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2001-01-02 CC PacketCity of Southlake, Texas i MEMORANDUM December 29, 2000 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting January 2, 2001 • Agenda Item No. 5A. Approval of minutes of the Regular City Council Meeting held December 5, 2000. If you have any changes to the minutes, please discuss these at the work session or notify Sandy LeGrand prior to the meeting. She will bring the amended minutes to the meeting for your consideration. • Aizenda Item No. 5B. Award of bid to Marrnave. Inc. for Lonesome Dove Park sidewalk construction. SPDC will consider award of this bid at a special meeting held prior to the City Council work session on Tuesday. This bid is for construction of a sidewalk/trail for Lonesome Dove Park. Previous improvements, plus construction of the sidewalk and planned boardwalk, will expend the available funding in SPDC, and is within the budgeted amount. Staff recommends award of the bid to Marpave, Inc. in the amount of $47,340. Please contact Kevin Hugman with any questions. • Agenda Item No. 5C. Award of bid to Botanical Technologies for Bob Jones Park Ph. II improvements. Bids were opened for this project in November, but were significantly above the budgeted amount of $2.4 million. Staff requested SPDC reject all bids and allows staff to work with the engineer to reduce the scope of the planned improvement and delete some items. This was done and the project was re -bid. The low bid of $2,529,041.23 is still higher than budgeted, but staff recommends the difference be taken from the reserve contingency fund in the FY 2000/01 SPDC Capital Projects budget. References have been checked on the low bidder, Botanical Technologies, and staff is satisfied with its previous work experience. Staff recommends award of the bid to Botanical Technologies. SPDC also will consider this item at its special meeting Tuesday evening. Contact Kevin Hugman with any questions. I Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 2, 2001 �, Page 2 of 12 • Agenda Item No. 5D. Resolution No. 00-108, Supporting the recommendations of the North Texas Commission Board of Directors to the 77th Texas Legislature to take certain actions to improve air quality in the State of Texas. A copy of this resolution was included in the Oct. 27, 2000, City Manager's memo. The North Texas Commission is a non-profit, membership - supported organization comprised of a broad base of entities in the North Texas region. In developing the components of this resolution, the NTC worked with the Texas Clean Air Working Group, a statewide coalition of business and civic leaders. A number of cities and organizations have approved a similar resolution, and others have adopted policy statements in different formats, but similar or identical to the policy positions included in the NTC resolution. Upon approval, a copy of the resolution would be forwarded to the NTC, and subsequently to the members of the State Legislature, the offices of the Governor and Acting Lieutenant Governor, and the Texas Transportation Committee. Please contact John Eaglen with questions or comments regarding this item. • Agenda Item No. 5E. Resolution No. 00-109, Supporting the recommendations of the North Texas Commission Board of Directors to the 77th Texas Legislature to take certain actions to improve surface transportation infrastructure in the State of Texas. A copy of this resolution also was included in the Oct. 27, 2000, City Manager's Notes. The NTC worked with the Texas Transportation Funding Coalition, a statewide coalition of organizations and entities, in formulating the components of this resolution. A number of cities have adopted similar resolutions or policy statements in different formats and forwarded a copy to the NTC. Please contact John Eaglen with questions or comments regarding this item. • Agenda Item No. 5F. Resolution No. 01-001, Appointment of Chair to the Tax Increment Reinvestment Zone Number One Board of Directors for 2001. Section 311.009(f) of the Tax Increment Financing Act stipulates that the City Council appoint one member of the TIRZ Board of Directors to serve as chair for a one-year term to begin on January 1. The TIRZ Board of Directors discussed the need to appoint a chair for 2001 at the Dec. 5, 2000, meeting. Please contact John Eaglen with any questions or comments regarding this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 2, 2001 Page 3 of 12 • Agenda Item No. 5G. Authorize the Mavor to enter into a ScoDe of Service ALYreement with the Southlake Chamber of Commerce for 2001. This is basically the same service agreement used in past years. The amounts in the agreement are the amounts approved in the budget. Cooperation coronation with the chamber has continued to increase over the years. Contact Greg Last or Stefanie Wagnor if you have any questions regarding this agreement. • Agenda Item No. 5H. Authorize the Mayor to enter into a lease purchase agreement between Government Capital Corporation and the City of Southlake for a Model 2001 Lance Custom Pumper with Quantum Option Fire Truck. The Department of Public Safety currently has two pumpers, one 18 years old and the other 13 years old. Staff has researched and developed a replacement schedule for all DPS vehicles and apparatus. The current schedule shows the 18- year-old pumper placed in reserve status last year and will be sold. The acquisition of this new pumper will replace the 18-year-old vehicle and allow a front-line pumper to be placed at the West DPS facility when it opens in December 2001. Council approved the lease -purchase option in September 2000, when the budget was adopted, in the amount of $69,000. This lease - purchase option is presented to you as $65,150.74 annually for an eight -year commitment. If you have comments or questions, please contact Chief Rick Black. • Agenda Item No. 5I. Approval of 2001 Planning and Zoning Commission Submittal and Meeting Schedule. This schedule indicates proposed P&Z and City Council meeting cancellations due to meetings occurring on or near holidays. A draft schedule is included with your packets. If you have any questions regarding this item, please contact Bruce Payne. • Agenda Item No. 5J. Variance to Subdivision Ordinance No. 483, as amended, Section 4.01(1)2, Plat Expiration for Case No. ZA 99-096, Final Plat, Sabre Group Campus. Sabre is requesting an extension on the validity of its final plat until Sept. 15, 2001. This is to allow more time to finish construction of utilities and roadways so that all easements can be accurately Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 2, 2001 Page 4 of 12 reflected on the final plat. If you have any questions regarding this item, please contact Bruce Payne. • Agenda Item No. 5K. ZA 00-123, Plat Vacation of Lots 1 and 2, Simmons Addition. This property is located on the north side of Rain Forest Court and on the south side of Brookwood Street, east of Shady Lane and north od SH 114. The purpose of this request is to eliminate the lots and easements created by the original Simmons Addition plat in order to file a recently approved Final Plat re -developing the property. The City Council approved a Preliminary Plat for thirteen one -acre residential lots for this property in August and the P&Z approved a Final Plat for the property Dec. 7, 2000. Approval of this plat vacation was a condition of approval for the Final Plat . There are no unresolved issues related to this request. The P&Z Commission recommended approval (7-0) on Dec. 7, 2000. Please contact Bruce Payne with questions on this item. • Agenda Item No. 7A. Ordinance No. 480-351, 2°d Reading, (ZA 00-084), Rezoning and Concept Plan for Emerald Estates South, on property described as Lot 2, Block 1, Emerald Estates South. This property is located on the north side of East Dove Street approximately 120' east of North Carroll Avenue, directly south of the Emerald Estates residential neighborhood. The original zoning request for the property was "SF-20A." After discussion with the P&Z the applicant agreed to amend the request to "SF-30." The plan before you reflects this change. The applicant is requesting the following variances: - Right-of-way for East Dove Street in compliance with the City's Master Thoroughfare Plan, Subdivision Ordinance No. 483, Section 5.02D, in lieu of providing a 6' pedestrian access easement. - Variance to lot width measured at the minimum front building setback line. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 2, 2001 *4.. Page 5 of 12 - Building setback reduction along the side street of corner lots. - Relief from staffs recommended use of Common Access Easements. On Nov. 9, 2000, the Planning and Zoning Commission recommended approval (4-0) subject to Concept Plan Review Summary No. 4, dated Nov. 3, 2000, amended as follows: - To allow the change to "SF-30" zoning; - to allow the variance to R.O.W. on East Dove Street, providing 6' pedestrian access easement; - to allow the variance to the 100' lot width requirement, with the minimum being 75 % - and to accept the applicant's commitment to work with the surrounding residents on drainage to maintain as many trees as possible and to ensure that the canopy remains on Dove Street. The Commission discussed the applicant's request to allow side yard set back reductions and relief from staff's recommended common access easements and did not appear to have an issue with the applicant's request. However, the Commission took no action on these items. This is believed to be an oversight rather than deliberate. Should the City Council desire to allow relief from the recommended common access easements, staff feels at the very minimum that adequate off-street maneuvering area must be provided within each lot to prevent vehicles from backing onto Dove Street. These designs should be subject to approval by the Director of Public Works. The City Council approved the first reading of this item (5-2) on Dec. 5, 2000, subject to the review, amended as follows: - providing for a minimum lot width measured at the building setback line of 100' for Lots - leaving the building setback side yards at 35' for Lots 3 & 7; Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 2, 2001 Page 6 of 12 - providing a single access from Dove Road for Lots 9-12; - allowing a drive for Lot 13 off of Dove Road; - noting in the deed restrictions (or covenants) for the property to the residents that there is a right-of-way along Dove Road of whatever width back from the edge of the roadway, so that they will know where their property actually begins; - adding a variance to the right-of-way dedication as requested, in lieu of a public easement for sidewalks as proposed by the applicant; - and understanding that the developer is going to have a meeting with the property owners to the rear, explaining the action taken by the City Council tonight in requiring a single access off of Dove for Lots 9-12. The plan before you shows a one -lot reduction in the number of lots fronting Dove Road east of the proposed cul-de-sac. This plan also shows two common access easements to provide access to the eastern four lots. If you have any questions regarding this item, please contact Bruce Payne. • Agenda Item No. 7B. Ordinance No. 480-352, 2' Reading, (ZA 00-111), Rezoning on property described as Tracts 3 & 3F and a portion of Tract 4C, situated in the Rees D. Price Survey, Abstract No. 1207, and being 30.138 acres. This 30.138-acre property is located on the east side of North White Chapel Boulevard approximately 700' north of Sweet Street. It encompasses the Calli fish farm and the southwest portion of Camp Burnett. The requested zoning is "SF-lA" Single Family Residential District. On Nov. 9, 2000, the Planning and Zoning Commission recommended approval (4-0). On Dec. 5, 2000, the City Council approved (7-0) subject to the requirement of the disclosure statement to the homeowners of the existence of the requirements, as noted in the letter from DFW Airport Board, regarding the avigation easement and mandatory building shell noise reduction being enforced with the final building plans and verified during the during inspection Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 2, 2001 Page 7 of 12 process in accordance with Ordinance No. 479. If you have any questions regarding this item, please contact Bruce Payne. • Agenda Item No. 7C. Ordinance No. 762, 2"d Reading, Amending the Code of Ordinance of the City of Southlake, Texas by adopting the 1997 Edition of the Uniform Fire Code, Volumes 1 and 2 and repealing Ordinance No. 572. The City of Southlake currently operates under the 1991 edition of the Uniform Fire Code. Staff continues to research the newly released 2000 international edition and recommends adopting the 1997 edition, at this time adoption of the 1997 edition also will align the fire code with the current 1997 building, mechanical and electrical code already adopted. Cities that have adopted the 97 UFC, including the requirement for residential sprinklers, include Allen, Keller, Plano, and Trophy Club/Westlake. Kitchen fires continue to be the worst threat to human life in homes. In addition, the sprinkler requirement would assist firefighting crews in extinguishing a fire prior to a "flash over" phase, which continues to be one of the greatest threats to firefighters' lives. Many cities have attempted to create a zero -square -foot requirement for residential sprinkling. Staff concurs with the intent, but finds that this requirement is not economically viable today. Currently, commercial buildings are held to a 6,000-square-foot requirement for purposes of sprinkling, and staff recommends the same for residences of this size or greater. Contact Chief Rick Black with questions on this item. • Agenda Item No. 8A. ZA 00-120, Preliminary Plat of High Point, on property described as Tracts 3A, 3A1, 3A1A, 3A1B, 3A1C, 3A2, 3E, and 3E1, Littleberry G. Hall Survey, Abstract 686, being 17.950 acres. This property is located on the west side of Shady Oaks across from Love Henry Court. The current zoning is "SF-1A" Single Family Residential District; "SF-20A" Single Family Residential District; and "SF-30" Single Family Residential District. