Committee 4-14. 5. Reviewing Tarrant County Tax Collections 3-1/7-31 Meeting with other jurisdictions last part of Contract April 1993. 6. PC Software Standardization Policy 4-1 Review Obtaining example policies from other cities. 7. Budget Retreat 6-17/6-18 Preliminary 8. 9. 10. 11. 12. 13. 14. SPECIAL PROJECTS 15. 16. 17. 18. 19. ADMINIS7 VE CALENDAR PIT] SAFETY MONTH: March, 1993 PROJECT DESCRIPTION ' EST PHASE % START/END , COMPLETED REMARKS l .Wrecker Ordinance Aug /July 70% At Attorney's Office/MJ not reviewed 2 .Hiring Budgeted Personnel Oct /June 95% 1 Communicator Hired, 2 Fire Hired, Accepting applications for 1 Police Officer and 1 Communicator 3 .Animal Control /May 70% For Council Action on Policies 4 .Breathing Air Comp. Aug / Dir Williams Handling/On Purchase Hold • 5 .SCBA Aug / 40% Specs written/accepting bids 6 .Police Vehicles Oct 1/May 95% On line - Minor trim details 7 .Computer Networking Oct /June 80% Assigned to GG - Licensing and final network connections 8 . Hose Drying Cabinet Oct / 80% Bid awarded 9 . Truck Route Ordinance Oct / Dir Campbell Handling 10 .Hepatitis Program Oct 92/ 75% Bobby Finn Handling 11 .Uniform Policy Oct /June 80% Employee Council & Director Review 12 .Career Development/Step & 40% To be included in 1993-94 Grade Budget ADMINIS1 VE CALENDAR PU] SAFETY MONTH: March, 1993 13 .Evidence Property Oct /June 60% Reorganization Conversion 14 .Reports & Records System . Oct /July 75% Part of computer networking and reorganization 15 . IAD/Discipline Policy Oct /July 80% Director Review 16 .Booking Room Oct /Sept 20% 17 .CID Crime & Photo Kits Oct /Dec 1 70% Reorganization/GG Handling 18 .Contracts Review Oct /July 5% Dir Jackson Handling 19 .Monthly Reports Oct /May 80% Computerization/Dir Review 20 .Policy Manual Oct /Oct 20% On going two-year project 21 .Update Employee Data Oct /May 80% Dept Mtg - Forms review/Dir Jackson handling 22 .Construction EMS Storage Feb / 75% Building shelves 23 . 24 . SPECIAL PROJECTS 25 . 800 mHz Oct /92-93BY 70% Portables in - Medic 1, Rescue 1, HazMat 1 complete 26 .Bank Security Review Dec / 50% Gary Gregg Handling 27 . 28 . PUBLIC WO S PROJECTS ..: :::..:..;:.....: DATE : `r ` : ::..: ' ' ><.<<:>>` <>< >: ;;''« <:> :` ;> >`> ><:> ><«' ' :'> PERMISSION DATE 1 LI VEl2ED. DATE;:>:>` :::>:':<�::>::<:>DATE>::>:::::>:<:: : :;::<:rs:<.>=::;Q ;:.::..;. ::. EEED. :;.:RECEIVED::;:.:::AWARI�ED:<:>':: :' : >'><� Z�A�ZT` ''':::::::::: ::: COMPLETED PROJECT DESCDESCRIPTION' ADVT(3 :�/ORD S ..;,.:: . . :. .::....... ......... ..... ......... . .. .. . ................. .. 1 . Midsize Truck (MHB) 9/15/92 10/13/92 10/20/92 12/1/92 2 . Mowing Tractor (BP & MHB) 12/15/92 1/12/93 1/19/93 3/5/93 3 . Jellico Circle (EC) 9/15/92 10/13/92 10/20/92 11/02/92 11/01/92 4 . Johnson & Continental 5 . Crosstimbers 6 . Parking Lot 12/21/92 01/15/93 7 . Field #1 Lights (MHB & MM) 12/15/92 I 01/26/93 02/2/93 02/15/93 04/02/93 8 . Park Office Equipment 9 . Park Computer & Printer 12/14/92 01/04/92 10 . Park Community Building (MHB) 12/15/92 01/26/92 02/2/93 02/15/93 04/02/93 11 . Sand Volleyball 04/02/93 12 . Entry Sign & Landscaping (GL) 03/05/93 13 . West Fence (MHB) 01/05/93 02/09/93 02/16/93 03/01/93 03/19/93 14 . Net 15 . 3/4-ton Truck 16 . 12'x 56 ' Manuf. Bldg. (MHB & EC) 10/06/92 11/10/92 11/17/92 11/30/92 01/15/93 17 . Plug Wells (EB & EC) 10/06/92 11/10/92 11/17/92 11/30/92 01/08/93 18 . FM 1709/Water Line Rel (EB & EC) 11/03/92 12/08/92 12/15/92 01/04/93 04/30/93 19 . S-2 Sewer Line (EB & EC) 20 . Street Bond (MHB & EC) 02/02/93 03/09/93 03/16/93 04/05/93 10/01/93 21 . Water Improvements (EB & EC) 02/02/93 03/30/93 04/06/93 04/26/93 12/01/93 c:\wpfiles\budget\projects • 1 March 30, 1993 ADMINISTR, E CALENDAR COMMUNITY DEVELOPMENT DEPARTMENT MONTH: March 1993 Form Date 03/23/93 . . . 1 . Land Use Plan Update - / May 80 P/Z completed map, working on text 2 . Tree Preservation Ordinance - / May 90 Fifth draft - out for comments 3 . Revisions to Subdivision Ord. March / May 40 To reduce CC agenda & staff workload. 4 . Revisions to Zoning Ordinance March / May 40 To reduce CC agenda & staff workload. 6 . Development Fee Schedule March / May 20 11 . Revisions to Zoning Ordinance Aug / - 5 Resolve inconsistencies . 12 . Park dedication changes Aug / Sept 0 Requested by Park Board (Subdivision Ord) 15 . Revise Ordinance 217 Sept / - 0 Paving, drainage, driveways and parking lot construction. 16 . Water & Sewer Ordinance 1993 / - 0 Construction requirements . 17 . Private Road Ordinance 1993 / 0 5. Impact Fee Update - Research April / Aug 10 7 . Development Guide March / Aug 5 Includes flow charts and procedures for Zoning, platting, construction plans, etc. 8 . S .O. P. Condemnation/Letter of ASAP 75 Credit 9 . Appropriate Comments Summary ASAP 5 Requested by Ernest Johnson 10 . Entry Sign & Landscaping March / April 0 Bicentennial Park 13 . ROW Dedication Policy 1993 0 Emphasize accurate dedications . 14 . Annual Summaries April / May Page 1 Cr\CD\GREG\PROJECTS\93-03.CAL CHEATHAM AND ASSOCIATES April 13, 1993 Mr. Curtis Hawk City Manager City of Southlake Re: Schedules of Capital Improvements Projects - Update Dear Mr. Hawk: Enclosed herewith are revised schedules for the various capital improvements projects. This update is necessary, due to changes in scheduling of these projects, which were the result of several factors. The 1709 water line project is proceeding as planned, and we anticipate this project to be complete prior to the summer months. Phases I, II and III of the water bond project have been revised. The Phase II, completion of the high pressure plane,is awaiting approval from the city of Keller. We have submitted a report, which outlines the proposed project, to the city staff for review. The next step will be for both city's staffs to meet and agree to the concept, and time frame, for Southlake's sharing of Keller's facility. Once this is accomplished, the two city council's need to agree upon, and pass an interlocal agreement. We anticipate this happening sometime in May, perhaps at the city council's second meeting. Until this can be resolved however, the project cannot proceed. Phase I of the project, Kimball Road and vicinity water lines, has been designed and is ready to advertise for bids. We will wait until the Keller situation, regarding the high pressure plane, is approved however prior to accepting bids on this project. Phase III, White Chapel and Bob Jones Road Water Line, will bid April 14, and should be acted upon by the city council in April 20. The S-2 sewer line is scheduled to be bid on May 27, and the bids will be held for 60 days. This will allow time for Myers and Drews to obtain their share of the required funds. It is planned to take this project to the city council on July 6, for award of the contract. The street bond projects are shown in Phase I - IV. Phase I, Carroll from Dove to Burney, will be bid on May 12, and go to the city council on May 18. Phase III, Carroll from F.M. 1709 to S.H. 114, and Dove Creek to Dove Road, are scheduled to be bid in January 1994, 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 due to right-of-way requirements. We need to obtain the city council's approval to proceed with right-of-way acquisition for these two sections of Carroll. Phase IV, Carroll from S.H. 114 to Dove Creek, should be constructed next summer (1994). We should begin acquiring right-of-way for this section also, but construction of the roadway should be scheduled for the Summer of 1994, while school is out. The final item is Peytonville, from the high school south to Continental. At this time it is uncertain which direction the city council will take regarding this road. Therefore, the schedule shown may change, if it is decided to construct the new road within the existing right-of-way. This could move the project ahead several months. Hopefully these schedules will be of assistance to you. If you have any questions please give us a call. Respectfully, Eddie Cheatham, P.E. Enclosures \southlak\capital.imp ., . .. • ,,, CITY OF SOUTHLAIP PROPOSED SCHEDULE OF CAPITAL PROJECTS NOVEMBER, 1993 — OCTOBER, 1994 PROJECT NOVEMBER DECEMBER JANUARY L FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST STREET B 0 ND NOV 3 • DEC 2 DEC 7 DEC27 APR30 1 1 1 THIS SCHEDULE IS DEPEND& PROJECTS • UPON TAT TEE CITY COUNC R•O•W CONSTRUCTION DECIDES TO DO REGARDING �:...:,. :•i 1. ..:..... .......: ..:...: .. ..'.::._ . ....._.. ......_.. :� PEYTONVILLE (PHASE II) PERMISSION ACCEPT AWARD BEGIN COMPLETE PEYTONVILLE TO BIDS Bros CONSTRUCl1ON CONSD?UCT1ON (CONT.-HIGH SCHOOL) ADI6n1S STREET B 0 ND DEC 7 JAN 12 JAN 18 FEB 7 FAIN 30 PROJECTS . 1 i R o W CONSTRUCTION (PHASE III) :. . .....: . .: :,::.:... ... ..... . :. ...:....: ....._.:. . ....::... .:,:. ... .. ...... .....,:. ......... ..... .._........ CARROLL PERMISSION ACCEPT AWARD BEGIN COMPLETE (F.M. 1709 - HWY 114) ADUTISE BIDS mOS CONSIRUCTION CONSIRUCON (DOVE CREEK - DOVE RD) STREET B 0 ND MAR 15 APR 13 APR 19 MAY 9 • A! 1 1 1 1 PROJECTS : ..:.: .. .:..::. DESIGN R 0 W CONSTRUCTION (PHASE IV) 1 1 I 1 , . . PERMISSION ACCEPT AWARD BEGIN COMI CARROLL TO BIDS BIDS CONSTR/CIIO'V CCWSJI (HWY 114-DOVE CREEK) ADMEJ7USE - 1110 CITY OF S OUTHLAK PROPOSED SCHEDULE OF CAPITAL PROJECTS NOVEMBEB, 1992 - OCTOBER, 1993 PROJECT NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST STREET JAN 4 MAR 2 APR 6 MAY 12 MAY 18 MAY 4 .y DOND igirIIiIi I : FIELD �fORK DESIGN 11 CONSTRUCTION PROJECTS ... . . ..... . ... . .. . - (PHASE I) P M/SSION ACCEPT AWARD BEE' COMP IO BIDS BIDS CONS1RUC1/0w C1 WSR CARROLL (DOVE-BURNEY) AMINE APR 6 MAY 27 JULY 6 JULY 26 —2 I 1 1 ^ S DESIGN / EASEMENTS SEWER LINE ::: . ...::.. _. . ........... . .. .:... ... ... PERMISSION ACCEPT AWARD BEGIN RI BIDS BIDS CONS11i'UC170N ADIERn5E . • CITY OF SOUTHLAK PROPOSED SCHEDULE OF CAPITAL PROJECTS NOVEMBER, 1992 — OCTOBER, 1993 PROJECT NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST NOV 3 JAN 6 JAN 19 FEB 27 oVNE 15 _ I t ! E I _ : . ... ................ ....� C TR: .. . ......_.... . .._._..WATER LINE : � ...... f _-..._....-- °EFdVCSSON ACCEPT AWARD BE(YN COMPLETE TO &DS BIDS CONSn1UCTION CONSIRUCIION _ ADVERTISE WATER SYSTEM `'AN 4 MAR 5 APR 6 YUNE 2 JOVE 8 tINE 28 It II t I t `. FIELD WORK DESIGN CONSTRUCTION IMPROVEMENTS fib►::: _ (PHASE I) Fsa/ISSON ACCEPT AWARD BEN KIMBALL RD & VICINITY IT) RIDS BIDS CONSTRUCTION AD4fRTLSE I WATER - SYSTEM FEB8 APRB MAY18 A/NE24 &CY6 dULY26 II II I t I IMPROVEMENTS FIELD WORK DESIGN _ cc (PHASE II) �I u t t t PE11WSSON ACCEPT AWARD BEGIN HIGH PRESSURE PLANE TO ADVERn BIDS BIDS CGWS1RUCTILW ---- WATER AR 2 APR 14 APR 20 MAY 4 uULY 9 SYSTEM 11 I I I FIELD DESIG• :CONSTRUCTION IMPROVEMENTS N: �'�►�.� �� .:.�.::�:.. Wo RK ........... (PHASE III) POWISSON ACCEPT AWARD BEVY END ]PHITE CHAPEL LINE BIDS BIDS CONS1RUClION G�INSIRUCRLW • City of Southlake,Texas CITY AG ER MEMORANDUM 15154 March 18 , 1993 To: Curtis Hawk, City Manager From: Chris Terry, Asst . to the City Manager Subject : Mid-Year Review: Parks & Recreation and Support Services Parks & Recreation The Parks & Recreation Division was removed from the Public Works Department and put under the supervision of the City Manager' s Office as of 1/1/93 . Additional organizational changes in the Parks & Recreation Division include the hiring of Tina Harvey to fill the full-time position of Parks & Recreation Coordinator and Gary Taylor to fill the vacant full-time Parks Maintenance Worker position. The Temporary Parks Maintenance Worker position included in the FY 1992-93 budget will be filled as soon as Mr. Taylor is on staff'. Ms . Harvey has previously worked with the City on a contractual basis to develop and implement youth recreation programs . A number of FY 1992-93 budgeted improvements have been completed or are underway at Bicentennial Park. - The concrete lined drainage channel in the center of the Park has been completed. Thomco Construction, Inc . bid the project for $10, 860 . 04 . Funding for this project is included in the Streets/Drainage departmental budget . - The baseball field lights for Field #1 were received 3/17/93 and are scheduled to be installed 3/19/93 or 3/22/93 . The old lights will be salvaged for possible use at other potential practice field sites . The cost of the lights was $13 , 496 . 00 which will be paid out of the Parks & Rec. Special Revenue Fund. Installation of the lights is anticipated to cost approximately $3 , 000 . 00 . - The bid opening for the exterior work on the Community Building is scheduled for 3/29/93 with award of the project at the 4/6/93 City Council meeting. $15, 000 is budgeted for the stuccoing of the building. Additional park improvements in the planning stages include design work for the Bicentennial Park entrance sign budgeted at $3 , 000 . 00 . Greg Last will be working on the design of the sign .with students pr . Mid-Year Review Parks and Support Services 3/18/93 Pg. 2 at the Carroll I . S .D. High School . It is anticipated that this project will be completed in May or June 1993 . Work on the sand volleyball court included in the budget is scheduled to begin in June following the completion of proper design research and site location. $4, 000 has been allocated for this park project . The topic of Bicentennial Park expansion will be addressed at the June Retreat . Expanded facilities at the Park will need to be considered in June to optimize the additional property acquisition and possible recreational uses and design. Any City monies expended for the acquisition of the property adjacent to the Park will come from the Parks & Rec. Special Revenue Fund. Support Services The Support Services budget reflects the addition of the full-time Building Maintenance Worker position in this department . Former City Meter Reader, Danny Cansler assumed this position on 2/8/93 . This change has enabled the City to devote adequate attention to a number of regular and special maintenance issues that have not received attention in the past . The increased activity in Building Maintenance may require additional funds for allocation in the FY 1993-94 budget . Presently, the Building Maintenance balance is sufficient to address any needs in this area through the remainder of the 1992-93 budget year. The City' s janitorial services contract with Executive Janitorial, Inc . was expanded in February to include cleaning of the Community Building at Bicentennial Park. Janitorial supplies and services are also running within the allotted budget at the mid-year point . Support Services contains a $6, 500 line item for the City to acquire an Uninterrupted Power Source (UPS) to protect the City' s computer system in the case of power failure . Finance Director Lou Ann Heath is researching purchase of this system. The City anticipates acquiring the UPS within six (6) weeks . Legal services from Fielding, Barret, and Taylor are running within the FY operating budget at this point . CT 47 o S COI • (4. ff'.. POLICE DEPARTMENT April 1, 1993 Malcolm W. Jackson Director of Police Services Southlake Dept. Of Public Safety • Southlake, Texas • 76092 Dear Malcolm, - I wanted to take this opportunity to again wish you congratulations for completing the Management College. It is a significant accomplishment and one of which you should be most proud. I also wanted to take a moment to extend my appreciation for the comments made by Sgt. Rhonda Moore of your department. 1'recently attended the yearly conference of the Southwest Law Enforcement Institute. During one of the discussions concerning sexual harassment it became apparent that many of the participants were missing the point about how to deal with women in the work place and not create more of an issue by their own actions. Sgt. Moore took the initiative to give a brief, two or three minute, explanation of what she had seen during her career and practical ways to avoid being accused, of wrong doing or of reprisal for previous issues. I have been trained extensively in this field and have regularly investigated such.allegations. I would like you to knowthat in an area filled with numerous misunderstandings and court decisions, she gave what was probably the clearest, most concise, encapsulation of the issue that I have,,heard. In • twenty years of law enforcement experience I have not seen it done better or more professionally: All of.this:'was accomplished in the pressure setting of a room full of peers, friends, and rank superiors. I very much enjoyed the conference and felt that one of the most topical things I learned was provided by Sgt. Moore. I thank you and your co-workers for the - • kindness extended to me and wish you all the:"best in the future. NIS V. HARRISON, LIEUTENANT Professional Standards Division V 9065 E. VIA LINDA ■ SCOTTSDALE, ARIZONA 85258 ■ PHONE (602) 391-5000 SOUTHLAKE "EVENT" AN ADVOCACY PROJECT PRESENTED IN PARTIAL FULFILLMENT OF LEADERSHIP SOUTHLAKE CLASS OF 1992-93 GROUP MEMBERS: DAVID BALTIMORE BRUCE FUSSELMAN JERRY HIGGINS TODD HOOVER JAN SAUNDERS CODY SMITH APRIL 19, 1993 , INTRODUCTION Jerry Higgins I. The purpose of this event: A. To introduce the City of Southlake to residents of North Texas B. To make others aware of our city' s beauty, responsible civic planning, exceptional school system, and amenities C. To bring in revenue for the city or designated civic entities II . The idea: A. To sponsor a 5K and/or 10K run in the city B. To hold the run in conjunction with another civic event III. The name of the run: A. Some ideas for names include "Lonesome Dove Fun Run" or "Southlake Scramble" B. Have a contest for the community to name the event IV. The community' s involvement: A. Have the high school art classes design a tee shirt for the event B. Tie the run in with another community event V. More ideas about our project will be presented by: A. Todd Hoover B. Cody Smith C. Bruce Fusselman D. David Baltimore E. Jan Saunders SUGGESTED ROUTE/SPONSORSHIP Todd Hoover I. The route: A. Start off at Texas National Bank at Hwy 114 and Southlake Blvd. B. 5K run goes to Crossroads Shopping Center at White Chapel and 1709 • C. 10K run goes to Jellico Corners at Davis and 1709 II. The sponsors: A. Coca-Cola will provide 1, 000 complimentary beverages for runners in exchange for advertising B. Concession booths will be set up at Bicentennial Park with a $100/per booth charge C. Tee shirts will be printed, designating corporate sponsor(s) on the back; they will be given to participants and sold to others D. Corporate sponsorship would underwrite the cost of putting on this event SANCTIONING A RUN Cody Smith I. The importance of official sanctioning: A. It will attract official runners B. It will get our event published in runners' magazines C. It will facilitate our making this an annual event II . The process involved: A. Garner Clinger ( 817-572-4032 ) is a local official certified by the USA Track & Field Association to approve race courses B. The charge for measurement of the proposed course is $200- 500, depending upon the length of the race and his time involved III . The steps involved: A. Have the route measured and checked B. Have the course officially sanctioned C. Schedule the run so that it does not conflict with other local or national runs sponsored in running magazines D. Advertise our run in the running magazines as officially sanctioned HOLDING THE RUN IN CONJUNCTION WITH ANOTHER GROUP OR EVENT Bruce Fusselman I. The following community groups can be solicited for their involvement or asked to incorporate the run in their annual event: A. Carroll Band Boosters (Auction) B. Sisters Cities (Kite Festival) C. Multiple Sclerosis (Gelatin Slide) • D. Southlake Chamber of Commerce (Golf Tournament) E. City of Southlake F. Grapevine-Southlake Rotary Club G. Southlake Lions Club H. Carroll Athletic Boosters I. Lake Cities Community Band J. Keep Southlake Beautiful K. Carroll Independent School District & PTO . L. Southlake Historical Society M. Friends of the Southlake Library N. Southlake Little League Baseball & Softball Organizations II . The run could be held with other activities at Bicentennial Park: A. Miss Southlake Contest B. Carnival/Midway Games C. Softball Tournament D. Bike Race III. The zoning requirements: A. With the cooperation of the City of Southlake and the Parks and Recreation Department all zoning requirements would be handled REVENUES/EXPENSES David Baltimore (see attached Pro Forma) CONCLUSION Jan Saunders I . The objectives of our advocacy project: • A. To propose a feasible, community-sponsored, community- involved event B. To propose an event that would benefit the citizens of Southlake in terms of healthy competition, heightened community spirit, and raised income C. To invite residents of North Texas to our city and to increase our name recognition Update: Mr. John Dyer, a Southlake resident, at one time investigated holding a run such as we have suggested. He went so far as to hire a consultant, at a cost of several hundred dollars, to formulate the plans down to the last detail. Mr. Dyer has graciously offered to turn this information over to us for use in planning a 5K or 10K run. Mr. Dyer was highly supportive of our idea to hold the run in conjunction with another community event in order to stimulate interest and share advertising costs. He emphasized that corporate sponsorship would be our most important asset in implementing our idea for a run. SL.XLS ProForma Southlake Fun Run Revenues Participants 100 150 200 250 300 350 400 450 Entry Fees $15.00 $1,125.00 $1,687.50 $2,250.00 $2,812.50 $3,375.00 $3,937.50 $4,500.00 $5,062.50 Participation Fees $10.00 $150.00 $225.00 $300.00 $375.00 $450.00 $525.00 $600.00 $675.00 Shirt Sales $10.00 $100.00 $150.00 $200.00 $250.00 $300.00 $350.00 $400.00 $450.00 Concession Sales Sponsorships Total $35.00 $1,375.00 $2,062.50 $2,750.00 $3,437.50 $4,125.00 $4,812.50 $5,500.00 $6,187.50 Expenses Sanction Route $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $300.00 $300.00 $300.00 Consultant Traffic Control Medical Insurance T Shirts $4.00 $400.00 $600.00 $800.00 $1,000.00 $1,200.00 $1,400.00 $1,600.00 $1,800.00 Total $600.00 $800.00 $1,000.00 $1,200.00 $1,400.00 $1,700.00 $1,900.00 $2,100.00 Revenues Expenses Page 1 RUNSL.XLS Chart 3 Expenses ....... • • ....... ....... ............ Page 1 RUNSL.XLS Chart 4 oi Revenues iIl ii r4, 01 ;4101„ ,_ _ ___________ ______________ _______ _____ _________ _________ __ ______ _. 4 # S _____. LLi° �,1 4, wv+a Myv.e Page 1 r. EXISTING T YCAL SECTION o 0 l'• A, */ ""/ -' ,.4. 4.8 74.4,0„ .„. r . s 441.4t/1 r s 4''' ,' .110•\ t.,. 1pip --1 , .kt "zis•"‘ 6,y V. ',kg;'.i.5 VIY Alti ''t*v 1 • 4 1Ly,•� . Y 4 ,yli_ \ tti. • i 51-7.5' I81-20' _ 51-7.5 \)( MINIMUM I VERY LITTLE 3 DITCHES SUBGRADE cc 30'-35' t Cc 35'- 40' t - PEYTONVILLE AVENUE PAVEMENT AT LOCATION AP VERY NARROW RIGHT-OF- ril .r: )1(4 .:1,74:- •:7'‘gic 'i 40 itilli,y .-.;-:..4 sm Tliti ‘, A 30't •4�� Ti'-4 222' J �F 31-41 I • FENCE - I FENCE R.O.W. R.O.W. 7 2" PAVEMENT . • STABILIZED SUBGRADE PEYTONVILLB AVENUE ESTIMATED CONSTRUCTION COST COUNTY PARTICIPATION: CONSTRUCTED BY CONTRACTOR: DRAINAGE (BID) - $ 87,000 DRAINAGE - $ 87,000 STREET (2") - 62,700 STREET (2") - 137,500 SUBTOTAL - $ 149,700 SUBTOTAL - $ 224,500 CONTINGENCY - 22,800 CONTINGENCY - 22,500 TOTAL - $ 172,500 TOTAL - $ 247,000 riPI OPOSED SECTION W/O SAV G TREE LINE ALONG WEST SI 65'* 51* i•15' 24' 26' _ I r�i...„.,, ,,, ,l,fit. ---"I'-..-21zza"7- STABILIZED c �4' SUBGR DE 4 22' Q cc T 70' PEYTONVILLE AVENUE ESTIMATED CONSTRUCTION COSTS CONSTRUCTED BY CONTRACTOR: DRAINAGE - $ 87,000 * DOES NOT INCLUDE R.O.W. STREET - 163,630 COST of 20'-30' FOR . 4000 f. SUBTOTAL - $ 250,630 ESTIMATED R.O.W. COST CONTINGENCY - 25,120 $ 65- 70,000. *TOTAL - $ 275,750 R LTIE STREET SECTION ra PROPOSED ED UN O S O .. 4ti.tv.,,i,,,,,..,......,. • lx = 4. 10.5' , 149' 10.5' _. 24'-6° 241-6° 6" PARABOLIC CROWN I r STABILIZED SUBGRADE 3. cc 7" PORTLAND CEMENT CONCRETE o cc 70' PEYTO.NVILLE AVENUE . ra PROPOSED SECTIONS/ MEDIAN FOR TREES • ezo've�r A r • �l'ipin. :& ., A r iX ig:ilk IF , ›fe_ggi -1,.0'', l'..1 , -,,,. _.,4%. Atly , " .----•T'zji 43 Niit I mu ,,,kf. k' q'40% 41- 4. 161 _ 101 ` i 51 il 41...r. 41 • 0 30'—35:t cE r 92'—95' PEYTONVILLE AVENUE ESTIMATED CONSTRUCTION COSTS CONSTRUCTED BY CONTRACTOR: DRAINAGE - $ 120,000 STREET - - 214,000 ' SUBTOTAL - $ 334,000 CONTINGENCY - 36,000 TOTAL - $ 370,000 CITY OF SOUTHLAKE EARLY VOTING SCHEDULE Early Voting for the General Election to be held on May 1, 1993, will begin on April 12 , 1993 . The schedule is being provided for the convenience of the voters in Southlake, and listed below. For further information on Early Voting or the General Election, please contact the City Secretary, Sandy LeGrand, at 481-5581 extension 704. Early Voting will be held at City Hall, 667 North Carroll Avenue, Southlake, in the office of the City Secretary:' IN PERSON VOTING SCHEDULE BEGINNING ON MONDAY: Day 20 04/11/93 CLOSED Sunday Day 19 04/12/93 8:00 AM - 5:00 PM Monday - day 1 of voting Day 18 04/13/93 8:00 AM - 5:00 PM Tuesday Day 17 04/14/93 8:00 AM - 5:00 PM Wednesday Day 16 04/15/93 8:00 AM - 5:00 PM Thursday Day 15 04/16/93 8:00 AM - 5:00 PM Friday Day 14 04/17/93 CLOSED Saturday Day 13 • 04/18/93 CLOSED Sunday Day 12 04/19/93 8:00 AM 5 00 PM Monday Day 11 04/20/93 8:00 AM - 5:00 PM Tuesday Day 10 04/21/93 8:00 MA - 5:00 PM Wednesday Day 9 04/22/93 8:00.AM - 5:00 PM Thursday Day 8 04/23/93M - 5:00 PM Frid 'CV 7 Day 6 04/24/93 7:00 AM - 7:00 PM Saturday 04/25/93 11:00 AM - 4:00 PM *Sunday Day 5 04/26/93 7:00 AM - 7:00 PM *Monday Day 4 04/27/93 7:00 AM - 7:00 PM *Tuesday , . i -} *Extended hours — i .c.-e_oy ,.r City of Southlake,Texas MEMORANDUM CITY MANAGER April 15, 1993 1111111111111/1 TO: Curtis E . Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Award of Bid for Water Line Improvements in Two Sections of White Chapel Boulevard, North of Dove Road, and a Water Line Extension Along Bob Jones Road to Oakwood Estates Subdivision On February 16 , 1993 , City Council approved the Oakwood Estates Developer' s Agreement which included a contribution of $45, 000 towards construction of a water line from White Chapel, along Bob Jones Road, to the Oakwood subdivision. The analysis of the need for water improvements in this area resulted in the staff recommendation that major water line improvements are needed all along White Chapel, from Dove Road, north to Bob Jones Road as well . These improvements include upgrading the line in White Chapel from 6" and 8" lines to 12" lines and installing a new 8" line in Bob Jones Road. Staff anticipates beginning construction by May 3 . The water line extension to Oakwood Estates will be constructed first, and should be complete by May 28 . The upgrading of the lines in White Chapel will then be constructed and the total project should be complete by June 30 . This project will be funded by the, $1 . 3M Certificate of Obligation bond issuance (757/999 . 15) in conjunction with the Oakwood developer' s contribution. The estimated cost of construction was $184 , 775 . Bids were opened and read aloud on April 14, 1993 for this project . The low bid was submitted by Tri Tech Construction for $157, 839 . 50 . Attached is the recommendation from the City Engineer, Eddie Cheatham, to award the bid to Tri Tech for the stated amount . Staff concurs with the Engineer' s recommendation and therefore requests permission to award the bid for the water line improvements on White Chapel and Bob Jones Road to Tri Tech Construction. Please place this item on the Council' s April 20 agenda for their consent . If you have any questions, please /coonjtact me . 0.L BC/lc Attachments : Engineer' s letter Bid tabulation sheet Engineer' s Cost Estimate c:\wpfiles\memos\WhtChpel.Bob CHEATHAM AND ASSOCIATES April 14, 1993 Mr. Billy-Campbell Acting Director of Public Works City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: Award of Bids for Water System Improvements - White Chapel and Bob Jones Water Line. Dear Mr. Campbell: Enclosed Herewith are the bidders prices for the subject project. We have reviewed the bids, and recommended awarding the contract to the low bidder, Tri Tech Construction. Tri Tech has performed well for the city on previous projects, and we feel comfortable recommending them for this project. Therefore, we recommend that the contract be awarded to Tri Tech Construction in the amount of $157,839.50. If you have any questions, please give us a call. Respectfully, C !- Eddie Cheatham, P.E. Enclosure southlak\water.imp 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 ' Capital Improvements Project 1993 , Water System Improvements, Phase III for City of Southlake April 14, , 1993 10:00 a.m. BIDDER PHONE BOND TOTAL BASE BID ALTERNATE BID u � X,e14 eieh (3 V /l 7/5 % ' Tex. 6/ i. 4=- /57 f 39,.57) /73, ".soo C. E ll4i)s a, . e5; G /lam r;574, Z -oD Rke 4 &21 . ✓ _ /77,?/z ..�o /1 A e r0 rs ��-,►5fie. co ✓ /4 os .50 • ia. c s C�a-hz . � /, ,/ 0"7.5 V 5 dz1926, ✓ /75, ohs! �S y 14 Zak iv .6( 6 )s ✓ /4,9, 87F, a - .V7 z 9ife, ✓ /77, i7:. o0 • Loh R ke Bill Larkey , Cheatham and Assoc. Kim Bush, Acting City Secretary , City of Southlake 5a -3 SUMMARY OF COSTS FOR WATER LINE EXTENSION TO OAKWOOD ESTATES NORTH SECTION: 8" extension from existing F.H. on White Chapel to Oakwood Estates $72.000 (4800) (15.00) = $72,000 12" oversizing of 8" from existing F.H. to Bob Jones Road $ 7.525 (2150) (3.50) = $7,525 Fire hydrants for full length of line @ 1000' spacing $ 6,250 (5) (1250) = $6,250 Misc. Valves/Fittings $5.000 Subtotal (North) z $90,775 SOUTH SECTION: 12" extension from Dove Road to Massey Furniture $63.825 (3450) (18.50) = $63,825 Fire hydrants for full length of line @ 1000' spacing $12,500 (10) (1250) = $12,500 Existing services connected to new line $ 5.000 Driveway/street repair $ 7.675 Misc. valves/fittings $ 5.000 Subtotal (South) $94,000 TOTAL NORTH & SOUTH SECTIONS $184.775 CONTINGENCY $ 20,225 ENGINEERING & SURVEYING 20,000 TOTAL PROJECT COST $225,000 City of Southlake,Texas MEMORANDUM -vy April 14, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Request for Excused Absence for P & Z Commissioner Mr. Joe Wright, Chairman of the Planning and Zoning Commission, requests that the City Council consider excusing Bob Dowdy' s absences at the following regular Commission meetings of March 4, 1993 and March 18 , 1993 . Commissioner Dowdy was in attendance at the April 8, 1993 meeting. This request is per the requirement established in Section 11 . 03 of the City Charter, as amended, and provides that " . . .a member of the Commission shall forfeit his office if he fails to attend two (2) consecutive regular meetings of the Commission without being excused by the Council . " Should you or any member of the City Council have questions regarding this matter, please call either myself or Chairman Wright . Please place this on the Council' s April 20, 1993 agenda for their consideration. Mal KPG 5a.