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 2, 2001 Page 8 of 12 On Dec. 7, 2000, the Planning and Zoning Commission recommended approval (7-0) subject to Plat Review Summary No. 2, dated Dec. 1, 2000, and to accept the applicant's willingness to provide 4' sidewalk connecting Shady Oaks to Southridge Lakes through this development. This is the preliminary plat for the zoning and concept plan which City Council approved in October of this year. The plat is in compliance with the concept plan. The only unresolved issue is in the applicant's acquiring pedestrian access easements and agreements with South Ridge Lakes property owner(s) to the west for a sidewalk connection. This was a condition of the Concept Plan approval. The plat shows two alternate locations for the sidewalk. The applicant is currently working with adjacent owners. If you have any questions regarding this item, please contact Bruce Payne. 0 Agenda Item No. 10A. Approval of Library Policies. These are the same policies that were previously put in your packet for review. The Library Board has recommended for approval (7- 0) the policies as presented. The policies were developed from American Library Association (ALA) and Texas Library Association (TLA) model policies. Contact Kevin Hugman with questions about this item. • Agenda Item No. 10B. Request for a variance to Sign Ordinance No. 704-A for Kumon Math and Reading Center located at 2120 East Southlake Boulevard, Suite A (Village Center) to allow an oversized attached sign. Kumon Math and Reading Center has applied for a variance to allow a sign to be 42.75 square feet instead of the 26.6 square feet allowed by the sign ordinance. This request is part of relocation to a larger space within the Village Center shopping center. The center was developed in 1996 when the sign ordinance allowed twice as much sign area. Contact Malcolm Jackson with questions on this item. • Agenda Item No. IOC. Request for a variance to Sign Ordinance No. 704-A for Fitness HQ located at 2800 East Southlake Boulevard (Gateway Plaza) to allow an additional attached sign on the east elevation. Fitness HQ is located in the southwest part of Gateway Plaza Phase I. The Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 2, 2001 �._.. Page 9 of 12 front of the building faces Southlake Boulevard. However, there is no parking provided on that side. The request is for an additional attached sign on the west side of the building. Contact Malcolm Jackson with questions on this item. • Agenda Item No. 10D. Authorize the Mayor to execute a developer agreement for Timarron Clubhouse Estates and East Continental Boulevard bridge replacement. The final plat for Timarron Clubhouse Estates, a seven -lot subdivision, was approved on Sept. 21, 2000. The addition consists of a short cul-de-sac with accompanying water and sanitary sewer lines. Completing the Timarron development, the developer has agreed to replace the narrow bridge on East Continental Boulevard with two 8'x 6' pre -cast box culverts, and will also widen the roadway in the vicinity of the bridge for safety. The developer is replacing the old bridge at its cost and is asking for a waiver of the inspection fees and administrative processing fees for the City's participation. As you will recall, this is a very narrow bridge where numerous accidents have happened. If you have any questions regarding this item, please contact Charlie Thomas. 0 Agenda Item No. 10E. Authorize the Mayor to enter into an engineering services contract between Graham Associates, Inc. and the City of Southlake, City of Keller, and the Town of Westlake for engineering for the construction documents and right-of-way documents for FM 1938, Precinct Line Road, from SH 114 to FM 1709. In follow-up to Resolution 00-74 adopted by Council on Aug. 15, 2000, Westlake, Keller and Southlake are seeking to engage the services of Graham Associates, Inc. to develop design and construction documents for the proposed extension of FM 1938. This item is to authorize the City Manager to enter into a joint professional services contract with Westlake and Keller and with Graham Associates, Inc., in order to produce such documents suitable for submission to TxDOT. The total contract amount with Graham Associates is $1,309,238. Southlake's share of the cost is approximately $113,434. The FY 2000-2001 budget allocated $150,000 for this project. Contact Bruce Payne with questions about this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 2, 2001 Page 10 of 12 • Agenda Item No. 11A. Electronic Voting System. This item will not be discussed Tuesday night. Councilmember Rex Potter asked that I remove it from the agenda, however, I did not get the message to the City Secretary's office prior to the agenda being posted. OTHER ITEMS OF INTEREST • Charter cable rate increase. Attached to my memo is a letter from Charter Communications announcing a rate increase effective Feb. 1, 2001. Our franchise agreement with Charter allows the company one increase per year, and the most recent increase was in February 2000, so this increase does meet the franchise requirements. Federal law only allows local governments to regulate the rate for basic cable service. Since the entire $5 monthly increase is on expanded basic service, no Council approval is required to implement the increase. As pointed out in the Charter letter, Southlake customers also have enjoyed reduced rates for additional converter boxes. That was negotiated into the contract by the city because so many residents were upset about having to use converter boxes at all. That reduced rate was effective through the end of 2000, so Southlake customers now will be subject to the regular rate. Keep in mind, however, that by the time this rate increase goes into effect our residents who do not receive premium, pay -per -view or digital service should be able to get rid of their converter boxes. One other note of interest for Council is that we are close to having a draft franchise agreement to submit to Wide Open West, a company that wants to build a fiber optic network and compete directly with Charter Communications in Southlake. Sometime early next year we should bring to Council a contract with Wide Open West that will create true direct cable competition within the city. Please call our cable administrator, Public Information Officer James Kunke, if you have any questions. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 2, 2001 Page 11 of 12 • The Economic Development Department was recently approached by a representative of the Remington Retirement Community to discuss development options for the facility planned on FM 1709 south of Jellico Circle West. Any Councilmembers interested in an informal meeting with ED staff and Remington representatives are encouraged to contact Stefanie Wagoner. • Town Hall Issues. As requested, please note the memo from Councilmember Rex Potter attached to my memo. • FYI: Carroll / 1709 LTD. Vs. The Board of Adjustment of the City of Southlake. We have received a copy of the Agreed Final Order of Dismissal regarding this issue. • Also attached to my memo: - KSB Newsletter - The Redbud of Southlake - Calendar of Meetings / Events - KUDOS Staff Extension Numbers: Black, Rick, Interim DPS Director, 481-2406 Campbell, Billy, City Manager, 481-1409 Eaglen, John, Assistant to the City Manager, 481-1433 Elam, Sharen, Finance Director, 481-1713 Farahnak, Pedram, Public Works Director, 481-2308 Hugman, Kevin, Director of Community Services, 481-1527 Jackson, Malcolm, Chief of Building Services, 481-5543 Kunke, James, Public Information Officer, 481-1456 Last, Greg, Director of Economic Development, 481-1671 LeGrand, Sandra, City Secretary, 481-1519 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting January 2, 2001 Page 12 of 12 Payne, Bruce, Planning Director, 481-2306 Thomas, Charlie, City Engineer, 481-2175 Wagoner, Stefanie, Economic Development Specialist, 481-1676 Yelverton, Shana, Assistant City Manager, 481-1429 4 Charter COMMUNICATIONS' A WIRED WORLD COMPANY December 14, 2000 The Honorable Rick Stacy City of Southlake 1725 E. Southlake Boulevard Southlake, TX 76092 Dear Mayor Stacy: f DEC 1 8 2000 OFFICE OF CITY SECRETARY COPY, Effective February 1, 2001, Charter Communications will adjust the rates in the City of Southlake as reflected on the attached rate listing. Effective also in February, Charter Communications will complete a full realignment of the channels of all communities served from the Fort Worth headend to comply with the FCC mandate to provide full equipment compatibility. One major benefit of this realignment for many customers will be the removal of the requirement of a converter interface device to receive programming other than premium movie channels, pay -per -view movies and events, and Charter Digital service. Charter customers in the City of Southlake enjoyed a unique discount on converter rates through year-end, 2000. Please be aware that this rate will change effective with the February adjustment. Customers who choose to retain their analog converters will receive each at the standard Fort Worth metro rate of $2.95 each. Customers will receive notice of the rate change thirty days prior to the effective date. Notice of the channel realignment will be extensive and include direct mail, bill notices and on -screen messaging. If you have questions concerning these changes, please direct them to Sherry Geamer at (817) 509-6272, extension 3313. Sincer 7, Terry ennedy Group Vice President Operations — Texas TK:jb Enclosure 4800 Blue Mound Road • Fort Worth, Texas 76106 www.chartercom.com • tel: 817.509.6272 • fax. 817.626.1259 A Rate Adjustment - February 2001 Current Rate Rate Effective 2/2001 Headend Basic Exp. Basic Total Basic Exp. Basic Total Benbrook 11.01 22.94 33.95 11.29 27.66 38.95 Bluemound 11.01 22.94 33.95 11.75 27.20 38.95 Burleson 11.01 22.94 33.95 11.29 27.66 38.95 Crowley 11.01 22.94 33.95 11.75 27.20 38.95 Edgecliff Village 10.59 23.36 33.95 11.29 27.66 38.95 Everman 11.52 22.43 33.95 11.75 27.20 38.95 Forest Hill 11.52 22.43 33.95 11.75 27.20 38.95 Fort Worth 11.52 22.43 33.95 11.75 27.20 38.95 Haltom City 11.01 22.94 33.95 11.29 27.66 38.95 Haslet 13.45 20.50 33.95 13.45 25.50 38.95 Hurst 11.01 22.94 33.95 11.75 27.20 38.95 Keller 11.52 22.43 33.95 11.75 27.20 38.95 Kennedale 11.01 22.94 33.95 11.75 27.20 38.95 Lake Worth 11.01 22.94 33.95 11.29 27.66 38.95 Mansfield 11.52 22.43 33.95 11.75 27.20 38.95 Marshall Creek 13.45 20.50 33.95 13.45 25.50 38.95 North Richland Hills 11.01 22.94 33.95 11.75 27.20 38.95 Northlake 13.45 20.50 33.95 13.45 25.50 38.95 Richland Hills 11.01 22.94 33.95 11.29 27.66 38.95 Roanoke 13.45 20.50 33.95 13.45 25.50 38.95 Saginaw 11.52 22.43 33.95 11.75 27.20 38.95 Southlake 13.45 20.50 33.95 13.45 25.50 38.95 Trophy Club 13.45 20.50 33.95 13.45 25.50 38.95 Watauga 11.52 22.43 33.95 11.75 27.20 38.95 Weatherford 10.59 23.36 33.95 10.80 28.15 38.95 Westover Hills 11.52 22.43 33.95 11.75 27.20 38.95 White Settlement 11.52 22.43 33.95 11.75 27.20 38.95 Other Adjustments Current Rate Rate Effective 2/2001 Analog Box 3.77 2.95 Digital Box 8.95 6.95 Digital Basic Service 4.95 6.95 Wire Maintenance .99 2.99 Page 1 of 2 MEMORANDUM December 29, 2000 To: Mayor & City Council Members From: Rex Potter, Southlake City Council Member, Place 1 Subject: Town Hall Issues Some issues have serviced in regards to the office for the Mayor and City Council members in the newly constructed Town Hall. As such, I think it appropriate to convey these issues to each of you, summarize the concept and rationale given to the design of this area within the City Manager's Suite, clarify any misunderstandings, and to solicit your comments. Last week the Mayor directed staff to remove the recently purchased Executive Reception Area furniture. As a result, the furniture was move to some staff members' offices. Although the Mayor has not discussed this subject with me, it appears he doesn't like the look of the previously selected furniture and wants it to be replaced. I'm not sure whether the Mayor wishes to have additional furniture purchased or he plans to bring in his own office furniture. In either case, this awkward situation raises several questions, which we as an elected body should address. The first issue deals with whether the Mayor should have his/her own office in Town Hall. Fundamentally, I do not believe that any one Southlake elected official needs to have an office for their sole use. The approach we took was to have the Mayor and City Council provided an executive setting to be able to meet individually with residents, developers, staff, businesses, and others regarding city activities and business. Alternate approaches would have included one office for each elected official or to have one office for the Mayor and one office for the City Council. I believe either alternate approach would have resulted in inefficient and inequitable use of Town Hall space. In lieu of adding multiple offices, one designated area was chosen, which is presently called the "Executive Reception Area." This approach was considered the most fair and reasonable for all the elected officials. By the way, we could have called this office the Mayor/Council Office, but doing so could possibly dissuade staff from using the office when not in use by the Mayor or the City Council Members. Again, we want to get the maximum and most efficient use from our Town Hall. Please let our City Manager know your preferences and any other considerations, which should be addressed. If necessary, we can have this issue placed on our City Council agenda as a discussion item. W Page 2 of 2 The second issue deals with the removal and replacement of the already purchased �- furniture for the Executive Reception Area. As I have mentioned to a number of you, I did not relish the responsibility of picking the furniture for this or any office in the Town Hall. In my opinion, this was a no -win situation. Fortunately, I had Commissioner Whitley's and each of our staffs help. It was a very difficult and time consuming process, which balanced cost, quality, style, color, etc. We have tried to keep a consistent and professional look throughout the Town Hall. Taking all this into account, our furniture selection was limited. For the most part, I believe the Town Hall furniture is coming together rather well. Although the furniture we selected for this office did not exactly look like the furniture in the sales brochure, I do believe it is nice furniture. I realize we all have different tastes and preferences, I would have gladly let the Mayor or any Council Member pick the furniture for this or any other room. On a couple of occasions, I commented to the Mayor that I would welcome his furniture expertise in dealing with the Town Hall furniture selection. Since he did not come forward, I just assumed what we picked was acceptable. Notwithstanding, I respect the Mayor's knowledge and taste in furniture. He apparently has expressed a dislike of the selected furniture and I want to be responsive to his concerns. However, we now have the issue of additional cost. In addition, this furniture is an executive style of furniture, which has limited uses. Although I consider the repurchase of additional furniture for this office to be a waste of money, I will go along with whatever the majority of the Council wishes. Very simply, if this is the only significant furniture issue that arises, I will count my blessing and be thankful. Please let our City Manager know your preferences and any other considerations, which should be addressed regarding this issue. If necessary, we can have this issue placed on our City Council agenda as a discussion item. It's unfortunate that such issues are now surfacing. However, I believe that we can work through them with a little patience and consideration on all our parts. Should you have any questions or need clarification, please give me a call. Regards, Rex City of Southlake, Texas MEMORANDUM December 28, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (x 1527) SUBJECT: Award of bid to Marpave, Inc. for Lonesome Dove Park Sidewalk Construction Action Requested: City Council award of bid to Marpave, Inc. in the amount of $47,340 for the construction of a concrete sidewalk in Lonesome Dove Park. Background Information: Lonesome Dove Park is an eight (8) acre neighborhood park located in the northeast section of the City in the Lonesome Dove Estates sub -division. The park includes a pavilion, picnic tables, benches, playground with swings, parking lot, and open space. The proposed sidewalk would circle predominantly around the exterior of the park and provide approximately .45 miles of walking/running surface. The concrete sidewalk would be six feet in width and would tie into the existing sidewalk to the east. The southern portion of the sidewalk along Emerald Estates would be placed north of the existing berm in order to provide adequate buffer for the adjacent homeowners to the south. A boardwalk eight feet in width and approximately 100 feet in length will be featured within the storm water detention area. Financial Considerations: Funding in the amount of $60,000 has been allocated in the fiscal year 1998-99 SPDC budget for improvements at Lonesome Dove Park. Escrowed funding from the developer equals $3,375. The low bid submitted by Marpave, Inc. for concrete improvements total $47,340. The low quote submitted by American National Fence for construction of the boardwalk totals $12,500. Additional items have been completed at a cost of $3,345. With award of this bid and construction of the boardwalk, there will be a balance of unexpended funding of $190. Citizen Input/ Board Review: Staff met with SPIN #3 to introduce the trail project and to gather comments. During the meeting, it became necessary to create a committee to develop a consensus toward trail alignment and amenities. Committee members included: Augie Schilling, Joe Mast, Ed Ramesh, Mike Howe, and Susan Colon. On September 28, 2000, staff presented the revised trail project to SPIN #3. In addition to the boardwalk, amenities requested by the residents as bid alternates included: concrete drainage pilot channel and sidewalk concrete stain and/or stencil. The stain and/or stencil alternate will not be incorporated with the requested improvements due to budget constraints. L Kevin Hugman, Director of Community Services December 28, 2000 Page 2 Park Board approved the trail design at their October, 2000 meeting. Legal Review: Process followed State bidding procedures. Alternatives: Approve or reject the bids as submitted. Supporting Documents: Bid tabulation. Staff Recommendation: City Council award of bid to Marpave, Inc. in the amount of $47,340 for the construction of a concrete sidewalk in Lonesome Dove Park. 5r-z, -2 City of Southlake, Texas MEMORANDUM December 28, 2000 TO: Kevin Hugman, Director of Community Services FROM: Ben Henry, Park Planning and Construction Superintendent SUBJECT: Lonesome Dove Park Concrete Sidewalk Bid Tabulation In accordance with state bidding guidelines, the referenced project was advertised and bids were opened December 12, 2000. Plans and specifications were acquired by (21) contracting companies. Ten (10) bids were submitted as tabulated below: Company Bid #1 Bid #2 Total Marpave Inc. $43,390 $3,410 $47,340 Onycha Industries $44,660 $3,300 $47,960 Sierra Contractors $48,950 $4,600 $53,550 B.T. Construction $48,300 $8,250 $56,550 R-Con Inc. $51,750 $5,087.50 $56,837.50 Tri-Dal $54,067 $4,600 $58,667 J.L. Steel $59,898 $6,573 $66,471 M.A.Vinson $64,975 $4,262.50 $69,237.50 Jeske Construction $72,000 $5,200 $77,200 R.B.I. $69,575 $8,937.50 $78,512.50 Bid Item 41 represents 2300 11 of concrete sidewalk to a 6-foot width. Bid Item 42 represents 275 l.f. of drainage pilot channel to a 24-inch width. 6 5-73-3 1 City of Southlake, Texas MEMORANDUM December 28, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (xt. 1527) SUBJECT: Award of bid to Botanical Technologies for Bob Jones Park Phase II Improvements Action Requested: City Council award of bid to Botanical Technologies in the amount of $2,529,041.23 for construction of Bob Jones Park Phase I1 Improvements. Background Information: Staff has been working with the engineering firm of Cheatham and Associates on the design of the next phase of improvements for Bob Jones Park. The major components of the project include six (6) practice ballfields, parking lots, small pond, amphitheater, multi -use trails (hard and soft), concession/restroom building, pavilion/boardwalk, day camp area, a portion of the loop road, and associated infrastructure. Additional deductive alternates such as benches and trash receptacles were also included as part of the bid. The engineering estimate on the base items of the project was approximately $2.4 million. The City received and opened three bids on December 28, 2000 in accordance with State bidding procedures. Bids on the project ranged from a high of $3,179,228.25 to a low of $2,529,041.23, with low bid being submitted by Botanical Technologies. Botanical Technologies is a firm known for having constructed numerous parks and park related facilities. They have completed work for such entities as the City of Fort Worth, City of Greenville, City of Brownsville, and the City of Dallas. A reference check was performed with the aforementioned entities and Botanical Technologies has earned a reputation for providing professional, quality workmanship. Financial Considerations: Funding in the amount of $2.4 million is currently available for this project in the SPDC fund. Low bid was submitted in the amount of $2,529,041.23. The approved SPDC CIP allocates funding of $2,403,748 for construction of this phase ($832,000 from FY 98/99 and $1,800,000 from FY 2000/01, less engineering fees and Corp of Engineers tree mitigation costs). The approved FY 2000/01 CIP also allocated $290,760 for reserve contingencies. Staff recommends that this reserve contingency be used to meet the additional funding needed for this project. 5Cr• - f / Billy Campbell, City Manager December 28, 2000 Page 2 An additive alternate was included to price a concrete header on each edge of the loop road, which was discussed by SPDC at the November 16 meeting. Should SPDC include this item, the contract award amount would increase $32, 850 for a total amount of $2, 561, 891.23 . Citizen Input/ Board Review: The Southlake Parks Development Corporation (SPDC) will consider this item prior to the January 2, 2001 City Council meeting. Legal Review: Process followed State bidding procedures. Alternatives: • Approve base bid as submitted. • Approve base bid plus alternate for concrete header for loop road • Reject all bids Supporting Documents: Bid Tabulation Staff Recommendation: City Council award of bid to Botanical Technologies in the amount of $2,529,041.23 for construction of Bob Jones Park Phase II Improvements. City of Southlake COMMUNITY SERVICES DEPARTMENT BID TABULATIONS PROJECT NAME: Bob Jones Park Improvements PROJECT NO: 01302004A DATE: December 28, 2000 ENGR. EST.: $ 2,400,000 Vendor Bid Bond (5%) PIA Total Randall & Blake Inc. x $ 3,179,228.25 Architectural Utilities Inc. x $ 2,819,707.51 Botanical Technologies Inc. x $ 2,529,041.23 I I 06.63-0003 SC-3 City of Southlake, Texas MEMORANDUM December 29, 2000 TO: Billy Campbell, City Manager FROM: John Eaglen, Assistant to the City Manager (ext. 806) SUBJECT: Resolution No. 00-108, supporting the recommendations of the North Texas Commission Board of Directors to the 77`h Texas Legislature to take certain actions to improve the air quality in the State of Texas Action Requested: City Council approval of Resolution No. 00-108, supporting the recommendations of the North Texas Commission Board of Directors to the 77r' Texas Legislature to take certain actions to improve the air quality in the State of Texas. Background Information: On October 16, 2000 the City received a written request from Dan S. Petty, President of the North Texas Commission (NTC), for the City Council to review and consider two (2) resolutions adopted by the NTC Board of Directors on September 21, 2000. These resolutions express support for the 77t' Texas Legislature to adopt measures to improve Texas air quality and transportation infrastructure during the upcoming legislative session. The North Texas Commission is a non-profit, membership -supported organization made up of approximately 400 North Texas businesses, cities, counties, chambers of commerce, economic development entities and higher education institutions. The NTC has worked with the Texas Clean Air Working Group, consisting of local elected officials, business, and civic leaders on a statewide basis in developing the components of this resolution. Resolution No. 00-108 includes support for the following components adopted by the NTC Board of Directors: ■ Maintenance of the integrity of the State Implementation Plan (SIP) in order to bring Texas in compliance with the Federal Clean Air Act. ■ Increased authority and resources for the Texas Natural Resource Conservation Commission (TNRCC) to implement the State SIP. ■ Increased incentive -based programming and grants for the reduction of mobile -source emissions. ■ Increased incentives for purchasing alternative fuel vehicles and other low -emission vehicles. ■ Authorization for local governments to opt to implement programming for reduced mobile source emissions. Billy Campbell, City Manager December 29, 2000 Page 2 ■ The establishment and funding of a public information group to increase public awareness of the importance of cleaning up Texas' air and to identify methods for citizen input. As of December 28, 2000, the following cities and organizations have approved a similar resolution and provided a copy to the NTC: ■ City of Allen ■ City of Coppell ■ City of Frisco ■ City of Kennedale ■ City of Rockwall ■ City of Weatherford ■ Southeast Dallas Chamber of Commerce ■ City of Cedar Hill ■ City of Bedford ■ City of Hurst ■ City of McKinney ■ City of Waxahachie ■ City of White Settlement ■ Dallas Citizens Council Other cities and organizations approved legislative policy statements alternate forms but which endorse identical or similar policy positions expressed in the two (2) NTC resolutions: ■ City of Carrollton ■ City of Mesquite ■ Dallas Area Chambers Legislative Coalition ■ Fort Worth Chamber of Commerce ■ North Dallas Chamber of Commerce ■ City of Dallas ■ City of Richardson ■ Dallas Regional Mobility Coalition ■ Greater Dallas Chamber ■ Regional Transportation Council, North Central Texas Council of Governments in as Upon approval of this resolution, the City will forward a copy of this resolution to the NTC Board of Directors, and subsequently a copy would be forwarded to members of the Texas Legislature, the Offices of the Governor and Lieutenant Governor, and to the Texas Transportation Committee. Financial Considerations: Not Applicable. Citizen Input/ Board Review: A brief summary of the NTC request and a copy of the resolution were included in the City Manager's Notes for the week of October 27, 2000. At this time staff asked for input from the City Council regarding their consideration of the resolution. 