- ! City of Southlake,Texas MEMORANDUM CITY MANAGER April 13 , 1993 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Michael Benton Agreement Attached is an executed copy of the Benton Drainage Easement and Agreement as required by the City. The proposed drainage facility from Southridge Lakes, Phase V, was proposed to discharge into the barrow ditch on Shady Oaks and flow through a proposed culvert under Shady Oaks onto Mr. Benton' s property. The City required the Developer (Arvida) to acquire a drainage agreement and easement from Mr. Benton prior to construction of these improvements. Mr. Benton requested the drainage easement be placed upon his south property line and the culvert under Shady Oaks be located accordingly. If y.0 have any questions, please contact me . :C/lc Attachment : Copy of Drainage Easement and Agreement Copy of City Engineer' s letter c:\wpfiles\memos\benton.agr CITY OF SOUTHLAKE DRAINAGE EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That I, MICHAEL N. BENTON, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid :by Grantee herein, the receipt and sufficiency of which is hereby acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, sell and convey to the CITY OF SOUTHLAKE, Grantee herein, of Tarrant County, Texas a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, and operating drainage improvements in, into, upon, over, across and under that land in Tarrant County, Texas, described as follows, to-wit: a 25 foot wide permanent drainage easement as more particularly described in attached Exhibit "A" setting forth the. metes and bounds description and attached Exhibit "B" setting forth the graphic depiction, together with the right of ingress and egress as necessary for such purposes. Grantor covenants and agrees that Grantor and Grantor's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that Grantee shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. Grantor has this day additionally granted, sold and conveyed hnd by these presents does hereby grant, sell, and convey to Grantee an additional contiguous temporary construction easement.for a period of one (1) year for the purpose of installing drainage improvements on the property. Such temporary easement slake\bentonlagr(032693) -1- 1/45—e_ shall include the right to excavate and fill upon said temporary easement, but Grantee shall replace any fences or other fixtures upon said temporary easement without cost to Grantor, and shall restore the property, the subject of the temporary construction easement, as nearly as possible to its condition prior to entry thereon. This easement is further subject to the following terms and conditions: 1. Grantor hereby consents to the construction of a single 5' x 3' RCB culvert underneath Shady Oaks Drive adjacent to the drainage easement. Grantor hereby further consents to the construction of a drainage swale which will be excavated and will extend • approximately 80± feet onto Grantor's property located at 615 Love-Henry Court in Southlake, Texas (the "Property") and within the drainage easement. The drainage swale will be filled with rock rip-rap for approximately the first 30 feet and the remaining • approximately 50± feet will be sodded with bermuda grass. The drainage water will be permitted to flow east upon exiting the drainage pipes under Shady Oaks Drive and the rock rip-rap in the drainage easement. The cost of the above construction shall be borne by the Developer of Southridge Lakes Phase V (the "Developer"), at no expense to Grantor. 2. Grantee will be responsible for repair of any damages to the Property caused by any increased flow of water over the Property. Grantor will be responsible for normal maintenance, such as mowing, within any portion of the drainage easement which is left in its natural condition and not otherwise improved with structures, in accordance with Grantee's drainage ordinance. 3. The Developer will fill and sod the existing drainage area after the new drainage area is constructed as provided above. 4. Grantee represents to Grantor that the drainage improvements provided above will allow for the adequate flow of water without any water damage to the residence slake\bentonlagr(032693) -2- 3 on the Property excepting the 100 year event rainfall. In the event that, as a result of these improvements, normal rainfall poses a threat to the residence on the Property, Grantee will take immediate corrective action at its sole expense. TO HAVE AND TO HOLD the above-described permanent easement, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and I do hereby bind myself, my heirs and assigns, to warrant and to forever defend all and singular the premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim same or any part thereof. EXECUTED this the day of *Al) , 19P. /274v1p412, . Grantor ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority in and for said County, Texas,' on this day personally appeared MICHAEL N. BENTON known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GI N UNDER MY HAND AND SEAL OF OFFICE, this day of 1993. /44,16A.A itieddiz) 4, SACRA L UMW Notary Public in and for the NOTARY PUBLIC State of Texas State at Texas • Comm.Exp.024447 My Commission --- - Type or Print Notary's, Name slake\bentonlagr(032693) - -3- CLERK'S CERTIFICATE STATE OF TEXAS . § COUNTY OF TARRANT § I, , County Clerk of the County of Tarrant, do hereby certify that the foregoing instrument of writing dated on the day of , 19 , was filed for record in my office on the day of , 19 , at o'clock _.m., and duly recorded this day of , 19 , at o'clock .m. in the Deed Records of Tarrant County, in Volume on pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in , the day and year last above written. County Clerk, Tarrant County, Texas By: Deputy slake\bentonlagr(032693) -4- L5 ' EXHIBIT "A" 25 ' DRAINAGE EASEMENT Being a 25 foot wide drainage easement located across Lot 10, Block 1 of Southlake Estates, an addition to the city of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-75, Page 8, Plat Records, Tarrant County, Texas: BEGINNING at a point in the common East line of Shady Oaks Drive and West line of aforesaid Lot 10, Block 1, said point bears North 35-0/10 feet along said common line from the Southwest corner of said Lot 10. THENCE departing said common line and Shady Oaks Drive, North 89 degrees 24 minutes East 265-0/10 feet to a point for corner in the East line of said Lot 10; . THENCE with said East line of Lot 10, SOUTH 25-0/10 feet to a point in said east line for corner; THENCE departing said East line. South 89 degrees 24 minutes West 265-0/10 feet from and parallel with an existing 10 ' Utility easement along the south line of said Lot 10 to a point for corner in aforesaid common line of Shady Oaks Drive and West line of Lot 10; THENCE with said common line NORTH 25-0/10 feet to the place of beginning and containing some 0. 1521 acre of land. • J_e r 6 1 I ltl111 V I I I • 4 ID` 11111.111 4. V I I I I 2U. I I .. _ I inia_____. tf I N [ ` I11I. Q I 1 \:: 1 W 117:.1 7\ 1 -I' x, {,; Z I el Ia 2 r D a'7 9 • 11.7 Id . 80 • !h"' U "I I 1 ` I7 a e 1 • I� : I -I �- __-____ _ I• I I 4(1 BUILUING LINE I 63.6' EAST I 263'• 1_ 1I' •_ ...__ _—_-LOYE NR.Y- _ — -••-------•- 1 !I. _ EAST ` .1• •• �'6.O' I 1 267.51 11 I i 40' BUILDING LINE • �`• I Y .__ _� __ _____ .- - -- I• / • 1 • G1� t 6, I � . • • I ' : t-- , I I 9' 1111 1I� • 0�� a`.' 'Kit'rEXIST. F ;AN -N 89.24' E 265' "` =-I 7..�i• 1 _,.-._ _..1. _ — -- ' �—.,ten .. . __ _------- . I' •0•IE• 25�DRG_EST: � y 2GT.6' I A - ,, - .. ,-. !,, -S 89-24'W 26�:.- :7 �____ —— ---— ,� I .421' ' 12, r _ - 'I `- S8924' W I RON PIN ID' UTILITY EASEMENT 7 f�ri INE SIATE II UM ) ' AP ROVED TIII3 TIIE- r� DAY OF ) N I I All NEN II INISE ►IESI • • - , - ,I9T!_, C0111111 IE IAAAANT ) BY QITY COUNC11_, CITY OF SOUTIILAKE, 1MA1 101E-NENAT I ASSOGIAIIS• INC., Doe mom r • ERTIfY 111A1 11113 3UNYEY �jC-7p .p1T le ell: TAIRANT aOUNTY, TEXAE, cv use,.- N THE °ROUND Ili JANUARY • • , • • .• - NY SUPERVISION AND TIIAT ►1•). •• d '1 CHEATHAM AND ASSOCIATES March 30, 1993 • Mr. Billy Campbell Acting Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Michael Benton Drainage Easement & Agreement City of Southlake Job No. 001-930 Dear Mr. Campbell: Enclosed herewith is an executed copy of the Benton Agreement and easement. As you are aware, the proposed drainage facility from Southridge Lakes Phase V was proposed to discharge into the barrow ditch on Shady Oaks, and flow through a proposed culvert under Shady Oaks onto Mr. Benton's property. The City required the Developer of Southridge Lakes to acquire a drainage agreement and easement from Mr. Benton prior to construction of these improvements. Mr. Benton requested that the drainage easement be placed upon his south property line, and the culvert under Shady Oaks be located accordingly. Therefore, we are inclosing the agreement and easement, which has been signed by Mr. Benton, for consideration by the City Council. Please add this item to the agenda for the April 6 meeting for consideration by the City Council. If you have any questions, please give us a call. Respectfully, Eddie Cheatham, P.E. \bendrn.c&g Enclosure ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1 170 Corporate Drive West • Suite 207 • Arlington, Texas 76(X)6 K 17/633-1023 • Metro 640-4329 Se- 5 -7 City of Southlake,Texas MEMORANDUM April 13, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-07 Rezoning Request REQUESTED ACTION: Rezoning for 2.45 acres situated in the J.G. Allen Survey, Abstract No. 18, Tracts 6C2 and 6C1A LOCATION: West side of Davis Blvd. , South of Tiffany Acres (Michael Drive) at 8809 Davis Blvd. OWNER/APPLICANT: Leslie Hughes and Mark Stanfield d\b\a\ H & S Properties CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "I-1" Light Industrial LAND USE CATEGORY: Mixed Use BACKGROUND INFO: Annexed into the City of Southlake in October, 1987 as Agricultural. In October, 1988, the applicants requested "I-2" zoning for the entire 2.45 acre site. The Planning & Zoning Commission recommended that the eastern one-third of the property be zoned "I-1" and the remaining two-thirds be zoned "I-2" with a 8-foot wooden privacy fence being built on the North from the creek to the west property line and continuing along the south and east property lines to within 50' of Davis Blvd. The City Council approved the First Reading of Ordinance No. 334-58 for "I-1" on the entire property with the fencing requirements that the Commission recommended and added the requirement of a dust free driving surface. The applicants withdrew their rezoning request prior to the Second Reading of the ordinance. NO. NOTICES SENT: Ten (10) RESPONSES: Three (3) written responses (two in opposition and one in favor) : Morris W. Farmer, 684 Davis Blvd. , opposed because of the residential in the area and due to the dust and diesel smells. Mrs. Opal White, 900 Davis Blvd. , opposed due to the trash, beer bottles and cans which are thrown on her property. Tom Reardon, 6700 McCoy, Watauga (Lot 5B, Block A, Tiffany Acres) , in favor. "area suited for light industrial." Curtis E. Hawk, City Manager ZA 93-07 April 13, 1993 Page Two P & Z ACTION: March 4, 1993; Approved motion to deny (6-0) the "I-1" request. Commissioner Wright commented to Mr. Hughes that the Commission could not place restrictions on his property as a provision for granting the zoning; he commented that he thought, as a consideration to the neighbors, that something would have been offered to help eliminate some of the neighbors' concerns. COUNCIL ACTION: March 16, 1993; Approved to table per the applicant's request until April 6, 1993. April 6, 1993; Approved (6-0) , First Reading, Ordinance No. 480-84. Councilmember Emerson encouraged Mr. Hughes to discuss with Mrs. White (prior to the Second Reading of the ordinance on April 20, 1993) the placement of an eight-foot (8' ) fence along their common property line to the South. Mr. Hughes was to check on the availability of an environmentally safe spray to alleviate some of the dust on his drive. STAFF COMMENTS: Keller's Future Land Use Plan indicates commercial at the southwest corner of Union Church (West Continental Blvd. ) and Davis Blvd. West of this area they propose multi-family along the south side of Union Church. frk KPG j ! -�i I �� Ir' wx �� lAc�sx @`iCARTI'C I ,,,row , TRACT LOCATION MAPL" \\_________:L__Li).1 7.7.-.. !__- IF_I }-1 -1� �, :- I I • I • ! 1 . ` 1 i r I __ - Wit. 4f— , • ,•, C. DART 'r • .. J. WEST 1 se i i"dddir k ,4 3 ; i'HG7 ,: �- "/ u.9. Jr� .. .mr—�a wpm ` w fil •I( ` � `� .1. i. IK-sn.�¢ am tsar _L _ +'' .... I� Q 'es, Mr IER am wrr - k� - / . m j— 1 • .. v�or * _ W1 CHI -sa i•' I L !N , Ii . Y • , ...,._ n . .. 'j .� � I.f' •; ,1, I •' • J. 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HIXi RlS ' •'• 15 k , 1 I I \ �` I • ----- „- .•...-.,..., .I II ice= `.�. �/ . 5.O AC I .Z46 AV.4z Ay 1J.Gt.; •+v BROCK i' TR 2A2 5.0 AC 1 I „ TR 1A2A ISOI I •� 1 I " .36 AC .� 1 Y ( B C�° I 23 � �►� q Q g 28 2A�� 1 1 I g TR 183 2 3 A 4 ��'5 B �{ Fr(" 1 .98 AC MIC AEL DRIVE MICHAE_L OR I Smith C GREENWOOD DR anTil Poteet IVanTil P. izD =`° 1 s r'R , - ° Prestige i .587 AC R T „AC7^ 3 (�� 2B 2A Gunite I "AG" iR 5A 58 4 H �+a�5 135 i ICI Lincoln , D V 1" 2 "AG" "AG" Orlando PV1 ' AZ r+ 1 ► t_ Concrete "AG" :o "AG,' �1m TR 184 p ,� $ I % K i oE 1.03 AC "�_ .�r, O OFc� a� r HH "AG" 4R 2G3“ IJ :� , 5� . 3 • — wIJ eta J QI Lippincott , W White, H O Y1UI BuDler 2 3 r s Pg35(3 TR 6C4 "AG" TR 1 2 tte 62 4.81 AC "I_1" TR 6C 3.87 AC ob "I-1" a 4R a 5R 6R Farmer 'TR 6C3 ,,I R ,,, TR 182 M .75 @ p1/40LEIS' 1. 2.0 AC 173 AG,. 3:5 l - 115 16E S" S U . 1 I 493 t 9 71. r' - TR.6F2 P/ I z� 1 I _� 2.0 AC /� • I I m c, 1 x TR 1Bi TR 1818 m a I TR IB1Ai TR 6F1 & 6F1A 0 3.0 AC 6.071 @ 1 2.0 AC 2.70 ACcc TR6F I ., 3.283 AC E I I _. .... I to/ 328 I L 7" 290 ADJACENT OWNERS &- ZONING TR 2A TR IAIA 1 I n) . 19 AC .81 AC I o a I (1 1 N I_.. _ t -cif f arl A«<s �', 389-IiI, PG. 33 Lcfi3 Block A, tA1-2 Lod L Lu� Li. 93(„ 10 1 i\ C32 Rnccd l Meal B(d5. Me}11 F31dy. Sturayc I C 7 Maireria1 Concr +c Loncrctc µ �m Skorayc Area — n Gravel Dri i > V . 0 840. 30` ArrroXirnatc Iocaflon of Creek Being a portion of the JESSE ALLEN SURVEY, situated about 142 miles Northeast from the courthouse in Tarrant County, has , and described by metes and bounds as follows: COMMENCING at the Southeast corner of the Jesse Allen Survey; THENCE North 886 feet to a point, said point being the Northeast corner of a tract of land described in Volume 1850, Page 382, of the Deed Records , Tarrant County, Texas; THENCE West 60 feet to the beginning of this tract to be described; THENCE South 125 feet with the West right-of-way line of Farm Road 1938 to an iron pin for corner; THENCE North 88 degrees 28 minutes West, 840.30 feet to an iron pin for corner; THENCE North 01 degrees 55 minutes East 125.00 feet to an iron pin for corner; THENCE South 88 degrees 28 minutes East, 836.10 feet to the place of beginning. i h �ITY OF SOUTHLAKE, TEXAS \ ORDINANCE NO. 480-84 \ ORDINANCE AMENDING ORDINANCE NO. 480 , AS AMENDED, TH:'+ 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 g.40 ACRE TRACT OF LAND OUT OF THE MOk AI:zLEN SURVEY ABST1 GT ;:NO 18, TRACTS 6C1;A AN J 6: 2, AND MORE....FUT LY:;..AND....COMPLETELY...DPSCRIBED..IN .EXHI IT '�A' FROM ?t `:.:.tr:;>>.'GR>1' UI TUR L TO >«:I 1:U L.IGHT» IUS` R A SUBJECT` TO THE ..:SPECIF'TC REQfIREMENTE.....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; 1( PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. A - ' =•ar�;`....�. _ ....- e 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 fW,742Wg§0X0t#X under the City' s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of Page 1 7. - 7 IRI.84/ORD/kh 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 aim! acre tract of land out of the and more fully and completely described in Exhibit "A, " • attached hereto and incorporated herein. Page 2 480,84/ORD/kb ��` dy From <.'::::W »»::»:1 :c: :: <ii iW>::>::: n: ::n ::;:>:: : ::s: :r: ;: t to WE><:<:::»:L: ::. ..........:.....:....:............:....... 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. 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 Page 3 7a-%" 480.84/ORD/kb • ._ ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9 . The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3 .13 of the Charter of the City of Southlake. Section 10 . This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 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: CITY ATTORNEY Page 4 480.84/0RD/kb City of Southlake, Texas MEMORANDUM CITY MANAGER April 15, 1993 To: Curtis Hawk, City Manager From: Chris Terry, Asst. to the City Manager Subject: Ordinance No. 583, 2nd Reading, a Franchise Agreement with Sammons Cable Co. for Cable Service in Parts of Southlake City Council approved 1st reading of Ordinance No. 583 at the April 6, 1993 regular meeting. Ordinance No. 583 is an agreement between the City of Southlake and Sammons Cable Co. to provide cable service to portions of the City of Southlake. Mr. Tom Soulsby, General Manager of Sammons . Cable Co. appeared before City Council at the 1st reading to respond to questions and describe cable service operations under the proposed franchise agreement. Sammons currently serves approximately 47 homes near the Southlake/Keller border. Sammons was providing service to 410 residents in western sections of the City at the time these areas were annexed in 1988 . Analeslie Muncy of the City Attorney's Office, has revised Ordinance No. 583 to include City Council direction offered at 1st reading. Changes made since 1st reading include Section 5 which requires quarterly payments of 5% to the City. This replaces the annual payment terms included in the 1st reading. Reference to the Cable Television Consumer Protection and Competition Act of 1992 has also been added in Section 7 regarding determination of rates charged to subscribers. Attached is Ordinance No. 583 for 2nd reading. Exhibit "A" details Sammon's basic service rates . Exhibit "B" details Sammon's service extension procedures . Exhibit "C" lists cable channels available through Sammons. CT 4110 I- 1LLVINb , UHKKL I I ILL . Z51 t—JOV—J7JJ cm' tv + 1 y y vy�.��•+ •vc ORDINANCE NO. 583 AN ORDINANCE OF THE CITY OF SOUTELARE, TEXAS, GRANTING A FRANCHISE TO SAMMONS COMMUNICATIONS, INC. , A DELAWARE CORPORATION, ITS SUCCESSORS OR ASSIGNS, TO OWN, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN TUE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING POR BEVERABILITY; PROVIDING AND EFFECTIVE DATE; AND PROVIDING FOR ACCEPTANCE. 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, BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF BOUTHLAEE, TEXAS: 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" means the City of Southlake, Texas. (b) "Company" means the grantee of rights under this Ordinance awarding a franchise, being Sammons Communications, Inc. (c) "Person" means any person, firm, partnership, association, corporation, company or organization of any kind. (d) "Cable Television System" or "System" means a system of antennae, cables, wires, lines, towers, waveguides or other conductors, converters, equipment or facilities designed and F1LLU1Nb , HHKKhI I ILL : 31 (-5bU-.5 5 Hpr 10 , 7J ii .ul iru .uu4 r .u., 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" means 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 Authority. A public hearing concerning the franchise herein granted to the Company was held on _ - at o'clock at the The hearing having been held and having been fully open to the public, and the City having received comments regarding the qualifications of the Company to receive this franchise, the City Council finds that the Company possesses the necessary legal, technical, character, financial and other qualifications, and that therefore the City Council 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 — 2 — 74--3 FIELDING , BARRETT TEL : 817-56U-695,5 Hpr 1b ,96 11 :U1 NO .UU4 V .U4 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 City Council final adoption of this ordinance. At that time the Company shall be entitled to apply for franchise renewal. looggiagm NINNIgif#00.04W•r..,...."44. 1*Mg . !MPIligN,4:tgaggatIN 1044,TAUMORZWE*1140=14#2 SECTION 5: payments to the City. The Company shall, during each year of operation under this Franchise, pay to the City a 1.0g4tgg sum of five (5%) percent of the Gross Subscriber Revenues received by the Company from operations within the City for the prior gogrct. At the time of payment, the Company shall furnish the City with a report showing the Company's Gross Subscriber Revenues during the preceding WaW. Each mgggm payment will be made to the City within 30 days after the end of each ittgaM. 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. - 3 - 7k-4 rltLL)1N( , diKKh- I I ILL . .T1 (-JOU-.J 33 Hpr 10 ,`'J 1i .U1 Ivu .UU'+ r .U.J SECTION 7. .o.:� amw'w 4 :: w #0 :.�v..... .v.v:�•...t�...... ,•:'ivy.:vn y. � .� . (� ) (yam n spy{(µ), /•j Rytfj3... • c ........: ... .. .:1 a. v,AWiO.t ��j}Y: :;! XIMI:MM wdi<....U..w... ..:�t•�.�.•........:i'..... ...J..w..„,..v..v..,. � :J::. ......:5�... d...L ...�•�r•nw�"Y.n�r�Y.l.��� P ga k yrvJ.c 40:SBIliaairaltiA§higgitlMOVEMKAPAVIC440410 .. .:..�• . .. .4V . �.;�:•: �`:�:�-ram �e� ' ��•. ,,. �� ..... . :�•:,._.. ......:.•-� ......,.,...wa...,.......w...._.., .........................,, w�:.., .., •mot. �.<.;t: , .:,•,.:.. �a:..,.,._..., ,:#`. x ,�.,.< ii 0'gg gg '„. /�`yf�»� w N•d:.-4�gy 1.:.:.. i]j �.���� '�`i ::i::F"x �u:l� rn. ...hA'nY.'7P.T7�..'.'�. fi:Ct .^. >Rx,VA o":i; :4_ ?2; a yc 42M,.t.«.wC:. P.xiu :s::'' 4'as•d, u<+..v:1 vxu.},.x.:,.< e<0:w.n<..x....• e««ee.a,u:a., ,.':." �a uwdaew�i.: wxw k14`•.Aand • .., l"..' i ::G .4Tw>aY i` �.7:tiJ. :,µK t.: , ,�yy,h: W►�,•>ybngx.^�i:��l .v7�� .PS ���,��..�. v-.'^..''�' .. ��k�.:..e.: . vy1y �Q� cn.s::. � 'j '�x �J .v:. -xw x.>n, x ,. rf•k'.. ..,.y,.y:. .N...�.wwsrN i,.,.t» ...,.. ... .. ...... .. ......................... ... d:.r:•.Nyw��. 10.V.xy>uwy,gp Cµ` d�}.'.wN ir:'')..y S9o9c,M-:t:t:o•<d;,q�p,o:•v.�o.l 9Y ,y.,!h,i,�, SECTION S: 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. - 4 - umr\r\cli icL . otr -,Juy J.JJJ flJI 10 .J il .vi liu .,./u.4 .uu SECTION 9: Liability and Indemnification. The Company shall pay, and by its acceptance of this franchise, the Company expressly agrees that it will 10404.6 .44-14ticl-013NVItg:540#14E54 alaWekttAME41-,25114,0AW: damages, and penalties which the City may legally be required to pay, ggiglogmogg 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 Mi#OVE*144464:01§A#M4g444$10. 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 - 5 - 7 6- 6 r1tLUlNb, dHKKtil ILL • ol ! -JVV-o oo Company's employees be deemed to be employees of the City. SECTION 10: $ystem Construction. Maintenance and rtecedures. (a) " Upon grant of this Franchise to construct and maintain a Cable Television System in the City, the Company may enter into contracts with 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. it is recognized that 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) All transmission and distribution structures, lines, equipment, and facilities erected or maintained by Grantee within 6 - r 1LLll1N( , }3HKKL I I ILL • rsI ( OU—OJDO HFJr 10 , ) 11 •V1 �� .��+ .V� the City shall be so located as to cause minimum interference with the property 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. No surface of any paved street shall be cut or disturbed by Company in laying, constructing, maintaining, operating, suing, extending, removing, replacing, or repairing its System without prior notice to the City or its designated representative. If the City or its designated representative is of the opinion that such proposed cut or disturbance of a paved street surface could not be timely and satisfactorily repaired or restored, the City may require Company's proposed work to be performed by tunnelling under such paved surface rather than by cutting same. (d) The surface of any street disturbed by Company in laying, constructing, maintaining, operating, using, extending, removing, replacing, or repairing its System shall be restored by Company 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 Company to the satisfaction 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 Company for a longer period than shall be necessary - 7 - 7% ~s r1GLViF4J , IJNKKtI I to execute such work. If, in the opinion of the City Council, there is an unreasonable delay by Company 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 Company to pay the reasonable cost of such restoration or repair. 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. (f) w� " : 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. .. ro Company shall, on the request of any person holding a building moving permit, issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person holding the permit, and the Company shall have the - 8 - F 1LLll lIVO , DrIRRL I I I CL . Oil tip! 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. h) OWIWWW 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. Krr:re, �.":•:w+re.... w..i.•.. nftr:......WAV�.:�.wn .,•..i,:: ...: ... ` 7"' .toi SECTION 11: Line Extension. 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; or (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. (a) In the event the requirements of subsections (a) and (b) are not met, the installation cost per subscriber shall be 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 g - 7 -/� FIELDING , BARREII ILL : 1r-5EbU-.5 .5 Hpr 1o ,y•) il •Ui NU .UUL1 r . ii 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: gppreval 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 o�y t, 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 Cable Television operations promulgated by 10 w. 7,G--/1 FIELDING, HHRRETT ILL : 51 (-DnU-OJDJ HNr the FCC. This shall include adherence by the Company to FCC rules regarding technical and engineering specifications involved in the construction of the system and signal carriage therein. w. u a.t.\ �j,j fa1sN AS::�' w1•e i•'� �y/Yt �' '�?.'y +� •� ;Q[ ,.,ww. .... i w .........1':i•� iH� w,::y�:�.� :��•''�'�•''� .�..+.•�.Y 1 Y,�:+wA a'.rJ���"!� ..ui Y �i({�]� at � 6',r,N r•�•r j; r'd '� .. .'.y:e: 1:�{..M' sty • 5 it 4:... ..... ...... s>.2•:'1vwv.v.�.''ifl. �C.O: �% �'N`iM� a...rwV.vw.w• 1!!c.:f.M :r..:. R ���j))���jg� ' ter/ � .KK ... :t•: v:v:.... �9,s:.:t vii::. }(Mr..y. .},�.�:..: ...lA��•.: KaRas.w..:..w.°.an Y�`.i:,N... d•c:.w.> .v.....•.. t'Si'r• e:eu:a w.rv.. 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 publication costs shall be paid at that time by the Company. MgrA9VAgg activities Prohibited. The Company shall not allow its cable or other operations to interfere with television reception of persons not served by the Company. rv.e.dn:rQ:idtid.. x ' pt f y>„H t 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 validity of the remaining portions hereof. - 11 - 10047Aczafq:' • eifNienflP14414.04,40:4141C-.E.tVe §rt,:fitW3jr-txvitItTAogetiiti3Vs.',,,_tt::-f,MYIP,gblgklr#ig:AR*CivtltNCV..ftrx ti.r.45 :04:-411Ciatiglifliff0411;WciNititAtfa0.404#4 t-CfstAlmovfa0 KOM:s ,cvsTIMV.IrT-.1WVAMIC444,424.,_Ankriv-t4-CIPOOtot... Offt irrviikaik*M1-40041M ATTEST: CITY OF SOUTHLARE 'BY: City Clerk Mayor Date: ACCEPTANCE OF FRANCHISE By signing this acceptance statement, Sammons Communications, Inc. , hereby accepts this Ordinance as the agreement between Company and the City and does hereby agree to be bound by all of its terms, provisions and conditions. SAMMONS COMMUNICATIONS, INC. BY: TITLE: stakekcable.ord(4/14/93) 12 EXHIBIT A BASIC SERVICE RATES A. Primary Outlet Installation 1. Standard 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 100 B. Expanded Basic Monthly Service $ 19 .95 C. Basic Monthly Service $ 7.95 ti I:XI{I_BI.T U 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 monthly 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 pn a cost-plus-labor basis. EXHIBIT C Sammons Cable Services Channel.Lineup 1 KXAS (NBC) • ESPN 3 KDFW(CBS) L. 4 CVS-Cable Video Store n 5 Local& Municipal Access 6 The Weather Channel& Radar 7 WFAA(ABC)C. n A&E ri Family Channel 10 KTVT(IND) C. 11 Education Access-TCJC 12 KERA(PBS) T• TT Discovery Channel 14 MTV 15 KDFI (IND) • 16 KTXA(IND) 17 KDAF(FOX) 1 E31-1 Nickelodeon 19 The Disney Channel na 20 WGN (IND) n Headline News-CNN 22 KXTX(IND) 23 Data Channel-Fort Worth/KDTX-Suburban [241 QVC-Home Shopping n CNN-Cable News Network 26 The Movie Channel C. 27 HBO C. 28 Showtime n 29 HSE 30 Cinemax C. -Ti' USA Network TNN-The Nashville Network 33 TBS (IND) AMC-American Movie Classics Lifetime 3& TNT-Turner Network Television 37 C-SPAN I-House of Representatives 38 Previews&Special Events 39 KUVN Univision 40 The Box C. 1-1 BET-Black Entertainment Television 99 HSN-Home Shopping The following channels are available only In Fort Worth and • those suburban systems with an expanded channel line-up. Tff VH-1 50 ISD Educational Access 43 Nostalgia Channel 51 KDTX/TBN 44 Fort Worth Open Channel 52 Playboy 45 Fort Worth CityVideo 45 53 Leased Access/NASA 46 KFWD Telemundo ® Bravo/TEC 1471 VISN/ACTS 55 Doppler Radar 48 KDTN-PBS 2 ® CMT C 49 C-SPAN II-Senate CNBC Boxed Channels-Available only on Tier Service Dark Type-Optional Premium Channels C. indicates"In stereo." 3/93 ORDINANCE NO. 584 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS DENYING THE PROPOSED CHANGED RATE SCHEDULES AND SERVICE REGULATIONS OF TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING CONDITIONS UNDER WHICH SAID COMPANY' S RATE SCHEDULES AND SERVICE REGULATIONS MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE WHEREAS, on January 22, 1993 , Texas Uti ities Electric Company filed with the Governing Body of this municipality proposed changed rate schedules and service regulations for application within this municipality on February 26, 1993 ; and WHEREAS., the Governing Body of this municipality adopted Resolution No. 93-20 which suspended the proposed effective date of said proposed changed rate schedules and service regulations as permitted by Section 43 (d) of the Public Utility Regulatory Act; and WHEREAS, the Governing Body of this municipality, after having considered the matter, is of the opinion that the proposed changed rate schedules and service regulations are not justified. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1 . Because on January 22, 1993 , Texas Utilities Electric Company filed with the Governing Body of this municipality and simultaneously with the Public Utility Commission of Texas a virtually identical Petition and Statement of Intent with proposed changes in the rate schedules and service regulations of said Company, and because it is in the best interest of this municipality, its citizens, and said Company to avoid the expense of a full investigation at the municipal level since all issues pertinent to this particular Petition and Statement of Intent will be thoroughly investigated at the said Commission, the proposed changed rate schedules and service regulations filed with the Governing Body of this municipality on January 22 , 1993 , are hereby denied and disapproved so that same can be more economically investigated at the said Commission, and the said Company shall continue to provide electric service within this municipality in accordance with its rate schedules and service regulations in effect within this municipality on January 22 , 1993 , until such time as said rate schedules and service regulations may be changed, modified, amended or withdrawn with the approval of the Governing Body of this municipality. Section 2 . Nothing contained in this ordinance shall be construed now or hereafter as limiting or modifying in any manner, the right and power of the Governing Body of this municipality under the law to regulate the rates, operations and services of Texas Utilities Electric Company. Section 3 . That it is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public and as required by law and that public notice of the time, place and purpose of said meeting was given as required. Section 4 . This ordinance shall be effective on the date of the passage and approval hereof. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS on first reading on this the day of 1993 . PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS on second reading on this the day of 1993 . APPROVED: Mayor, Gary Fickes ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney Date : 2 • City of Southlake,Texas MEMORANDUM April 13, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-12 Rezoning Request and Concept Plan Approval REQUESTED ACTION: Rezoning and Concept Plan approval for a 2.832 acre tract situated in the Larkin H. Chivers Survey, Abstract No. 300, being Lot 1, Block A-80, Peck Addition. LOCATION: 1325 North White Chapel Blvd. OWNER: Mike Janszen APPLICANT: Liana Baccus, representative of The Clariden School CURRENT ZONING: "0-1" Office District REQUESTED ZONING: "CS" Community Service District LAND USE CATEGORY: Mixed Use BACKGROUND INFO: The applicant seeks approval of "CS" zoning to establish a private school (The Clariden School) through grade six (6) , for ages 2 1/2 to 12 years. Ms. Baccus indicated a potential enrollment of 45 children for the Fall, 1993 session. She further indicated that no permanent playground equipment would be installed, but that a small play area would be provided in the rear of the lot. NO. NOTICES SENT: Nine (9) RESPONSES: None P & Z ACTION: April 8, 1993; Approved (5-0) subject to the Staff Review Summary dated April 2, 1993 . STAFF COMMENTS: Attached please find the second Plan Review Summary dated April 15, 1993 . KPG/gj • C:\CD\KAREN\MEMO\ZA93-12.MEM -1- —1 ;--, I ; .. I, --•-•--__ _ I I_, , 1__' , '_, , _I ill I I �I I I L 1 . ���� , 10.l , .. in ,.1. !'_ 1f o - It 3 SA r A .. Y I 1 . MD • I Vg48 I IAIr b N� lAI /.f�.- O b INC IS UI A SAg ' / .h SA ''RT iv E I/ I �I I�p/ 57 . Cg A Da I 'A Jr' I 6 — At wA ih .! I I-Mill I �..