5Pz Billy Campbell, City Manager December 29, 2000 Page 3 Legal Review: Not Applicable, the purpose of this resolution is to express support for the included items adopted by the NTC Board of Directors on September 21, 2000 in order to establish a broad base of support for the items in the upcoming legislative session. Alternatives: Input towards the content of the resolution as desired. Supporting Documents: Supporting documents include the following items: ■ Copy of Resolution No. 00-108. ■ Copy of letter from North Texas Commission President Dan S. Petty, received October 16, 2000, requesting the City Council to consider and approve a resolution of support for their recommendations to the 77`' Texas Legislature regarding actions to improve air quality in the State of Texas. ■ Copy of informational brochure providing information on the purpose, programs, and actions of the North Texas Commission. ■ Copy of informational presentation from the North Texas Commission website reviewing background on the NTC and background information regarding the basis of their recommendations to the 77' Texas Legislature. Staff Recommendation: Place as an item on the January 2, 2001 City Council agenda to approve Resolution No. 00-108, supporting the recommendations of the North Texas Commission Board of Directors to the 77' Texas Legislature to take certain actions to improve air quality in the State of Texas. goo r* 3 RESOLUTION NO. 00-108 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, SUPPORTING THE RECOMMENDATIONS OF THE NORTH TEXAS COMMISSION BOARD OF DIRECTORS TO THE 77TH TEXAS LEGISLATURE TO TAKE CERTAIN ACTIONS TO IMPROVE AIR QUALITY IN THE STATE OF TEXAS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, air quality impacts the public health and economic vitality of the state of Texas as well as the Dallas / Fort Worth metropolitan area; and WHEREAS, the major centers of population, employment, and economic growth of Texas are not compliance with the federal clean air act standards for the pollutant ozone; and WHEREAS, Dallas / Fort Worth area elected officials and business leaders participate in the Texas Clean Air Working Group along with leaders from other Texas nonattainment and near-nonattainment areas in a collaborative effort to improve Texas air quality; and WHEREAS, the Texas Clean Air Working Group has formulated recommendations to the 77a' Texas Legislature to help Texas regions achieve compliance with the federal clean air act and to improve Texas air quality. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS THAT: Section 1. Maintain the integrity of the State ' Implementation Plan (SIP), taking no action to eliminate or reduce any control measure without adding an alternative measure to achieve an equivalent emissions reduction; and Section 2. Provide the Texas Natural Resource Conservation Commission (TNRCC) with authority and resources adequate to ensure SIP implementation, including funding for state-of- the-art air quality research modeling tools and monitoring equipment; and Section 3. Establish incentives to reduce mobile source emissions, such as competitive program offering grants to applications that achieve the most cost-effective emissions reductions through vehicle retrofit, re -power, or purchase; and Section 4. Encourage the purchase of alternative fuel vehicles and other low emission vehicles with tax credits, rebates, exemptions, or other incentives; and Section 5. Authorize local governments to exercise the option to employ programs to reduce mobile source emissions, such as vehicle inspection and maintenance, low income vehicle repair assistance, and accelerated vehicle retirement; and 5D•H Resolution No. 00-108 January 2, 2001 Page 2 of 2 Section 6. Establish and fund a public information group to increase public awareness of the importance of cleaning up Texas' air and to identify ways individual citizens can help improve air quality. Section 7. This resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS on this the day of 12001. ATTEST: Sandra LeGrand City Secretary 50•s APPROVED: Rick Stacy Mayor RTH TEXAS COMMISSION 'r X -,»%J. 2001 Board of Directors Officers and I j Executive Committee {�r6 M Gale Duff -Bloom October 11, 2000 Chairman d Erma C. Johnson Vice Chairman RSecre uben E. ary squivel Mr. Billy Campbell William D. White, Jr. City Manager Treasurer Hal T. Thorne City of Southlake General Counsel 1725 East Southlake Boulevard Dan S. Petty President Southlake, Texas 76092 Allan Howeth Past Chairman Albert C. Black Dear Billy: John A. Carpenter Tim Carter Karyl Innis As you are well aware, mol ili- and air oualitv are two nrority issues facine Texas today. Both are John Longstessential to our qualityof life and economic vitality. itali The enclosed two resolutions offer some Roger Riehstra tra David Russell specific actions recommended to the 77th Texas Legistlature-- concrete measures that will help Directors relieve roadway congestion and clean up our air. Tom Allen John Avila, Jr. Kenneth Barr The North Texas Commission has worked with others across the state in developing Ted Benavides pm the policy y Paul Cardarella positions reflected in these resolutions. The Texas Transportation Funding Coalition consists of Phil Conway chambers of commerce and metropolitan planning organizations from Austin, Dallas, El Paso, Fort Michael DiMaria Doug Dixon Worth, Houston and San Antonio, as well as others who believe that an increased level of investment Thomas Dunning in transportation infrastructure is essential to maintaining mobility H. Dan Farell P g and economic health in Texas. d Gray ,nna Halstead The Texas Clean Air Working Group Gconsists of local elected officials and business and civic leaders - .nda Harper -Brown Ron Harris from the Austin, Beaumont/Port Arthur, Corpus Christi, Dallas/Fort Worth, El Paso, Jerry Haynes Brenda Jackson Houston/Galveston, San Antonio and Tyler/Longview regions. They meet monthly with EPA and Lee F. Jackson TNRCC to exchange information and formulate recommendations to assist Texas in achieving federal DevoydJennings Margaret r act compliance. et Jordan clean air Margar Bill Keffler Ron Kirk Man conscientious and responsible Texans have put lop hours and great effort into the research Grace McDermott Y p p g Don McKneely study and discussion that resulted in the identification of the specific legislative actions recommended William G. Moore, Jr. Jeff Moreland to you in the enclosed two resolutions. We are striving to generate broad support for them by asking Ronald L. Parrish city councils, commissioners courts, chamber of commerce boards and others to adopt resolutions like Mary P ss ue the ones enclosed. If y governing y p copy Victor Puente, Sr. you could ask our ovemin body to ass these resolutions and send a co to Mario Ouintanilla us' it would be most helpful in our effort to show legistlators that there is a strop consensus for these John V. Roach g Richard Rozier actions. David Sampson Kimberly J. Simpson M. G. Smith Thank you for your cooperation and assistance. Roger Snoble Jim Spence James Spriggs Sincerely, Richard A. Steele Regina Sullivan �-—t Jack E. Swindle Jack T. Taylor U Jack B. Tinsley Tom Vandergriff Dan S. Petty Vic Suhm Paul N. Wageman president Richard Ward Consultant Timothy D. Ward Allan Watson DSPNS:vh J. William Wenrich H. Ron White "rk Wilson bert E. Witt 'fD4r� a..jhn W. Wroten, Jr. Mailing Address: P.O. Box 610246 • DFW Airport • Texas • 75261 Street Address: 8445 Freeport Parkway • Suite 640 • Irving • Texas • 75063 Telephone: 972/621-0400 (Metro) • (Fax) 972/929-0916 E-mail: ntcQ ntc-dfw.org • Website: www.ntc-dfw.org 0 U q 7-- u T Y iti c U O E td 'F+ L y N e v a E ° w u a� r o u° u s u u c 3Q•� o a c xCJ AU 5U a ° cU yU 3 o c E° a�i c, c x E ki s U > a 3 y u •a ;, E ti N a o -u 0 o o n o o u h o o s o Y � .c c tia .�uU �aq AA xU aA Az tiF FF xA ^.QaV au � o v h fr p N 3 N V•1 o � o r u „ c o x m x U a, u E y s E n C u F n A C o U U .0u. E a, a@! oQ uro s n°R a g ma s i s c t z n4 3 aQ act d w 3 d o y a ? oCA w F 7 H o 3 U 0 3� 3m > o t a ou m 'u F C7 W o E .'- a o u R E as0 m x C4 F > Z C7 F C7 A C7 a o R in u m ti U g U M m > F g m A F n X ti [i a 3 F Q q U x 3 x U C c Q u u 3 a o U °. y E L 3. s E c qq A E u n° w cca .'° ° c y" o U o s° c m H u U C Q o g V 'e o c z V = .a o •� 3 U = u e? 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U o (� p° , �< a �' 0 .O,y �• °(D �° CAD 0 G 0 G ,< ^• 0 i CD O �z O o r a� 0 a 0 o R' CD y. 0. r-cr a w Its purpose is to enhance and promote the economic vitality and quality of life of the Dallas/Fort Worth Metroplex by providing leadership and acting as the catalyst for regional cooperation. NORTH TEXAS COMMISSION ♦ Approximately 400 NTC members ♦ Members made up of: • 58% businesses • 11%cities • 27% chambers and economic development entities • 4% higher education institutions ♦ NTC Board of Directors - 67 members ♦ Chairman: Gale Duff -Bloom, J. C. Penny Company, Inc. (retired) ♦ NTC President: Dan S. Petty NORTH TEXAS COMMISSION Z)X The North Texas Commission is a non-profit consortium of businesses, cities, counties, chambers of commerce, economic development entities and higher education institutions in the North Texas region. NORTH TEXAS COMMISSION ♦ Chartered in 1971 as a Texas non-profit corporation (501-C6) to market DFW International Airport and the region ♦ Coined and copyrighted the term "Metroplex" in 1972 =i ♦ Today focus on regional marketing, regional cooperation and improving infrastructure NORTH TEXAS COMMISSION ♦ North Texas Science and Technology Coalition ♦ Logistics Development and Marketing ♦ International Aviation Marketing ♦ Regional Organizations ♦ Chambers and Economic Development Entities ♦ North Texas Higher Education Institutions NORTH TEXAS COMMISSION ♦ Develop initiatives to enhance the North Texas workforce for science and technology enterprises. ♦ Develop and implement a regional information and marketing campaign on behalf of science and technology. ♦ Promote high technology curriculum for community colleges in North Texas. ♦ Encourage increased funding for advanced research and advanced technology programs. ♦ Promote the Texas Advanced Placement Incentive program in North Texas school districts. ♦ Support the establishment of a Texas Institute of Science and Technology. NORTH TEXAS COMMISSION ♦ More than 40,000 copies ofNTC's logistics marketing brochures have been distributed in the U.S. and in foreign markets. ♦ The NTC Logistics Committee hosted its Fourth Annual Logistics Week Luncheon in April, 2000. ♦ The committee was largely responsible for attracting the International Intermodal Expo to the D/FWMetroplex in 1999. The committee will work to secure additional logistics events for the region. ♦ The committee assisted the University of North Texas in the creation of a logistics BBA degree which UNT offered for the first time in fall, 1997. The committee will continue to promote logistics curricula at local colleges and universities. NORTH TEXAS COMMISSION ♦ North Texas Regional Transportation Task Force ♦ D/FW Area Partners in Mobility ♦ TEX-21 and Texas Transportation Funding Coalition ♦ DART, The T, Trinity Express ♦ Transportation Revenue NORTH TEXAS COMMISSION ♦ 20,000 sq. ft. exhibit at State Fair of Texas featuring technology services and products ♦ Staffed by technology student and faculty volunteers from area universities and community colleges ♦ Objectives: • Interest all visitors in technology products ♦ Spark interest among young visitors in technology careers ♦ Allow interaction among technology exhibitors and student and faculty volunteers NORTH TEXAS COMMISSION ♦ Assist DFW International Airport with air service development ♦ Work to increase volume of air cargo ♦ Assist with public policy issues in aviation ♦ Improve regional general av' tion growth u NORTH TEXAS COMMISSION ♦ The Problem: ♦ D/FW-Area Mobility is