•_' 1 n. Sq_:� I 9 ,.,R Tr I AESALOGftl H. C IVIEU�S i unit I In I 1. .gyp \ I 111 ��,,_',[`(J` in :N - I 3 3 f�I�CSIa 1-1. Cbld(EW3 I. ! 6, 1161114; ,..,,. 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I ...::rr•1 II.L u s r I g ►�f11111� .�� 1111!►t-awl • A.r'. 0• -- .�rdi 3 INE ji sirs f ,.1., > ,441,40,1 PI A0V. nit _onliiindi ral,m,quoi' up v• - IIIIIIM mi. 4110414; ---•---. .;......-Empgaid.Fri, r.,Driar 7,m11111' Emmi -- .t. 1 .7 irons, , ti ww- r.fire . - 1 ;mpg. 1 I� Imo/l. , , ,1.101.-TAI rignommal , ,-. ..� >iitials s 7 7. infair - Fil 11111PA iii IN wahils,_,,,Tom _ is IPAPAimr4e2a 332 r reibliwarp-sr. ., ,,,, __:__ ...h....3 __ :MI ---,.2 I 11-- l'esioppipipaiikil ' .6.,,,,m-. , __..4.yr..,17',..e, ''''' ' ------- • . a la .., >+" - ..• 'i. 1 .r x m 30, SV! .c 3. SAI' Sc !A----- - ------_ Ve ' a :Ill 'r _ 3 m 'III�i= 1 nil/ 1 rn0 D . .�11.ri�• We _ rum >01 ) ,, lim millftrAtelll >n ._ J11 �AII+1:, la �1p Lx',,. umIi w w w !P!!j� III TRACT ,^ LOCATIONz _._.MAP , i;, .' I t ,�GA-�,, c►�' x11:114 Ill __ 1 ]OA 113 MA IC - • -- -- Milr M a g , b ® K N . NI '.�... . I ' A�,, I - - ___ 4. "' I IA' -39-1- 13 - I z5/� 1, $ 1.s0 3) U%1) . .2n32.780 @ eP5 �, _ P. DAVIS .e "C-3" CHI EY i. m SU�-3p0 ''. ELFM CORP. oUN \\\\\ :: - TRACT "C_3" C A i 1 (�J 2.30 @ E 1,/ �7 L. WAYNE I CN \YJ 63 "0-1" �12 JJJJJJ V TRACT � 2 • (. . TR 6D i I : x 3.0 AC E. BRYANT "AG" U1 / - / TRACT 3 o !b 3 s pe H. PANGBURN SI RUCKER .. 2R E. MURPHY -AG" "AG" "SF-1" TR BC 3.5 AC ,.. A-80 � R L. BRIGHTBILL • 4 L. POWERS "SF-1" - Ta 8C3 "SF-1" W6 0 AC "AG" 3� TR 3E18 TR 3E1A .o :40 5 320 3.14 AC 3. 14 AC 310 l20 TR TR_8C2 BC2A 6 . • 4.0 AC 6 $ I 1.0 AC Mf w r » 3.0 TA 884 TR 1E1 • TR 1 . 3 1.47 AC n 1 .73 AC 3.18 AC TA TR 882 83 .50 ADJACENT OWNERS & Z AC ONING s 1 76 O0t' /\K GO E. p s TR 8851 Lr'` TR TR '8B w. 88 1.21 AC s I OU1 OF . 2A ,n • 8� TR 8BIA 3 I sse Y g6o$G 77.firr : 1.25AC A , b 3 (�� (0) -,-..._. ...., Al2 TR 881C ff\\ 1 I (il1 rL. _ I, T LEG/OESOOPTION 7N0.1 •zev M.neat e1 and.naa.a In a.N.ChM,s,...T. AMP.2632 No.SGq Torrent M Caney reed eels a pe0m of U!1. Bled A-PB,Pn#Mention.m odoloo 10 Sin.My 0f Sou.. Tarml Cent%Tom Cw,a reoMed a 1b1me 200-107,Poge 01,P., /:(` Reooda Tenant Conty.To fed is . Me e .Mot al land cod..0Tad 0T d0N to 04...60.,bore °N.CM,rsvdb 10 M., 0 p °C N' NOB,I 1607,Used Crow.Tonalmn OtymereTo.os.Ming m 004110fery sedodo..by metes,A OaIM.as 101004: BLOfa HG at Me neramt cares Lot 2 BIM A-66 j i , ,L 10Q T n @ Q S°SOS E.along tho east C. i,a.] d.d a va1,m.]ee-t]40P°9e 30.Plat Lot 0.10,0A �xTtT, feet to Me melba.corm of Lot 61 of Pea Adltlan of Canto T.aac na¢ S 0036'20'M.aaq 0A no,Iho of sold Lot 2R. m@a°o- I , 433.22 feel to N.toot IYw of MHH1.Ow,Rood on d.okefH by sold Peel MAN, lei a-a .nr,,„ 0ra541 . ,. 1Mpift N 015700'IS.tlmy the eastIM e1.old MI6 GNpY O Rood,201.07 foot to the math Ono of raid Pe. Addkb ,•,01616%P.0.B. .tea.. ale PM A'aai Ocr eb r°i.�e°pwM"mh°`avon w°a —..—.I I I S 8879'00'E 432.60' N rely•.•Aenon.ra r Tw.acontaining 2632 z.._.._..... S rrar We..rverum f® Ns.' 1 • 0 • • J; �6T1PKl: I ATON MAP , a ... } ...•: 2 I I ,r d2.• xm -•.. a. a�arawe a m MAe sob M1 fir„ •0. ir�NTT" A i yQ - •• CO LOT 1.o m ,a6> , aa I 2 n N . t_ N .03��l io-15 re.T sam 2,2 2, IY t PL & I .xrG f . 00 10p,,..c,....,-1 . NM.LLYaOeqM A4 DSa • • 08 N , R :. .._...: �.+' \ S 89'56'29'W 433.22' I ia ,I n.r r mrorrum I .a.•-r.om on N.A2ar loon _..—. —..— .—.,_ Atom I V ¢pow .,.AI I— r 1Ly AO t wsanr,AR_n u+ i CONCEPT PLAN IF= I FOR A N I 10,A ROOt A-b • CS ZONING REQUEST I .x1 ci•00 1 It eacr,ro OF 1. LOT 1, BLOCK A-80 • i PECK ADDITION ro.a a 2.832 ACRE TRACT OUT OF THE •— — .—..—..—..—.._1 LARKIN II. CNIVERS SURVEY. ABSTRACT NO. 300 ar a aaa.-m cOL not PA AL EXISTING ZONING: 0-f I I PROPOSED ZONING: CS IN THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS OINIR APPLICAIM NU JABSS3N LIANA 04CCWS BURN.ROUTE I.BOY 00G 0600 N.NaolRTBOR BLVD. HILLER 1E0:AJ 7040-0740 IXIDM YEW 75030 (Roo 431-2026 214)401-3104 37.110E70k EN0]N2ER: RoRITON 00311Y COMPANY IASNNOCTON a ASSOCI1119.INC. 60O CRAP7YWE RIY,SUJTE 576 600 RITIN,8 SLIM STS NURSJ,TLYAS 70054 NBRST,TLLIS 70054 (617)406-0202 1fEIRO 4I6-3077 (017)466-0707 METRO 406-3077 \020-012\PZONIE Tp°��•,as°µ. CD City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 93-12 REVIEW NO: TWO DATE OF REVIEW: 4/15/93 PROJECT NAME : Concept Plan for CS Zoning Request/The Clariden School Lot 1, Block A-80 , Peck Addition OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Liana Baccus Washington & Assoc . , Inc . 6372 N. MacArthur Blvd. 500 Grapevine Hwy. Irving, Texas 75039 Suite 375 Hurst, Texas 76054 PHONE: (214) 401-3194 PHONE: (817) 485-0707 FAX: FAX: (817) 485-4106 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 4/13/93 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 . * The applicant appears to have met the requirements of our previous review. * Adequacy of parking will be determined upon submittal of the development site plan. To determine the parking requirements for this use, please indicate the number of proposed classrooms or teaching stations and the available seating in any auditorium or place of assembly. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department' s requirements . * It is understood that no new construction (increasing the square footage of the building) is planned at this time; however, should new construction be planned for the future, additional interior landscaping may be required per Ordinance No. 544 . * All signs and culverts must be permitted separately. * Denotes Informational Comment cc : Liana Baccus Washington & Assoc . , Inc . C:\GLORIA\WPFILES\PLANNER\PLAN93.12 • i� Iam11 66 A,y,. A 1 A 1612 A.tiel of I.aR„ely.e,.L14.PM..Son, I�1 Abstract Ica JOq Trtrwl rwnlR hw,D.he•pvlbn M 41 1, Fed,4.64 Pock APPIkr.w.de6w le Ae PIT el Soak. Taman C.16 Teo.w mos..Vetme 061-t02,11 .01.1.1 /�(` A.wd.ts.wrl 0.v.1).t.w..1Wr Y the%., Peal.1 M.w I O..aP...)..e.to Ca..h)5..title I WA ....1.Vs.. I Mt.fep.tb),.4 a Res...I.mwl M1wi/.fnw.Yeg mow w0a.erA'NVO...)r..lr\De,nx w 1d.c M ' 6rQM.NO d the nor...sr.let I.61.A-00: ITOP'S`40401w o .A w., 1W 6,m RQIC[ Ion 1.M V.loom"an. P. of secd PS P..11I. 1m %aiu. on madee.WA.ne 083-174 Pep.SC,Pe C.o. Tarrant OunIR iw.R MRC[ S Men.M,daq IM north IRe of.d.1.1 al. Sian rwl to w.es(f1,or VU.hap+Re.w WSJ-1aD iIL _ + d.4e1.E.)otl NM.eAlaw: l� MO II, I ,M.•.n I NSICC N 0110'00•l b,.Ow wet Ilw N ede PAN Chad neC� I �) O ' H Iel[.0)Iwl 1..e vl.m..I wtl Ps. -- I f '_i>j 6dR S Wine"L da.f N.OW.Rh.or tar Pavan 5 8819'00"E 432.80' T INK.0 nerG..e P.O.B. NM' owlois.2.60T Ass.f 1nd ose w few „IA... /dulls 43160 M1 to Gt Pohl M BeeM.y p _..•.. —'it Ol11lY GYfpN '—, I T.R•.•w..G,w r er �. m I t J _........._...a Ir d LOLA1'10N NAP .... i V Iw ,y;: ana ; ;�M sand • art w.1 PCP,w.r�..,.� ! - .004 LOG rGmue wa4 m rt • • t �� n. neat r MIT • . • . . w1 ell `�"�' .,gq,,O. �:'°r, .mew . G - ,..a 4a,w a a.e..� u,�,w.a..,. ,�Ar, T » i . ..Q TrR cats .................................................... I I 4 .w a \\ S 89.56.29-W 433.22' -. __ —..—. rrr�r ew.A.�mJ . wan. 1 t 1 mans ��_•va+.� I— ._..—. .—..— ._ la^ ^� CONCEPT PLAN 1 1 I !OR A I 1aZ.aw.-00 CS ZONING REQUEST — .—_ I famcr10 I L J LOT 1, BLOCK A-80 1 1 PECK ADDITION 1 ' I 2.832 ACRE TRACT W e•aw m.m Marnrr I I J I OUT or TEl L— LARKIN H. CHIYBRS SURVEY,ABSTRACT NO. 300 Art,MR w I EXISTING ZONING: 0-1 PROPOSED ZONING: CS • fN Ter CITY Or SOUTHLAEE TARRANT COUNTY, TEXAS 6C1/71C ATT1RJCT: R)AI JARIM O STAR'lICCOS AMC AMTS.1.Off an 5111 N.MIARTIVO CID. CILLEA,M yr-192. —6110 tr.)Tiaia3 e6er 3VAf3TORI 1RCArt1D NORMS STRnm COWAN?' r2SIDTCTLI0 r LSSOCURr.DIG ANCIATIASflTVII-ICINN=»r e00 ?NAST. AT.SCATS Are (00 CAIPI4N7 13 . RVAST.TWO MCI Tf0AST, LT TOM (ell).tie-0)0) 1=10.w—mrr(err)Ae0-47% IPmO eM-.." \020-012\PIONIE M MS/T1,61! '��/��\ •I Southlake Playground Initiative Leadership Southlake Class 1992-1993 Facilitator: Linda Bush Advocacy Group Members: Jane Cousins Tom Elgin Larry Flynn Kaye Joeston Kosse Maykus Diane Skipworth OUTLINE I.Introduction II.Playground Description III.Genesis of Playground - Leadership Southlake A. Articles of Incorporation B. Tax Exempt Status C. Bank Account - Seed Money IV.Conclusion V.Appendices 1. Leathers & Associates pamphlet 2. Articles of Incorporation - Southlake Community Playground, Inc. 3. I.R.S. Form 1023 - Application for Recognition of Exemption* 4. Lists* a. Homeowners' Associations b. Businesses within Southlake c. General Contractors registered with the City d. Developers with ongoing projects in the City • *Due to the length of these documents, they have not been included in this report but are available for review in the master report at City Hall. INTRODUCTION Each year the Leadership Southlake class participants perform an advocacy project for the citizens of the community. Discussions of potential advocacy projects started soon after the inception of the 1992-93 class. The numerous sessions of "brain-storming" produced many ideas ranging in scope from easily- implementable, small scale undertakings to larger, more esoteric endeavors. As the conversations progressed, two concepts evolved. At the suggestion of our facilitator, Linda Bush, the class elected to separate and pursue each of the two advocacy project concepts. Our group's advocacy project concept is the construction of a community-built playground for the children of Southlake, which we have named the "Southlake Playground Initiative." This idea was of interest to all and satisfied our three initial criteria. , • First, the project had to fulfill a verifiable need of the community. A citizen survey, performed in conjunction with the Parks, Recreation & Open Space Master Plan, revealed that "sixty-eight percent of those surveyed felt that the park and recreation facilities near their homes were inadequate." Also, the survey asked residents to prioritize the particular type of facilities desired. Playgrounds were ranked third, behind only hike & bike trails and nature areas & trials. Second, the "out-of-pocket" costs to the City of Southlake and its citizens should be minimal. One of the two primary expenses of a playground is land for the project site. Our proposed site for the playground is on existing, centrally-located, City property -- Bicentennial Park. The space demands for a playground would comfortably fit on the area adjacent to the entry and south of the main drive through Bicentennial Park. Use of this property would not incur any additional debt onto the City. The other major expense of the playground is the purchase and construction of the equipment. As will be discussed further in a later section of this document, the playground is built with labor performed by residents and other volunteers, and donated materials from area businesses and contractors. The playground will require that the City dedicate funding for some minor expenses. Most are temporary expenditures associated with construction such as electrical and water utility costs and first-aid station manned by paramedics. The only annually recurring expense is the maintenance of the playground. Since the playground will be constructed of high grade materials suitable to the outdoor environment, the maintenance costs will be for the grounds and should be minimal. And third, the project should evoke community spirit and cooperation, and its benefits should be lasting. As alluded to above, the specifics of the project will be elaborated further in the next section. The playground involves the , community as a whole as it progresses from design through construction and completion. Children and the schools become involved in the design process. Parents and other citizens coordinate and construct the playground. Businesses and contractors supply material, donations, and construction equipment and labor. Besides the obvious benefits for the children, the outcome of this effort is an enduring tribute to community spirit and cooperation. SOUTHLAKE PLAYGROUND PROJECT Southlake is a growing community with a large number of children and is rapidly becoming the future home of many more families. The demographics of Southlake's population point to a critical need for playground facilities. approach, The Southlake Playground Initiative", using the "Leathers" is an ideal method of fulfilling some of this need. Basically, the "Leathers" approach is a comprehensive effort from the whole community. The "Leathers" group designs the project using the input of City leaders and, most importantly, the children in our community. This process takes into account many factors. The site will determine many of the activities and layout of the playground. The size of the project is determined by the site, the playground's anticipated usage, and the budget established by the core committee. A playground of this type satisfies a community in many ways. It is a coming together, much like a "barn-raising" in days past. In today's fiscally conservative environment, this is one of the few major projects a community can complete without seeking substantial dollars. This project will only "cost" the city a piece of land and future maintenance. These playgrounds are built from the best materials and are built to last over the years with a minimal maintenance. The playgrounds are a maze of slides, castles, gangways, etc. They are fun adventures for our children. These are also a safe way for children to play. With a little effort from the citizens, a small contribution from the City, and a ton of ideas from our children, the groundwork is here to erect a needed and entertaining asset to Southlake. The park is constructed using donated materials and tools. The entire process is finely organized prior to the initial construction. During the construction Phase, the "Leathers" group sends three to five 1 carpenters that are very experienced and have participated in the construction of many of these Playgrounds. The labor for the project is provided by the community. It is truly a participatory-volunteer effort. GENESIS OF THE SOUTHLAKE COMMUNITY PLAYGROUND The outcome of our advocacy project group's efforts is the genesis of the Southlake Community Playground. Since the main tenet of the "Leathers" playgrounds is community involvement, we felt that to proceed further in the design and construction of the playground would be contradictory. However, we have created an organization to allow for the subsequent realization of the playground. The Organizational Entity One of the initial steps in the Project is the establishment of the organizational entity through which the activities of the participants are directed. We have taken this initial step with the incorporation of Southlake Community Playground, Inc., a Texas non-profit corporation established April 12, 1993. A copy of the Articles of Incorporation of Southlake Community Playground, Inc. is included herewith as Appendix 2. The initial directors of the corporation are members of our group who have agreed to spearhead the initial stages of the Project. An organizational meeting is planned to authorize basic corporate actions such as the appointment of officers, adoption of Bylaws, establishment of committees, and designation of a depository for corporate funds. The corporation has been formed for a single purpose -- to plan, organize, coordinate and construct a community playground for the children of Southlake. As a non-profit, charitable entity, it has no owners who may receive any private benefits from the activities of the corporation. It will be managed by a Board of Directors, consisting of from 5 to 7 members, 2 of whom shall be Project General Coordinators. The Board will establish the necessary committees to implement the various activities associated with the Project. It is anticipated that the corporation will be entitled to receive tax-deductible contributions of money, labor and materials, and to this end, the IRS Application for Tax-Exemption , a copy of which is attached hereto as Appendix 2, will be prepared and filed as soon as possible. Following the successful completion of the Project, any corporate funds or assets remaining will be dedicated and distributed to the City for use in maintenance and upkeep of the playground. Application for Recognition of Exemption We have provided the forms necessary to apply for tax exempt status under IRS regulations (Appendix 3). IRS forms 1023 and 8718 must be completed and filed with the IRS in order for donations from the public to be tax deductible as charitable contributions and for the organization to be exempt from income tax. In addition to filing these forms, a one time fee of approximately $375 will be due with the filing of these forms. Once the core committee has been formed and the organization is ready to receive funds, a Certified Public Accountant has agreed to prepare these forms and all necessary attachments at no charge to the Organization. The IRS estimates that the time required to prepare these forms is approximately 10 hours. "Seed" Money Donations are essential to getting the playground built. For this reason a bank account with some initial "seed" money has been established at Texas National Bank. Once the Southlake Community Playground, Inc. receives tax-exempt status further donations will be tax-deductible and hence easier to solicit. The funds in this account can be leveraged by pursuing matching government and corporate grants. CONCLUSION Our advocacy group's objective was to develop and present a plan for a project that would create both tangible and intangible benefits for our community. The design, development and construction of the playground provides a distinctive opportunity for the City of Southlake. We believe the Southlake Playground Initiative accomplishes our goals. It provides a "cause" around which the distinct segments of our community can rally to fulfill a recognized and deserving need. By involving the sometimes disparate citizen, education, and business interests into a common effort, it fosters a sense of cooperative spirit and unity. Children are able to participate in the process of transformation of ideas and goals into a tangible conclusion. Through the community's volunteerism and "sweat equity", a public playground, for which similar existing facilities are insufficient, can be provided at minimal monetary expense to the City. The results of such cooperative effort - an attractive, well-built playground - will be a useful and lasting community asset in which we can all take pride for many years to come. r i d .: .c. q + v r‘\ti �f�xq V.::. ' ,�,.. Elie ,Sthte of ?ff exa erretttry of tit CERTIFICATE OF INCORPORATION OF • SOUTHLAKE COMMUNITY PLAYGROUND, INC. CHARTER NUMBER 01266962 THE UNDERSIGNED, AS SECRETARY OF STATE OF THE STATE OF TEXAS, • . HEREBY CERTIFIES THAT THE ATTACHED ARTICLES OF INCORPORATION FOR THE ABOVE NAMED CORPORATION HAVE BEEN RECEIVED IN THIS OFFICE AND ARE FOUND TO CONFORM TO LAW. ACCORDINGLY, THE UNDERSIGNED, AS SECRETARY OF STATE, AND BY VIRTUE OF THE AUTHORITY VESTED IN THE SECRETARY BY LAW, HEREBY ISSUES THIS r ' CERTIFICATE OF INCORPORATION. i ISSUANCE OF THIS CERTIFICATE OF INCORPORATION DOES NOT AUTHORIZE THE USE OF A CORPORATE NAME .IN THIS STATE IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER THE FEDERAL TRADEMARK ACT OF 1946, THE TEXAS TRADEMARK LAW, THE ASSUMEC BUSINESS OR PROFESSIONAL NAME ACT OR THE COMMON LAW. . DATED APR. 12, 1993 • ' /C;Y,I: ''Th —''''' *** p i ... _-..„4, r,s y11v�1 z . C6ann \-4( ,91\ -ki;ic-4,pc ceo! 'is. ,v.` •N .�.e . Secretary of State • • • In theFIL OfficeED of the ARTICLES OF INCORPORATION Secretary of State of Texas OF APR 1 2 1993 SOUTHLAKE COMMUNITY PLAYGROUND, INC. Corporations Sect,o We, the undersigned natural persons, being of the age of eighteen (18) years or more, acting as incorporators of a non-profit corporation under the Texas Non-profit Corporation Act, do hereby adopt the following Articles of Incorporation for such CORPORATION. ARTICLE I The name of the CORPORATION is SOUTHLAKE COMMUNITY PLAYGROUND, INC. ARTICLE II The CORPORATION is a non-profit corporation. Upon dissolution, all of the CORPORATION's assets shall be distributed to a state or local government or to an organization exempt from taxes under Internal Revenue Code Section 501(c)(3) for one or more purposes that are exempt under the Texas franchise tax. ARTICLE III -- The CORPORATION Shah continue in existence until the purposes stated in these Articles° of Incorporation have been accomplished. The period of duration shall be perpetual . ARTICLE IV The purposes for which the CORPORATION is organized are to perform charitable and educational activities within the meaning of Internal Revenue Code Section 501(c)(3) and Texas Tax Code Section 11.18(c)(1). Specifically, the CORPORATION is organized is to plan, organize, develop and construct, for the benefit of the public, a community playground in Southlake, Texas, and to engage in all lawful acts and activities in furtherance thereof. ARTICLE V The CORPORATION shall have no members. Page 1 ARTICLE VI The CORPORATION shall not pay dividends or other corporate income to its directors or officers or otherwise accrue distributable profits or permit the realization of private gain. The CORPORATION shall have no power to take any action prohibited by the Texas Non-profit Corporation Act. The CORPORATION shall not have the power to engage in any activities, except to an insubstantial degree, that are not in furtherance of the purposes set forth above. The CORPORATION shall have no power to take any action that would be inconsistent with the requirements for a tax exemption under Internal Revenue Code section 501(c)(3) and related regulations, rulings and procedures. The CORPORATION shall have no power to take any action that would be inconsistent with the requirements for receiving tax deductible charitable contributions under Internal Revenue Code Section 170(c)(2) and related regulations, rulings and procedures. ARTICLE VII Except as may be otherwise prohibited by applicable law, any contract or other transaction between the CORPORATION and one or more of its directors, or between the CORPORATION and any firm of which one or more of its directors are members or employees, or in which they are interested, or between the CORPORATION and any corporation or association of which one or more of its directors are shareholders, members, directors, officers, or employees, or in which they are interested, shall be valid for all purposes, notwithstanding the presence of the director or directors at the meeting of the Board of Directors of the CORPORATION that acts upon, or in reference to, the contract or transaction, and notwithstanding his or their participation in the action, if the facts of such interest shall be disclosed or known to the Board- of-Directors and the Board of Directors shall, nevertheless, authorize or ratify the contractor transaction, the interested director or directors to be counted in determining whether a quorum is present and to be entitled to vote on such authorization or ratification. This Article shall not be construed to invalidate any contract or other transaction that would otherwise be valid under the common and statutory law applicable to it. ARTICLE VIII To the fullest extent permitted by applicable law, no director of the CORPORATION shall be liable to the CORPORATION or its members for monetary damages for an act or omission in such director's capacity as a director of the CORPORATION, except to the extent that otherwise provided by a statute of the State of Texas. Any repeal or amendment of this Article shall be prospective only, and shall not adversely affect any limitation on the personal liability of a director of the CORPORATION existing at the time of such repeal or. amendment. In addition to the circumstances in which a director of the CORPORATION is not personally liable as set forth in the foregoing provisions of this Article VIII, a director shall not be liable to the fullest extent permitted by any amendment to the Texas Miscellaneous Corporation Laws Act, Page 2 • the Texas Non-profit Corporation Act or the Texas Business Corporation Act hereafter enacted that further limits the liability of a director. ARTICLE IX No person shall be liable to the CORPORATION for any loss or damage suffered by it on account of any action taken or omitted to be taken by him as a director, officer or employee of the CORPORATION in good faith, if, in the exercise of ordinary care, this person: a. Relied upon financial statements of the CORPORATION represented to him to be correct by the President or the officer of the CORPORATION having charge of its books of account, or stated in a written report by an independent public or certified public accountant or firm of such accountants fairly to reflect the financial condition of the CORPORATION; or considered the assets to be of their book value; or b. Relied upon the written opinion of an attorney for the CORPORATION. ARTICLE X The street address of its initial registered office and the name of its initial registered agent at such address are: Registered Office: 211 W. Franklin Street Grapevine, Texas 76051 . . .. Registered Agent: :w.;.. z c Larryy D. Flynn ARTICLE XI The number of Directors constituting the initial Board of Directors is four (4), and the names and addresses of the persons who are to serve as Directors until their successors are elected and qualified are: Name Address L. Diane Skipworth 233 E. College • Grapevine, Texas 76051 Kosse Kyle Maykus P.O. Box 92-747 Southlake, Texas 76092 Page 3 Kaye N. Joeston 1339 Ten Bar Trail Southlake, Texas 76092 Larry D. Flynn 211 W. Franklin St,cet - Grapevine, Texas 76051 ARTICLE XI The names and addresses of the Incorporators are: Name Address Kosse Kyle Maykus P.O. Box 92-747 Southlake, Texas 76092 Larry D. Flynn 211 W. Franklin Street Grapevine, Texas 76051 IN WITNESS WHEREOF, we have hereunto set our hands on this the 7fi day of i 0.,A,a, , 1993. .:.. .:..... . ..K O.SE K : b f .111 • iii, la r 1 A_. , il.14 1 LA7 'Y D. FLY o N fotme\cp\utick2.non t S Page 4 1 . 43. CITY OF SOUTHLAKE, TE c• • ORDINANCE NO. 480-8 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 00 ACRE TRACT OF LAND OUT OF THE ) O >�N':>Uli�vCHon5 <01•E. .....AS. RA AND:;:MORE :FULLY-ANb...COMPLETELY DESCRIBED IN EXHIBIT A FROM maggiiimenegig TO "C..,.x'.;:;:: ommottmgoomm SUBJECT TO THE` SPE•CI•FIC 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 t VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING �f FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING / AN EFFECTIVE DATE. . - City of Southlak- - _ is �home le City acting under its Charter a.opted 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 'tO= '# Y ComprehensiveZoningi < under the City' s s Ordinance and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise • producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parkingr' and off-street loading 480.85/ORD/kb v - x Page 1 o C� uy 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, 198.9, 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: Bei.ng...approximately a. _8. acre tract of land out of the .ii::i::L:i•j: t ::�i'� iiii:;:v:^:,..♦ .::.i:.i::::::..!!:' '�':::i:i:.�i:::i� arx x::;::H::x>:::t � ve.r :;.;:S:u:rv.:e:.:;::.;:.;Abs.::.::.:..::..:.:::::. :::::.>::;: :. .: ;>':iii .<.: :.:.;:.:.:: .::.;'.:;:.;:.;:::.: Block><A: O, and more fully and completely described in ExF b t..."A, " attached hereto and incorporated herein. .: .....:.........::...:.......... From >!►'>:`: >;:i?!#€ '::><.:;.:.<ic:. -:>::: ::�� >::;::: '::>"::::;.::i ffig.:::: >';..::::>:::.: ....::.:: ;:`:>:.::e • 480.85/ORD/kb —9 Page 2 C� he ,06ii4 c escabed t 'aa .:..:© ..;.. a c shad l be £ g , ,om sub ep .tc O:.:.:.:.:.:.:. �.e....�:�. :�e�xt. �4. ....:�..at.�.o:�.s..::0e:�..:�or:�.h.:::�.�.::t :::::::��arlm��::�;�;::<::>:g;exva:;c D: :s:t:rio:t::s€:a li>;<:ot:her><:=r:eat>r: t: m44a>::t : : : of i ts<::<gse:t:<::>f r: w:dn the0.1.4'gapptovedmootweptuplaumllotewiTo,4UtaohOd>x: 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 . 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. ry480 , as amended, or any other 480.85/ORD/kb �[ — CJ Page 3 U y 1 ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9 . The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with ,a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. Section 10 . This ordinance shall be in full force and effect from and after its passage and publication as required by law, and .it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1993 . ATTEST: MAYOR CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1993 . ATTEST: MAYOR CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: 480.85/0R0/kb o-•-f/ Page 4 U P City of Southlake,Texas MEMORANDUM April 13, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-13 Plat Revision REQUESTED ACTION: Plat Revision of Lot 2, Block 1, Amaya Addition, being revised to Lots 2R-1 and 2R-2, Block 1, Amaya Addition. LOCATION: 100-Block of E. Dove, East of N. White Chapel Blvd. OWNER/APPLICANT: Beverly Chegwidden CURRENT ZONING: "SF-1" Single Family Residential LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: The owner seeks to subdivide the 2 .31 acre tract into two (2) lots, each being approximately 1.15 acres. NO. NOTICES SENT: Six (6) RESPONSES: Two (2) written responses, both in favor; Robert L. McPherson, 160 E. Dove and Douglas P. Nitsch, 2135 N. White Chapel Blvd. W. R. Flanagan, 265 E. Dove Road, being Lot 3, Amaya Addition, spoke during the public hearing and expressed concern about his property values because the City now requires a minimum home size of 2,000 sq. ft. in the "SF-1A" district when previously the deed restrictions for the addition required less. P & Z ACTION: April 8, 1993; Approved (5-0) subject to the Plat Review Summary dated April 2, 1993 . STAFF COMMENTS: Attached please find the second Plat Review Summary dated April 15, 1993 . KPG/gj C:\CD\KAREN\MEMO\ZA93-13.MEM B-I • )11 " mu Amon mina IUUIIIIIIIIIIIIIIninin I \ — 'i ' J 11,'/ J. WIZ' I ' =.—i=13. 111.F.zi== mil .,,-•-,- .. sa sG'�l as`iiL L 'Ali 11 . �! MILLS 11;' a 11111 1 I s ■11�111111111illllllll=1111 ;;, 111!.a1u1111r nuuul nm il'. . p IR.111111111 III 111111 j '`�. 'Y ,;.;;''�; ' ' I S W42111111 DAbID DCU1T IT r or, s A r ■1111\., >�.�• �� _I s• p*i n ini k DENTON _..- ©.��� ' ■wl ll�llll� "1 i %'�' I +� �i9"Am., TARRANT _ fR9. 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C 1IVI C�a IA �( b C as I ", '' '` ice u �Sr•9 tI. °' TRACT LOCATION .> > 4-41. I 4C1A b CI IC I OA' IONNSON s I i3 II�T7TAR o I •ill S mil _ Mh1=11111 DDR'D" l eL�''� 6- PO TI9O '...r A N i��`�* .. iI_ A c Ila aAa , IA WI MK LA'yll.a ' M ® + N /1��� IA J l nc lit aAl ; w' aft -AIL i �4 Y M:= • ,itg° Ic6 'ARROL w �`_� -I g A f GO [J'J� I IA 8 CJ„'" `� 3C OOL ;k ,A, yla W y MIa --�-i �/ I tau 11 yl- .a I y ID 'I'~,,,•. I >A a,u 1111. IDS MU C2 Iq .v 1 I i 7 Dl'i .oE\, ,,.., suft .._ I A-3 so i 1 1D1 TR 1F • 03 AC t R. MCPHERSON 32 . 231@ "SF-1" ! 1J1 . TR 1J 1 .75 AC 1A / DOVE CHAPEL,J.V. oper,.. // "SF-1" I F-1" E.ROSS W. FLANAGAN 4 (.D D. MULLIKIN "SF-1" "SF-1" O "SF1" • m 2 3A 38 I 18 W Q. Q 2 / . V D.P. NITSCH ill ��''1- "AG" IH 2 3 _ �. CC Z • TR 1A1 ADJACENT OWNERS & ZONING 1 1 • 1 . , 813--3 TR 1A2 /R1 City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 93-13 REVIEW NO: TWO DATE OF REVIEW: 4/15/93 PROJECT NAME : Plat Revision - Amaya Addition - Lot 2R-1 & 2R-2 OWNER/APPLICANT: ENGINEER/SURVEYOR: Beverly Chegwidden Loyd Bransom Surveyors, Inc . 919 Ravenswood Drive 1028 N. Sylvania Grapevine, Texas 76051 Fort Worth, Texas 76111 PHONE: (917) 481-3069 PHONE: (817) 834-3477 FAX: FAX: (817) 831-9818 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/13/93 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 . Change the lot designation from 2-A & 2-B to lot 2R-1 & 2R-2 in the owner' s dedication. 2 . Label the existing R.O.W. as East Dove Street . 3 . Add the avigation easement and release statement as per Appendix 3 of the subdivision ordinance . * Original signatures and seals will be required on each blackline mylar prior to filing the plat . Also required are two sets of owner' s dedications and notaries (8 . 5" x 11" or 14" paper) with original signatures on each. cc: Beverly Chegwidden Loyd Bransom Surveyors, Inc . C:\GLORIA\WPFILES\PLANNER\PLAT93.13 a- y • V.2067 P.33 • 02 MO er LOT DOVE ROAD -013.V.wrvcn A-730 L4111.. P.M, III DC CITY Cr 1.n.a .m:R ""r.'.cr"raia,17,a E v "'•Ti..lrm�i COOP,1 IAPPIN N.wnas.-0n ��i Mun,IC.I.A..r®rmlp A.rnad.T••AR�• R.0.044 AT AA raln v cP1e44I146Th II 691013e'E-266.07 '410. AA"®RIM RI. ®� s r cri I.i WI 1- Ut7, . AI.SAO AAA.A• LA, ...P...�.. MT uo. u3.m i0 •le PI.Na.T®e ACTT 30.44 MIT m•.DIM TIP TO A4 104 PIP >s eE Ao eL " EL - DUCT AMR ill .44 AlAUTIN..DEP.PUT ..MIT m NC RIM or .TP NAIIG AA.m•r M iii�u0 Cr LA..PM IP vs. NOV M.13,12C MN b RPM P-TPAr I.T MS•PLAT.w , DC.4.CIC DC MCP CL®Ai�Ir o PLAL 140,1.n'AS C on T-. LOT OR LOT 2R-2 .Or 3-A LITT S-S M IT 311/MAKC. CASO.C.S.IRMO MAMA.Mt olimim m POOR DiIST•c SC�r~ I IS Macs VIM.a.IMP AI'mu.,CAm.VMS ONP_ v TS7 L.AOI[3 T c.lhoa AAA.AMC. e V. r •vm19AT rrrtAA10E+RCA, `eD. Mt aw2,1 "Pet. • A a I ..T.C.T.. c RR Cn oz,W.'ma ICIRLD/.�DMI r.TIDC A. m01$.w I Awl LEAL Cr o•teDE Os Pm lc r—err TTT DCrc MC"I.isT. = Imr.APa1e a 8 8 A. LOT I-P BLOCK 1 CP • ' i • - mu, Ivn True• - _I_ J v L • Pt69vlq'• I-2680e • • 100111.00.04 AI ,/NORTH . SCALE. I' .501 • ‘ PLAT REVISION tie i LOTS BOCK 1 2R-2 • \ glir.5.5, I 1 AMAYA ADDITION j AN ADDITION TO THE CITY OF SOU THLAKE, iLl) I/%.� _^art TARRANT COUNTY. TEXAS riot A eCvi21m LLr[.hA](I.ANATA AODI TION, AOOIrCC 0 rK CITY S LUTTE. II BAQP4ur CWITV. i[7AS.AC[OI011G r0 Mr KCOESCO 1A VgrE. 308-1.8. • E oPPo.cn er me Off cwNa. PACE s7,n,Ar.cn. rARP.rIT caPlrT.Tcz.s OA rt. ALSO 11E1.A 2 31 ACA(TeACT CP LAND OUT Dr DC NaPfY YM r LAPPIN N.Ca`'S SFST.A.STPKT AO.300. i=.2R. TEEMS NM609 T1OKY FAVD,APCII 3-20-93 SURVEYOR: SECRETARY 11.115 PLAT FILED N CABINET_SLIDE_DATE OWNER: LOYO BRANSOU SURVEYORS.INC APPPOMT IV,PE nas 13 TO CLAW!+IAT L,.an e-.avt AL.A.TCSToem BEVERLY CHECAIOOEN CHARLES B.HOOKS.JR.RPLS PLANNING 0810 ZONING CCuu159Q1 nw613966661.LIAO MD,.PI n(SN tC µ Bow A�rNc 919 RA VENS'A000 DR. 1026 N.SVLVANIA OAT[•__ RATTED66.0 me AAA LOT P66•I1 Aw POND or GRAPEVINE.TX 76051 ET.WORTH.TX.26111 OAK 33.11.PC P404e741.T RAMO O 0 a0uu. •517).51-3069 517)834-3977 wuraAN • SECRETARY 11...A3 IARLn a 0.00.t a CAM ec0330Ar04.d OAP 93-.76 City of Southlake,Texas MEMORANDUM April 13, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-14 Revised Preliminary Plat REQUESTED ACTION: Revised Preliminary Plat of Oakwood Estates, Phase II for 20.416 acres situated in the R.D. Price Survey, Abstract No. 1003 and the H.A. Throop Survey, Abstract No. 1273, being revised to include Block 2, Lot 1 and Block 1, Lots 9 through 22. LOCATION: Southeast of Indian Creek Addition on Bob Jones Road, East of White Chapel Blvd. OWNER/APPLICANT: Tim Fleet d\b\a VLMC, Inc. CURRENT ZONING: "SF-1A" Single Family-1A Residential LAND USE CATEGORY: Medium Density Residential BACKGROUND INFO: The developer proposes fifteen (15) single family lots. NO. NOTICES SENT: Eight (8) RESPONSES: None P & Z ACTION: April 8, 1993; Approved (5-0-1) subject to the Staff Review Summary dated April 2, 1993, recommending that Medlin Road's R.O.W. be reduced from a 70' R.O.W. to a 60' R.O.W. STAFF COMMENTS: Should this recommendation be approved by the City Council, it would necessitate an amendment to the City's Thoroughfare Plan, showing Medlin Road from Bob Jones Road to the East as a 60' R.O.W. Attached please find the second Plat Review Summary dated �Qf� April 15, 1993 . !uJ dfr KPG/gj ; C:\CD\KAREN\MEMO\ZA93-14.MEM Sc,- ' ' ALL • WILLIAM PHILLIPS SURVEY A/SIRACI NUMRIR 1017 1 1 ..I I 8 071 „y I I ti r_ a7 = CNU ENGINEERS i CORDSs of Of ENGINEERS i. Phase I i : at i.is "AG" V -1 I iNM11'1 IM 11 1 / 1 I W I— 11)i LAI I 1. / TR 3 1 1. Ic t. 1 1 Phase I I ,, ase II ` a. SS`,I i •1 I E a.3110>• )RAN' I - A' .Z 1 M.NOLAN A.WILLOUGHBY L.YOUNGI "AG" "AG" "AG" • R.PRICE SURVEY A-1003 1 Y NI1 TR Z TR a TR 10 TR 16 "AG" W.TUCKER 11.e5 SAC 1 AC iP ESPO •TR 1. AlI —C. BO"pNNON • "A Z _• R T 15 TR 2 I .1 ADJACENT OWNERS &. ZONING City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO : ZA 93-14 REVIEW NO : TWO DATE OF REVIEW: 4/15/93 PROJECT NAME : Revised Preliminary Plat - Oakwood Estates - Phase II OWNER/APPLICANT: ENGINEER/SURVEYOR: V.L.M. C. Inc . G.D. I . & Associates, Inc . 2424 Rogers 555 Republic Drive Fort Worth, Texas 76109 Suite 201 Plano, Texas 75074 PHONE: (817) 429-1617 PHONE : (214) 881-0369 FAX: FAX: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/13/93 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 . Provide the name of record owner, deed record volume & page, and existing zoning for all adjacent unplatted tracts within 200 feet, including those across any adjacent R.O.W. 2 . The plat reference on Phase One should be Phase I , Cabinet I, Page 210 . 3 . The Thoroughfare Plan recommends a 70' R.O.W. for Walnut Drive . Staff has reconsidered the need for a 70' R.O.W. (48 ' four lane undivided road) from Bob Jones Road to the future park area and feel that the 60 ' R.O.W. (37' three lane road) as submitted would be adequate for this roadway. The Thoroughfare Plan notes that the 60' R.O.W. would carry a capacity of 8, 000 vehicles per day. Approval as submitted would mean that council is recommending a change to the Thoroughfare Plan for this road from 70' R.O.W. to 60 ' R.O.W. from Bob Jones Road to the Corps of Engineer property to the east . * Although some lot lines are not perpendicular or radial to the R.O.W. , they appear to meet the intent of this requirement . * No driveway access across C.O.E . property to Bob Jones Road will be allowed for any of the lots in Phase II . * Additional off-site R.O.W. for the southerly extension of Walnut Drive or temporary pavement in Lot 1, Block 3 will be required to allow sufficient turning movements onto the cul-de-sac . *. The subdivision ordinance recommends a maximum length of 1000 ' on a cul-de-sac, but allows mitigating conditions to vary these requirements . Staff feels that the topography and configuration of the tract, proposed lot size greater than 1 acre, and number of lots (14 indicated) supports the length as shown. cc : V. L. M. C. Inc . G. D. I . & Associates, Inc . C:\GLCRIA\WPFILES\PLANNER\PLAT93.14 / raln Kort 0150131•r104 Revised Preliminary Plat • a •la•1 _.... . w ,.. . I OAK WOOD ESTATES - PHASE II ow m�N aaia i3ooere I�yc 1� 11 "D,•'`...,.'.. ";,.... "'^" _ Fort Worth,Texas 78109 - n ® ,a,r..-. 20.4M Acres(Zoned SF—tA) (en)42a fen — _ WI.1 ,a.Matt -,i ,I.neo. i...,.r.r.•• N I .w. . ..+.I ,n.,..n" fact Price Strvey Abstract No. 1003 Engineer E3D1 and Aeeoclates,Inc. __ , .'..^ D„r 1.+..r....r 11 .Iw HA.Throoro Survey,Abstract No.1273 Pla e.Texac Drove sotto ern _ I .." " Plane. exee 75074 x ra_e I a of (214)88f 0388 ; r ..i i..'," •w� C1ty Sot/Wake s tlA r 1 U .• . .�` w M- a rr a Denton Canty, Texas .I. w 1.. M '-I - _. a.o 1Nau K•1 e,r 1••w.•.I 101.rr o,•InW.,..l.w lao-... March 1093 • - 777 sue D.rnlr:[ MIKE K vv,r 1•ow.••nl n r...•rn w...,..1.4 I.w w.. W.+ mutt r+..M won r.w Gar.1ww,..r.• WOW In, IOW.• ----I333 VICINITY MAP 1 DDl rr I...rw.r Il.a rr..-........•...(0-,1 Iwo•.- .M1 IKON t r300•.01 Ili •141411.1.•.....r IN PO,r......r mww 1D-•)rw r.-.�. MO meowmoos.]. Ott CO.,CA vIM.01.It.f Ia11M.1.ILL. K•I,.•r I.ww..ro•r•r....•w..f.....a I0-11 rw r....+ C...w mow -- 1...1r I...........IN.,rr.•rw rr.w ID-II..•.w.. .oars L.•ur I'1`[ •r„,.. 1.0 vY 504AA.1 .r i.e. M woe 1./I.r....wr row..r rodt1•1•.....n W. ,Aw uY (M /If 1 CrrrtlS Mo33 op9 Y' •r•.r.r I..,••••woo t,w 10•,1•..ar of1� ) rol,/.ot)rs AAMA. ,r_a,/.v W.`... II AO./AUI,K1s9.nu II-. I, I, 111 10•r• Mimi. owls'1••......r 111 *K.•0... �._.. 1 l la II 1a vn,n umu., BOB JONES ROAD WIWAM/HIWPS SURVEY ABSTRACT NUMBER 1017 I CA60.•A¢1N" �`- - -- ' rvNtwLD.. ( !1 omC.m, II �) Pe.CA3,0t MAMA r f r 2.433e 2/1. a, ''' 6'4 3/' S 2 1 = I 8x GRAPEVINE RESERVOIR / ... ' ' /� �' />>M.rA¢Nnrrr col AF g CORPS Or ENGINEERS S, _ u�Irt1 At; �u( ' ,co " ```�`�`` C.D.II I. llD I JR SIC' 11 ``.�// �' •1 E Eclat `nrt ACT Is Mort wwrta BLOC'I• , 1 =l 1j 1.111•02102 AT a. ''POINT Of 11EOINNINO \ _- I-- 1-1 a, -'c u1.13- --- j 1 'J r\�' ,+ 'j'-flO.a_--- -_313.°_-- -I.0.0-J I IMG.'if1 11.1 �� --y j / 7 3" I _ r>'p•.w.aNlvn[at /l IDA_ - - 1111 „ 1 II / 1 BLOCK'1. • I I_ I I n /./ /11 , II K5 .,run la. s�D`_- 10 51 J /f / IO 12 13 it I41 fi 17 \\, Wye NJONES. . ROAD nl ✓_ ( ` e �// .D.,.n,D u.l__-- _ :•��, iJ1C.RAL__�'" ' \\��\ ` glk„ V. • 1117 •OCK iTT219' Lu- Mal �1--0.D1_ \ xY51'STT 2121.E _ rA Cr• _,D1 D 100 Aorta NNr 10'M.o.WO., I • I \\\\ ura D%INKt .nut•,..•a u.lames" ours.wirers K.,�•Mua I u.C1, \1( 11 .IC,ri1'S w.1D lw.c .c WON moo noon• n.c.to n.cl r• \ u 1 trig-If[ 111 toM Y \ I 0 Y CI ..c 4,a ..P.a 0*40 I I 11117 tilt?1 UaAWNI '''' M.00 lo.a w ?J City of South lake,Texas MEMORANDUM April 13, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-15 Concept Plan Approval REQUESTED ACTION: Concept Plan for Diamond Center, an office/retail center, being Block 2, Lot 12, Diamond Circle Estates, approximately 0 .92 acres in the W.W. Hall Survey, Abstract No. 667. LOCATION: Northeast corner of Diamond Blvd. and East Southlake Blvd OWNER/APPLICANT: Buford Harrison CURRENT ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Seven (7) RESPONSES: One (1) written response: David Shaw, 921 Emerald Blvd, being Block 3, Lot 4, Diamond Circle Estates, opposed to retail activities generating traffic congestion; increasing the chances of crime; and being too close to the homes and children. P & Z ACTION: April 8, 1993; Approved (6-0) Plan "A" which showed a 7,969 sq. ft. building with no bufferyard along the North due to the existing masonry wall. The approval was subject to the Plan Review Summary dated April 2, 1993, eliminating the 'F1' bufferyard along the North addressed in item #3 . STAFF COMMENTS: Attached please find the second Plan Review Summary dated April 15, 1993 . KPG/gkj C:\CD\KAREN\MEMO\ZA93-15.MEM r III lni= MI����1 . W 1 p ` .n f 9J �, s1 a 31 i `� f _' [J`NST , (TAGS D. .-' , •',�� /,p 1 Ak 1aa to ,u—.' t *3 JOHNSON >nl MI AD ,. ni isemor.:2 ADU►I. 60 ppI{IO B 140 MP. LA IIIIM 111 1,14, 4 41t YN 4 M41 MIi 11 M fCl 1 , 1.I 11 I �QOt 1 IC (!�ibplf�V itl.7I mt I— I% ., A ' 5.W j f I?' IIJEL =: f'u'"1W_Illy`rjt Q-_ °\N' Y' 6CJI TC):4;1 I O "' ,.,,,� ,�, I g0llf �r CZ 14 V sc�.00L 14 1 , 103 MS I py� tm CIA W W M WO IA I II!��5� I _ n' IC t1f 11 41 _ �11 I'',11„ :,V*A _IL .la•1 XI `f1 Ygf�y1L"_ n w 1 �/7741 _ ,ro 1��1 -monsr , Li. maio �.�. HALL t.w ,jai,�`4111 h.. I /�.� sCHAR ._..t ...Al -----. 1113 * I MU**nogg -- .........42. A, tIOW filial- — almoul ter..mu"1"1"al ���I ,, Atlig.AM wigoitwimismi Hip w—orroitive,,, . , Melilla °116 uArill C f,1 x 11 MA • f-...XI MI 111111e=3/ I s• MEI\ 'a 151 0 womrai•Aird* '■��y11, rills = ; x a wi►lgo ,�:.. Lid _ . XI' 1�) A MAIM"as © 1 ` & � �__ ' 1p If ' .'.,,,-..0 9 f - - _ 'r1- 1 1 Y ,'' '', Y]A 1 x ,� K O 7a 11141110VAMI f WV i 744E%,,, iiiiiklb*B 14 41111101,40. r itocti i M I,r1a. ►il� ;Y Liii UM'II. Wtr'ill 1,,- ,mm ivq,„1,ft,..,-A.: INV ,..11.. 011....reA 3 If 4 ! • wirill��A ,�; a " W �igj r_l■ H �• .J 4rit, III I:I.1.&I ¢a+'.-,.DI$I_hF, x fOa xi . 2C1 • AMIIIIINIP1 p 7 ' 1, S , ADp'N 7 f _A X laf ' q1 x :ri,IT/ W IIII R1 .J. HYDE Icii 1}{Jr NI* ut l 4 1 nc1, 1 3 1 IA TRACT LOCATION MAP �li i K as* I Irim4. .a . .. L1 x XI i1 = In ,a I t'to Lis oP ii4P.11, ad prilLO Arrii OW kit ltit iii,et . ir. i HALL MEDLIM HOLL1HGZWO TH • itz 014 IV • 1 'I RI MAR an IK J N " ®®CSC `I �•����� t vort '♦ \ ._... --. v l2 •-" 11 I 10 O > J GO 9 O Z O Z Q 6 5 4 0 10 H. LIAO "SF-20A" 3 . Ill H. HOLMES J.STEVENSON "SF-1" - ' 1 "0-1" "0-1" lA N 2A N N n -1.. TR 3E 3A 2 • "c-i" AC —40 28 T 38 _ / 160 f 1 ( f 164 35/71 ..1.! rnz ITR . 3E1 / . 205 @ - - SOUTHLAKE BLVD STATE OF TEXAS — — — - 1A1/ I 1B1 23<.73TR 5D2A _ 1C1 :sc.% — , . _ 2 A 1' \ 2 . 067 @ . 0 BEAR CREEK COMMUNITIES "R-PUD" "AGE. 1 I N PI)ce TR 5 2 c G 4 . 48 AC 1.1' fl r s ADJACENT OWNERS & ZONING h--,3 r,a25 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 93-15 REVIEW NO: TWO DATE OF REVIEW: 4/15/93 PROJECT NAME : Concept Plan for Diamond Center-F.M. 1709 & Diamond Blvd. Block 2 , Lot 12, Diamond Circle Estates OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Buford Harrison Calvert & Co. /Architects, Inc . 1005 W. 3rd Street 1301 Elm Street # 103 Carrollton, Texas 75006 Carrollton, Texas 75006 PHONE: (214) 242-2822 PHONE : (214) 441-0493 FAX: FAX: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 4/12/93 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 . Label the north adjacent property with the plat record and correct the lot to be "11" . Label both adjacent properties and this site with the zoning. Label the land use designation (L.U.D. = for this site and delete 'LUD = Low Intensity Commercial' on the east . 2 . Bufferyard ' F1' is required along the north property line . * No review of the landscaping is intended with this Concept Plan. Landscape and irrigation plans meeting the requirements of Ord. 544 will be required prior to the issuance of a building permit . * Please be advised that new structures in the "C-2 " district must be constructed of at least 80% masonry product or glass to comply with the Masonry Ordinance No. 557 . * 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 : Buford Harrison Calvert & Co. /Architects, Inc . C:\GLORIA\WPFILES\PLANNER\PLAN93.15 5D-- 14 C II a WM.F.HALL mre nn Rare 0n.m• .alertw wmeJr mmar0..i 0 SURVEY A 695 ., 1-1-k 4 CJ 7 I '�� ,- I -' I / O�/O M.IY.HALL r ... ,. �...•.. Y.uA1wl�p��srn la_y MI z. nR wi` R EY A-6B7 E on ptHS If 1 SESr 1.=,�': Imo',`• _ SDI I t _ • • ._-•�_-_—_. , pM0p0 EB�o�Y 3 -.I z 1� uT II ,�1►�:,54 F. • 2. A. • G J� i :1�a te\_kIcTh1 • zoX< o ! Cr i. 12 ° I-I I �.T LOCATION PLAN VICINITY PLAN ° "1 t 6 ' 'r I - .I , .1 120B..). I .._\ ' Ai ^ .,n� NET Fo No.REAR 4 0.054 w,, li �! 'f�i rct°' .a.n. 4 1 ` LANDSCAPE YARDS•S: S,0"S sO.Fn SFIA' I I I� ` O O O� mt'rtltl�`[YlNlu INTERIOR: pF�I0C.001r: R']ae SO.A. — -- _ ! t I t I;;11 O I .•[•rr Ir0 TOTAL: ..SOS SO.FT.121%) O C r . ` tl 11 'I� l C •r` _ REWIRED: SPACES .xs�_, I t•J _®r,� ) ;r' I e e9 9.1 zm.m• 15 a0 tdter O FIR rnvw0 aava0v10ED: •J S.aO[S — : ",'_Y _• Y '' _• . 'ro,m, u.RtuL • -. �i I . C , S 4, ....{,, n nunc TM MOM11 NKr '.,-. YTF I O.(NSA EARL .1I .IC •CZ'8°-':V i" SR` g:� �- :is—w ��� . -r— o: s,ew •.• • OY al i 1 12 NUN ---- - ... - - L — 0 _ Cz o,•It'e,;"--I I I' ' Wye dot YS e0 100 • �, 1 I FUD 4 zoo go cona. FM 1709 °F.:.•w-.Ora t,r. �T 1 '„ . T'IP'__=.a-N0.1 'L>IN7�a SITE PLAN T._20. • ZONING PLAN �� . ..p h'�.4 ." TETT— Ia1, 41010 t 0 n� m $ . immu o SOUTH ELEVATION o - tf d -o Z. m F4 v O p AZ O O I^ravE Yetn, SORER °MIMFfe DR/CAO aae1150R v •.a>ff rrc rur rta¢vr.m ST m,m,reuu. MS V Ie0 tt EFRIOLL/DS Il AA, 75006 0 f=rl nw.Os ^.vF.ITm. „lai S+t Sett CONCEPT PLAN FOR DIAMOND CENTER 'NW FN 1709 E 01800N0 BLUR. ` SOUTHLRKE, TARRANT COUNTY, TEXAS of 0 City of Southlake, Texas MEMORANDUM April 13 , 1993 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Subdivision Ordinance No. 483-B Revisions to the Plat processing During the 1992 June retreat, at the request of Councilmember O'Brien, staff prepared a memo outlining potential ordinance revisions which would reduce the City Council agenda items as well as the work load of staff. We feel these changes will be very beneficial to the overall productivity of the staff, reduce the City Council agenda items and still provide a high level of service to the citizens and the development community. Two changes appear in this draft ordinance which are different from the changes previously discussed at Council . The Commission feels that they should have final approval of Final Plats rather than Staff as recommended by Council . Staff would concur with this process since there are typically variances allowed (i .e . setback lines) which staff could not approve. Eliminating the Council packet for final plats will save considerable time and staff has no problem with taking the final plat to the Commission. The second change is that the attorney' s do not feel Staff can be given authority to approve all Amended Plats as we have been doing. The ordinance is structured such that Staff can approve only those Amended Plats with four or less lots . The following is a summary of the recommended changes in the subdivision ordinance : 1. City Council will have final approval authority on all Preliminary Plats, Plat Revisions and multiple-lot Plat Showings . 2 . The Planning and Zoning Commission shall have final authority approval on all Final Plats, and Amended. Plats with five or more lots . 3 . Staff will have final approval authority on all single-lot Plat Showings and Amended Plats with four or fewer lots . 3' J Curtis E. Hawk, City Manager Revision to the Subdivision Ordinance No. 483 April 13 , 1993 Page 2 Staff appreciates the consideration of this ordinance and the awareness of our daily work load. Please place this item on the City Council agenda for discussion. GL/gj C:\CD\GREG\MEMO\0RD483.MEM gE-a. ORDINANCE NO. W3 - 4 • ORDINANCE AMENDING ORDINANCE NO. 483, THE SUBDIVISION CONTROL ORDINANCE FOR THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR APPROVAL OF CERTAIN PLATS BY CITY STAFF AND BY THE PLANNING AND ZONING COMMISSION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE - WHEREAS, the City of South . _ - _ _ , ' - . home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council has determined that it is in the public interest to streamline the process for the approval of plats by providing that certain plats will be approved by city staff and certain plats will be approved by the planning and zoning commission; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Section 1.04 of Ordinance No. 483 , the Subdivision Control Ordinance of the City of Southlake, is amended by amending the definition of "Plat Showing" to read as follows: "PLAT SHOWING: A plat which includes less than 10 acres and foar` three or fewer lots and typically has no internal public works improvements. A plat showing typically combines requirements of the preliminary and final plats. " SECTION 2. That Subsection 2.01 B, of Ordinance No. 483 , the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: "B. Plats required for compliance: 1. Any proposed subdivision of land which contains 10 or more acres of land or proposes 6 4 or more lots A:\PLATAMDT.SL 04/13/93 (YE- or proposes any internal public works improvements shall require a Preliminary Plat to be processed and approved prior to approval . o : submitting a Final Plat fer-appreva}-a c- d-i g- rr-t-ire-eetxntp Plat-Reeerds. 2 . When subdividing a tract containing less than 10 acres and which proposes 4 3 or fewer lots, the owner may, at his own discretion, elect to cause a Preliminary Plat to be processed and approved prior to a00. :a1 `c submitting a Final Plat Ear reeerding-in-the-eeunty-Plat-Reeerds. 3 . In the event that the owner elects to subdivide said tract of less than 10 acres into fOr fAtialfrA,Three. or fewer lots, without approval of a Preliminary Plat, he shall: a. Cause a Plat Showing to be approved and filed of record if the tract has not previously been platted; or b. Cause a Plat Revision to be approved and filed of record in the County Plat Records if all or a portion of the tract has been previously platted. " SECTION 3. That Section 3 .04 of Ordinance No. 483 , the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: "Section 3 .04 Plat Showing, Submittal Requirements: A. When a tract or parcel of land has not been previously platted and recorded in the County Plat Records, the subdivider may, at his option, elect to combine the Preliminary and Final Plats of a subdivision and submit a "Plat Showing" whenever the tract of land contains less than 10 acres and involves four three-{3+ or less lots and is to be subdivided without change of street location or without substantial effect on City services, drainage or adjacent properties. A subdivision involving more than fb tr' three—Hi lots or which contains 10 or more acres of land shall be considered as a Plat Showing only when specifically approved as such by the Director or C6mmunit01610000ii Publie-Werles. All requirements of :........:............... Sections 3 .01 and 3 .03 shall be satisfied for submittal. B. A Plat Showing of fb 1r' three-ea} or fewer lots shall bear the name of the original survey and abstract number in which said property is located as an Addition. It is subdivided into numbered lots out o that survey. The Building Official shall maintain a ledger of assigned lot A:\PLATAHDT.SL 04/13/93 numbers and shall assign lot numbers in orderly succession. Lot numbers shall be designated in numerical order in sequence with the legal descriptions of the previously recorded plats. No block numbers will appear on the plat or in the legal description. Example: Absalom J. Chivers Survey, Abstract No. 78 Submitted as: Lot 1, A.J. Chivers No. 78 Addition. " SECTION 4. That Subsection 3 .05 A.1, of Ordinance No. 483 , the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: ... ................. "A. rnG d d Amending Plats are plats which: 1 . Alter the interior lot line sr 0hanze; build g 004000400 for purposes of a more buildable area ........:. without increasing the number of lots. " SECTION 5. That Section 3 .05, of Ordinance No. 483 , the Subdivision Control Ordinance of the City of Southlake, is amended by adding Subsection D to read as follows: "O:ss:: :>::N 0; :5 t: :u: :at:::or s::>:e oe •:t:::::thos e;;::oerta th n ;:.:to< 0i0:.>a 4:00y::>:<pf.:#Ile.::: aee::.:ot:.:the.:::;p :a' :<:p:r:.;:.:the:>:. r00Ui'i> :cs adequate ;uti:l: :.t :es>;;;:;::or:::;::: aymerit: ::;:of:::::<;:delinquent:::::<::.f scal ........... e0 ew3.1:.:Vie.:::added:::::w4N6ari3OtUri:::Wffij:i:n::":::g:i>:-:::::�' plat.,.;and;:;no:change :ma:.:>:::bes:; howxt::;:;other tha t:: .a:s:::>:spec: ::f:: ed W*iii .::.csrd•ihari e. " SECTION 6. That Subsection 4.01 A, of Ordinance No. 483 , the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: "A. Authority for Approval : 1. City Staff: The City Manager, upon receiving a recommendation for approval from the appropriate City Staff, the City Engineer, and City Attorney, is hereby granted authority to approve all igi - of P at.:>Sho ���s>'> d Amended Plats `:.`:o ::,`::::'.',' ::;: '': er or few lotswi. Upon-apprevaI-by-the-eity-Manager, tl�e-Servng-aelmn}strater-wiI-ebtain-the-sgnature ef-the-MAyer--a rt -�4ty--Sec,e -y--an --€i-1-e-the-pIat in-aeeerdanee-with-this-seet ..:.., .:.... ien- . applicant ....:.:. is< ;d0sat s f:jed:: it'a::::::;;:the:•<::;deeis :rf:<::::::the.:<•::>:C: .>::. . anager, may retest.,.;that_:;the.;:.:pla't .k�e.:,::referred td . ... . : ... ... ....... ...:. ::.. the: :Ctyir m ss i:on:::>:for z:<dec':s:iorii< :<>:�:>' he::::` : >.: Comnti:ss:ion :::is_»f i:i a1 A:\PLATAHDT_SL 04/13/93 2 . Planning and Zoning Commission: The Planning and Zoning Commission shall review and recommend approval or disapproval on all P:reliii`riar r Plats, Plat 2e t g16.n5: :<:atiti:>;1ittilt: le:-:lot::<::P:lat:«: ho# 3 . e>:<:f:br :f:ina:l:>::::ap rova : b:.: :;:;:Ccau0c >1: :>:::githe:< Cornm: s : c ;::: ha l l aive final appr wa . ors all :: mended<: Plats in zal,i :f ve;::or;<; to re;:;::d of ::z:ai d::::::a:l:: :::;:0.0ia <:P:lats-sul� t±t'eel-te .......:. . . ........:..:.................:...... the-e4ty-exeept-Amended-Plats. 3 . City Council: The City Council shall establish development requirements and adopt guidelines and regulations governing the subdivision of land within the City and it's extraterritorial jurisdiction. The City Council shall receive a recommendation from the Planning and Zoning Commission on each Preliminary anel-f nal Plat, Plat g40t44OT1 ; ;arid; ;1tip .e;- 0C.ii;Pla :::s>0 :c l:n14-st1lxtt4. eel te-the-e t-y and shall then make a final decision as to the approval or disapproval of t44a4 plats : ::;;7n and ancillary agreements shall be t e s sle responsibility . " . .......... .... . SECTION 7. That the introductory Paragraph A of Section 4.02 of Ordinance No. 483 , the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: "A. All "The Preliminary Plats: will be accepted f ==4414 plat::tev e ::: d m nt4:generated::>::a:nd::::8:::::c o •:. ;:o:f:: th3 sre ?:ie# given tt. >t4es:ap l: cart PPel ::m :na-rYVPl::a.t a0Cbitt '.an�ied b y: _the :p:lat :;:.000*�t::::: omments:::;::sha:l:�l::<:<t hen :be:>::: :ent:<:>to::>:::the omlaission::zfo :po00tit.4*. ate on and<: then::::>:theNCot2 :•d's:::>::.:•:; fira ;< abta sel3eeltzleel- --ec}r3s-ieati-e�ir-ert-tige--f3- avai1ab1e--P�arrrri ng--end--- n -ng--Mari-ss3fx2--agenela--as deterw ned-Hp-tire-elate-ef-aeeeptanee- er-review-and-the ealendar-sehedu+e-adopted-by-the-eitp-" SECTION 8. That of Subsection 4.02 A. 3 of Ordinance No. 483 , the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: "3 . Upon approval of the Preliminary Plat by the Council, the Conlii4 _ aapp000 applieant-maY-skit a Final Plat on all or a portion of the property contained in the approved Preliminary Plat. " SECTION 9. That Section 4.03 , of Ordinance No. 483, the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: A:\PLATAMDT.SL 04/13/93 'E- "Section 4 .03 Final Plat, Processing: A----ApptaevaI-&f--t•-he-gidel-imi ar -P at-bar-tior<.4-a€t-er-the offeetive--elate- --th-i-s--frrd3 tee-,--site-14.--eenstitute eeneltenal-appreval-ef-the -Pinar-P�at- AB. The Final Plat will be accepted for review, Plat Review comments generated and a copy of this review given to the applicant. The Final Plat accompanied by the Plat Review comments shall then be sent to the P+annng-anel-getiftg Commission and-thee -the--ei.4 y---Cieuxtc-i4 for final action. Upon<ap?ro al by::th;e>Commiss: on:: .: the .................. ................ Secretary:: >and::>:f:, ::l :: the:= .;: la >,:::: ::n:>::;acebrdanee:<:; ith::;>::t : :e SECTION 10. That Section 4.04 , of Ordinance No. 483 , the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: "Section 4 .04 Plat Showing, Processing: "A. S ng:xo.i : ::o:: P,l::a :.:;::S.howin. i >: >::.4pi l:::;;�. ..:3 n.- 1e:': lot:::>P:la' ; :::ems,howin. s will he acc epted: .for: _: r vie r....:..: la .:..:review. o ltuae is el' a 'a::e:::::z::sand '::::a:: z:;:co :.:;< ;:of.;:<::.th s:;•:<.>: `e :7::�'nib::::::::.•iven::::<:::td:::: the rev,I S e . .he:;;: lat a :::kneaded>:<tb>:: e e: t e.:.:a d :l? f i"oiT0it.::.ty Staf>f:: ; ;: : U. .:_n: :::a...prt z4:h::>1 .`;::>::ahe::: ::O: t..::::>4e 'ta. er: 'he:::>:Zo:;:.: :.. City_ Secretary„ and..file the plat iri 0p.6r. he r th tt i ordinance. P+at-Shewinga-e:Ita-I+ �-t+te•.€i y ....: :.....:... seheelti1ed-€er-pl-at-rev-i-ew--anti- -i-on- the-cty Staff-ane-t-he-i-i-•ig'es -rues-and- lac -an-•tote-agenda e€- the--Gentrti-s•s-ien-fe-r--review-a tel--act--cmr n-aeeerdanee with-the-adapted-sehedule- 8: ::>:::;:::: a:1;: ;: :: . :e:>:p3:;at::g0:0. s> :::>:: :l1l6.00.: t: fe. :l ovo >::.: _ > : generated {and>_«:> :co :.:>::;::;e f;::::;:;the:::;;: 'ev: :et :::• -.i:ve.n:•::.:t0::::.the :::;�?.�`>.;;;:�;;>an'�•:�<;< ;:;.;:�h�.:<.;;�'l.at:;::�hnw �g;:.;:a��c��pa��ted::<::by:.:;t.he..::.;. ;l.at rev:iett:.:; c m nemte.>::s;h:a11 ;;t en>:ire Brit :to: the;:;Co nii s: an <f:or........... . ........... . reoonth er da ion a:rid:«<the:::: o:unci:I:<::::fo• :. :•:. '>`:". :><:>: >: ,.•: approval:;: the;;;.s. gnature;::Of..;::;:' he,;:::CO fliu ss:ion:>:Chha_irman and>::Secr y etar.: and .lator....and City... Secretary:<<atd... file. ..the;.;: plat >::ii SECTION 11. That Section 4 .05, of Ordinance No. 483 , the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: A:\PLATAHDT_SL `� 04/13/93 CJ C , • "Section 4 . 05 Amended Plat, Processing: A. Amended Plats with four or less lots: All Amended 'Plats with four or less lots will be accepted for review, plat review comments,generated :and-a copy of this review given to the applicant. ..It will be the applicant's responsibility <;to: revise:::the ;:plat :as needed to::;::receive final approval from:: City: :Staff. ';'Upon approval,:', by, ithe City ' Manager,:: :the Z_oni:ng: Administrator wi7:3::°. obta:i:n :the signature..:>of the=. Mayor.;::and:.City ,.Secretary and.::> ile: the plat,::in. accordance ;is th s: :ord:i ance< Amenel±ng-Plats as dcf-i-neel--pnev ettsly- 1---be-- v-i- aee--bp--the-•-e ty Manager-er-ems--represe rt-et tee-.--• o--s•ti•pttl-atii-errs--exeept these-pertainng-te-the-aeetiraepfe+arity-e€-the-face-e€ the--p-}at-o -the--p-row-i�4on--e€--�at-e•--�xt-i-1-3.-t3-es--er payment-af-ele•l-i-nettient€•i-s-car-ehar --s4&l-1--be-eeldeel-as-a eenelitien-e€--f-i-1-3.•erg--s�c�-a-plat-anel--pro--c��a�tge�.�- tap•-be shewn-ether-than-as-speei€feel-in-this-erelinanee- B. Amended Flats: :wi:th >f ive;::or: more ;lots .:All Amended::P:lats with five.::or mare:. logs <w :l>I:;::be ccepted:forr:ev: ew` =< lat review comments>:gener:atearia: copy,:of_this..rev ew :g: -ven to the applicant :the ::A ien ed Plat accompanie :::::Yiy<:the plat review..comiients:: sY al1;°::th:e;n be'sent.,`to the.:COMMi sion for ,fi:nal:>:action:::. Upi n ;approva:l:`;h ..`:tY e CoMi is:S otiWthe Zoning Administrator;::::wi:1>1::.:;:obtai:n:.,the: :signature::<::of: the Commission accordance; with tl' is> ,:':ord :ii:ance:::: The--p-l-at --4ker1-1--cue thretigh-the-}-l—et -ew-prereess-anel-a-cogy-�rf-•thi s-rev ew shaII-be•-g-i-ert-t-o-the-applieant--the--app3-i-ca t must-make necessary-eer•reet•iems--err-i -t-o-- bt-a-in-iris •-appreva3r-€rest the-eity- e----When-appreveel€ rr• rl-ing--by--t*e-•£3t Manaeler;-si:gnatares she+l--be--cat-a-fined---a les-t fie--p€at--sha.}±--be--t3•Zed--in aeeerelanee-wth-this-erelnanee- CB. Should any of these conditions prove unacceptable to the applicant, Amended Plats may be submitted and processed as Plat Revisions . " SECTION 12. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 13 _ It is hereby declared to be the intention of the City Council that the phrases , clauses, sentences , paragraphs and A:\PLATAMDT.St. 04/13/93 sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases , clauses, sentences, paragraphs and sections of this ordinance , since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 14. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 15. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof . SECTION 16. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten ( 10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall Ar\PLATAMDT.SL _ 04/13/93 S7 9 additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 17. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS - DAY OF , 1993. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1993. MAYOR ATTEST: ' CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: A:\PLATAHDT.SL O4/13/93 [3E_I O City of Southlake,Texas MEMORANDUM April 14 , 1993 TO: Curtis E . Hawk, City Manager FROM: Karen P . Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-J Attached please find a copy of Ordinance No. 480-J, the revisions to the zoning ordinance which Staff discussed with the Council at their March 16, 1993 meeting. Per those discussions and the Planning and Zoning Commission' s recommendation, I have made the following changes to the ordinance : * Prepared definitions for the types of antennae and for nonresidential uses and noncommercial uses . * Combined the accessory antenna approvals under "aa" of Section 34 . 1 . * Reduced the maximum dish size for all satellite dishes from 12 ' diameter to 10' diameter based on improved technology and industry standards . * Included a provision in Section 44 . 