declining. Growth in travel demand is outpacing expansion of our transportation infrastructure. ♦ The Solution: ♦ Local government and business must increase efforts to reduce travel demand growth — ridesharing, transit passes, telecommuting, staggered work hours, HOV lanes, improved land use, etc. • Motorists must tell their elected State Representative and Senator that mobility is a priority concern and that they support increased investment to expand transportation infrastructure even if it means paying a slightly higher vehicle registration fee or motor fuel tax. NORTH TEXAS COMMISSION irporlo D/FNV is a serious non -attainment area, i.e., it is not in ♦ North Texas Clean Air Coalition compliance with the Federal Clean Air Act. ♦ Area Emission Reduction Credit Organization ♦ D/FW must clean up its air by 2007 or face further restrictions and sanctions. ♦ D/FW "Clean Cities" Program ♦ These possible restrictions and sanctions ♦ Water Resources Advocacy could include: ♦ Limitations on business expansions • Limitations on business relocations • Loss of transportation funding • $100's of millions at risk NORTH TEXAS COMMISSION NORTH TEXAS COMMISSION ♦ An expanded and mom eRedtve vehicle emissions testing program in Dallas, Tarrant Denton, Collin. Park -Rockwall, Ellis, Johnson and Kaufman counties. The pmgmm will begin in 2002; ♦ Speed limit reductions in the nine counties, from 70 to 65 mph and 65 to 60 mph beginning in September 21)01; • Clcaaa diesel fuel in the nine counties, beginning in 2002; • An 88 pereent reduction in nivogcn oxide (NOx) emissions fmm power plants in Dallas, Tamnt. Denton and Collin counties. The program will begin in 2003; ♦ Reductions in emissions from electrification of ground -support equipment at DFW Intemalio"I I— F Airport, IeldMeacham Feld, and Alliance Airport, beginning in 2003, or alternative cquivalem emission reductions; • Energy conservation and transpartation control measures in nine cauntics, with various implemenmtion dates; ♦ An omne season ban on tarty -morning operation of heavy duty equipment, which begins in 2005, and a requirement that cleaner equipment be purchased in DallaSramnt Denton and Collin counties, which begins in 2(X)4. Contractors can demonstrate equivalent emission reductions in Iim of the han and accelerated purchase requirement. NORTH TEXAS COMMISSION *North Central Texas InterLink ♦ Forecast regional labor market trends ♦ Workforce development NORTH TEXAS COMMISSION 67poll ♦ NTC and the Dallas/Fort Worth Minority Business Development Council formed a partnership in 1993 to offer one-on-one help to small W/MBE businesses ♦ Program established to establish mentor relationships betweei large successful companies and entrepreneur companies — especially those located in economically disadvantaged areas. ♦ Recognized as a model one-on-one program by U.S. Department of Treasury's BusinessLlNC ♦ Assist Business Roundtable to have NTCBusinessLINC program adopted throughout U.S. ♦ Mentors are NTC members NORTH TEXAS COMMISSION ♦ World Wide Web Site: www.ntc-dfworg ♦ Publications such as: • D/FWMetroplex: The Region of Choice • DFW Metroplex: Logistics Center of the Americas ♦ D/FWMetroplex: Where Computers, Communications and Commerce Converge • The D/FW Metroplex A Regional Profile (English and Spanish versions) • Window on the Metroplexnewsl etter • North Texas, World Center of Aviation directory • Regional economic reports and analysis NORTH TEXAS COMMISSION ♦ Board of Directors ♦ Executive Committee ♦ Finance Committee ♦ Nominating Committee ♦ Area Emissions Reduction Credit Organization Board of Directors ♦ Annual Membership Luncheon Planning Committee ♦ International Aviation Marketing Committee • Aviation Cargo Task Force NORTH TEXAS COMMISSION (Continued) ♦ Annual Membership Luncheon ♦ Bi-Annual "New Leadership" Barbecue ♦ Annual Mentor -Entrepreneur Recognition Luncheon ♦ Annual Logistics Week Luncheon ♦ Breakfast Briefings, Luncheons, Forums and Receptions $ NORTH TEXAS COMMISSION INR ♦ Logistics Development and Marketing Committee ♦ Mentor -Entrepreneur Steering Committee 'N" ♦ North Texas Clean Air Coalition ♦ North Texas Regional Transportation Task Force ♦ North Texas Water Resources Coalition ♦ North Texas Science and Technology Coalition NORTH TEXAS COMMISSION "Regional Cooperation Leads to Regional Prosperity" ♦ "Coopetition," which means collaboration among competitors, makes the region stronger ♦ Cooperation helps maximize the assets of the region ♦ Working together on common problems helps us create the most effective and efficient regional solutions. NORTH TEXAS COMMISSION ♦ 9,106 square miles ♦ Larger than 8 states ♦ 5.0 million citizens if ♦ More populous than 30 states ♦ 12 counties ♦ Collin, Dallas, Denton, Ellis, Henderson, Hood, Hunt, Johnson, Kaufman, Parker, Rockwall,Tarrant ♦ 129 incorporated municipalities NORTH TEXAS COMMISSION sp.Iz City of Southlake, Texas MEMORANDUM December 29, 2000 TO: Billy Campbell, City Manager FROM: John Eaglen, Assistant to the City Manager (ext. 806) SUBJECT: Resolution No. 00-109, supporting the recommendations of the North Texas Commission Board of Directors to the 77" Texas Legislature to take certain actions to improve the surface transportation infrastructure in the State of Texas Action Requested: City Council approval of Resolution No. 00-109, supporting the recommendations of the North Texas Commission Board of Directors to the 77th Texas Legislature to take certain actions to improve the surface transportation infrastructure in the State of Texas. Background Information: On October 16, 2000 the City received a written request from Dan S. Petty, President of the North Texas Commission (NTC), for the City Council to review and consider two (2) resolutions adopted by the NTC Board of Directors on September 21, 2000. These resolutions express support for the 77th Texas Legislature to adopt measures to improve Texas air quality and transportation infrastructure during the upcoming legislative session. The North Texas Commission is a non-profit, membership -supported organization made up of approximately 400 North Texas businesses, cities, counties, chambers of commerce, economic development entities and higher education institutions. The NTC has worked with the Texas Transportation Funding Coalition, consisting of chambers of commerce, metropolitan planning organizations (MPO's), and civic leaders on a statewide basis in developing the components of this resolution. Resolution No. 00-109 includes support for the following components adopted by the NTC Board of Directors: ■ Allocation to the counties of five percent of vehicle sales taxes collected versus vehicle registration fees, as was done prior to 1992. ■ Reallocate funding of Public Safety expenditures not related to transportation to the General Revenue Fund versus the State Highway Fund. ■ Deposit of fees from transportation -related items into the State Highway Fund versus the General Revenue Fund. ■ Increased appropriations to the Lateral Road and Bridge Fund and completing adjustments to the Fund's allocation formula. Ste( Billy Campbell, City Manager December 29, 2000 Page 2 ■ Amendment of the Development Corporation Act to allow the funding of transportation related improvements as an allowable use under subsections 4(a) and 4(b) by local option election and staying within the existing 8.25 cents sales tax cap. ■ Legislation to authorize an election to consider a constitutional amendment to permit the use of state funds for toll road development. ■ Establishment of a new transportation revolving fund. ■ Permit the use of GARVEE bonds (Acronym that stands for Grant Anticipation Revenue Vehicles. This recently approved mechanism allows states to borrow in anticipation of applying federal -aid assistance that states receive on an annual basis through the Federal Highway Administration to pay debt service on long-term obligations to finance necessary highway projects) to accelerate implementation of needed transportation improvements. ■ Adoption of performance criteria to measure mobility, access, safety, reliability, and maintenance standards for the Texas Transportation System. ■ Authorization of the use of design -build procurement (this is a delivery method where owners award a single contract to an architect/engineer and a contractor team that assumes responsibility for the design and construction of a project) for highway project development. ■ Repealing the "2060 Permit" (this is issued by TxDOT for over axle%ver (� gross weight tolerance permits for the operation of commercial motor vehicles with a weight that exceeds the allowable axle weight by a tolerance of 12% for agricultural commodities or 10% for non- agricultural commodities) provisions for overweight vehicles. In addition the resolution supports the establishment of new provisions for heavy vehicle compliance, and setting higher permit fees and sanctions for overweight vehicles. As of December 28, 2000, the following cities and organizations have approved a similar resolution and provided a copy to the NTC: ■ City of Allen ■ City of Coppell ■ City of Frisco ■ City of Kennedale ■ City of Rockwall ■ City of Weatherford ■ Town of Westlake SE•z ■ City of Cedar Hill ■ City of Bedford ■ City of Hurst ■ City of McKinney ■ City of Waxahachie ■ City of White Settlement ■ Dallas Citizens Council Billy Campbell, City Manager December 29, 2000 Page 3 Other cities and organizations approved legislative policy statements in alternate forms but which endorse identical or similar policy positions as expressed in the two (2) NTC resolutions: ■ City of Carrollton ■ City of Mesquite ■ Dallas Area Chambers Legislative Coalition ■ Fort Worth Chamber of Commerce ■ North Dallas Chamber of Commerce ■ City of Dallas ■ City of Richardson ■ Dallas Regional Mobility Coalition ■ Greater Dallas Chamber ■ Regional Transportation Council, North Central Texas Council of Governments Upon approval of this resolution, the City will forward a copy of this resolution to the NTC Board of Directors, and subsequently a copy would be forwarded to members of the Texas Legislature, the Offices of the Governor and Lieutenant Governor, and to the Texas Transportation Committee. Financial Considerations: Not Applicable. Citizen Input/ Board Review: A brief summary of the NTC request and a copy of the resolution were included in the City Manager's Notes for the week of October 27, 2000. At this time staff asked for input from the City Council regarding their consideration of the resolution. Legal Review: Not Applicable, the purpose of this resolution is to express support for the included items adopted by the NTC Board of Directors on September 21, 2000 in order to establish a broad base of support for the items in the upcoming legislative session. Alternatives: Input towards the content of the resolution as desired. Supporting Documents: Supporting documents include the following items: ■ Copy of Resolution No. 00-109. ■ Copy of letter from North Texas Commission President Dan S. Petty, received October 16, 2000, requesting the City Council to consider and approve a resolution of support for their recommendations to the 77' Texas Legislature regarding actions to improve surface transportation infrastructure in the State of Texas. sez Billy Campbell, City Manager December 29, 2000 Page 4 `�. Copy of informational brochure providing information on the purpose, programs, and actions of the North Texas Commission. ■ Copy of informational presentation from the North Texas Commission website reviewing background on the NTC and background information regarding the basis of their recommendations to the 77' Texas Legislature. Staff Recommendation: Place as an item on the January 2, 2001 City Council agenda to approve Resolution No. 00-109, supporting the recommendations of the North Texas Commission Board of Directors to the 77' Texas Legislature to take certain actions to improve the surface transportation infrastructure in the State of Texas. JE 5E.q. RESOLUTION NO. 00-109 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, SUPPORTING THE RECOMMENDATIONS OF THE NORTH TEXAS COMMISSION BOARD OF DIRECTORS TO THE 77TH TEXAS LEGISLATURE TO TAKE CERTAIN ACTIONS TO IMPROVE TEXAS' SURFACE TRANSPORTATION INFRASTRUCTURE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, mobility and a quality surface transportation system are critical to the economic vitality of Texas and the quality of life of Texas; and WHEREAS, aging transportation infrastructure, population and job growth, and increasing travel demands require an increased level of investment in order to maintain mobility and a quality surface transportation system for Texas; and WHEREAS, Texas citizens have come together in coalitions such as TEX-21 to express their increasing concerns with the adverse effects on their lives of urban roadway congestion, delays at international border crossings, roadway safety, poor roadway surface conditions, and inadequate highway capacity to accommodate the growing international trade traversing Texas; and WHEREAS, there is a growing sense of urgency for Texas to raise the level of priority it places on transportation. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS THAT: Section 1. Allocate to counties five percent (5%) of vehicle sales tax collected, rather than vehicle registration fees equal to that amount, as was done prior to 1992; and Section 2. Make all appropriations to support functions of the Department of Public Safety not directly related to transportation from the General Revenue Fund rather than the State Highway Fund; and Section 3. Deposit into the State Highway Fund rather than the General Revenue Fund revenues collected by the Department of Public Safety from the following transportation -related fees: Motor Vehicle Inspection Fees, Driver License Fees, and Driver Record Information Fees; and Section 4. Deposit into the State Highway Fund rather than the General Revenue Fund revenues derived from highway right-of-way licensing or leasing; and Section 5. Increase appropriations to the Lateral Road and Bridge Fund, to at least $30 million per year, without reducing TxDOT funding, and revise the allocation formula for Lateral Road and Bridge Fund monies giving 50% weight to population and 50% to county lane miles, with each county receiving an allocation not less than 150% of the amount it received in the previous biennium; and Section 6. Amend the Development Corporation Act to include transportation as an allowable use under subsections 4(a) and 4(b) and permit local governments by local option election to enact a sales tax for transportation, including transit, within the existing 8.25 cent sales tax cap; and Section 7. Enact legislation and authorize an election to consider a constitutional amendment to permit the use of state funds for toll road development in Texas; and $E•5 Resolution No. 00-109 January 2, 2001 Page 2 of 2 Section 8. Establish a new transportation revolving fund and place in this fund all new transportation dollars identified in the 77th and subsequent legislative sessions to be used to service debt incurred through the issuance of general obligation or revenue bonds of the state; and Section 9. Permit the use of GARVEE bonds to accelerate implementation of needed transportation improvement projects; and Section 10. In consultation with the Texas Department of Transportation and metropolitan planning organizations, adopt performance criteria to measure mobility, access, safety, reliability and maintenance standards for the Texas Transportation System, identify minimally acceptable performance levels for the system and adopt an investment plan to fund achievement of those performance levels; and Section 11. Authorize the utilization of design -build procurement for highway project development; and Section 12. Repeal the "2060 Permit" provisions for overweight vehicles and establish new provisions to require heavy vehicle compliance with posted weight restrictions on bridges and to set higher permit fees and sanctions for overweight vehicles to use Texas Highways. Section 13. This resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS on this the day of , 2001. ATTEST: Sandra LeGrand City Secretary APPPROVED: Rick Stacy Mayor qE*4 City of Southlake, Texas MEMORANDUM December 29, 2000 TO: Billy Campbell, City Manager FROM: John Eaglen, Assistant to the City Manager (ext. 806) SUBJECT: Resolution No. 01-01, appointment of a chairperson to the Tax Increment Reinvestment Zone Number One Board of Directors for 2001 Action Requested: City Council approval of Resolution No. 01-01, appointing a chairperson to the Board of Directors for the Tax Increment Reinvestment Zone (TIRZ) Number One of the City of Southlake. Background Information: Section 311.009(f) of the Tax Increment Financing Act (the "Act") states the following: "Each year the governing body of the municipality shall appoint one member of the board to serve as chairman for a term of one year that begins on January 1 of the following year." This resolution provides for the City Council to appoint a chairperson for the TIRZ Board of Directors for 2001. On December 29, 1999 the City Council approved Resolution No. 00-02, appointing Gary Fawks to serve the TIRZ chairperson for the year 2000. Financial Considerations: Not Applicable. Citizen Input/ Board Review: The TIRZ Board of Directors discussed this item at their December 5, 2000 meeting. At that time the TIRZ Board did not discuss naming a particular individual, but discussed that the resolution appointing a chairperson for 2001 would be an item on the January 2, 2001 City Council agenda. Legal Review: The city attorneys have been involved in the TIRZ process and can respond to any legal questions or issues which may arise during the meeting. Alternatives: Appointment of the Chair for the TIRZ Board of Directors as desired by the City Council. Supporting Documents: Supporting documents include the following items: ■ Copy of Resolution No. 01-01, appointing a chairperson to the TIRZ Number One Board of Directors for the year 2001. AF40 I Billy Compbell, City Manager December 29, 2000 Page 2 Staff Recommendation: Place approval of Resolution No. 01-01, appointing a chairperson for the TIRZ Number One Board of Directors for the year 2001, on the January 2, 2001 City Council agenda. JE S Fe L RESOLUTION NO. 01-01 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A CHAIRPERSON OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas (the "City"), after public hearing, passed Ordinance No. 682 creating a Reinvestment Zone as authorized by the Tax Increment Financing Act, V.T.C.A., Tax Code, Chapter 311 (the "Act") on September 23, 1997; and WHEREAS, Ordinance No. 682 established a Board of Directors to administer the Zone; and WHEREAS, the City passed Ordinance No. 761, amending Ordinance No. 682 relating to the manner of appointment and terms of office of the members of the Board of Directors of the Tax Increment Reinvestment Zone Number One on December 7, 1999; and WHEREAS, in accordance with Section 311.009(f) of the Act, the f governing body of the municipality that created the reinvestment zone must appoint one member of the board to serve as chair for a term of one year that begins on January 1 of the following year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That all matters stated in the preamble of this resolution are true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. That the City Council hereby appoints to serve as the chairperson of the Reinvestment Zone Board of Directors for one year to begin January, 2001. Section 3. That the City of Southlake authorizes and directs that this action be made part of the City's permanent records. SF•3 Resolution No. 01-01 January 2, 2001 Page 2 of 2 Section 4. That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS on this the day of 2001. APPROVED Rick Stacy Mayor ATTEST: Sandy LeGrand City Secretary City of Southlake, Texas MEMORANDUM December 29, 2000 �. TO: Billy Campbell, City Manager FROM: Greg Last, Director of Economic Development SUBJECT: Authorize the Mayor to approve a Scope of Service Agreement with the Southlake Chamber of Commerce for 2000-2001. Action Requested: Approval of the FY 00-01 Scope of Services Agreement with the Southlake Chamber of Commerce. Background Information: Attached is an Agreement for Service with the Southlake Chamber of Commerce for fiscal year 2000-01, basically identical to agreements of prior years. The agreement identifies the various services the Chamber provides to the benefit of Southlake in exchange for the monthly payment of $1,250. The Chamber provides various services that are not listed in the agreement including fielding numerous questions on a daily basis regarding city services, such as who does one contact to have water turned on, and conducting a business retention and expansion program that is continuing to evolve. Financial Considerations: The approved budget amount of $15,000 / year would be made in monthly payments of $1,250. Citizen Input/ Board Review: None Legal Review: The attorneys have reviewed the previous year's agreement. The attached agreement only reflects updated activities in the Chamber scope of services. Alternatives: Denial or revised approval. Supporting Documents: Agreement is attached Staff Recommendation: Recommend approval per the approved budget. VICE AGREEMENT FpR SER § a home rule OF TEXAS § Southlake, Texas, through its �.- STATE RRANT the City of acting by and ber of COUNTY OF TA and between TeXas� It by t and Denton County' d the Southlake C Southlake, ENT is entered ant county as "City„ )" an operating m e Code, THIS AGREEM referred to oration op evenu oration located in Tarr onprofit corporation of the Internal R core Manager (herein afChamber,,) a n 501(c) Municipaled City to as in section duly authorized described Of the Commerce (hereinafter referred an1zation welfare Texas as an org and civic Tarrant County, through its duly authorized President. cultural, by and romote the ec jnesses industries, and assisting oc a acting ,,amber is to P businesses and rofessional and ose of the Cham o f existing the highest p WHEREAS, the purp r,. the growth while maintaining b encouraging g to the City City of Southlake y locating the Chamber will firms and individuals in standard, and o enter into an Agreement whereby WHERE AS, the City and the Cha fit of the C* y; Chamber do provide various services for the be gESE PRESENT: That the City and the NOW, THEREFORE, KNOW ALL BY T hereby covenant and agree as follows: SECTION I SCOPE OF SERVICES The scope of Service shall include: Chamber to all l . Provide complimentary copies of annual Chamber weirectory that is re mailed out of thed15,000 Postal Patrons within the City. In 2000, over 7,49 directories ere mailed in a pre-printed envelope. Also, approximately 800 produced. Each directory is Community Directories are provided to several city facilities for distribution. 2. Provide a complimentary Information Packet to prospective residents on request. In 1999, the Chamber assembled and mailed 215 packets and handed out approximately 150. 3. Work cooperatively with City to produce a city map, distribute to all postal patrons with the chamber directory and provide copies for distribution to all City facilities. Approximately 20,000 will be produced. 4. Provide City representation at various meetings, often as the sole Cityr, res � enta�l�e, 5. Organize the Leadership ,Southlake working with the program (approxi program facilitator, mately 25 materials. ,organizing preSe PeOpje) b ntationS, and y 6. Facilitate and pate proU. ]� Committee, ParticiIn mittee, Fam>�yFjrsf�lghfV al'lous oOm111i1n1 out, etc ty activities., `��� 7. Provide information for and jointly participates in representing the city at Trade Shows and other marketing opportunities. City 1. Provide staff liaison that offers guidance and information to Chamber as needed. 2. Provide monthly report on activities impacting the City and its economic health and development. 3. Have City representative attend monthly Chamber board meetings. SECTION 2 CHAMBER OPERATIONS 1. Hours of Operation shall be solely defined by Chamber. 2. The City shall have the right to review the books and records kept incident to the services provided by Chamber to the City. SECTION 3 PAYMENT FOR SERVICES City agrees to pay to Chamber the sum of Fifteen Thousand Dollars ($15,000) per year, or One Thousand, Two Hundred Fifty Dollars ($1,250), each month, in payment for services described in Section 1 hereinabove. SECTION 4 TERM OF AGREEMENT The term of this agreement shall be for a period of one (1) year beginning October 1, 2000 and ending September 30, 2001. IN WITNESS WHEREOF the City and Chamber have executed this agreement as of this 2nd day of e January, 2001. Approved as to legal form and adequacy: Attorney at Law N: IEcondevU GENCIESI COCUgreemen62000-01-agr-OLDOC Mayor, City of Southlake Chair, Southlake Chamber of Commerce 2 AGREEMENT FOR SERVICE STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and the Southlake Chamber of Commerce (hereinafter referred to as "Chamber") a nonprofit corporation operating in Southlake, Tarrant County, Texas as an organization described in section 501(c) 6 of the Internal Revenue Code, acting by and through its duly authorized President. WHEREAS, the purpose of the Chamber is to promote the economic, cultural, and civic welfare of the City of Southlake by encouraging the growth of existing businesses and industries, and assisting new firms and individuals in locating to the City while maintaining the highest professional and social standard; and WHEREAS, the City and the Chamber desire to enter into an Agreement whereby the Chamber will provide various services for the benefit of the City; NOW, THEREFORE, KNOW ALL BY THESE PRESENT: That the City and the Chamber do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES The scope of Service shall include: Chamber 1. Provide complimentary copies of annual Chamber Community Directory that is mailed to all Postal Patrons within the City. In 2000, over 7,749 directories were mailed out of the 15,000 produced. Each directory is mailed in a pre-printed envelope. Also, approximately 800 Community Directories are provided to several city facilities for distribution. 2. Provide a complimentary Information Packet to prospective residents on request. In 1999, the 4 Chamber assembled and mailed 215 packets and handed out approximately 150. 3. Work cooperatively with City to produce a city map, distribute to all postal patrons with the chamber directory and provide copies for distribution to all City facilities. Approximately 20,000 will be produced. 