12 (8) via Special Exception Use Permit for satellite dishes exceeding the 10' maximum diameter. * Added the following provision to the location requirements for all satellite dishes : " (not be visible from public R.O.W. in front of dwelling) " or " (structure) " as applicable. Please note that the reference datum for the height is to be per the criteria established in the definition of "Height of Building" which states that "the reference datum shall be selected by either of the following, whichever yields a greater height : 1 . The elevation of the highest adjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade. 2 . An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in Item 1 above is more than 10 feet above lowest grade. See attached exhibit (Section 409) from a U.B .C. reference book for further explanation of this criteria. Please call me if you have questions regarding any of the above or Ordinance No. 480-J. KPG i OE ` CHAPTER 4 Definitions and Abbreviations Section 405—DWELLING UNIT / tiec.405. DWELLING UNIT is any building or portion thereof which con- ..Is living taciIities.including provisions for sleeping.eating.cooking S'-0'MIN OR and sanitation,as required by this code. for not more than one family. FL IF CLOSER 5%0"MIN.OR Ft IF CLOSER or a congregate residence for 10 or less persons. CI ▪ Do you consider a motel room with a kitchenette a • dwelling unit? // I I i I A. Yes.According to Section 405, a dwelling unit is"any • building or portion thereof which contains living facili- ties, including provisions for sleeping,eating,cooking and sanita- tion, as required by this code, for not more than one family, or a FIGURE NO.3 congregate residence for 10 or less persons." A motel room with a kitchenette has the living facilities as described in the definition - of dwelling unit and,therefore, is classified as such. Section 409—HABITABLE SPACE Sec.409. Q . If a kitchen range were installed for a kitchenette in a HABITABLE SPACE(ROOM) is space in a structure for living, • motel room,would a kitchen sink be required? sleeping,eating or cooking. Bathrooms,.toilet compartments.closets. halls,storage or utility space,and similar areas.are not considered habit- A. Kitchenettes are provided for the purpose of cooking; able space. ■ therefore,the sanitation requirements of Section 1205 (d)would require a sink. . We typically have houses constructed which contain ■ unfinished basements or lower levels. Would these Section 408—GRADE basements or usable portions thereof he considered as habitable space? (Adjacent Ground Elevation) Sec.408. n . If the space had closets, floor covering, electrical wir- GRADE(Adjacent Ground Elevation)is the lowest point ofeleva- /1 a ing and other facilities in place which make the space i of the finished surface of the ground,paving or sidewalk within the usable for living,sleeping,eating or cooking,then the space would a betweei)the building and the property line or.when the property be considered habitable space. If the area or space has bare walls, :is more than 5 feet from the building,between the building and a line floors and ceilings(which is the common condition in which most 5 feet from the building. new homes are finished), we would not consider the space to he habitable.The space is used most commonly for storage or utility. Q . May a retaining wall he used for the purpose of raising • the effective elevation of finished grade? << �Section 409—HEIGHT OF BUILDING Sec.409-"- '` A■ The use of a retaining wall to raise the elevation of the HEIGHT OF BUILDING is the vertical distance above a reference ■ finished surface of the ground would he permissible, datum measured to the highest point of the coping ofa flat roof or to the provided the outside face of the retaining wall is at least 5 feet from deck line ofa mansard root or to the average height of the highest gable the exterior wall line of the building,or at the property line,if a less- of a pitched or hipped root.The reference datum shall he selected by Bi- er distance. ther of the following,whichever yields a greater height of building: Likewise, the finish grade may he raised by the use of built-up I.The elevation of the highest adjoining sidewalk or ground surface grade, provided the built-up areas are at least 5 feet wide. Figures within a 5-foot horizontal distance of the exterior wall of the building Nos. 2 and 3 illustrate these two conditions. when such sidewalk or ground surface is not more than 10 feet above lowest grade. 2.An elevation IO feet higher than the lowest grade when the side- walk or ground surface described in Item I above is more than 10 feet above lowest grade. ' The height of a stepped or terraced building is the maximum height 5'-0•MIN. of any segment of the building. OR FL IF CLOSER . Could you graphically illustrate how to locate the refer- ■ e nce datum mentioned in Section 40c)and used for de- ,: I t �� ' �. Iermining the height of huilding? I I L—— — — — . In the following drawings,Figure No.4 corresponds to G'• A■ Item I under the definition of "height of building," BIM while Figure No. 5 relates to Item _'. In both Figures Nos.4 and 5, elevation II represents the highest FIGURE NO. 2 elevation within 5 feet of the exterior wall of building,and eleva- ' tion A represents the lowest elevation within 5 feet of the exterior When elevation A is more than 10 feet below elevation II,a da. wall of a building. turn which is 10 feet above elevation A is first determined. the When elevation A is less than 10 feet below elevation B,the da- height of the building is then measured from this last estahlishe,d turn from which to measure the height of a building is elevation B elevation as indicated in Figure No. 5. and should be determined as indicated in Figure No. 4. lidtml.- I I I sibk 0 Z -J 0 7 f 0 J RI CO 6I 6I U' E.of WI 5' I I 5' I DATUM P IB Pa• 5' ' B s .� b I ' ' p E THAN 10' A y —1.— LESS THAN 10' A FIGURE NO.4 FIGURE NO.5 DETERMINATION OF BUILDING HEIGHT IN FEET Section 420—STORY Q■ In calculating the number of stories in a building, the Sec. ■ code makes reference to the "total perimeter" of the / building.What would be the total perimeter for the hillside dwell- STORY is that portion of a building included between the upper sur- ing illustrated in Figures Nos.6 and 7? face()fluty floor and the upper surface of the floor next above,except that the topmost story shall be that portion of a building included be- tween the upper surface of the topmost floor and the ceiling or roof above.If the finished floor level directly above a usable or unused un- der-floor space is more than 6 feet above grade as defined herein for . more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point,such usable or unused under-floor •space shall be considered as a story. / m f CONCRETE _o— WALL--, OPEN El T 11111 FINISH GROUND I I • ELEVATION T II_I' '- _-1I / 1 12 / 6. '''1114)4\)",;( 1 i 4 <4 Al k) FIGURE NO.7—WEST ELEVATION . The intent of the language"total perimeter"is to define AIc ' gip. • the outer limits of any particular level under consider- i ation. Therefore, in the case depicted, the total perimeter for the lowest level would be bounded by the retaining wall, the down- slope exterior wall and the east and west exterior walls.The dwell- ing illustrated has two stories and a basement for the downslope FIGURE NO.6 segment. F ORDINANCE NO. 480-J AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; PROVIDING DEFINITIONS; PROVIDING REGULATIONS FOR THE PLACEMENT AND HEIGHT OF ANTENNAS; REGULATING PORTABLE BUILDINGS; REQUIRING A PLOT PLAN FOR TEMPORARY CONCRETE BATCHING PLANTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL • ' SPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREA the City of So _ • : • e, Texas, is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council adopted Ordinance No. 480 as the Comprehensive Zoning Ordinance of the city; and WHEREAS, the city council has determined that Ordinance No. 480 should be amended to provide regulations for portable buildings, temporary batching plants, and the placement and height of antennas in the city; and WHEREAS, the planning and zoning commission and the city council have published notice and held public hearings with respect to the amendment of the Comprehensive Zoning Ordinance as required by law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTTHLAKE, TEXAS: SECTION 1.. That Section 4.2 of Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of outhlake, as amended, is amended by adding the following defi tions: "ANTENNA - Any apparatus, external to, r attached to the exterior of a building, together with any s porting structure for sending or receiving electromagnetic v . A:\ANTENORD_SL 04/13/93 I DISH ANTENNA - Any antenna which incorporates a reflective surface that is designed to transmit or receive microwave signals from terrestrial and/or orbitally based uses. GROUND MOUNTED ANTENNA - Any antenna with its base mounted directly in the ground, even if such antenna is supported or attached to the wall of a building. NONCOMMERCIAL USE - Any use permitted in the "AG, " "RE, " "SF-1A" , "SF-1B, " "SF-30 , " "SF-20A, " "SF-20B, " "R-P.U.D. , " "MF-1, " "MF-2 , " and "MH" districts. NONRESIDENTIAL USE - Any use permitted in the "0-1 , " "0-2, " "C-1, " "C-2 , " "C-3 , " "C-4, " "B-1 , " "B-2, " "I-1, " "I-2, " "HC, " "CS, " "S-P-1, " "S-P-2, " and "Nonresidential P.U.D. " POLE MOUNTED ANTENNA - Any antenna with its base mounted to a pole which is supported by the ground or attached to the wall of a building. ROOF MOUNTED ANTENNA - Any antenna with its base mounted directly to the roof or any projection from the roof (i.e. chimney) . " SECTION 2. That Section 34.1 of Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, as amended, is amended by adding Paragraph aa to read as follows: "aa. Noncommercial and nonresidential antennas: All antennas must be inspected and permitted by the building official in accordance with the city's building code. The height of antennas shall be measured in the same manner as the height of a building as determined in accordance with Section 4.2. Antennas installed for the purpose of municipal communications are exempted from the requirements of this section. (1) Noncommercial television satellite AG, RE, SF-1A, dishes and noncommercial radio and SF-1B, SF-30, television receiving antennas: SF-20A, SF-20B R-PUD, MF-1, MF-2, MH PLOT PLAN REQUIRED A4/ 3/ 3ORD-SL 04/13/93 ,U( IjI Satellite dishes (1 per site) Type: Max.Ht. Dish Size Location (Max.Diameter) Roof Mount 35' 10' Rear of roof not visible from public R.O.W. in front of dwelling Pole Mount 35' 10' Rear yard: > 10° from rear proper- Ground Mount 15' 10' ty line & > 10° from side proper- ty line or behind the principal dwelling but not in the side yard (not visible from public R.O.W. in front of dwelling) TV Receiving Antenna (1 per site) Roof Mount 35' NA Rear of roof Pole Mount 35' NA Behind the prin- cipal dwelling, but not in the side yard (2) Noncommercial radio transmitting AG, RE, SF-1A, antennas limited to 60' in height. SF-1B, SF-30, Must be located behind the principal SF-20A, SF-20B, dwelling, but not in the rear yard. R-PUD, MF-i, Must be no closer to a property line MF-2, MH PLOT than the maximum height of the PLAN REQUIRED antenna. (Complaints concerning electrical, radio, or television signal interference shall be referred to the FCC. ) (3 ) Other antennas, telecommunication facilities, or towers, accessory to the principal permitted use on site: Not exceeding 35' in height C-2 , C-3 , C-4, PLOT PLAN REQUIRED Not exceeding 60' in height B-1, B-2 , I-1, I-2 , PLOT PLAN REQUIRED A:\ANTENORD.SL 04/13/93 F^�/ (4) Nonresidential satellite dishes 0-1, 0-2, C-1, accessory to the principal C-2, C-3 , C-4, permitted use on site B-1, B-2, I-1, I-2, I-IC, S-P-2, S-P-1, CS Nonresidential P.U.D. PLOT PLAN REQUIRED Type: Max.Ht. Dish Size Location (Max.Diameter) Roof Mount 35' 10' Rear of roof not visible from pub- lic R.O.W. in front of princi- pal structure Pole Mount 35' 10' Rear yard: > 10' from rear proper- Ground Mount 15' 10' ty line & > 10' from side proper- ty line or behind the principal structure but not in the side yard (not visible from public R.O.W. in front of princi- pal structure) SECTION 3. That Section 44.12 of Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, as amended, is amended by adding Paragraphs 7 and 8 to read as follows: 7. Portable buildings not otherwise All except RE, permitted under this ordinance, SF-1A, SF-1B, subject to the following requirements: SF-30, SF-20A, SF-20B, MF-1, MF-2, MH, PLOT PLAN REQUIRED a. Approval of a portable building shall be on a temporary basis only. Any permit granted hereunder shall be for a maximum period of three (3) years subject to renewal for additional one (1) year periods. b. All portable buildings shall be constructed in accordance with the appropriate state or federal code which regulates their construction or shall meet all requirements of the City's building code. As\ANTENORD_3L 04/13/93 F-� c. Portable buildings shall be placed upon a permanent foundation and shall have a masonry facade meeting the requirements of the City's Masonry Ordinance. In addition, hard surfaced parking shall be provided for portable buildings . The Board may waive these requirements where it determines that due to the location of the portable building on the premises or due to other unique circumstances, the requirements are not necessary to protect the health, safety and welfare of the public and that they would impose an unnecessary hardship on the applicant. d. Portable buildings shall be maintained in a neat and presentable condition at all times. _ Upon expiration of the special exception use permit, the portable building shall be immediately removed and the premises shall be restored to their previous condition. e. The plot plan submitted with the application shall contain a narrative explanation describing the applicant's plans to transition the portable building to a permanent structure. 8. The erection and maintenance of antennas, ALL satellite dishes, telecommunication facilities or towers in excess of maximum height regulations or maximum dish size for this district where such structures are related to principal permitted uses occupying the structures to which they are external to, attached, or affixed. SECTION 4. That Section 45 .1 of Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, as amended, is amended by amending Paragraph 25 to read as follows: "25. Temporary concrete batching or ALL transient mix plant exceeding PLOT PLAN 90-day approval plus one 30-day REQUIRED extension. " SECTION 5. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and A:\ANTENORD_SL 04/13/93 (J sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2 ,000. 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall A:\ANTENORD_SL tt 04/13/93 l-- 9 additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3 .13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1993. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1993. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: A-\ANTENORD.SL 04/13/93. IF-10 .P City of Southlake,Texas MEMORANDUM April 13, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-58 Specific Use Permit / Golf Driving Range REQUESTED ACTION: Specific Use Permit for a golf driving range per Ordinance No. 480, Section 45.1 (10) for approximately 8.5 acres of a larger 12.9436 acre tract situated in the S. H. Thompson Survey, Abstract No. 1504, Tract 5A and the L. A. Clay Survey, Abstract No. 346, Tract 1A2 LOCATION: Southeast corner of Davis Blvd. and West Continental Blvd. OWNER/APPLICANT: Betsy Shatley CURRENT ZONING: "AG" Agricultural LAND USE CATEGORY: Mixed Use (Commercial and/or Residential; No Industrial) BACKGROUND INFO: In early 1991, Ms. Shatley made this same request of the Zoning Board of Adjustment, the grantor of such requests at that time. The request was tabled at the Board's February 28, 1991 meeting pending the applicant providing the Board additional information regarding the following issues: 1) adequacy of the screening along all sides of the area proposed for the use; 2) height and wattage of the light standards proposed on the site; 3) bufferyards and landscaping proposed to increase the aesthetics of the project; 4) adequacy of parking; 5) liability coverage, (impact on the applicant and the City) ; 6) safety of the screening devices, specifically wind velocity; 7) compatibility with surrounding area (noise from public address system and hours of operation) ; 8) use of temporary building) and 9) type and adequacy of sanitary facilities. The applicant never continued the issue with the Board. NO. NOTICES SENT: Ten (10) RESPONSES: One in opposition: David Howell, project manager of Continental Joint Venture, property owner to the East of the proposed site P & Z ACTION: November 19, 1992; Approved (5-0) the applicant's request to table the item and to continue the public hearing until the December 3, 1992 meeting. The applicant is to provide answers to the issues raised by the Board of Adjustment. December 3, 1992; Approved (6-1) the applicant's request to table the item and to continue the public hearing until the December 17, 1992 meeting. OG -I Curtis E. Hawk, City Manager ZA 92-58: S.U.P./Golf Driving Range April 13, 1993 Page Two December 17, 1992; Approved applicant's request to table the item and to continue the public hearing until January 21, 1993. January 21, 1993; Approved motion to deny (6-0) . COUNCIL ACTION: February 2, 1993; Approved the applicant's request to table the item and continue the public hearing until April 20, 1993. April 20, 1993; STAFF COMMENTS: To overturn the Commission's recommendation to deny, a super-majority of the City Council will have to vote affirmatively to approve the requested action. Attached please find a letter from the applicant requesting that the item be tabled and the public hearing continued until May 18, 1993. KPG 9G-z • • 8900 Davis Blvd., Ft. Worth, TX 76180 FAX METRO (817) 329-2121 Metro (817) 481-2766 • 481-9602 City of Southlake Larch 11, 1993 667 North Carroll Ave. Southlake, Texas 76092 • Attention: Karen Gandy Re: Proposed Driving Range @ 1255 Davis Blvd. Southlake, Texas Dear Karen; When I spoke to you Friday regarding our upcoming meeting with City Council, I explained that due to an unexpected market share increase, our business has kept us all totally occupied meeting the increased demand. I believe we can give our full attention to our request for a proposed golf driving range no sooner than May 18th regular scheduled City Council meeting. Please present this request to City Council, and let us hear if date has been approved. Thank You, Betsy hat ley, dba • Tex-Art StoneriliCr--\147112P171-1 hirT 1 MAR 1 6 1993 I I • C :3 RESOLUTION NO. 93-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE :::AT 'ON PERMIT FOR �li: <'C>�rC)�i > 'sJl.� :'�7 <<<` k :..�:.:.....................::<.:...: I:NG:::<>APPROXI:MATELY>::::>:8:.<.gACRE >:::01? • AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" ; CURRENT ZONING IS "AG" AGRICULTURAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for OnflOMMOOIRWO has been requested by a person or corporation having a proprietary interest in the property described in Exhibit "A" attached hereto; and, WHEREAS, in accordance with the requirements of Section 45 . 1 ( ) of the City' s Comprehensive Zoning Ordinance No. 480, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1 A Specific Use Permit is hereby ranted for gompopmfigg#0& on the property described in Exhibit "A" attached hereto;' szbj ect to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit : 1 . 2 . 3 . 4 . 5 . Resolution No . 93-17 Page 2 SECTION 2 This resolution shall become effective on the date of approval by 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 93-17.SUP/ORD/kb Rome F �`zoa.udd 8900 Davis Blvd., Ft. Worth, TX 76180 FAX METRO (817) 329-2121 Metro(817) 481-2766-• 481-9602 City of Southlake April 16, 1993 667 North Carroll Avenue Southlake, Texas 76092 • • Attention: .Karen Gandy Dear Karen; • Please withdraw my request for a temporary permit for a - golf driving range at 1255 Davis Blvd. , Southlake, Texas. _ I would rather withdraw than postpone my request for the . permit until we are not so .busy. • - • • Thank You, (2:01e.-7/ 7 SZeZ-24 • • __Betsy S at ley Tex-Art Stone & Products A City of Southlake,Texas MEMORANDUM CITY MANAGER April 15, 1993 Krei TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Roadway Alignment for Peytonville Avenue, Beginning 1, 000 Feet South of FM 1709 to Continental Boulevard At the last Council meeting, three alternatives (list attached) for reconstructing the above mentioned section of Peytonville were presented by Eddie Cheatham, City Engineer, and discussed. The three alternatives were rejected and an investigation into the possibility of reconstructing Peytonville with basically the same alignment as currently exists was conducted by Mr. Cheatham. This option would postpone the widening of the road (no additional ROW acquired) and clearing of trees for several years . Attached is Mr. Cheatham' s letter describing this proposal for your review. Please consider this option and staff will respond to the direction ooffj the Council . BC/lc Attachments : List of three previous reconstruction alternatives City Engineer' s letter c:\wpfiles\memos\pey altr,ceh /f>d- — / SUBJECT: Roadway Alignment for Peytonville Avenue, Beginning 1, 000 Feet South of FM 1709 to Continental Blvd. The City Engineer provided the following three (3) alternatives to consider at the April 6 , 1993 Council meeting. 1 . Construction of a 24 ft . roadway with 4 ft . shoulders and barrow ditches on each side. The roadway was proposed to be constructed to the west and would require acquisition of 20 ft . of additional right-of-way. By staying away from the trees along the east right-of-way, most of those trees should not be affected by construction. However, several trees on the east side would have to be cut in order to construct the two proposed drainage culverts . A preliminary tree count indicates that approximately 80 trees must be cut along the west side, and 18 along the east side, for a total of 98 trees to be removed. 2 . Construction of a 22 ft . wide roadway section with no shoulder, but barrow ditches along both sides for proper drainage . This alternative results in losing approximately 70 trees along the west side, and 8 trees along the east side for a total of 78 trees to be removed. 3 . Construction of a 20-21 ft . roadway which would meander to avoid trees when possible, no shoulders, and a minimal barrow ditch. This section would result in approximately 30 trees having to be cut along the west side and 8 trees cut along the east side, for a total of 38 trees to be removed. Although this alternative results in the fewest trees having to be cut, the drainage would not be handled as well as in the other two proposals . This option also does not address the close proximity of the trees to the roadway. This is a current situation which is detriment to the heavy traffic which that road will bear. CHEATHAM AND ASSOCIATES April 14, 1993 Mr. Curtis Hawk City Manager City of Southlake Re: Peytonville Reconstruction - From High School to Continental Blvd. Dear Mr. Hawk: As you are aware, we have been analyzing various widths and alignments for the subject street. Originally a decision was made that since the right-of-way is very narrow, and the trees are so close to the roadway, that it would be best to acquire the right-of-way along the west side of the street for widening. Then, a street could be constructed with all the widening being done along the west side of the street. This would allow for adequate ditches to be constructed and save the better trees which are along the east side of the street. We have, upon the request of the City Council, investigated the possibility of not acquiring any additional right-of-way, and constructing a 21'-22' wide street. This can physically be done, and the street would basically be the same alignment as it currently exists. We would like to mention, however, that there would not be room for adequate ditches, even if some trees were cut. In addition, the trees would be so close the road that the tree roots would pose future problems such as pavement cracking. Therefore, we recommend that if the decision is made to construct a street within the existing right-of-way, that the street be built with 2" HMAC rather than 4", and the culverts be built as originally proposed. The 2" surface will be less expensive, and will not last as long, but perhaps it will last long enough for some of the additional right-of-way to be dedicated to the city as the adjoining property is platted, or replatted, along the west side. We recommend that the ditches be built as wide as possible and graded to the proposed culverts. This decision will obviously be postponing the widening of the road, and clearing of trees for several years to come. However, there will be some savings in the construction cost which can be used to construct a portion of another street in the city. A member of the street task force was contacted to discuss this matter. It was his opinion that the recommendation of the City Council, to build the best street possible within the existing right-of-way, would be supported by him. He also agreed, that the street should be ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1 170 Corporate Drive West • Suite 207 • Arlington, Texas 76006 817/633-1023 - Metro 640-4329 / r a "Type A" street, 4" HMAC. However, under the circumstances he felt that the street from the high school south to Continental, could be downgraded to a "Type B" street or 2" HMAC. If you have any questions or comments regarding this issue, please give me a call. Respectfully, Eddie Cheatham, P.E. City of Southlake,Texas C1TY AN �GE MEMORANDUM J r April 15, 1993 TO: Billy Campbell, Director of Public Safety FROM: Eddie Wilson, Building Inspector SUBJECT: Electronic Readerboard Sign for First American Savings Bank Attached are the application and supporting documents for an electronic readerboard sign for First American Savings Bank located at 222 W. Southlake Boulevard. Section 17 (E) of Ordinance No. 506 (Sign Ordinance) requires that electronic readerboard signs be approved by the City Council . There are no specific provisions regarding height or area for such signs as these limitations are at the discretion of the City Council . Please place this item on the agenda for the April 20, 1993 City Council meeting. If there are any questions, please contact me. EW attachments - Sign documents s. I, APPLICATION FOR SIGN PERMIT City of Southlake DATE 4-15-93 ADDRESS OF PROJECT 222 W. Southlake Blvd. TENANT First Americam Savings PHONE NO. 571-1020 SIGN COMPANY Identitec, Inc. PHONE NO. 329-0411 ADDRESS 250 Bank St. Southlake / / 76092 address city zip ILLUMINATED?41/110 NO (circle) ELECTRICAL CONTRACTOR PHONE TYPE OF SIGN Permanent Temporary Dimensions ATTACHED BANNER 17'-4" HEIGHT xx POLE BALLOON 13' WIDTH MONUMENT MODEL HOME AREA OTHER SPECIAL PURPOSE Vertigreen Patina Copper Face with brushed brass fabricated letters. Letters to be back illuminated with neon. Sign to have DESCRIPTION 1'-8"x 11' single line message center illuminated with 5 watt bulbs. OVERALL HEIGHT (attached, pole, monument) 17'-4" SETBACK(S) FROM R.O.W. DOCUMENTS ATTACHED: Plot Plan 4-- Sign Drawing Letter From Property Owner Electricia Registr do SIGNATURE OF APPLICANT ***************************** ********************************* APPLICATION APPROVED BY: DATE: PERMIT FEE COMMENTS , ~ =' City of Southlake, Texas CITY MANAGER MEMORANDUM 44_ ISA3 ``� April 15, 1993 TO: Curtis E . Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Animal Control On Tuesday, March 16 , 1993, Ms . Mary Flick, 730 Blue Bonnet Drive, in Keller, addressed the Council with a petition to make Southlake and the Army Corps of Engineers ' property safer for trail riding by not allowing dog owners to let their dogs run loose. There was also concern about inadequate fines . Councilman Apple asked this matter be placed on the Council agenda in the near future. In response to this request, attached is a copy of the Animal Control' Ordinance and the policies and procedures for said Ordinance. As you read through the policies and procedures, you will find that these procedures arelbasically ineffective without an Animal Control Officer. We are currently in communication with Grapevine concerning an animal control proposal and once we enter into an agreement with Grapevine we will also have to re-address our policies to ensure that they conform to Grapevine 's procedures . Ordinance No. 530 was extensively researched and approved through our attorneys . We currently enforce this Ordinance through letters of information, citations and utilizing police personnel to capture and contain animals when called upon to do so. Once we address animal control in its totality our process will be properly implemented to the satisfaction of all concerned. Specifically referencing Ms . Flick, the animal owners have adhered to our policies, requests and State laws concerning their animals . I am available for any questions or comments that you might have. [6J.4 BC/mr ' Attachments (2) wp\Memo\Anmlcnt1.3 //2 7 . ORDINANCE NO. 3-35 O AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAX , TEXAS, REPEALING ORDINANCE NO. 254 ; REPEALING ORDINANCE NO. 354; PROVIDING RELATED DEFINITIONS; PROVIDING REGULATIONS ON THE CONTROL AND CARE OF ANIMALS; PROVIDING FOR RABIES CONTROL; PROVIDING FOR IMPOUNDMENT AND DISPOSITION OF ANIMALS; PROVIDING A FEE SCHEDULE; PROVIDING REGULATIONS ON COMMERCIAL ANIMAL ESTABLISHMENTS; PROVIDING PROVISIONS FOR VICIOUS, WILD, DANGEROUS AND EXOTIC ANIMALS; PROVIDING FOR PROCEDURES AND POLICIES TO FACILITATE THIS ORDINANCE; PROVIDING PENALTIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, City of Southlake, desires to establish regulations for the guidance of those persons responsible for the health, safety and general welfare of the citizens, as well as, to provide reasonable laws for the protection of citizens of Southlake; and, WHEREAS, the City Council, City of Southlake, desires to ensure the safe and humane care and treatment of animals; and, WHEREAS, the City Council, City of Southlake, desires to make the regulations relative to animal care and control both clear and concise. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF • SOUTHLAKE, TEXAS: ARTICLE I. REPEAL OF PREVIOUS ORDINANCES 1. 01. That Ordinance No. 254 of the City of Southlake is hereby repealed in its entirety. 1. 02 . That Ordinance No. 354 of the City of Southlake is hereby repealed in its entirety. ARTICLE II. DEFINITIONS 2 . 01. When used in this Ordinance and accompanying operating procedures, the following words and terms shall have the following slake\anirnal.ord -i- • 1 meanings ascribed and shall be so interpreted unless the context indicates a different meaning: 1. Abandoned - Shall mean animals left unattended for a period greater than twenty-four (24) hours on private property, and by leaving such animal unattended, creating a threat to their health, or animals released on public or private property with intent to desert the animal. 2 . Animal - Shall mean any mammal, amphibian, reptile, fowl, or creature of the animal kingdom, excluding a human being. 3 . Animal Control Officer - Shall mean any person or persons designated by the City Council, the City Manager, Director of the Department of Public Safety, or the Health Officer to enforce the provisions contained herein. 4. Animal Shelter - May be a publicly funded facility or it may be a private facility, as designated by the City Council, operating under contract with the City. 5. City - Shall mean the City of Sout lake, Texas, or the corporate limits thereof. ' 6. Commercial Animal Establishment - Shall mean any pet shop, grooming shop, livestock auction, riding school or stable, zoo, circus, kennel or other establishment in which animals are used for or are a primary part of commercial purposes, excluding livestock farms and ranches. 7. Domestic Animal - Shall mean all species of animals commonly and universally accepted as being domesticated. 8 . Estray - Shall mean any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet, hog, sheep, goat, or any species of cattle or livestock. 9 . Exotic Animal - Shall mean any mammal , amphibian, reptile or fowl which is not naturally tame or gentle, and is generally not found in the wild in the continental United States, and those regulated and defined by the Texas Parks and Wildlife as exotic. 10 . Guard Dog - Shall mean any dog trained or primarily used for the purpose of protecting persons or property by attacking or threatening to attack any person found within the area slake\animal.ord -2- l� -3 ' • t patrolled by the dog, and that is either securely enclosed within that area at all times or under continuous control of a trained handler. 11. Harboring - Shall mean the act of keeping or caring for an animal, or of providing premises to which an animal returns to or is allowed to remain on for food or shelter, for a period of ten (10) or more days. 12 . Impound - Shall mean to place an animal in the city designated animal shelter, or the taking into custody of the animal for the purpose of detaining . or confining the animal by any authorized person acting under the authority of this Ordinance or the direction of a police officer. 