4. Provide City representation at various meetings, often as the sole city representative. 5. Organize the Leadership Southlake program (approximately 25 people) by selecting and working with the program facilitator, organizing presentations, and providing meals and materials. 6. Facilitate and participate in various community activities: e.g. Drug and Alcohol Awareness Committee, Family First night out, etc. 1 7. Provide information for and jointly participates in representing the city at Trade Shows and other marketing opportunities. City 1. Provide staff liaison that offers guidance and information to Chamber as needed. 2. Provide monthly report on activities impacting the City and its economic health and development. 3. Have City representative attend monthly Chamber board meetings. SECTION 2 CHAMBER OPERATIONS l . Hours of Operation shall be solely defined by Chamber. 2. The City shall have the right to review the books and records kept incident to the services provided by Chamber to the City. SECTION 3 PAYMENT FOR SERVICES City agrees to pay to Chamber the sum of Fifteen Thousand Dollars ($15,000) per year, or One Thousand, Two Hundred Fifty Dollars ($1,250), each month, in payment for services described in Section 1 hereinabove. SECTION 4 TERM OF AGREEMENT The term of this agreement shall be for a period of one (1) year beginning October 1, 2000 and ending September 30, 2001. IN WITNESS WHEREOF the City and Chamber have executed this agreement as of this 2nd day of January, 2001. e Approved as to legal form and adequacy: Attorney at Law N: I EcondeOAGENCIESI COCIAgreenient I2000-01-agr-OLDOC Mayor, City of Southlake Chair, Southlake Chamber of Commerce 2 City of Southlake, Texas MEMORANDUM December 29, 2000 TO: Billy Campbell, City Manager FROM: Rick Black, Interim Director of Public Safety (Ext. 2406) SUBJECT: Authorize the Mayor to enter into a lease -purchase agreement between Government Capital Corporation and the City of Southlake for a Model 2001 Lance Custom Pumper Fire Truck. Action Requested: Enter into a lease -purchase agreement with GSA for the lease -purchase of a fire truck as approved by City Council for FY 00-01. Background Information: The Department of Public Safety currently has two pumper's, one is 18 years old, the other is 13 years old. Staff has researched and developed a replacement schedule for all DPS vehicles and apparatus. The current schedule illustrates that the 18-year-old pumper was placed in reserve status last year and will be sold in 2005. The acquisition of this pumper will replace the 18 year old pumper and allow for a front line pumper to be placed at the West DPS facility when it opens in December 2001. The pumper contains the best chassis available in the manufacturers' line and will be detailed and constructed to meet the needs of the City of Southlake. Financial Considerations: Council approved the lease -purchase option in September 2000 when the budget was adopted for the amount of $69,000. This lease -purchase option is presented to you for a total of $65,150.74 each year for an eight -year commitment. The fire truck will be purchased off of the State bid eliminating a bidding process. At the end of the eight -year commitment, the City has the option to send back, trade in or purchase for $1.00. The total cost of this pumper is $401,975.87. The lease -purchase is paid for through the Fire Services budget. This agreement is a cost saving of $3,849.26 for the City of Southlake. Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: The agreement has been reviewed and approved by City Attorney Debra Drayovitch. Alternatives: Do not approve the agreement and purchase a pumper in the next budget year. 5H-1 Billy Campbell December 28, 2000 Page 2 tia.. Supporting Documents: Texas Municipal Lease -Purchase Agreement Staff Recommendation: Place the agreement between GSA and the City of Southlake for the lease - purchase of a 2001 lance custom pumper on the January 2, 2001, City Council meeting agenda for approval. SH-2 TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT THIS MUNICIPAL LEASE -PURCHASE AGREEMENT (hereafter referred to as "Agreement") dated December 5, 2000 by and between Government Capital Corporation, a Texas corporation (herein referred to as "Lessor"), and City of Southlake, a political subdivision or agency of the State of Texas (hereinafter referred to as "Lessee"). WITNESSETH: In consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows: 1. Term and Payments. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the property described in Exhibit A hereto (hereinafter, with all replacement parts, substitutions, proceeds, increases, additions, accessions, repairs and accessories incorporated therein or affixed thereto, referred to as the "Property") for the amounts to be paid in the sums (the "Lease Payments") and on the dates (the "Lease Payment Dates") set forth in Exhibit B hereto. Except as specifically provided in Section 2 hereof, the obligation of the Lessee to make the Lease Payments called for in Exhibit B hereto shall be absolute and unconditional in all events and shall not be subject to any set-off, defense, counterclaim or recoupment for any reason. The term of the lease hereunder shall commence upon the acceptance of possession of the Property by Lessee (or acceptance by Lessee of delivery of the first item of Property if this Agreement involves multiple items of Property) and shall continue until the end of the Lessee's current fiscal period and thereafter for such additional fiscal periods as are necessary to complete the anticipated total lease term as set forth in Exhibit B, unless earlier terminated as provided herein. Lessee will evidence its acceptance of the Property by executing and delivering to Lessor a Certificate of Acceptance (hereinafter so called) in the form provided by Lessor. 2. Non -Appropriation and Right of Termination. The obligations of Lessee to make Lease Payments (called for in Exhibit B) and to make any other payments to Lessor (or to any other person) pursuant to this Agreement are subject to appropriation by the Lessee of funds that are lawfully available to be applied for such purpose. If Lessee fails to make such an appropriation prior to a fiscal period of Lessee, for the Lease Payments scheduled in such fiscal period, Lessor may terminate this Agreement. Lessee may terminate this Agreement by providing written notice of such termination to Lessor not less than fifteen (15) days prior to the first day of any fiscal period of Lessee during which Lessee Payments are scheduled. Upon any such termination of this Agreement, all of Lessee's right, title and interest in and its obligations under this Agreement and to the Property shall terminate effective on the last day of the last fiscal period of Lessee for which such an appropriation was made. 3. Taxes. In addition to the Lease Payments to be made pursuant to Section 1 hereof, Lessee agrees to indemnify and hold Lessor harmless from and against and to pay Lessor, as additional rent, on demand, an amount equal to all licenses, assessments, sales, use, real or personal property, gross receipts or other taxes, levies, imposts, duties or charges, if any, together with any penalties, fines, or interest thereon imposed against or on Lessor, Lessee or the Property by any governmental authority upon or with respect to the Property or the purchase, ownership, rental, possession, operation, return or sale of, or receipt of payments for, the Property, except any Federal or state income taxes, if any, payable by Lessor. Lessee may contest any such taxes prior to payment provided such contest does not involve any risk of sale, forfeiture or loss of the Property or any interest therein. 4. Lessee's Covenants and Representations. Lessee covenants and represents as follows: (a) Lessee represents, and will provide an opinion of its counsel to the effect that, it has full power and authority to enter into this Agreement which has been duly authorized, executed, and delivered by Lessee and is a valid and binding obligation of Lessee enforceable in accordance with its terms, and all requirements for execution, delivery and performance of this Agreement have been, or will be, complied with in a timely manner; (b) All Payments hereunder have been, and will be, duly authorized and paid when due out of funds then on hand and legally available for such purposes; Lessee will, to the extent permitted by State law, include in its budget for each successive fiscal period during the term of this Agreement a sufficient amount to permit Lessee to discharge all of its obligations hereunder, and Lessee has budgeted and available for the current fiscal period sufficient funds to comply with its obligations hereunder; (c) There are no pending or threatened lawsuits or administrative or other proceedings contesting the authority for, authorization of performance of, or expenditure of funds pursuant to, this Agreement; (d) Information supplied and statements made by Lessee in any financial statement or current budget prior to or contemporaneously with the Agreement are true and correct; (e) Lessee has an immediate need for, and expects to make immediate use of, substantially all the Property, which need is not temporary or expected to diminish in the foreseeable future. 5. Use and Licenses. Lessee shall pay and discharge all operating expenses and shall cause the Property to be operated by competent persons only. Lessee shall use the Property only for its proper purposes and will not install, use, operate or maintain the Property improperly, carelessly, or in violation of any applicable law, ordinance, rule or regulation of any governmental authority, or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. Lessee shall keep the property at the location stated on the Certificate of Acceptance executed by Lessee upon delivery of the Property until Lessor, in writing, permits its removal, and the Property shall be used solely in the conduct of the Lessee's operations. Lessee shall obtain, at its expense, all registrations, permits and licenses, if any, required by law for the installation and operation of the Property. Any license plates used on the Property shall be issued in the name of the Lessee. If a certificate of title is issuable with respect to the Property, it shall be delivered to the Lessor showing the interest of the Lessor. 6. Maintenance. Lessor shall not be obligated to make any repairs or replacements. At its own expense, Lessee shall service, repair and maintain the Property in as good condition, repair, appearance and working order as when delivered to Lessee hereunder, ordinary wear and tear from proper use alone excepted, and shall replace any and all parts thereof which may from time to time become wom out, lost, stolen, destroyed, or damaged beyond repair or rendered unfit for intended use, for any reason whatsoever, all of which replacements shall be free and clear of all liens, encumbrances and claims of others and shall become part of the Property and subject to this Agreement. Lessor may, at its option, discharge such costs, expenses and insurance premiums necessary for the repair, maintenance and preservation of the Property, and all sums so expended shall be due from Lessee in addition to rental payments hereunder. 7. Alterations. (a) Lessee may, at its own expense, install or place in or on, or attach or affix to, the Property such equipment or accessories as may be necessary or convenient to use the Property for its intended purposes provided that such equipment or accessories do not impair the value or utility of the Property. All such equipment and accessories shall be removed by Lessee upon termination of this Agreement, provided that any resulting damage shall be repaired at Lessee's expense. Any such equipment or accessories not removed shall become the property of Lessor. (b) Without the written consent of Lessor, Lessee shall not make any other alterations, modifications or improvements to the Property except as required or permitted hereunder. Any other alterations, modifications or improvements to the Property shall immediately become part of the Property, subject to the provisions hereof. Without the prior written consent of Lessor, Lessee shall not affix or attach any of the Property to any real property. The Property shall remain personal property regardless of whether it becomes affixed or attached to real property or permanently rests upon any real property or any improvement thereon. S. Liens. Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, security interest, pledge, lien, charge, STATE OF TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT 5H-3 encumbrance or claim on or with respect to the Property, title thereto or any interest therein, except the respective rights of Lessor and Lessee hereunder. 