13 . Kennel - Shall mean any place where more than four (4) dogs or more than four (4) cats or any combination of dogs and cats where the total exceeds (4) animals over the age of six (6) months are raised, trained, boarded, harbored or kept. Puppies and kittens shall be excluded in this count. 14 . Puppy — Shall mean any dog which isoless than the age of six (6) months. 15. Kitten - Shall mean any cat which is under the age of six (6) months. • 16. Litter - Shall consist of one (1) or more puppies or kittens. 17 . Livestock - Shall mean animals commonly associated with farming, ranching, or recognized commercial production including, but not limited to, horses, mules, donkeys, cattle, goats, sheep, and swine, and shall include ostriches and llamas. 18 . Owner Shall mean any person, firm, or corporation who has right of or property interest in an animal, or allows an animal to remain on or about his premises for a period of ten (10) or more days, or is routinely in charge of the care of an animal. 19 . Rabies Vaccination - Shall mean the vaccination of a dog, cat, or other domestic animal with an anti-rabies vaccine approved by the State Department of Health and administered by or under the supervision of a licensed veterinarian. • 20 . Stray Animal, Including Estrays - Shall mean any animal , for which there is no immediate slake\animal.ord -3- //a -y � x identifiable owner or harborer, and which is found to be at large within the corporate limits of the City of Southlake. 21. Vicious Animal - Shall mean any animal that, without intentional provocation, bites or otherwise attacks any human or other animal, or constitutes a physical threat by reason of its continuous aggressive behavior toward humans or other animals, or in a vicious or terrorizing manner approaches any person in an attitude of attack, whether or not the attack is consummated or capable of being consummated. Guard dogs and Police K-9 dogs are exempted from this definition when maintained in compliance with the provisions of this Ordinance and state law. 22. Wild Animal - Shall mean all species of animals which exist in a natural unconfined state and are usually not domesticated. ARTICLE III ANIMAL ESTABLISHMENT PERMITS 3 .01. No person, partnership or corporation shall operate a commercial animal establishment or kennel unless the establishment is located in a properly zoned area and unless a permit has first been obtained in compliance with current City policies in reference to this zoning. 3 . 02. If there is a change in ownership of a commercial animal establishment, the new owner must apply for a new permit. Permits are not transferable. 3 . 03 . Every facility regulated by this chapter shall be considered a separate enterprise requiring an individual permit. 3 . 04. No fee may be required of any veterinary hospital, animal shelter, government operated zoological park, school district, civic or charitable organization. ARTICLE IV. ANIMAL CONTROL 4-. 01. RESTRAINT 1. Every female dog or cat in the state of estrus, commonly referred to as being in season or in heat, shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding. slake\animal.ord -4- . z 2 . It shall be unlawful for an owner to allow any animal to molest or intimidate pedestrians, passersby or vehicles. 3 . It shall be unlawful for an owner to allow any animal to damage, soil , defile, or defecate on private or public property, other than that of the animal ' s owner. It shall be a defense to the violation of allowing an animal to so defecate on private or public property if the owner immediately removes and properly disposes of the animal defecation. 4 . It shall be unlawful for an owner to allow any animal to make noises in an excessive continuous or untimely fashion which causes unreasonable annoyance, disturbance or discomfort to a neighbor or others in close proximity to the premises where the animal is being kept or harbored. These noises include, but are limited to, barks, whines or howls. 5. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of. a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. Exceptions: This provision does not pertain to any animal within an automobile or motor vehicle of its owner or owner' s agent, provided that when unattended said animal cannot exit or leave the confines of said vehicle or is in the immediate visual or verbal proximity to the owner and under the immediate verbal control of this owner. 6 . When on the owner' s property, and not within visual proximity and verbal control of the owner, the animal must be confined to the premises by a substantial fence of sufficient design, density, strength and height to prevent the animal from escaping therefrom, or secured on the premises by a metal chain or. leash sufficient in strength to prevent the animal from escaping from the premises, or any other device suitable to ensure the animal remains on the premises of its owner. 4 . 02 . CARE AND KEEPING OF ANIMALS 1. It will be unlawful for an owner to; fail to provide his animal (s) with sufficient wholesome and nutritious food, water in sufficient quantities, adequate ventilation, shelter space, slake\animal.ord -5- //cam -� protection from the weather and veterinary care when needed. 2 . No person shall beat, cruelly treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or any other combat between animals or between animals and humans. 3 . No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by an animal except, that it shall be lawful for persons to expose on is own property common rat poison, mixed only with vegetable substance if mixed, and , located in a manner reasonably likely to prevent ingestion by animals other than rodents. 4 . No person, except a person licensed by the Texas Parks and Wildlife Department, shall place or set out steel jaw leg and/or neck traps with the intent of trapping any animal. 5 . No person shall own, possess, or have custody on his premises any wild, dangerous or vicious animal, including a reptile, for display, training, or exhibit purpose, whether gratuitously or for a fee. This section shall not apply to zoological parks, performing animal exhibitions, circuses, or veterinary hospitals: 6 . No person shall keep or permit to be kept any exotic animal. 7 . Fowl, rabbits and guinea-pigs must be kept in a secure pen or enclosure. Any enclosure in which fowl, rabbits or guinea-pigs are kept must be cleaned and disinfected on a frequency sufficient to prevent any unsanitary conditions. No more than a total number of six (6) fowl, rabbits or guinea-pigs, or a combination of fowl, rabbits or guinea-pigs, whose number equals six (6) , shall be kept on any premises except where permitted by the municipal zoning Ordinance under regulations relating to agricultural or commercial operations. 8 . It shall be unlawful to keep bees in such a manner as to deny the reasonable use and enjoyment of adjacent property or endanger the personal health and welfare ofcthe inhabitants of the City. 9 . The owner of every animal shall be responsible for the removal and lawful disposition of any excrement deposited by his animal (s) on public or private property including his own when such waste slake\animal.ord -6- has accumulated in such quantities or in such manner as to become a health and sanitation hazard in the opinion of the Animal Control Officer. 10. All feed provided for animals, excluding bailed hay products for livestock, shall be stored and kept in rat-proof boxes, containers, or receptacles. Horse stables, livestock farms and ranches within the corporate city limits must carry out a continuous and active rat and fly control program. 11. It shall be unlawful for the owner, operator, agent or driver of any truck, trailer or other vehicle that has been used for the hauling of any livestock, animals or fowl to park in or on any • roadway, highway, street, alley, vacant lot or tract of land, either public or private, or in any service station or garage within the corporate limits of the City, with said vehicle containing manure, excrement or liquid discharge of such livestock, animal or fowl, when such vehicle emits an odor, gas, or fumes caused by the contents of the vehicle, which would be reasonably expected to be offensive to persons of reasonable sensibilities who might be in the immediate vicinity. 12. It will be unlawful for the owner, operator, agent or driver of any such vehicle to fail or refuse after having been notified by a police officer, Animal Control Officer, health officer, or Code Enforcement Officer to move such vehicle to a location that would not disturb the inhabitants of the City. 13 . The City of Southlake shall have the authority to immediately remove such vehicle when said vehicle is in violation of K and L of this section. 14 . No person shall abandon an animal within the corporate limits of the city of Southlake regardless of the origin of the animal. 15. It shall be unlawful for any person to allow an estray to be unattended upon a public street, alley, thoroughfare or upon property of anothea- in the corporate limits of the city without proper permission. The burden to prevent such action shall rest with the person having ownership or right to immediate possession of such estray. 16. Those animals that fit the definition of estray are subject to impoundment in accordance of the policies and procedures related to this Ordinance. slake\animal.ord -7- //a/ 4 .03 GUARD DOGS . All dogs trained for the sole purpose of protecting property or persons shall be registered with the City of Southlake. The area or premises in which such a dog is confined shall be conspicuously posted with warning signs bearing letters not less than two (2) inches high, stating "GUARD DOG ON PREMISES. " ARTICLE V. ANIMAL SHELTERS 5. 01 STANDARDS FOR ANIMAL SHELTERS 1. Each animal shelter operated in this City shall comply with the standards for housing and sanitation as set forth by the Texas Department of Health. 2. An animal shelter shall separate animals in its custody at all times, by specie, by sex if known, and if the animals are not related to one another, by size. 3 . An animal shelter may not confine healthy animals with sick, injured, or diseased animals. 4. Each person operating an animal shelter shall keep records of the date disposition of the animals in its custody, and shall maintain the records on the premises of the animal shelter, and shall make the records available for inspection by the Animal Control Officer at reasonable times. 5. 02 PROHIBITED METHODS OF DEATH 1. A person commits an offense if a person kills a dog, cat or small animal in the custody of an animal shelter by shooting, except in emergency field conditions, by clubbing, by using a decompression chamber, or by administering any of the following: a. unfiltered or uncooled carbine monoxide; b. curariform drugs, used alone, including curare, succinylcholine, pancuroniun, and glyceryl fenesin; c. magnesium salts, used alone; d. chloral hydrate; e. nicotine; or f. strychnine. slake\animal.ord //CG-- - t ARTICT.F, VI. RABIES CONTROL 6 . 01. RABIES VACCINATION 1. It shall be unlawful for any person to own, keep, harbor, or have custody or control .of a dog or cat over the age of four (4) months within the City of Southlake unless such a dog or cat is currently vaccinated against rabies by the injection of anti-rabies vaccine by or under the direct supervision of a licensed veterinarian. 2 . A certificate from the veterinarian administering the vaccine is required, and such certificate shall contain the information as stated in the policies of this Ordinance, and shall meet the minimum standards approved by the Texas Board of Health. 3 . Every veterinarian whose office or place of business is located within the City and every veterinarian designated by the City to provide services pursuant to this ordinance, whose office or place of business is located within or outside the City, shall keep detailed records of animal rabies vaccinations and, upon request of the Health Officer or Animal Control Officer, shall provide a listing of rabies vaccinations to the Animal Control Officer. The listing shall include the owner's name and address, animal species, gender, date of vaccination, and whether the animal has been altered. 4 . The veterinarian administering the rabies vaccination shall issue a rabies tag to each dog and cat vaccinated. Each dog and cat shall wear the tag attached to a properly fitted collar or harness at all times. The tag shall contain the following information: a . The veterinarian' s phone number; b . The year for which the vaccination is current; and c. An identification number by which the veterinarian can identify the a.^.imal ' records. 5 . Every owner of a dog or cat immunized against rabies as required herein shall procure a rabies vaccination certificate from the veterinarian administering the vaccine. Such certificate shall contain the following minimum information: slake\animal.ord -9- / /a -/D A a. The owner' s name, address, and telephone number. b . A description of the animal vaccinated. c . Date vaccinated. d. Veterinarian' s signature and license number. 6.02 . REPORTING RABIES AND TRANSMISSIBLE DISEASES 1. Any veterinarian who shall find any animal within the city limits afflicted with rabies or any other disease which is transmissible from animal to humans shall immediately report to the city health officer or Department of Public Safety such case together with the name and address of the owner, if known, and the location of the premises where the animal can be found. 2 . Persons having knowledge of any animal exhibiting symptoms of rabies, or that has bitten, scratched or otherwise attacked an individual or other animal , or that the person suspects to be rabid or could reasonably foresee as. capable of transmitting rabies, shall report the animal or incident to the Animal Control Officer, Department of Public Safety, or the Rabies Control Officer as soon as possible, but not later than twenty- four (24) hours from the time of the incident. The report shall include the name and address of any victim and the owner of the animal, if known, and any other information known and relating to the incident or animal . 3 . Every physician or other medical practitioner who treats a person for any animal bite shall, within twenty-four (24) hours, report such treatment to the Animal Control Officer, giving the name, age, sex and precise location of the bitten person and such other information as the City designee may require. 6. 03 . IMPOUNDMENT Every animal that has rabies or symptoms th�Y�^f, or every animal that is believed to have rabies, shall be impounded in accordance with the policies and procedures of this Ordinance. It shall be unlawful for an owner of such an animal to refuse to surrender such animal to the Animal Control Officer. 6. 04 . USE AND SALE OF RABIES VACCINE • slake\animal.ord -13- 1 - The provisions restricting the use and sale of rabies vaccine for animals as set forth in Chapter 826 of the Health and Safety Code, V_T.C.S . , are hereby adopted by reference, a copy of which is on file in the office of the City Secretary, and as amended from time to time. ARTICLE VII. IMPOUNDMENT 7.01 Animals may be impounded by the Animal Control Officer under any of the following circumstances: 1. Unrestrained dogs or cats or animals at large; 2. A dog or cat that is not wearing a valid current rabies vaccination tag; 3. An animal that is reasonably suspected of having inflicted bodily harm on any human being or animal, or who poses a threat to public safety or constitutes a public nuisance; 4. A vicious, prohibited or unmuzzled animal in a place of public assembly; 5. An animal who is not cared for as required by this Ordinance; 6. An animal with rabies or symptoms thereof, or that a person could reasonably suspect as having rabies or that bites, scratches or otherwise creates a condition which may have exposed or transmitted the rabies virus to any human being or animal; 7. An animal not kept in conformity with this Ordinance; 8 . An animal that is suspect of having been treated cruelly; or 9 . Any animal made subject to impoundment pursuant to other provisions contained within this Ordinance. 7.02 Animals shall be impounded at an Animal Shelter designated by the City Council. If the owner of the animal can be identified, the owner shall be responsible for all costs incurred due to the impoundment. 7.03 Impoundment procedures, including but not limited to manner of impoundment, fees, length of time animals shall be impounded, redemption and disposal shall be set forth in policies adopted in conjunction with this ordinance, and as from time to time amended. slake\animal-ord -11- L ARTICLE VIII. CONTRACTING WITH OTHER AGENCY OR INDIVIDUAL The City of Southlake may contract with any other governmental agency, private person, firm or corporation, to perform all or part of the services or activities set forth in this Ordinance, or for services for impoundment, redemption, licensing, care, boarding, veterinary care and associated functions to include enforcement of any parts of this Ordinance or its associated policies. ARTICLE IX. FEE SCHEDULE A fee schedule for animal control related matters shall be established by resolution and adopted by the City Council to be incorporated in the policies and procedures associated with this Ordinance. ARTICLE X. ENFORCEMENT AND PENALTIES 10.01. ENFORCEMENT 1. The Animal Control Officer or his designee shall have the following powers: (a) The officer shall perform . those tasks necessary to fulfill the objectives and requirements outlined by this Ordinance. (b) For the purpose of discharging the duties imposed by the provisions contained herein or other applicable laws and to enforce the same, the Animal Control Officer, Code • Enforcement Officer, or other duly authorized representative or employee of the City of Southlake shall have the right of ingress and egress and may enter upon private property to the full extent permitted by law, which shall include, but not be limited to, entry upon private property when in pursuit of any animal which is believed subject to impoundment, for abandonment, disease, cruelty, or viciousness . (c) The officer shall have the right to inspect all areas where animals are kept when the health, safety and welfare of an animal is in question or public health and safety concerns are identified. 2 . It shall be a violation of this Ordinance, to interfere with the Animal Control Officer, a police officer, health officer, or duly authorized person acting on the • behalf of the City of Southlake in the performance of his duties sleke\animal.ord -12- relative to fulfilling the provisions contained herein. 'Z' 2> PENALTIES. Any person, firm or corporation who shall violate any of the provisions of this Ordinance, or fail to comply therein or with any of the provisions thereof, shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) , and each and everyday's violation shall constitute a separate and distinct offense. • ARTICLE XI. REVIEW The City Manager may require a periodic review of the fee schedule and the policies and procedures associated with this Ordinance by the Animal Control Officer or any other staff member as the City Manager may deem appropriate, and if the City Manager determines that changes need to be made he shall make recommendations to the City Council regarding these changes. ARTICLE XII. CONFLICTS AND SAVINGS CLAUSE 12 .01. CONFLICTING ORDINANCES All other Ordinances or. parts of Ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. 12 . 02 . SEVERABILITY CLAUSE If any provision of this chapter shall beheld void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. ARTICLE XIII. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after the date of its publication and passage by the City Council as provided by law. stake\animal.ord -13- _ k PASSED AND APPROVED ON FIRST READING ON THIS T DAY OF 4(_,L-- , 1991. ::-"Ov �F :? Y E ‘-'•-i 'he, i 3.:1-. :y A'll ST: s v� A g= '''''''44.,•• * * *���`�````` TY SECRETARY ''lfn"n a t u��p PASSED AND APPROVED ON SECOND READING ON THIS 4 DAY OF 4.byt. AtItrgA44.44,„,, . , ,,.. .z7Z) _ �'_= MOOR =o 4,- s = y= ATT ST: xie - y,,,' "Haunt %t%a%% %` u CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: �k o, - City Attorney Date: --sa"" /1 ADOPTED: �. is , // 1 EFFECTIVE: j n) £� Al / • , ‘ slake\animat.ord /-14-_4s �< a' • POLICIES AND PROCEDURES FOR ORDINANCE NO. Article I . Quarantine Section 1. Quarantine by Owner Article II. Licenses and Permits Section 1. Licensing Section 2 . License and Permit Issuance and Revocation Article III. Rabies Control Section 1. Rabies Vaccination Section 2 . Reports of Rabies and Transmissible Diseases Section 3 . Quarantine Procedures for Animals Article IV. Impoundment and Redemption Section 1. Impoundment Section 2 . Redemption Other Than Estrays Section 3 . Disposition When Held on Complaint/Violation Section 4 . Reports of Lost, Stolen, Missing or Found Animals Article V. Estrays Section 1. Impoundment of Estray Section 2 . Recovery by Owner Section 3 . Sale of Estray Section 4 . Use of Estray Section 5 . Death or Escape of Estray T � � POLICIES FOR ORDINANCE NO. ARTICLE I . QUARANTINE SECTION 1 . QUARANTINE BY OWNER 1 . The animal must be maintained inside an enclosed structure; i .e. , house or garage, or outside behind a fence, approved by the Director, from which it cannot escape and on a chain from which it cannot break loose, or inside a covered pen or kennel from which it cannot escape; and it must remain there for the ten ( 10) consecutive days . 2 . The animal must be kept away from other animals and people except for those in the immediate household. 3 . The animal may not be removed from the corporate city limits of the City of Southlake while under quarantine except by a City regulated impound or by permission of the Director of the City of Southlake's Department of Public Safety or his designee. ARTICLE II . LICENSES AND PERMITS SECTION 1. LICENSING 1. Licenses, if not revoked, shall be valid for a period of one year and shall begin with the rabies vaccination date. 2 . The City of Southlake shall maintain a record of the identifying numbers of all tags issued and current. 3. It shall be the duty of the owner of any dog or cat to procure a duplicate tag from the City of Southlake or its designee in the event that the original tag is lost or destroyed. SECTION 2 . LICENSE AND PERMIT ISSUANCE AND REVOCATION A. The following procedures shall apply to the licensing of animals : 1 . Written application for licenses, which shall include the name, address, and phone number of the applicant, description of the dog or cat, the appropriate fee as listed in the Fee Schedule, , 1 i and rabies certificate issued by a licensed veterinarian, shall be made to the City of Southlake . 2 . Apolication for a license shall be submitted not later than thirty ( 30 ) days after obtaining a dog or cat . 3 . The Animal Control Officer shall review each application for license, and upon compliance with the provisions stated herein, acceptance and approval of the license application, and receipt of the fee when required, the City of Southlake shall issue a durable license tag. 4 . Upon receipt of the license tag by the owner of the dog or cat, the owner shall cause the license tag to be affixed to a collar or harness to be worn by the dog or cat. 5 . A record of all licenses issued by the City shall be maintained by the Animal Control Officer. All such licenses shall be identified by an individual identification number which shall permit determination by record as to the owner of the animal, the date of the last vaccination, the date of the last registration and licensing, and any other information deemed necessary by the City. 6 . The City may revoke any license for one or more of the following reasons : a. Impoundment of a •cat or dog by the City on three ( 3 ) or more occasions within a calendar year. b. Upon the conviction of three or more separate violations of this Ordinance or other local, state, or federal laws regulating animals within a calendar year. c . Upon determination by the Animal Control Officer that the cat or dog is a vicious or dangerous animal . d. Upon notification that the animal has an illness or disease which is communicable to humans . 7 . The Director of Health shall notify the person, firm, or corporation in writing of intent to revoke the license . Such notice shall be mailed • certified mail to the address shown on the //a- - /g application or the last known address of the owner. Such person, fiLm, or corporation shall have ten ( 10 ) calendar days from the date of receipt (or refusal ) in which to request a hearing before the Director of Health on a date and time to be determined by the Director of Health . Upon the expiration of ten ( 10 ) days or on the date of the hearing, if such hearing is beyond the ten ( 10 ) days , the Director of Health may elect to continue or to revoke the license. The license holder shall be notified in writing of the decision. If the Director of Health revokes said license, said license holder may make a written request within ten ( 10) calendar days to the Office of Southlake' s Department of Public Safety for an appeal of the decision to revoke the license. The Department of Public Safety shall review the facts presented by the license holder and the Director of Health within ten ( 10 ) calendar days of the date of receipt of the request. The City Manager may uphold or reverse the revocation. The Department of Public Safety shall notify the license holder in writing of the decision within ten ( 10 ) calendar days of the date of the review. The license shall be deemed finally revoked only after the time period for the appeal has lapsed or the Department of Public Safety has rendered a decision subsequent to an appeal review if such review is rendered beyond the maximum time period for such appeal review request. 8 . Any person whose license is revoked shall, within ten ( 10 ) calendar days thereafter, remove said animal from the corporate city limits or humanely dispose of the animal owned, kept, or harbored on the premises . No cat or dog which has had its license revoked shall be kept, maintained, or harbored within the corporate city limits . No cat or dog which has had its license revoked shall again be licensed in the City of Southlake. 9 . No part of the license fee shall be refunded. B. The following procedures shall apply to the issuance of a permit for a commercial animal establishment: 1 . Upon receipt of an application for a commercial animal establishment permit, the City of Southlake shall inspect the facility prior to issuing the permit . If any deficiencies exist that prohibit the issuance of a permit, the City I L of Southlake shall notify the applicant in writing, within ten ( 10 ) working days , advising of the specific deficiencies . 2 . It shall be a condition of the issuance of any permit or license that the City of Southlake shall be peLmitted to inspect all animals and the premises where animals are kept at any time during normal business hours of the licensed premises . Refusal of permission to inspect the premises under the conditions stated herein shall constitute ground for revocation of the permit. 3 . The Animal Control Officer shall review each application for permit, and upon compliance with the provisions stated herein, acceptance and approval of the application, and receipt of the fee when required, the City of Southlake shall issue a permit. 4 . The permit shall be prominently displayed at the commercial animal facility. 5 . If after issuance of the permit any establishment is found to be in violation of the rules promulgated at the time of the issuance 'of the permit or violation of the provisions contained herein, such establishment shall be notified in writing of the specific violations and afforded a reasonable time, not to exceed thirty (30) days, in which to comply. Failure to comply with the rules or the provisions stated herein shall constitute grounds for revocation or denial of renewal of the permit. 6 . The Director of Health shall notify the person, firm, or corporation in writing of intent to revoke the permit. Such notice shall be mailed certified mail to the address shown on the application. Such person, firm, or corporation shall have ten ( 10) calendar days from the date of receipt (or refusal) in which to request a hearing before the Director of Health on a date and time to be determined by the Director of Health. Upon the expiration of ten ( 10) days or on the date of the hearing, if such hearing is beyond the ten ( 10 ) days , the Director of Health may elect to continue or to revoke the permit. The permit holder shall be notified in writing of the decision. If the Director of Health revokes said permit, said permit holder may make a written request within ten ( 10 ) calendar days to the office of Southlake's Department of Public Safety for an appeal of the decision to revoke t" 7 the permit . The Department of Public Safety shall review the facts presented by the permit holder and the Director of Health within ten ( 10 ) calendar days of the date of receipt of the request. The Department of Public Safety may uphold or reverse the revocation. The Department of Public Safety- shall notify the permit holder in writing of the decision within ten ( 10) calendar days of the receipt for appeal. The permit shall be deemed finally revoked only after the time period for the appeal has lapsed or the Department of Public Safety has rendered a decision subsequent to an appeal review if such • review is rendered beyond the maximum time period for such appeal review request. 7 . Any person whose permit or license is revoked shall, within ten ( 10) calendar days thereafter, humanely dispose of all animals owned, kept, or harbored on the premises . No part of the license fee shall be refunded. 8. Any person having a permit revoked may not reapply for another permit for a period of thirty ( 30) days . C. The following shall constitute grounds for denial of issuance or revocation of a permit: 1. Any owner or employee has been convicted of any violation of rules promulgated by the Director of Health, provisions contained herein, any city ordinance relative to the establishment, any local, state or federal laws regulating possession, care or treatment of animals or any local, state law relating to fraudulent business practices . 2 . Any information provided on the application is determined to be withheld or falsified. ARTICLE III. RABIES CONTROL SECTION 1. RABIES VACCINATION A. Every owner of a dog or cat immunized against rabies as required herein shall procure. a rabies vaccination certificate from the veterinarian administering the vaccine. Such certificate shall contain the following minimum information: 1. The animal owner's name, address, and telephone number. 1 4 i 2 . A description of the animal vaccinated . 3 . Date vaccinated . 4 . Veterinarian' s signature and license number. SECTION 2 . REPORTS OF RABIES AND TRANSMISSIBLE DISEASES A. Any veterinarian who shall find any animal within the city limits afflicted with rabies or any other disease which is transmissible from animal to humans shall immediately report to the city health officer or Department of Public Safety such case together with the name and address of the owner, if known, and the location of the premises where the animal can be found. B. Persons having knowledge of any animal exhibiting symptoms, or that has bitten, scratched or otherwise attacked an individual or another animal, or that the person suspects to be rabid or could reasonably foresee as capable of transmitting rabies, shall report the animal or incident to the Animal Control Officer, Department of Public Safety, or the Rabies Control Officer as soon as possible, but not later than twenty-four (24 ) hours from the time of the incident. The report shall include the name and address of any victim and the owner of the animal, if known, and any other information known and relating to the incident or animal . C. Every physician or other medical practitioner who treats a person for any animal bite shall, within twenty-four ( 24 ) hours , report such treatment to the Animal Control Officer, giving the name, age, sex and precise location of the bitten person and such other information as the City designee may require. SECTION 3 . QUARANTINE PROCEDURES FOR ANIMALS A. Every animal that has rabies or symptoms thereof, or every animal that a person could reasonably suspect as having rabies , or that bites , scratches, or otherwise attacks another animal or any person within the City of Southlake, and in which the owner is not known shall be impounded at once by the ,Animal Control Officer and held for observation and quarantined at the approved quarantine facility of a licensed veterinarian or humane society. The facilities must meet the minimum state quarantine facility standards and will be subject to inspection by the Texas Department of Health. I LL A B. The owner of any animal that is reported to have rabies or symptoms thereof, or to have been exposed to rabies , or to have bitten, scratched, or otherwise attacked any person or other animal within the City of Southlake, or that the owner knows or suspects to be rabid or to have attacked an individual , shall notify the Animal Control Officer and make the animal available for surrender for a quarantine period of ten ( 10 ) days . The ten day observation period shall begin on the day of the incident. The Animal Control Officer may require the owner of the animal to immediately surrender the animal for quarantine at the approved quarantine facility of a licensed veterinarian or humane society at the expense of the owner of the animal or permit the owner to quarantine the animal in accordance with the provisions contained herein. C. In the event the owner of such animal described above refuses to surrender such animal on demand, such action shall constitute a misdemeanor and upon conviction be punishable by a fine. D. If the owner of an animal described above cannot be identified or located at the time of an investigation by the Animal Control Officer, or if the animal was running a large, the Animal Control Officer shall make reasonable attempt to impound the animal and take it to: 1 . The local veterinarian listed on the vaccination tag if such identification tag is worn by the animal . The veterinarian shall be responsible for contacting the owner of the animal and for quarantining the animal for at least the required times for licensed or unlicensed animals . If the owner cannot be found during this time, the animal may be humanely killed for rabies diagnosis, or may be held for the remainder of the quarantine period at the expense of the veterinarian, at which time the animal shall become the property of the veterinarian. Nothing contained herein shall prevent the veterinarian from charging the owner of the animal for services rendered. 2 . The nearest local veterinarian or humane society if the animal has an out of city identification or a vaccination tag from an out of city veterinarian. The local veterinarian or humane society shall be responsible for contacting the out of city veterinarian or owner of the animal. All other provision listed above shall apply. Z- 3 . The nearest local veterinarian or humane society if the animal has no identification or vaccination tag. If the animal is documented as wild or injured, or under certain other circumstances which lead the Animal Control Officer to suspect a likelihood of the animal having rabies , the animal must be quarantined from zero ( 0 ) to seventy-two ( 72 ) hours at the discretion of the health officer after consultation with the veterinarian, at which time the animal may be humanely killed for rabies diagnosis . Other animals will be quarantined for seventy-two ( 72 ) hours . If no owner has claimed the animal at the end of the seventy-two hour period, the animal may be humanely killed for rabies diagnosis, or may be quarantined for the minimal quarantine period. E. The owner of an animal quarantined under this section shall pay to the quarantine facility the reasonable costs of the quarantine and disposition of the animal, including the charged for preparation and shipment of the animal 's head or brain, if required, to the Texas Department of Health certified laboratory for rabies diagnosis, at the owner's expense. All quarantine related payment arrangements shall be at the discretion of the individual quarantine facility and the facility shall be responsible for the collection of monies owed. F. The following quarantining procedures shall be observed: 1 . Biting animals and animals suspected of rabies that are placed in confinement for observation must be separated from all other animals in such a manner that there is no possibility of physical contact between animals . 2 . The quarantined animal must be observed at least daily by a person responsible for notifying the Animal Control Officer if clinical signs of rabies are noted. 3 . At the discretion of the Animal Control Officer, an unowned animal may be humanely killed for rabies diagnosis prior to the end of the quarantine period. 4 . The Animal Control Officer may require a written agreement by the owner or the custodian at the time of quarantine and the animal may be disposed of according to terms of this agreement. 1 N 3 5 . If the biting animal cannot be maintained is secure quarantine or if the owner chooses not to pay for quarantine, the animal shall be humanely killed and the brain submitted to a Texas Department of Health certified laboratory for rabies diagnosis , at the owner' s expense. G. Animals quarantined at a veterinary clinic shall be observed by a licensed veterinarian at least on the first and last days of the quarantine period. If the veterinarian determines that the animal has clinical signs of the disease of rabies, the animal shall be humanely killed and the head or brain submitted for testing. H. The owner of the animal may request permission from the Animal Control Officer for home quarantine if the following criteria can be met: 1. Secure facilities must be available at the home of the animal 's owner, and must be approved by the Animal Control Officer. 2 . The animal is currently vaccinated against rabies and possesses a current license tag as applicable. 3 . A licensed veterinarian observes the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the quarantine period, the owner shall notify the veterinarian and the Animal Control Officer immediately and follow the instructions given by the veterinarian and the Animal Control Officer. I . No animal shall be released from quarantine unless: 1. The owner has an unexpired rabies vaccination certificate and license for the animal as required, or the animal is vaccinated against rabies by a licensed veterinarian at the owner's expense and a license obtained as required. J. No wild animal will be placed in quarantine. All wild animals involved in such incidents will be humanely killed in such a manner that the brain is not mutilated. The brain shall be submitted to a Texas Department of Health certified laboratory for rabies diagnosis . j, f 4. s i ARTICLE IV. IMPOUNDMENT AND REDEMPTION SECTION 1 . IMPOUNDMENT A. Unrestrained dogs or cats , animals at large, nuisance animals , injured animals , animals which pose a threat to public health or safety, any wild animal kept illegally, any animal that is suspected of having been treated cruelly, and animals which must be addressed pursuant to the provisions contained herein may be impounded by the Animal Control Officer. B. Any animal impounded and not returned to the owner, excluding quarantined animals, shall be retained according to the following schedule prior to disposal: 1. Licensed dogs and cats wearing the designated tag shall be retained for not fewer than one-hundred twenty (120) hours . 2 . Unlicensed dogs and cats, other domestic animals, and livestock shall be kept for not fewer than seventy-two (72) hours. 3 . Wild or dangerous cats, dogs, and other animals may be kept zero (0) to seventy-two (72) hours at the discretion of the Animal Control Officer and the animal control staff. 4 . Sick or injured animals wearing no apparent identification through which ownership can be determined may be kept zero (0) to seventy-two (72 ) hours at the discretion of the Animal Control Officer and animal shelter staff. Sick or injured animals wearing identification, but for which no owner can be contacted within a reasonable time determined by the Animal Control Officer, may be humanely destroyed. C. If any animal is found upon the premises of any person, the owner or occupant of the premises shall have the right to confine such animal temporarily • until he can notify the Animal Control Officer. D. No person shall interfere with or attempt to prevent the city enforcement agent or Animal Control Officer from catching or impounding any animal at large, whether on public or private property. • // .a,' I'• SECTION 2 . REDEMPTION OTHER THAN ESTRAYS A. If the owner of an animal which has been impounded is known, immediate notice shall be given to such owner. Any impounded animal may be redeemed upon payment of the impoundment fees, care and feeding charges, veterinary charges, rabies vaccination charges, and such other costs as set by the Animal Control Officer in compliance with the provisions contained herein. B. If such animal is not redeemed prior to the expiration of the minimal detention period, said animal shall be deemed abandoned and said animal may be placed for adoption or humanely euthanized. SECTION 3 . DISPOSITION WHEN HELD ON COMPLAINT/VIOLATION A. If an animal is impounded for a violation of a provision contained herein; or has been declared a nuisance; or is the subject of a revocation of license, said animal may be retained in impoundment by the Animal Control Officer until all fines and fees have been paid, there is a final disposition on any related Municipal Court complaint, and there has been a disposition .on any pending administrative process . B. The Animal Control Officer may release the animal back to the owner pending the results of any related Municipal Court hearing or administrative process, if in the opinion of the Animal Control Officer such release poses no reasonable expectation of threat to human or animal life. SECTION 4 . REPORTS OF LOST, STOLEN., MISSING OR FOUND ANIMALS A. The City of Southlake shall maintain a list, current to 30 days, of all animals which are reported lost, stolen, missing or found animals . B. The Animal Control Officer shall make a regular comparison of the list to determine if any animal which has been reported found or which has been impounded may be one that was earlier reported as lost, stolen, or mission. C. This list shall be for the exclusive use of the Animal Control Officer and related personnel and shall not be considered public record, however, any person, firm, or corporation may make inquiry regarding a specific described animal and shall be informed of any record of such animal having been reported as lost, stolen, missing, found or impounded. Statistical data shall be construed to be public record. ARTICLE V. ESTRAYS SECTION 1. IMPOUNDMENT OF ESTRAY A. It shall be the duty of the Animal Control Officer, in the absence of action by the County Sheriff's Office, to take up any estray that may be found in and upon any street or alley, or in or upon any unenclosed lot in the city or otherwise to be found at large, and to confine such estray for safekeeping. Upon impounding an estray, the Animal Control Officer shall prepare a "Notice of Estray" and file such notice in the Estray Book. Each entry shall include the following: 1. The name and address of the person reporting the estray, when known. 2. The location of the estray when found. 3. The impoundment location of the estray. 4 . A description of the animal including its breed, color, sex, age, size, all markings of any kind, and any identifying characteristics . B. Such record shall be for the exclusive use of the Animal Control Officer and related personnel and shall not be considered public record. However, any person, firm or corporation may make inquiry regarding a specific described estray and shall be informed of any record of ,.such estray. Statistical data shall be construed to be public record. SECTION 2. RECOVERY BY OWNER A. The owner of an estray may recover possession of the estray at any time before the animal is sold under the provisions authorized by law, if: 1. The owner has provided the Animal Control Officer with an affidavit of ownership of the estray containing at least the following information: a. The name and address of the owner; b. The date the owner discovered that the animal was an estray; c. The property from which the animal strayed; //4 a3 s '� d. A description of the animal, including its breed, color, sex, size, all markings of any kind, and any other identifying 41-11 characteristics . 2 . The Animal Control Officer has approved the affidavit. 3 . The affidavit has been filed in the Estray Book. 4. The owner has paid all estray handling fees to those entitled to receive them. 5 . The owner has executed an affidavit of receipt containing at least the following information: a. The name and address of the person receiving the estray; b. Date of receipt of estray; c. Method of claim to estray, (owner, purchaser at a sale, etc. ) ; d. Amount of estray handling fees paid. 6 . The Animal Control Officer has filed the affidavit of receipt in the Estray Book. SECTION 3 . SALE OF ESTRAY A. If the ownership of an estray is not determined within fourteen (14 ) days following the final advertisement required by this article, title to the estray rests in the City and the Animal Control Officer shall then cause the estray to be sold at auction. B. Title to the estray shall be deemed vested in the Animal Control Officer for purposes of passing a good title, free and clear of all claims, to the purchaser at the sale. SECTION 4 . USE OF ESTRAY During the period of time an estray is held by the person who impounded the estray or holds the estray, the estray shall not be used by any person for any purpose. SECTION 5 . DEATH OR ESCAPE OF ESTRAY If the estray dies or escapes while held by the person who impounded or holds the estray, the person shall I i. A 1 report the death or escape to the Animal Control Officer. The report shall be filed in the Estray Book. 411 City of Southlake,Texas MEMORANDUM CM MANAGER April 13 , 1993 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Mid Year Review 1991-92 Audit Overview The independent audit for the fiscal year ending September 30, 1992 has been completed and delivered by the City' s independent auditor, Weaver and Tidwell . The audit report is comprised of three major sections : Introductory, beginning on page 1; Financial, page 15; and Statistical, page 87 . The Introductory Section includes the transmittal letter, a narrative of notable financial and other information for the year. The Independent Auditors Report on page 15 reflects an unqualified opinion on the financial statements . This means that the financial statements present fairly, in all material respects, the financial position of the City. Pages 18 through 43 contain the Combined Financial Statements . The Combined Balance Sheet, page 18, includes all fund types and account groups . The Combined Statement of Revenues, Expenditures and Changes in Fund Balances on page 22 represents only the Governmental Fund Types : the General, Special Revenue, Debt Service and Capital Project Funds . The Statement of Revenues, Expenses and Changes in Retained Earnings-Proprietary Fund Types, page 24, . reflects the results of operation of the City' s Utility Fund. GENERAL FUND Beginning on page 45 are the Individual Fund and Account Group Financial Statements and Schedules . The first fund presented is the General Fund. The General Fund accounts for most of the operations of the City. Included for financial statement purposes within the General Fund is financial activity relating to recycling proceeds . Also reflected within the General Fund are the donations received and expenditures made by the City for library books, pursuant to an agreement with the City of Grapevine Library. Revenues The actual revenues within the General Fund are $3 , 907, 393 , which exceeds the amount budgeted by $170, 728 . The majority of the excess ($165, 183) is from building permit revenue. Actual permit/fee revenue is $791, 983 , or almost double the adopted 1991- 92 budget of $404 , 500 . The 1991-92 budget revision for this category was $622 , 150 . GENERAL FUND Expenditures Total expenditures for the year are $3 , 836, 342 , exceeding the budgeted amount by 1 . 3%, or $49, 837 . During the last quarter of the fiscal year, the City Council assisted in road and drainage improvement projects adjacent to the new high school which were estimated for revised 1991-92 budget purposes . These projects exceeded the budget estimates by $28 , 380 . For the year, engineering services exceeded budget by $22, 200 . At the end of fiscal year 1991, General Fund Balance was reserved for a contract to M. A. Vinson for the Raintree Box Culvert totaling $23 , 700 . This amount is charged to the 1991-92 budget, yet it is not reflected within the revised 1991-92 budget . 2 Fund Balance During the 1992-93 budget preparation, it was estimated that the ending Fund Balance for the Fiscal Year 1991-92 would be $1, 013 , 480 . The actual ending balance is $1, 136, 448, or an increase of $122 , 965 over the estimate . The net increase over the previous year' s balance of $875, 223 is $261, 225 . This is a very strong Fund Balance, since it represents 25 .3% of the 1992-93 adopted budget . UTILITY FUND Results of operations within the Utility Fund were positive. The primary criteria of the operation of the Fund is the revenue bond coverage. This is defined as the net revenue available to pay for the year' s debt service requirements on revenue bonds . Operating expenses (excluding depreciation) are deducted from gross revenues' to determine the net revenues available. Usually revenue bond covenants will require that these net revenues must be at least 1 . 5 times the annual debt service . On page 106 in the Statistical Section, there is a schedule of ten years data on revenue bond coverage. Fiscal year 1991-92 resulted in a coverage of 2 . 28 times the debt service requirements . The annual review and update of the City' s utility rate structure will ensure that this requirement is maintained. CAPITAL PROJECTS FUND The City expended $1, 758, 574 on capital projects during the year. One million dollars of this total was the City' s participation in the Texas Department of Transportation' s FM1709 road project . Other projects included are the FM1709 water line relocation, the relocation of the Community Center, partial funding of Post Oak Trail, Cypress and Peytonville Road reconstruction. 3 //%'d 3 CONCLUSION The Statistical Section of the audit beginning on page 87 contains several tables that list ten years of financial information regarding the City. This history provides an excellent source of information and trends about Southlake, highlighting financially the growth the City has experienced. 1992-93 GENERAL AND DEBT SERVICE FUNDS-OVERVIEW Expenditures For purposes of this discussion, the General and Debt Service Funds are combined. Expenditures of $2 , 435, 819 at March 31, 1993 are at 45 . 0% of the $5, 415, 790 budgeted. Revenues to date exceed expenditures by $1, 471, 245 . This is because the City collects the majority of the budgeted $2, 909, 533 in property taxes in the months of December and January. Revenues Total revenues for the six month 'period beginning October 1 and ending March 31 are $3 , 907, 064 . This is 76 . 7% of the total amount budgeted. Total revenues are $456, 560 greater than last year, primarily due to an increase in the amount Ad Valorem Taxes collected. Permit and fee revenue are $208, 740 greater than last year for the same period. Property Tax Ad Valorem property taxes comprise 57% of the total General and Debt Service Fund revenues . As of March 31, 1993 , over 94% of the amount budgeted has been collected. Tarrant County collects taxes for the City of Southlake . Based on information received from Tarrant County, the City to date has collected over $190, 000 in 4 agricultural rollback taxes . These are taxes paid when a property that carries an agricultural deferral has a change in use. Taxes are due on the deferred property value for the previous five years . Most of these rollback taxes are paid when developers purchase large tracts of land from individuals in order to subdivide . Sales Tax Sales tax at March 31 is $233 , 995 of the $579, 000 budgeted. This amount is slightly ahead of the projected to date total . The amount received to date reflects five months collections . Franchise Fees Total franchise fees received to date are $224, 862, representing 73 . 9% of the $304, 450 budgeted. Electric company franchise receipts of $197, 022 are an increase over last year' s collections by 3 . 7% . The FY1992-93 budget estimate included a 10% growth projection. The cable franchise payment received from Planned Cable is $9, 251, which is slightly less than the $10 , 150 budgeted. Telephone franchise receipts to date are $18 , 589 . These fees are received quarterly and are within budgeted amounts . The Lone Star Gas fee is budgeted at $50, 600 and is scheduled to be received in May. Fines Fine income is down slightly from last year. Total citations are slightly lower than the previous year, as are the number of warrants issued. The FY1992-93 budget included the hiring of an additional traffic officer. It is anticipated that the number of citations and therefore the number of warrants resulting will increase . 5 Charges for Services Charges for services include ambulance billings, the special services program, and fire mutual aid revenues . Within the special services program is the $10, 000 Carroll I .S .D. funding of one-half of the Teen Court program. Also included in this line item is $25, 000 reimbursement from the Carroll and Grapevine School Districts for the D.A.R.E. officer salary. To date the City has received $17, 050 under this program. Permits and Fees Revenues from permits and fees are $538, 539, or 86 . 6%, of the $622 , 150 budgeted for the year. A new fee, contractor registration, has generated $27, 450 of the $30, 000 budgeted. Platting fees total $107, 143 , which exceeds the $25, 000 budgeted by $82, 143 . Greater than expected activity during the traditionally slower winter months has contributed to this revenue increase. Other Revenues Interest income to date is $35, 948, representing 55 . 3% of the $65, 000 budgeted. The majority of the City' s idle funds are now invested in the TexPool, the State operated investment pool . The March yield for the TexPool was 3 . 76%. Total invested funds are $7, 897, 324 . Budgeted for the year is a transfer from the Utility Fund totaling $159, 446 to the General Fund. This amount provides compensation to the General Fund for support activities performed on behalf of the Utility Fund. Also budgeted is a transfer to the Debt Service Fund from the Utility Fund $107, 849 . This amount is the FY1992-93 debt service requirement for the $1. 1 million 1990 Series Tax/WW and Sewer System Revenue Certificates . In prior years, the debt service on this issue had been paid through ad valorem tax. This 6 transfer reclassifies this debt as a Utility Fund supported debt . Impact Fees As of March 31, the City has $338, 893 in water impact fees and $327, 324 in sewer impact fees . The City in FY1991-92 expended $55, 755 sewer impact fees for engineering services on the S-2 sewer line . During the current fiscal year, $24 , 750 has been expended. A portion of these expenditures ($40, 000) are to be reimbursed by the participants with the City in the S-2 Sewer Line, Myers Trust and Southlake Joint Venture . The City' s participation in this joint project has been projected not to exceed $150, 000 . There have been no expenditures in the Water Impact Fee Fund. The City is currently in the process of updating its impact fees, in accordance with State requirements . This update is scheduled for completion no later than August 7, 1993 . FINANCE AND MUNICIPAL COURT Finance Expenditures in the Finance Division are within budgeted amounts . The FY1991-92 audit has recently' been completed by Weaver and Tidwell, the fourth year of their five year contract . Last fall, the Finance Director negotiated an annual fee of $18, 000 plus printing costs with the firm. Prior year' s expenditures had been as high as $22 , 000 . In November 1992, the City received notification that its FY1991 audit had met the requirements for the Certificate of Achievement in Financial Reporting awarded by the Government Finance Officers Association of the United States and Canada. This is the second year the City has received this award. The Division has obtained the cash receipts system as budgeted. The program will computerize the cash receipting function. It is currently in the testing phase, and is scheduled for operation in the near future . 7 746-- Municipal Court Effective March 19, the Court has a new Court Clerk responsible for the operations of the office. The Clerk was previously the Deputy Court Clerk for the City. It is anticipated that the transition will be very smooth. Last year the Division acquired the personal computer-based 'Badge, Inc. ' municipal court program. This program interfaces with the existing Police information system. This system has been very successful from its inception, easing a portion of the data entry requirements for the clerks, plus providing the ability to easily access historical information. 8 /lJ7-f6 CITY OF SOUTHLAKE General Fund and Debt Service Fund Statement of Revenues,Expenditures and Changes in Fund Balance for the period ended March 31, 1993 with Comparative Actual amounts for the period ended March 31, 1992 To Date Percent To Date Actual Percent 1992-93 Actual Collected/ Actual Total Collected/ REVENUES Budget 3/31/93 Expended 3/31/92 9/30/92 Expended Ad Valorem Taxes $2,909,533 $2,751,057 94.6% $2,528,527 $2,739,250 92.3% Sales Tax 579,000 233,995 40.4% 188,050 510,036 36.9% Franchise Fees 304,450 224,862 73.9% 211,041 279,619 75.5% Fines 270,600 93,109 34.4% 112,252 207,499 54.1% Charges for Services 55,750 19,631 35.2% 13,705 47,540 28.8% Permits/Fees 622,150 538,539 86.6% 329,799 791,983 41.6% Miscellaneous 17,340 9,923 57.2% 6,448 42,194 15.3% Transfer In-Other Funds 267,295 0 0.0% 29,451 191,224 15.4% Interest Income 65,000 35,948 55.3% 31,231 75,139 41.6% Total Revenues $5,091,118 $3,907,064 76.7% $3,450,504 $4,884,484 70.6% EXPENDITURES City Secretary $145,599 $67,573 46.4% $53,787 $124,457 43.2% City Manager 141,239 71,444 50.6% 63,396 129,129 49.1% Support Services 509,964 209,355 41.1% 214,351 417,493 51.3% Finance 205,487 119,881 58.3% 109,529 192,339 56.9% Municipal Court 162,858 60,808 37.3% 55,932 145,345 38.5% Fire 569,238 244,861 43.0% 220,144 531,671 41.4% Police 909,333 437,805 48.1% 364,503 825,242 44.2% Public Safety Support 378,852 178,238 47.0% 133,152 340,626 39.1% Building 161,870 81,385 50.3% 60,084 127,329 47.2% Community Development 197,888 111,954 56.6% 67,606 145,414 46.5% Streets/Drainage 883,730 258,513 29.3% 200,937 685,700 29.3% Parks 139,595 34,926 , 25.0% 32,378 101,924 31.8% Public Works Administration 93,739 26,700 28.5% 34,829 69,674 50.0% Debt Service-General Obligation Bonds 916,398 532,376 58.1% 348,433 758,997 45.9% Total Expenditures $5,415,790 $2,435,819 45.0% $1,959,061 $4,595,340 42.6% Excess (deficiency)of Revenue over Expenditures ($324,672)$1,471,245 $1,491,443 $289,144 OTHER FINANCING SOURCES AND (USES) Transfer to other fund $0 $0 $0 ($796) Excess (deficiency)of Revenues and other sources over Expenditures ($324,672)$1,471,245 $1,491,443 $288,348 FUND BALANCE OCT 1 $1,276,569 $1,276,569 $988,221 $988,221 ENDING FUND BALANCE $951,897 $2,747,814 $2,479,664 $1,276,569 CITY OF SOUTHLAKE Water and Sewer Enterprise Fund Comparative Statement of Revenues and Expenses for the period ended March 31, 1993 and March 31, 1992 To Date Percent To Date Total Percent 1992-93 Actual Collected/ Actual Actual Collected/ REVENUES Budget 3/31/93 expended 3/31/92 9/30/92 expended Water Sales-residential $1,677,540 $719,639 42.9% $630,814 $1,557,620 40.5% Water Sales-commercial 419,385 161,251 38.4% 140,563 318,453 44.1% Sewer Sales 205,454 94,171 45.8% 87,022 185,824 46.8% Sanitation Sales 258,000 142,871 55.4% 113,395 235,603 48.1% Other utility charges 145,067 129,755 89.4% 84,936 276,578 30.7% Miscellaneous 22,118 20,970 94.8% 6,895 21,323 32.3% Interest Income 25,970 12,768 49.2% 13,868 35,693 38.9% Total Revenues $2,753,534 $1,281,425 46.5% $1,077,493 $2,631,094 41.0% EXPENSES Water $1,605,572 $508,679 31.7% $463,069 $1,244,888 37.2% Sewer 559,601 343,763 61.4% 417,230 866,652 48.1% Sanitation 232,200 104,748 45.1% 76,201 206,396 36.9% Debt Service- Revenue Bonds 79,719 19,930 25.0% 44,712 89,423 50.0% Other-Line Oversizing 25,000 3,072 12.3% 0 0 0.0% Transfers-other funds 267,295 0 0.0% 0 159,446 0.0% Total Expenses $2,769,387 $980,192 35.4% $1,001,212 $2,566,805 39.0% Net Income/(Loss) ($15,853) $301,233 $76,281 $64,289 FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 4/08/93 REVENUE REPORT _ PERIOD ENDING 3/31/93 PAGE 1 FISCAL MONTH 06 50.00t OBJECT ACCOUNT CURRENT YEAR-TO-DATE ESTIMATED UNREALIZED DESCRIPTION ACTUAL ACTUAL tBUD REVENUE BALANCE 000 NON DEPARTMENTALIZED 100 TAXES 110.00 AD VALOREM/CURRENT 43,080,47 1,818,184.40 97 1,877,484 59,299.60 111.00 AD VALOREM/DELINQUENT 4,223.49 133,580.41 95 140,000 6,419.59 112.00 PENALTY & INTEREST 4,677.76 16,830.97 20 85,000 68,169.03 115.00 SALES TAX 39,350.65 233,995.38 40 579,000 345,004.62 121.00 FRANCHISE-GAS 50,600 50,600.00 122.00 FRANCHISE-TELEPHONE 18,589.14 53 34,800 16,210.86 123.00 FRANCHISE-ELECTRIC 197,022.08 94 208,900 11,877.92 124.00 FRANCHISE-BANK 125.00 FRANCHISE-CABLE 9,251.35 91 10,150 898.65 100 TAXES 91,332.37 2,427,453.73 81 2,985,934 558,480.27 200 FINES 210.00 FINES & FORFEITURES 16,985.00 92,842.75 35 268,800 175,957.25 215.00 TEEN COURT REVENUES 20.00 266.00 15 1,800 1,534.00 200 FINES 17,005.00 93,108.75 34 270,600 177,491.25 300 CHARGES FOR SERVICES 301.00 AMBULANCE 2,580.50 17 15,000 12,419.50 302.00 DISPATCHING 303.00 MUTUAL AID 750 750.00 305.00 SPECIAL SERVICES PROGRAM 8,525.01 17,050.02 49 35,000 17,949.98 320.00 PARK/RECREATION FEES 321.00 BUILDING RENTAL FEES 350.00 FIRE DEPT INCOME 5,000 5,000.00 300 CHARGES FOR SERVICES 8,525.01 19,630.52 35 55,750 36,119.48 400 PERMITS & FEES 410.00 PERMITS-RES NEW SINGLE FAM 42,359.40 241,516.24 74 325,000 83,483.76 410.01 PERMITS-BLDG RES-ALT/ADDN 1,019.00 6,478.80 6,478.80- 410.02 PERMITS-BLDG RES-ACS BLDGS 732.78 1,573.78 1,573.78- 410.03 PERMITS-BLDG COMMRCL NEW 238.00 6,365.00 6,365.00- 410.04 PERMITS-BLDG COMMERCIAL 732.00 2,129.00 2,129.00- 411.00 PERMITS-PLUMBING 6,414.00 35,783.93 72 50,000 14,216.07 412.00 PERMITS-ELECTRICAL 7,653.72 41,660.13 76 55,000 13,339.87 413.00 PERMITS-HEAT & AIR 3,220.50 19,082.00 76 25,000 5,918.00 414.00 PERMITS-SPRINKLER 888.00 3,984.00 100 4,000 16.00 414.01 PERMITS-WATER WELL 90.00 90.00 90.00- 415.00 PERMITS-SITE PLAN 150,00 400.00 40 1,000 600.00 416.00 PERMITS-CULVERT 130.00 390.00 56 700 310.00 416.01 PERMITS-APPROACH 15.00 15.00 15.00- 417.00 PERMITS-POOL 5,309.00 16,707.00 84 20,000 3,293.00 418.00 PERMITS-SIGN 125.00 1,930.00 48 4,000 2,070.00 419.00 PERMITS-HOUSE MOVING 419.01 PERMITS-DEMOLITION 420.00 PERMITS-SOLICITORS 100 100.00 421.00 PERMITS-ALCOHOLIC USE 422.00 PERMITS & FEES-MISC. 200.00 1,980.00 10 19,150 17,170.00 423.00 FEES-ZONING 200.00 1,954.10 22 9,000 7,045.90 FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 4/08/93 REVENUE REPORT PERIOD ENDING 3/31/93 PAGE 2 FISCAL MONTH 06 50.00t OBJECT ACCOUNT CURRENT YEAR-TO-DATE ESTIMATED UNREALIZED DESCRIPTION ACTUAL ACTUAL 'BUD REVENUE BALANCE 424.00 FEES-PLATTING 30,680.00 107,143.00 429 25,000 82,143.00- 425.00 FEES-BOARD OF ADJ 100.00 600.00 38 1,600 1,000.00 426.00 FEES-ZONING SPECIAL EXCEPT 100 100.00 427.00 FEES-STREET LIGHTS 2,000 2,000.00 429.00 FEES-INSPECTION 8,839.93 21,207.06 42 50,000 28,792.94 430.00 FEES-SPECIAL USE ZONING 100.00 20 500 400.00 431.00 FEES-BUILDING 440.00 CONTRACTOR REGISTRATION 2,400.00 27,450.00 92 30,000 2,550.00 400 PERMITS & FEES 111,496.33 538,539.04 87 622,150 83,610.96 500 MISCELLANEOUS 502.00 PERIMETER RD FEE 510.00 MIS-INCOME 340.70 3,427.88 57 6,000 2,572.12 511.00 MIS-VITAL STATISTICS 120 120.00 512.00 MIS-INSPECTION FEES 513.00 MIS-RETURNED CHECK CHG 30.00 90.00 75 120 30.00 515.00 MIS-FEMA FUNDS 516.00 MIS-STREET LIGHTS 517.00 MIS-ZONING 518.00 MIS-BUILDING 146.00 242.00 242.00- 519.00 MIS-POLICE DEPARTMENT 124.00 748.00 50 1,500 752.00 520.00 MIS-SALE OF FIXED ASSETS 530.00 MIS-TOWER LEASE 1,600.00 4,800.00 50 9,600 4,800.00 531.00 MISC-PUBLICATIONS 60.00 615.00 615.00- 500 MISCELLANEOUS 2,300.70 9,922.88 57 17,340 7,417.12 700 OTHER REVENUES 713.00 OPERATING TRANSFER IN 159,446 159,446.00 726.00 LOAN PROCEEDS 700 OTHER REVENUES 159,446 159,446.00 900 INTEREST 910.00 INTEREST EARNED 6,947.20 30,733.25 61 50,000 19,266.75 900 INTEREST 6,947.20 30,733.25 61 50,000 19,266.75 000 • NON DEPARTMENTALIZED 237,606.61 3,119,388.17 75 4,161,220 1,041,831.83 TOTAL GENERAL FUND 237,606.61 3,119,388.17 75 4,161,220 1,041,831.83 ('....:N‘. r • • FUND 400 GO BOND DEBT SERVICE CITY OF SOUTHLAKE REPORT PRINT DATE- 4/08/93 REVENUE REPORT PERIOD ENDING 3/31/93 PAGE 9 FISCAL MONTH 06 50.00t OBJECT ACCOUNT CURRENT YEAR-TO-DATE ESTIMATED UNREALIZED DESCRIPTION ACTUAL ACTUAL %BUD REVENUE BALANCE 000 NON DEPARTMENTALIZED 100 TAXES 110.00 AD VALOREM/CURRENT 13,747.46 753,976.13 93 807,049 53,072.87 111.00 AD VALOREM/DELINQUENT 1,188.01 28,485.61 28,485.61- 100 TAXES 14,935.47 782,461.74 97 807,049 24,587.26 700 OTHER REVENUES 713.00 OPERATING TRANSFER IN 107,849 107,849.00 700 OTHER REVENUES 107,849 107,849.00 800 NON-OPERATING REVENUE 804.00 AD VALOREM - TRANSFER IN 800 NON-OPERATING REVENUE 900 INTEREST 910.00 INTEREST EARNED 1,205.37 5,215.47 35 15,000 9,784.53 900 INTEREST 1,205.37 5,215.47 35 15,000 9,784.53 000 • NON DEPARTMENTALIZED 16,140.84 787,677.21 85 929,898 142,220.79 TOTAL GO BOND DEBT SERVICE 16,140.84 787,677.21 85 929,898 142,220.79 • • • FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 4/08/93 DEPT/CATEGORY EXPENDITURE REPORT PERIOD ENDING 3/31/93 PAGE 1 FISCAL MONTH 06 50.00% ACCOUNT MTD YEAR-TO-DATE ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED %BUD APPROPRIATION BALANCE 500 OTHER EXPENSES .00 .00 .00 0 0 .00 DEPT 000 TOTAL .00 .00 .00 0 0 .00 NON DEPARTMENTALIZED 100 PERSONNEL SERVICES 6,667.77 28,553.04 .00 49 57,872 29,318.96 200 CONTRACTUAL SERVICES 3,666.66 14,070.00 .00 50 28,150 14,080.00 300 LEASE OBLIGATIONS .00 .00 .00 0 0 .00 400 SUPPLIES 1,343.29 5,578.92 .00 38 14,500 8,921.08 500 OTHER EXPENSES 266.36 1,571.10 .00 29 5,500 3,928.90 600 ADMINSTRATIVE EXPENDITURES 876.86 3,397.00 .00 40 8,500 5,103.00 700 MAINTENANCE .00 360.00 .00 75 480 120.00 800 PROFESSIONAL CONSIDERATION 138.37 9,188.74 .00 39 23,747 14,558.26 900 CAPITAL OUTLAY .00 4,854.46 .00 71 6,850 1,995.54 DEPT 100 TOTAL 12,959.31 67,573.26 .00 46 145,599 78,025.74 CITY SEC/MAYOR/COUNCIL 100 PERSONNEL SERVICES 14,455.51 60,356.81 .00 48 126,267 65,910.19 200 CONTRACTUAL SERVICES 21.00 21.00 .00 2 1,000 979.00 300 LEASE OBLIGATIONS .00 .00 .00 0 0 .00 400 SUPPLIES 148.39 773.16 .00 31 2,500 1,726.84 500 OTHER EXPENSES .00 6.89 .00 0 0 6.89- 600 ADMINSTRATIVE EXPENDITURES 1,109.02 4,423.85 .00 211 2,100 2,323.85- 700 MAINTENANCE 23.50 174.52 - .00 29 600 425.48 800 PROFESSIONAL CONSIDERATION 1,425.66 3,736.43 .00 60 6,272 2,535.57 900 CAPITAL OUTLAY 53.00 1,950.87 • .00 78 2,500 549.13 DEPT 103 TOTAL 17,236.08 71,443.53 .00 51 141,239 69,795.47 CITY MANAGER'S OFFICE 100 PERSONNEL SERVICES 2,405.05 5,768.03 .00 27 21,240 15,471.97 200 CONTRACTUAL SERVICES 19,909.35 68,823.07 .00 35 194,000 125,176.93 300 LEASE OBLIGATIONS 3,170.94 20,812.03 .00 57 36,674 • 15,861.97 400 SUPPLIES 196.70 341.26 .00 10 3,500 3,158.74 500 OTHER EXPENSES 6,179.20 38,706.00 .00 39 98,950 60,244.00 600 ADMINSTRATIVE EXPENDITURES 19,474.50- 48,078.50 .00 46 103,450 55,371.50 700 MAINTENANCE 5,221.93 23,496.68 .00 61 38,500 15,003.32 800 PROFESSIONAL CONSIDERATION 144.54 144.54 .00 96 150 5.46 900 CAPITAL OUTLAY 207.00 3,184.88 .00 24 13,500 10,315.12 DEPT 105 TOTAL 17,960.21 209,354.99 .00 41 509,964 300,609.01 SUPPORT SERVICES 100 PERSONNEL SERVICES 12,120.96 52,583.66 .00 49 106,252 53,668.34 200 CONTRACTUAL SERVICES 12,218.06 44,072.89 .00 66 66,500 22,427.11 400 SUPPLIES 204.29 3,994.08 .00 48 8,300 4,305.92 500 OTHER EXPENSES .00 .00 .00 0 0 .00 600 ADMINSTRATIVE EXPENDITURES 106.85 1,727.79 .00 41 4,200 2,472.21 700 MAINTENANCE .00 159.50 .00 53 300 140.50 S FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 4/08/93 DEPT/CATEGORY EXPENDITURE REPORT PERIOD ENDING 3/31/93 PAGE 2 FISCAL MONTH 06 50.008 , ACCOUNT MTD YEAR-TO-DATE ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED %BUD APPROPRIATION BALANCE 800 PROFESSIONAL CONSIDERATION 669.87 2,174.29 .00 35 6,215 4,040.71 900 CAPITAL OUTLAY .00 15,168.66 .00 111 13,720 1,448.66- DEPT 106 TOTAL 25,320.03 119,880.87 .00 58 205,487 85,606.13 FINANCE 100 PERSONNEL SERVICES 10,200.17 42,606.95 .00 50 85,430 42,823.05 200 CONTRACTUAL SERVICES 3,563.75 15,935.00 .00 26 61,750 45,815.00 400 SUPPLIES 166.89 647.21 .00 18 3,500 2,852.79 500 OTHER EXPENSES .00 .00 .00 0 0 .00 600 ADMINSTRATIVE EXPENDITURES 77.05 803.13 .00 13 6,000 5,196.87 700 MAINTENANCE .00 .00 .00 0 3,100 3,100.00 800 PROFESSIONAL CONSIDERATION 401.75 815.75 .00 34 2,378 1,562.25 900 CAPITAL OUTLAY .00 .00 .00 0 700 700.00 DEPT 107 TOTAL 14,409.61 60,808.04 .00 37 162,858 102,049.96 COURT 100 PERSONNEL SERVICES 54,167.58 214,150.31 .00 45 471,041 256,890.69 200 CONTRACTUAL SERVICES .00 300.00 .00 9 3,500 3,200.00 300 LEASE OBLIGATIONS .00 .00 .00 0 700 700.00 400 SUPPLIES 1,814.79 5,258.92 .00 42 12,450 7,191.08 500 OTHER EXPENSES 113.38 562.07 .00 37 1,500 937.93 600 ADMINSTRATIVE EXPENDITURES .00 429.05 .00 54 800 370.95 700 MAINTENANCE 1,874.23 8,112.54 • .00 29 28,200 20,087.46 800 PROFESSIONAL CONSIDERATION 2,203.00 12,818.01 .00 47 27,122 14,303.99 900 CAPITAL OUTLAY 1,426.60 3,230.15 ... .00 14 23,925 20,694.85 DEPT 131 TOTAL 61,599.58 244,861.05 .00 43 569,238 324,376.95 FIRE SERVICES 100 PERSONNEL SERVICES 73,767.52 329,444.93 .00 46 723,394 393,949.07 200 CONTRACTUAL SERVICES .00 748.65 .00 21 3,500 2,751.35 300 LEASE OBLIGATIONS .00 .00 .00 0 0 .00 400 SUPPLIES 297.17 4,743.58 .00 34 13,800 9,056.42 500 OTHER EXPENSES .00 309.08 .00 77 400 90.92 600 ADMINSTRATIVE EXPENDITURES 112.00 1,009.85 .00 50 2,000 990.15 700 MAINTENANCE 3,030.07 29,750.47 .00 47 62,700 32,949.53 800 PROFESSIONAL CONSIDERATION 435.34 10,124.69 .00 36 28,139 18,014.31 900 CAPITAL OUTLAY 53,129.10 61,673.74 .00 82 75,400 13,726.26 DEPT 132 TOTAL 130,771.20 437,804.99 .00 48 909,333 471,528.01 POLICE SERVICES 100 PERSONNEL SERVICES 34,440.06 145,577.79 .00 47 308,667 163,089.21 200 CONTRACTUAL SERVICES 21.00 663.00 .00 33 2,000 1,337.00 300 LEASE OBLIGATIONS 708.48 2,125.44 .00 50 4,250 2,124.56 400 SUPPLIES 645.83 4,391.33 .00 49 9,000 4,608.67 500 OTHER EXPENSES .00 1,417.50 .00 142 1,000 417.50- 600 ADMINSTRATIVE EXPENDITURES 47.85 539.41 .00 26 2,100 1,560.59 FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 4/08/93 DEPT/CATEGORY EXPENDITURE REPORT PERIOD ENDING 3/31/93 PAGE 3 FISCAL MONTH 06 50.00* ACCOUNT MTD YEAR-TO-DATE ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED %BUD APPROPRIATION BALANCE 700 MAINTENANCE 25.34 11,118.61 .00 33 33,500 22,381.39 800 PROFESSIONAL CONSIDERATION 231.94 1,639.11 .00 26 6,335 4,695.89 900 CAPITAL OUTLAY 4,506.85 10,765.55 .00 90 12,000 1,234.45 DEPT 133 TOTAL 40,627.35 178,237.74 .00 47 378,852 200,614.26 PUBLIC SAFETY SUPPORT 100 PERSONNEL SERVICES 14,177.37 64,593.96 .00 50 128,290 63,696.04 200 CONTRACTUAL SERVICES .00 260.00 .00 7 3,600 3,340.00 300 LEASE OBLIGATIONS .00 .00 .00 0 0 .00 400 SUPPLIES 204.72 1,288.40 .00 34 3,750 2,461.60 500 OTHER EXPENSES .00 21.24 .00 21 100 78.76 600 ADMINSTRATIVE EXPENDITURES 38.71 196.07 .00 15 1,350 1,153.93 700 MAINTENANCE 58.44 1,023.40 .00 20 5,050 4,026.60 800 PROFESSIONAL CONSIDERATION 376.18 2,054.53 .00 34 6,030 3,975.47 900 CAPITAL OUTLAY .00 11,947.00 .00 87 13,700 1,753.00 DEPT 142 TOTAL 14,855.42 81,384.60 .00 50 161,870 80,485.40 BUILDING 100 PERSONNEL SERVICES .00 .00 .00 0 0 .00 200 CONTRACTUAL SERVICES .00 .00 .00 0 0 .00 400 SUPPLIES .00 29.50 .00 0 0 29.50- 500 OTHER EXPENSES .00 .00 .00 0 0 .00 600 ADMINSTRATIVE EXPENDITURES .00 .00 - .00 0 0 .00 800 PROFESSIONAL CONSIDERATION .00 .00 .00 0 0 .00 900 CAPITAL OUTLAY .00 .00 .00 0 0 .00 DEPT 143 TOTAL .00 29.50 .00 0 0 29.50- PLANNING & ZONING 100 PERSONNEL SERVICES 24,646.97 122,399.60 .00 45 273,205 150,805.40 200 CONTRACTUAL SERVICES 4,384.10 26,536.10 .00 47 55,900 29,363.90 300 LEASE OBLIGATIONS 15.00 2,110.00 .00 30 7,000 4,890.00 400 SUPPLIES 34.37 110.41 .00 26 425 314.59 500 OTHER EXPENSES 2,199.81 10,433.03 .00 37 28,500 18,066.97 600 ADMINSTRATIVE EXPENDITURES .00 .29 .00 0 0 .29- 700 MAINTENANCE 16,012.43 64,868.37 .00 37 177,500 112,631.63 800 PROFESSIONAL CONSIDERATION 1,339.98 1,927.44 .00 60 3,200 1,272.56 900 CAPITAL OUTLAY .00 30,128.16 .00 9 338,000 307,871.84 DEPT 144 TOTAL 48,632.66 258,513.40 .00 29" 883,730 625,216.60 STREETS 100 PERSONNEL SERVICES 2,148.49 11,980.27 .00 23 53,150 41,169.73 200 CONTRACTUAL SERVICES 460.00 2,910.00 .00 86 3,400 490.00 400 SUPPLIES 295.72 209.36- .00 5- 4,650 4,859.36 500 OTHER EXPENSES 2,458.24 3,621.35 .00 22 16,200 12,578.65 600 ADMINSTRATIVE EXPENDITURES 3.48 19.81 .00 20 100 80.19 700 MAINTENANCE 3,365.37 6,655.96 .00 40 16,600 9,944.04 FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 4/08/93 DEPT/CATEGORY EXPENDITURE REPORT PERIOD ENDING 3/31/93 PAGE 4 FISCAL MONTH 06 50.00k ACCOUNT MTD YEAR-TO-DATE *********** ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED 'BUD APPROPRIATION BALANCE 800 PROFESSIONAL CONSIDERATION .00 16.00 .00 1 1,495 1,479.00 900 CAPITAL OUTLAY 4,576.00 9,931.86 .00 23 44,000 34,068.14 DEPT 145 TOTAL 13,307.30 34,925.89 .00 25 139,595 104,669.11 PARKS AND RECREATION 100 PERSONNEL SERVICES 2,909.96 24,594.04 .00 29 84,564 59,969.96 200 CONTRACTUAL SERVICES 21.00 37.00 .00 4 950 913.00 300 LEASE OBLIGATIONS .00 .00 .00 0 0 .00 400 SUPPLIES 10.03 401.39 .00 50 800 398.61 500 OTHER EXPENSES .00 .00 .00 0 300 300.00 600 ADMINSTRATIVE EXPENDITURES 18.97 135.45 .00 17 800 664.55 700 MAINTENANCE 16.19 53.25 .00 0 0 53.25- 800 PROFESSIONAL CONSIDERATION 99.00 1,479.23 .00 23 6,325 4,845.77 900 CAPITAL OUTLAY .00 .00 .00 0 0 .00 DEPT 146 TOTAL 3,075.15 26,700.36 .00 28 93,739 67,038.64 PUBLIC WORKS ADMIN 100 PERSONNEL SERVICES 17,566.00 70,164.88 .00 53 133,543 63,378.12 200 CONTRACTUAL SERVICES 6,280.00 25,834.61 .00 62 41,400 15,565.39 400 SUPPLIES 477.97 1,413.75 .00 52 2,700 1,286.25 500 OTHER EXPENSES .00 1,012.72 .00 35 2,900 1,887.28 600 ADMINSTRATIVE EXPENDITURES 455.27 3,057.74 .00 53 5,800 2,742.26 800 PROFESSIONAL CONSIDERATION 183.80 1,759.67 - .00 35 5,045 3,285.33 900 CAPITAL OUTLAY 967.47 8,682.06 .00 134 6,500 2,182.06- DEPT 150 TOTAL 25,930.51 111,925.43 .00 57 197,888 85,962.57 COMMUNITY DEVELOPMENT FUND 100 TOTAL• 426,684.41 1,903,443.65 .00 42 4,499,392 2,595,948.35 T v FUND 400 GO BOND DEBT SERVICE CITY OF SOUTHLAKE REPORT PRINT DATE- 4/08/93 DEPT/CATEGORY EXPENDITURE REPORT • PERIOD ENDING 3/31/93 PAGE 12 FISCAL MONTH 06 50.00% ACCOUNT MTD YEAR-TO-DATE ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED %BUD APPROPRIATION BALANCE 500 OTHER EXPENSES 94,960.00 116,158.32 .00 46 250,963 134,804.68 600 ADMINSTRATIVE EXPENDITURES .00 416,217.40 .00 63 665,435 249,217.60 DEPT 000 TOTAL 94,960.00 532,375.72 .00 58 916,398 384,022.28 NON DEPARTMENTALIZED FUND 400 TOTAL 94,960.00 532,375.72 .00 58 916,398 384,022.28 • • FUND 200 WATER FUND CITY OF S O U T H LAKE REPORT PRINT DATE- 4/08/93 REVENUE REPORT , PERIOD ENDING 3/31/93 PAGE 3 FISCAL MONTH 06 50.00% OBJECT ACCOUNT CURRENT YEAR-TO-DATE ESTIMATED UNREALIZED DESCRIPTION ACTUAL ACTUAL %BUD REVENUE BALANCE 000 NON DEPARTMENTALIZED 500 MISCELLANEOUS 510.00 MIS-INCOME 72.00 409.00 7 5,618 5,209.00 512.00 MIS-INSPECTION FEES 20,365.94 128 15,900 4,465.94- 513.00 MIS-RETURNED CHECK CHO 45.00 195.00 33 600 405.00 500 MISCELLANEOUS 117.00 20,969.94 95 22,118 1,148.06 600 UTILITY CHARGES 611.00 WATER SALES-RESIDENTIAL 111,368.71 719,638.70 43 1,677,540 957,901.30 612.00 WATER SALES-COMMERICAL 22,439.97 161,251.45 38 419,385 258,133.55 613.00 WATER TAP 12,240.00 77,520.00 108 72,000 5,520.00- 614.00 BULK WATER 1,394.96 5,158.04 29 17,500 12,341.96 651.00 SEWER SALES 16,028.20 94,171.08 46 205,454 111,282.92 652.00 SEWER TAP 1,650.00 9,975.00 67 15,000 5,025.00 670.00 GARBAGE SALES 24,478.87 142,870.68 55 258,000 115,129.32 670.50 RECYCLING RECOVERY 682.00 METER BOX 35.00 35.00- 691.00 METER TEST 692.00 UNAPPLIED CASH 53.76 15,015.54 15,015.54- 693.00 SERVICE CHARGE 1,335.00 8,015.00 78 10,305 2,290.00 694.00 LATE CHARGES 1,929.03 13,401.89 47 28,262 14,860.11 695.00 DELINQENT ACCT COLLECTIONS 696.00 RECONNECT FEE 45.00 635.00 32 2,000 1,365.00 600 UTILITY CHARGES 192,963.50 1,247,687.38 46 2,705,446 1,457,758.62 800 NON-OPERATING REVENUE 807.00 TRANSFER IN-WW/IMPROVE • 800 NON-OPERATING REVENUE 900 INTEREST 910.00 INTEREST EARNED 2,909.55 12,767.88 49 25,970 13,202.12 900 INTEREST 2,909.55 12,767.88 49 25,970 13,202.12 . 000 • NON DEPARTMENTALIZED 195,990.05 1,281,425.20 47 2,753,534 1,472,108.80 TOTAL WATER FUND 195,990.05 1,281,425.20 47 2,753,534 1,472,108.80 FUND 200 WATER FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 4/08/93 DEPT/CATEGORY EXPENDITURE REPORT PERIOD ENDING 3/31/93 PAGE 5 FISCAL MONTH 06 50.00% ACCOUNT MTD YEAR-TO-DATE ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED %BUD APPROPRIATION BALANCE 500 OTHER EXPENSES 3,071.60 23,001.35 .00 6 372,014 349,012.65 600 ADMINSTRATIVE EXPENDITURES .00 .00 .00 0 0 .00 DEPT 000 TOTAL 3,071.60 23,001.35 .00 6 372,014 349,012.65 NON DEPARTMENTALIZED 100 PERSONNEL SERVICES 30,639.74 161,940.86 .00 53 304,727 142,786.14 200 CONTRACTUAL SERVICES .00 8,587.20 .00 25 35,000 26,412.80 300 LEASE OBLIGATIONS 1,137.00 1,341.30 .00 22 6,000 4,658.70 400 SUPPLIES 7.85 853.30 .00 10 8,700 7,846.70 500 OTHER EXPENSES 36,980.03 242,630.99 .00 24 1,024,320 781,689.01 600 ADMINSTRATIVE EXPENDITURES 890.74 8,651.38 .00 59 14,600 5,948.62 700 MAINTENANCE 12,974.25 43,947.58 .00 73 60,300 16,352.42 800 PROFESSIONAL CONSIDERATION 1,104.12 3,057.25 .00 49 6,300 3,242.75 900 CAPITAL OUTLAY 9,152.45 37,669.44 .00 26 145,625 107,955.56 DEPT 147 TOTAL 92,886.18 508,679.30 .00 32 1,605,572 1,096,892.70 WATER 100 PERSONNEL SERVICES 5,758.25 18,638.90 .00 34 54,689 36,050.10 200 CONTRACTUAL SERVICES 575.00 3,350.00 .00 34 10,000 6,650.00 300 LEASE OBLIGATIONS .00 .00 .00 0 5,000 5,000.00 400 SUPPLIES 229.10 727.48 .00 35 2,100 1,372.52 500 OTHER EXPENSES 1,072.05 5,231.07 .00 45 11,500 6,268.93 700 MAINTENANCE 60,905.36- 306,178.05 ' .00 65 471,412 165,233.95 800 PROFESSIONAL CONSIDERATION 290.00 700.08 .00 58 1,200 499.92 900 CAPITAL OUTLAY .00 8,937.49 • .00 242 3,700 5,237.49- DEPT 148 TOTAL 52,980.96- 343,763.07 .00 61 559,601 215,837.93 SEWER • 200 CONTRACTUAL SERVICES 21,436.84 104,747.69 .00 45 232,200 127,452.31 DEPT 149 TOTAL 21,436.84 104,747.69 .00 45 232,200 127,452.31 SANITATION FUND 200 TOTAL ******** 64,413.66 980,191.41 .00 35 2,769,387 1,789,195.59 1. 131.1 di CITY OF SOUTHLAKE SALES TAX REVENUES six year comparison 1992-93 collected budget balance budget to date balance percent S579,000 $278.172 $300.828 51.96% FISCAL FISCAL FISCAL FISCAL FISCAL :FISCAL YEAR. YEAR %Inc YEAR• % Inc YEAR % Inc YEAR % Inc :,YEAR %Inc MONTH 87/88 88/89 (Dec) 89/90 (Dec) 90/91::.• (Dec) • 91/92°: (Dec) .92,93• (Dec) October $35,715 $27,970 -21.7% $37,776 35.1% $44,081. 16.7% $46731 6.0% $50,956 9.0% November :%22,647.... 15,428 -31.9% •24,573 593% 37,11:7 51.0% 27,929 -24.8% :.::42,126 50.8% • December :::16,321 .17;830 9.2% .::':21,052 18.1% :• 28,464 35.2% 33;273.. 16.9% :;::::33,850 1.7% January ;: 32,703 : 26;756: -18.2% 34,463 28.8% •47,106` 36.7% • 40,012 -15.1% •'., <67 7I3; 69.2% February .: .13,163 . 15;894; 20.7% • 25;594 61.0% 22,487 -12.1% 40;10611 78.4% :39,351 -1.9% March 9,325 14,778 58.5% .30,657 1075% 32,955 7.5% 37,488 13.8% • 44,176 17.8% April • .37,845. .48,635 28.5% • 37,201:. -235% 41,445 11.4% .::57,543:: 38.8% May 15,510`11: •27;824 79.4% 31'5011 13.2% ::36,627: 16.3% 41,020:: 12.0% June <:::.22,195: 24,051:: 8.4% 37,447 55.7% 37, 4' 1.2% 43;105.: 13.8% :r` • July 32,159 ' 38,630 20.1% 51,374 33.0% • .47,017:: -8.5% 51,357 9.2% August 24,175 22;699. -6.1% 31,969 40.8% •35,951. 12.5% 48,731: 35.5% September : 19,141: 31,204 63.0% i 32:499. 4.2% 37,004 13.9% .`42 741 15.5% .;';':. TOTAL •$280,9011.:$311,699 11.0% $396;106, 27.1% $448,148: 13.1% $510;036 13.8% :$278,172 233% REPORT DATE 04/13/93 • //A-al State of Texas Page , 37 Comptroller of Public Accounts City Sales and Use Tax Comparison Summary - April 1993 County/City Current Net Payment Comparable Payment % Change 1993 Payments 1992 Payments % Change Rate This Period Prior Year To Date To Date Tarrant Arlington 1.500% $2,449,001.29 42,296,098.13 6.667. 413,505,969.50 011,563,078.04 16.80% Bedford 1.000% $209,599.44 4203,943.13 2.77% 4996,769.65 41,052,023.38 -5.25% Benbrook 1.000% 437,796.09 438,878.25 -2.78% $215,409.58 4202,024.48 6.63% Blue Mound 1.000% $2,720.11 41,685.70 61 .36% $11,119.03 $10,466.33 6.24% Colleyville 1.000% $62,307.34 445,885.14 35.79% $275,223.51 4229,953.04 19.69% Crowley 1.000% 49,203.15 $9,858.72 -6.65% 457,941.50 455,282.72 4.81% Dalworthington Gdns *1 .500% $19,188.75 $13,968.69 37.37% $99,289.42 454,329.80 82.75% Edgecliff Village 1.000% 41,860.85 43,188.34 -41.64% 417,603.59 420,218.04 -12.93% Euless 1.000% 4159,267.55 4154,433.98 3.13% 4829,904.16 $683,716. 18 21 .38% Everman 1.000% 47,651.93 47,568.75 1.10% 439,136.03 041,593. 13 -5.91% Forest Hill 1.000% $33,703.01 438,086.04 -11.51% $174,375.86 4169,153.83 3.09% Fort Worth 1.000% 42,695,978.09 42,659,120.93 1.39% $13,519,946.39 413,056,092.64 3.55% Grand Prairie *1.500% $595,565.52 4569,610.30 4.56% 42,782,644.33 $2,722,833.54 2.20% Grapevine 1.000% 4278,785.35 4254,359.25 9.60% 41,189,744.50 $1,102,383.01 7.92% Haltom City 1.000% $177,282.63 5162,393.49 9.17% 5840,843.00 $767,272.33 9.59% Haslet 1.000% 5908.29 $689.24 31.78% $4,252.27 $3,476.38 22.32% Hurst 1 .000% $273,345.53 8296,094.79 -7.68% $1,851,933.85 41,995,014.83 -7. 17% Keller *1 .500% 439,860.43 439,871.00 -0.03% 4216,296.07 5155,787.02 38.84% Kennedale 1 .500% 419,285.11 419,939.07 -3.28% $103,356.70 478,769. 14 31 .21% Lake Worth 1 .000% 444,729.82 448,101.13 -7.01% 4241,260.23 4229,698.90 5.03Y.. Lakeside 1.000% $1,887.31 $1,237. 17 52.55% $7,945.63 57,318.96 8.56% Mansfield *1.500% 5102,215.26 559,975.79 70.43% 5559,032.86 5302,987.66 84.51% No Richland Hills *1.500% 4412,261.02 4270,345.59 52.49% 41,860,801.97 41,418,020.64 31.23% Pantego 1.000% 450,310.28 464,905.35 -22.49% 4258,811 .48 5248,539.77 6. 13% Pelican BaY 1.000% $0.00 $0.00 U/C 0370.57 4501.63 -26. 13% Richland Hills 1.000% 473,034.05 977,227.77 -5.43% 4344,063.68 4338,255.09 1 .72% River Oaks 1.000% 413,269.96 411,522.40 15. 17% 460,645.90 450,683.95 19.66% Saginaw 1 .000% 433,272.17 433,214.42 0.17% 4147,411 .36 4144,751.48 1.84% Sansom Park 1.000% 47,742.12 48,012.67 -3.38% 432,316.45 441,993.91 -23.04% Southlake 1.000% 444,175.74 437,488.44 17.84% 4185,089.38 4150,878.39 22.67% Watauga 1.000% 432,737.17 434.536.03 -5.21% 4185,584.78 4189,797.55 -2.22% Westlake 1.000% 46,146.74 46,587.94 -6.70% 431,586.45 433,048.81 -4.42% Westworth Village 1.000% 43,182.93 43,098.61 2.72% 414,552.99 020,440. 14 -28.80'% White Settlement 1.000% $111,779_,73 $104,998,50 6 46% $6p7.79 6 53, Lp _�4_,54% County Total -3`8,018,054.776 $7,576,924.76 5 72'% $41,264,02 .62 S3 ,7 666,6 7.84 9.55/. "U/C" Unable to compute percent change • "*" Refer to the Local Sales Tax Rate Information Report i I CITY OF SOUTHLAKE INVESTMENT REPORT MARCH 31, 1993 MATURES PURCHASED NO OF DAYS RATE CALC INT BANK TYPE ID NO AMOUNT 04/01/93 03/01/93 31 .03756 22,579.16 Texpool 7,077,670 04/01/93 03/31/93 1 .03756 2.32 TexPool Interest 22,579 04/14/93 01/01/93 103 .02700 521.58 Texas National Bank Savings 1761 68,456 04/15/93 10/16/92 181 .02920 4,344.00 Treasury 912793c28 300,000 05/12/93 12/11/92 152 .03000 1,606.86 Texas National Bank Savings 1755 128,619 09/23/93 10/01/92 357 .02820 5,516.38 Treasury 912794e34 200,000 09/23/93 10/19/92 339 .03050 2,832.74 Treasury 912794e34 100,000 Average: 166 .03143 Total: 7,897,324 Count: 6 • • Page 1 C r b , x i a R.L. McPHERSON V. 2867 P. 35 r D.R.T.C.T. F STATE OF COUNTY OF WHEREAS I ADDITION, DOVE ROAD J13EL W .. CH I VERS A-35 0 TO PLAT R SAID TRAC • LARK i N H. CH I'VERS A-3 0 0 COUNTY, T TARRANT C CENTERLINE M — N ROAD,EGINI N 89420'38* E - 266.07 ROAD, S .POINT OF BEGINNING -- ADDITIO — --- ----- _------- — —— — — — — — — — — — n i I OF THE. r--------- Fwnin• 232.71 tP 133:04 133.03 iP I I THENCE FEET T I THENCEO FOUND F 35' B.L.35' B.L. I FOUNDEF THENCE 4 0' B. L L. ( I BEGINNI o NOW THERE I THAT I, S w } LOTSB2-AD Q I I I TARRANT C i LOT 2R-1 L13T 2R-2 I EASEMENTS LOT 1-A LOT 3-A LOT 3-B I RESTRICTM I WITNESS T 1 +rta : r .,y , �x :SOLE OWNER OF LOT 2, BLOCK 1, AMAYA, c� JTHLAKE TARRANT COUNTY, TEXAS, ACCORDING 57, PLAT RECORDS, TARRANT COUNTY, TEXAS, H. CHIVERS SURVEY, ABSTRACT NO. 300, TARRANT :D IN VOLUME _____ PAGE _, DEED RECORDS, IED AS FOLLOWS l f tNER IN THE SOUTH R.O.W. LINE OF DOVE r� #EST CORNER OF SAID LOT 2, BLOCK 1, AMAYA y. r N 89 DEGREES 20 MINUTES 38 SECONDS EAST AID AMAYA ADDITIONI SECONDS EAST ALONG SAID R.O.W. 266.07 SECONDS WEST 380.86 FEET TO AN IRON PIN SECONDS WEST 266.08 FEET TO AN IRON PIN SECONDS EAST 376.59 FEET TO THE POINT OF: LAND, MORE OR LESS. , ►ENTS s r �A JER OF THE ABOVE DESCRIBED PROPERTY, D0 HEREINABOVE DESCRIBED REAL PROPERTY AS ,E IN, AN ADDITION TO THE CITY OF SOUTHLAKE, ; )ICATE TO, THE PUBLIC'S USE THE STREETS AND a NOT ALTER OR REMOVE EXISTING -DEED THIS THE ------- DAY OF_____________, 1993 . 4 THIS DAY PERSONALLY APPEARED BEVERLY ,r V WHOSE NAME IS SUBSCRIBED TO THE ABOVE ' =D TO ME THAT SHE EXECUTED THE SAME FOR :XPRESSED IN THE CAPACITY THEREIN STATED. ]N THIS THE DAY OF -- 19Y93.' ------ F r �S r u `5-vq, lri t y .flyyy'i-j: a t Ili Wit• .�T X-S A k } Fy n ,Q4 • �:a f ;4 r LAT REVISION FS 2R-1 & 2R-2 .i BLOCK 1 . A ADDITION �r . 70 THE CITY OF SOUTHLAKE, ANT COUNTY, TEXAS ' 4: OF LOT 2, BLOCK 1, AMAYA ADDITION, IE CITY OF SOUTHLAKE, TARRANT COUNTY, TO PLAT RECORDED IN VOLUME 388-149, `..4. F RECORDS, TARRANT'CDUNTY, TEXAS, .31 ACRE TRACT OF LAND OUT OF THE g VERS SURVEY, ABSTRACT NO. 300, ARRANT COUNTY, TEXAS RVEY PREPARED 3-2 0-93 k A( �'315a %BINET SLIDE DATE ____ _ f THAT I, CHARLES B. HOOKS, JR., A REGISTERED ID SURVEYOR IN THE STATE OF TEXAS, HAVING JE SUBDIMSION FROM AN ACTUAL SURVEY ON THE .x LOT CORNERS, ANGLE POINTS AND POINTS OF 'ROPERLY MARKED ON THE GROUND. i, JR. DATE )N NO. 3946 k APR 1 31993 l , a I i LEGAL DESCRIPTION I LEE K. WAYNE ZONED: 0-1 LU.D. MIXED USE MRS. E.J. BRYANT ZONED: AG LU.D. LOW DENSITY RESIDENTIAL RUCKER FAMILY LTD. PARTNERSHIP ZONED: AG LU.D. - LOW DENSITY RESIDENTIAL HOWARD O. PANGBURN ZONED: AG LU.D. = LOW DENSITY RESIDENTIAL I 10' TYPE "E" I BUFFERYARD, A GAS METER O LOT 1, BLOCK 1 CHIVERS ADDITION VOL 388-142, PG. 47 P.R.T.C.T. ELFM CORP. ZONED: C-3 LU.D. = MIXED USE S 88*19'00" E 432.60' 5' TYPE "A" BUFFERYARD - ............. ...................................................�..�. • • . . — 15 UTILITY EASEMENT............ ....................................... LOT 1, BLOCK A-80 PECK ADDITION EXISTING ZONING: 0-1 PROPOSED ZONING: CS I EXISTING LAND USE: COUNTRYSIDE BIBLE CHURCH PROPOSED LAND USE: THE CLARIDEN SCHOOL wr 0 ca 6 r z rn P/ON I a- PP : -- -0 ----- y PP Ri PPROX. EXTENT OF TREE COVER PP 0 0 N 16'x10' BLDG. OE---------------------------------- -----0 —� - -- - PP 00, (TYP.) N 'P 0 0 ?0, 20.00' —11� LIGHT STANDARDS J 0 PLANTER O �111� PROPOSED \ CONC. OR ASPHALT 1 \ ACCESS N ONE STORY P BRICK BLDG. Cn 36.90' 76.50' w W 0 0 76.50' PP r PPROX. EXTENT"' OE OF TREE COVER ................... ............................... ...__.,......... PP ...... .. S 89056' 29" W 433.22' 10' TYPE "C" BUFFERYARD WITH 6'-8' WOOD OR MASONRY FENCE EDGAR L MURPHY, JR. ET UX JANET ZONED: SF-1 LU.D. - MIXED USE LOT 2R, BLOCK A-80 PECK ADDITION VOL. 388-178. PG. 50 P.R.T.C.T. LOT 4, BLOCK A-80 PECK ADDITION I VOL 388-137. PG. 61 P.R.T.C.T. P. O.B. FERYARD LOT 1, BLOCK 1 CHIVERS ADDITION VOL 388-142, PG. 47 P.R.T.C.T. L. 0. BRIGHTBILL III ZONED: SF-1 LU.D. = MIXED USE N 0 20' 40' 80' 120' SCALE IN FEET 1» = 40. EAST DOVE STREET DOVE STREET 114 PRIMROSE LANE �Sry�cy�gr WEST HIGHLAND STREET 0 z 0 o m a a a BUFFERYARD REQUIREMENTS PER 100' LINEAR WIDTH LOC TYPE CANOPY TREES UNDER STORY TREES SHRUBS WIDTH NORTH A 1 2 8 5' EAST A 1 2 8 5' SOUTH C 3 4 12 10, WEST E 1 2 8 j 10' N^TE: ALL IMPROVEMENTS SHOWN ARE EXISTING. UNLESS OTHERNISE NOTED. A 2.832 Acre tract of land situated in the L.H. Chivers Survey, Abstract No. 300, Tarrant County, Texas, being a portion of Lot 1. Block A-80, Peck Addition, an addition to the City of Southlake. Tarrant County, Texas, as recorded in Volume 388-137, Page 61, Plat Records, Tarrant County, Texas, which is the some tract of land as described by deed to Countryside Bible Church, recorded in Volume 7009, Page 1607, Deed Records, Tarrant County. Texas, being more particularly described by metes & bounds as follows: BEGINNING at the northeast corner Lot 1. Block A-80: THENCE S 02'05'00" E, along the east line of said Lot 1, 278.75 feet to the northeast corner of Lot 2R of Peck Addition as recorded in Volume 388-178, Page 50, Plat Records, Tarrant County, Texas; THENCE S 89'56'29" W. along the north line of said Lot 2R. 433.22 feet to the east line of White Chapel Road as dedicated by said Peck Addition; THENCE N 01'50'00" W, along the east line of said White Chapel Road, 291.87 feet to the north line of said Peck Addition; THENCE S 88`19'00" E, along the north line of said Peck Addition 432.60 feet to the Point of Beginning. containing 2.832 Acres of land, more or Tess. CONCEPT PLAN FOR A CS ZONING REQUEST OF LOT 1, BLOCK A-80 PEG, ADDITION A i 2.832 ACRE TRACT OUT OF THE LARKIN H. CHIVERs SURVEY, ABSTRACT NO. 300 EXISTING ZONING: 0-1 PROPOSED ZONING: CS r IN THE 1� ` al CITY OF SOUTHLAKE til'i TARRANT COUNTY, TEXAS `�='-`=° ` U ' OWNER: APPLICANT: MIKE JANSZEN LIANA BACCUS RURAL ROUTE 1, BOX 88G 6322 N. MacARTHUR BLVD. KELLER, TEXAS 76248-9749 IRVING, TEXAS 75039 (817) 431-2825 (214) 401-3194 SURVEYOR: i, t ENGINEER: li HORIZON SURVEY COMPANY WASHINGTON & ASSOCIATES, INC. ENGINEERS — PLANNERS 500 GRAPEVINE HWY. SUITE 375 500 GRAPEVINE HWY. SUITE 375 HURST, TEXAS 76054 HURST, TEXAS 76054 (817) 485-0707 METRO 498-3077 (8,17) 485-0707 METRO 498-3077 JOB NO-, Ru: NAM6: DATE: 04/13/93 \ 020--012 \ PZON1 E ., TIME: 7:37 A.M. FIELD NOTE DESCRIPTION Revised Preliminary Plat of OAKWOOD ESTATES - PHASE It 20.418 Acres Boned SF-1A) R.D. Price Survey, Abstract No. 1003 H.A. Throop Survey, Abstract No. 1273 City of Southlake Denton County, Texas March VW Approved PLANNING AND ZONING COMMISSION SOUTHLAKE, TEXAS Chairman Secretary 1993 Approved CITY COUNCIL SOUTHLAKE, TEXAS Mayor Secretary Developer/ VLNIC; Inc Owner 2424 Rogers Fort Worth, Texas 76109 (817) 429-1617 Engineer: GDI and AssociateA Inc. 555 Republic Drive, Suite 201 Plano, Texas 75074 (214) 881-0369 1993 VICINITY MAP FORT WORTH MAPSCO PAGE 12-E LAND USE SCHEDULE LAND USE ZONING # OF LOTS # OF UNITS GROSS DENSITY NET (PROP.) (D.U./ACRE) ACREAGE SINGLE FAMILY RESIDENTIAL SF-1A 15 15 1.36 20.416 Being a 20.416 acre tract of land situated In the R.D. Price Survey, Absract Number 1003 and the H. Throop Survey, Abstract Number 1273, Denton County, Texas and being part of a 31.525 acre tract of land according to the deed recorded in Volume 1360, Page 915 of the Deed Records of Denton County, Texas (DRDCT) and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for the northwest corner of said 20.416 acre tract of land and being located in the westerly line of Oakwood Estates - Phase I according to the plat recorded in Cabinet 1, Slide 210 of the Plat Records of Denton County, Texas (PRDCT) and being located in the north line of a future 60 foot right -of way. Sold point being at the beginning of curve to the right; THENCE along said right-of-way with the arc of said curve a distance of 215.87 feet. Sold curve has a central angle of 19'37'57", a radius of 630.00 feet, and a long chord which bears S 62'07'26" E a distance of 214.82 feet; THENCE continuing along said right-of-way S 5718'27' E a distance 15.85 feet to a 1/2 inch rod found for corner, THENCE N 41'26'27" E a distance of 349.39 feet to a 1/2 inch iron rod found for corner; THENCE N 7457'41" E a distance of 152.49 feet to a 1/2 inch iron rod found for comer, THENCE S SW24'02' E a distance of 639.13 feet to a i/2 inch iron rod found for corner and being located in the westerly line of the Grapevine Reservoir, THENCE following the westerly line of sold Grapevine Reservoir as follows: S O'01'23" E a distance of 325.43 feet to a concrete monument (D-5) found for corner; N 89'56'51" E a distance of 169.90 feet to a concrete monument (D-4) found for corner, N 41'59'49" E a distance of 404.18 feet to a concrete monument (D-3) found for corner, S 8758*21' E a distance of 289.87 feet to a concrete monument (D-2) found for corner, S 42TII'13" E a distance of 686.00 feet to a broken concrete monument with a 1/2 Inch iron rod located in the center found for the southeast corner of said 20.416 acre tract of land; THENCE departing the westerly line of sold Grapevine Reservoir N 8951'50" W a distance of 2420.89 feet to a 5/8 inch iron rod set for the southwest corner of said 20.416 acre tract of land; THENCE N V06'36" E a distance of 292.55 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 20.416 acres or 889,316 square feet of land, more or less. 15 I I 10' UTILITY EASEMENT UUd JUNLb KUAU WILLIAM PHILLIPS SURVEY ABSTRACT NUMBER 1017 I CAB. D, PAGE 198 -------------- I ----- FUTURE 60' R.O.W. -t�1 R.O.W. DEDICATION-1190.00'------------ --0 ------- - - - - - - - - - - - - - - - - INDIAN CREEK ESTATES CABINET D, PAGE 198 (PRDCT) I j �' 16 ZONED: SF1 A / /----------------- / -- 100' B.L.-- ---� / //---110' B.L. ____ 120' B.L. - -130' B.L. - - / i 17 / 7.5' DRAIN AGE/UTiLITY ESMT. / OAKWOOD ESTATES 04 // \ CABINET I, CABINET 210 0 / 18 / / NOTE: ENTIRE TRACT IS TREE COVERED BLOCK ' 1 ' W PROPOSED 60' 15' DRAINAGE/UTILITY ESMT. i RIGHT-OF-WAY/ / // / 7.5' I a POINT OF BEGINNING // ,i // // -�-- --S 89'24'02" E 639.13 -- ---- / , � , �, - - /250.0---- - 225.0 ---' - 140.0 - / I 7.5' DRAINAGE/UTILITY ESMT. 7 � 1 �52 A9 24.1 BLOC K ' 1 ' I 19 I 1� = l CL N c (Q / co 12 o 10 N 13 I ^' ----- -I �------ _ _ -_' / "� `'� < 41 40' BUILDING LI E I rn • BOB JONES ROAD -� �� r /��\ 8 __-------- (MEDLIN ROAD PER PLAT) ---------------- _-_ -_, �N, /y �. 72.2 125.8 163.1 BROOKS W.E. do MARILYN TUCKER VOL. 659, PG. 484 (DRDCT) ZONING: AG LINE BEARING DISTANCE L1 N 8756'51" E 169.90 L2 S 52'18'27* E 15.85 20.0 ACRES VOLUME 659, PAGE 484 (DRDCT) ZONING: AG NOTE: EASEMENT MAY POSSIBLY CHANGE UPON FINAL LAYOUT, FIELD WORK, AND DESIGN. S W5e021" E 289.87 GRAPEVINE RESERVOIR CORPS OF ENGINEERS 10' UTIL. ESMT. S �F 0 50 100 200 iiiiiii SCALE: 1" = 100' CURVE ARC DELTA RADIUS TAN LENGTH C1 215.87 19'37'57" 630.00 109.01 ZONING: MH 0 10 25 A 31 A z O °g �i A 'YPE "C" SUFFERYARD --- -- TYPE "E" BUFFERYARD -- 50 100 LUO= LOW DENSITY RESIDENTIAL N 89022138"E 24E NO EXISTING TREE COVERAGE FM 1709 DIAMOND CIRCLE ESTATES LOT 12, BLOCK 2 SCFEEJING WALL 8 cn M. W 0' 1'? WM. W. HALL N SURVEY A--695 xwnr u.c • rtr.r.t� LOCATION PLAN LUD = MIXED USE 6' WOOD FENCE TYPE "S" BUFFERYARD NOT PLATTED LUD:LOW INTENSITY COMMERCIAL OWNER; HENRY LIAO EXIST'G FIRE HYDRANT TE PLAIN - 10 -, 20.Q' SOUTH ELEVATION LEGAL DESCRIPTION BEING ALL OF LOT 12, BLOCK 2 OF DIAMOND CIRCLE ESTATES ADDITION, TO THE CITY OF " SOUTHi E, TARRANT COUNTY, TEXAS ACCORDING TO PLAT RECORDED IN VOLUME 388-177, PAGE 7 OF THE PLAT FECOFIDS OF TARRANT COL NTY, TEXAS. SENCHMAFK: ICUT IN TOP OF CURB ON EAST SIDE OF ELEV.649.91 DIAMOND BLVD. 75' N. OF FM 1709. NET LAND AREA: 40,054 SQ.FT. BUILDING AREA: 7,969 SQ.FT. LANDSCAPE AREAS: BUFFER YARDS: 5,045 SQ.FT. INTERIOR: 2,766 SQ.FT. R.O.W. CREDIT: 398 SQ.FT. TOTAL: 8,535 SQ.FT. (21%) PARKING: REQUIRED: 40 SPACES PROVIDED: 43 SPACES QVV' RED OAK/LIVE OAK (50% EA.) 0 4' BRADFORD PEAR 2 GALLON OWARF BUFEORD HOLLY @ 24" ON CENTER p 2 GALLON DWARF NANDINA @ 18" ON CENTER Q 2 GALLON NELLIE R. STEVENS HOLLY @ 24" ON CENTER Q 2 GALLON COMPACT NANDINA @ 24" ON CENTER its o III �I I � ' I I I 1.•362 ' i IN A(LL W.W. A-i • r � _ date 03/02/93 • • • — STANDING SEAM METAL FWJOFING %; TUCCO SIGN PANEL A _ ® GLASS M fin. _. Z -- = v o a4 o` vamp o 0UTER;0EUEL0PER: 0 U F 0 R 0 HRRRIS0-N ' 1005 U. 3RO. ST. .... CRRR0LLTO14. TEXAS 75006 Q i2141 242-2822 V CONCEPT PLAN FOR DIAMOND CENTER 10PI a FM 1 709 @ DIAMOND BLUD . APR 121993 SOUTHLRKE, TARRANT COUNTY, TEXAS of