9. Damage to or Destruction of Property. Lessee shall bear the entire risk of loss, damage, theft or destruction of the Property from any and every cause whatsoever, and no loss, damage, destruction or other event shall release Lessee from the obligation to pay the full amount of the rental payments or from any other obligation under this Agreement. In the event of damage to any item of the Property, Lessee will immediately place the same in good repair, with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Property is lost, stolen, destroyed or damaged 'eyond repair, Lessee, at the option of Lessee, will either (a) replace the same with like property in good repair or (b) on the next Lease Payment Date, pay Lessor ) all amounts then owed by Lessee to Lessor under this Agreement, including the Lease Payment due on such date, and (ii) an amount equal to the applicable '*'Option to Purchase Value set forth in Exhibit B. 10. Insurance. Lessee shall either be self -insured with regard to the Property or shall purchase and maintain insurance with regard to the Property. Lessee shall indicate on each Certificate of Acceptance executed in relation to this Agreement its election to be self -insured or company insured with regard to the Property listed on that Certificate of Acceptance. Whether Lessee is self -insured or company insured, Lessee shall, for the term of this Agreement, at its own expense, provide comprehensive liability insurance with respect to the Property, insuring against such risks, and such amounts as are customary for lessees of property of a character similar to the Property. In addition, Lessee shall, for the term of this Agreement, at its own expense, provide casualty insurance with respect to the Property, insuring against customary risks, coverage at all times not less than the amount of the unpaid principal portion of the Lease Payments required to be made pursuant to Section 1 as of the last preceding Payment Date specified in Exhibit B on which a Lease Payment was made. If insurance policies are provided with respect to the Property, all insurance policies shall be with insurers authorized to do business in the State where the Property is located and shall name both Lessor and Lessee as insured as their respective interest may appear. Insurance proceeds from casualty losses shall be payable solely to the Lessor, subject to the provisions of Section 9. Lessee shall, upon request, deliver to Lessor evidence of the required coverage together with premium receipts, and each insurer shall agree to give Lessor written notice of non-payment of any premium due and ten (10) days notice prior to cancellation or alteration of any such policy. Lessee shall also carry and require any other person or entity working on, in or about the Property to carry workmen's compensation insurance covering employees on, in or about the Property. In the event Lessee fails, for any reason, to comply with the requirements of this Section, Lessee shall indemnify, save harmless and, at Lessee's sole expense, defend Lessor and its agents, employees, officers and directors and the Property against all risk of loss not covered by insurance. 11. Indemnification. Lessee shall indemnify, to the extent permitted by law, and save harmless Lessor and its agents, employees, officers and directors from and, at Lessee's expense, defend Lessor and its agents, employees, officers and directors against all liability, obligations, losses, damages, penalties, claims, actions, costs and expenses (including but not limited to reasonable attorneys' fees) of whatsoever kind or nature which in any way relate to or arise out of this Agreement or the ownership, rental, possession, operation, condition, sale or return of the Property. All amounts which become due from Lessee under this Section 11 shall be credited with any amounts received by the Lessor from insurance provided by the Lessee and shall be payable by Lessee within thirty (30) days following demand therefor by Lessor and shall survive the termination or expiration of this Agreement. 12. No Warranty. EXCEPT FOR REPRESENTATIONS, WARRANTIES, AND SERVICE AGREEMENTS RELATING TO THE PROPERTY MADE OR ENTERED INTO BY THE MANUFACTURERS OR SUPPLIERS OF THE PROPERTY, ALL OF WHICH ARE HEREBY ASSIGNED TO LESSEE, LESSOR HAS MADE AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND ASSUMES NO OBLIGATION WITH RESPECT TO THE TITLE, MERCHANTABILITY, CONDITION, QUALITY OR FITNESS OF THE PROPERTY DESCRIBED IN EXHIBIT A FOR ANY PARTICULAR PURPOSE OR THE CONFORMITY OF THE PROPERTY TO SPECIFICATION OR PURCHASE ORDER, ITS DESIGN, DELIVERY, INSTALLATION OR OPERATION. All such risks shall be bome by Lessee without in any way excusing Lessee from its obligations under this Agreement, and Lessor shall not be liable to Lessee for any damages on account of such risks. All claims or actions on any warranty so assigned shall be made or prosecuted by Lessee, at its sole expense, upon prior written notice to Lessor. Lessor may, but shall have no obligation whatsoever to, participate in such claim or action on such warranty, at Lessor's expense. Any recovery under such a warranty shall be made payable jointly to Lessee and Lessor. 13. Option to Purchase. Provided Lessee has complied with the terms and conditions of this Agreement, Lessee shall have the option to urchase not less than all of the Property which is then subject to this Agreement, "as is" at the payment date, for the Option to Purchase Values set forth in Exhibit B by giving written notice to Lessor not less than sixty (60) days prior to the date specified in Exhibit B for the exercise of such option; provided that upon Lessee's timely payment of all Lease Payments specified in Exhibit B, Lessee shall be deemed to have properly exercised its option to purchase the Property and shall be deemed to have acquired all of Lessor's right, title and interest in and to the Property, free of any lien, encumbrance or security interest except such liens, encumbrances or security interest as may be created, or permitted and not discharged, by Lessee but without other warranties. Payment of the applicable Option to Purchase Value shall occur on the applicable Lease Payment Date specified in Exhibit B hereto, at which time Lessor shall, unless not required hereunder, deliver to Lessee a quitclaim bill of sale transferring Lessor's interest in the Property to Lessee free from any lien, encumbrance or security interest except such as may be created, or permitted and not discharged, by Lessee but without other warranties. Upon Lessee's actual or constructive payment of the Option to Purchase Value and Lessor's actual or constructive delivery of quitclaim bill of sale covering the Property, this Agreement shall terminate except as to obligations or liabilities accruing hereunder prior to such termination. 14. Default and Lessor's Remedies. (a) The occurrence of one or more of the following events shall constitute an Event of Default, whether occurring voluntarily or involuntarily, by operation of law or pursuant to any order of any court or governmental agency: (t) Lessee fails to make any payment hereunder when due or within ten (10) days thereafter; a) Lessee fails to comply with any other covenant, condition or agreement of Lessee hereunder for a period of the ten (10) days after notice thereof, (3) Any representation or warranty made by Lessee hereunder shall be untrue in any material respect as of the date made; (4) Lessee makes, permits or suffers any unauthorized assignment, transfer or other disposition of this Agreement or any interest herein, or any part of the Property or any interest therein; or (s) Lessee becomes insolvent; or admits in writing its inability to pay its debts as they mature; or applies for, consents to or acquiesces in the appointment of a trustee, receiver or custodian for the Lessee or a substantial part of its property; or, in the absence of such application, consent or acquiescence, a trustee, receiver or custodian is appointed for Lessee or a substantial part of its property and is not discharged within sixty (60) days; or any bankruptcy, reorganization, debt arrangement, moratorium, or any proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding is instituted by or against Lessee and, if instituted against Lessee, is consented to or acquiesced in by Lessee or is not dismissed within sixty (60) days. (b) Upon the occurrence of any Event of Default specified herein, Lessor may, at its sole discretion, exercise any or all of the following remedies: (i) Enforce this Agreement by appropriate action to collect amounts due or to become due hereunder, by acceleration of otherwise, or to cause Lessee to perform its other obligations hereunder in which event Lessee shall be liable for all costs and expenses incurred by Lessor; (_) Take possession of the Property, without demand or notice and without court order or any process of law, and remove and relet the same for Lessee's account, in which event Lessee waives any and all damages resulting therefrom and shall be liable for all costs and expenses incurred by Lessor in connection therewith and the difference, if any, between the amounts to be paid pursuant to Section 1 hereof and the amounts received and to be -eceived by Lessor in connection with any such reletting; (3) Terminate this Agreement and repossess the Property, in which event Lessee shall be liable for any amounts payable hereunder through the date of such termination and all costs and expenses incurred by Lessor in connection therewith; (4) Sell the Property or any portion thereof for Lessor's account at public or private sale, for cash or credit, without demand on STATE OF TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT 5H-4 z notice to Lessee of Lessor's intention to do so, or relet the Property for a term and a rental which may be equal to, greater than or less than the rental and term provided herein. If the proceeds from any such sale or rental payments received under a new agreement made for the periods prior to the expiration of this Agreement are less than the sum of (i) the costs of such repossession, sale, relocation, storage, reconditioning, reletting and reinstallation (including but not limited to reasonable attorneys' fees), (ii) the unpaid principal balance derived from Exhibit B as of the last preceding Lease Payment Date specified in Exhibit B, and (W) any past due amounts hereunder (plus interest on such unpaid principal balance at the rate specified in Section 20 hereof, prorated to the date of such sale), all of which shall be paid to Lessor, Lessor shall retain all such proceeds and Lessee shall remain liable for any deficiency; or (s) Pursue and exercise any other remedy available at law or in equity, in which event Lessee shall be liable for any and all costs and expenses incurred by Lessor in connection therewith. "Costs and expenses," as that term is used in this Section 14, shall mean, to the extent allowed by law: (i) reasonable attorneys' fees if this Agreement is referred for collection to an attorney not a salaried employee of Lessor or the holder of this Agreement; (fi) court costs and disbursements including such costs in the event of any action necessary to secure possession of the Property; and (iii) actual and reasonable out-of-pocket expenses incurred in connection with any repossession or foreclosure, including costs of storing, reconditioning and reselling the Property, subject to the standards of good faith and commercial reasonableness set by the applicable Uniform Commercial Code. Lessee waives all rights under all exemption laws. (6) Under no circumstances shall Lessee be liable under this subsection 14 (b) for any amount in excess of the sum appropriated pursuant to Section I hereof for the previous and current fiscal years, less all amounts previously due and paid during such previous and current fiscal years from amounts so appropriated. 15. Termination. Unless Lessee has properly exercised its option to purchase pursuant to Section 13 hereof, lessee shall, upon the expiration of the term of this Agreement or any earlier termination hereof pursuant to the terms of this Agreement, deliver the Property to Lessor unencumbered and in at least as good condition and repair as when delivered to Lessee, ordinary wear and tear resulting from proper use alone excepted, by loading the Property, at Lessee's sole expense, on such carrier, or delivering the Property to such location, as Lessor shall provide or designate at or within a reasonable distance from the general location of the Property. If Lessee fails to deliver the Property to Lessor, as provided in this Section 15, on or before the date of termination of this Agreement, Lessee shall pay to Lessor upon demand, for the hold -over period, a portion of the total payment for the applicable period as set forth in Exhibit B prorated from the date of termination of this Agreement to the date Lessee either redelivers the Property to Lessor or Lessor repossesses the Property. 16. Assignment. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Agreement or the Property or any interest in this Agreement or the Property; or (ii) sublet or lend the Property or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and to this Agreement, the Property and any other documents executed with respect to this Agreement and/or grant or assign a security interest in this Agreement and the Property, in whole or in part. Any such assignees shall have all of the rights of Lessor under this Agreement. Subject to the foregoing, this Agreement inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. No assignment or reassignment of any of Lessor's rights, title or interest in this Agreement or the Property shall be effective with regard to Lessee unless and until Lessee shall have received a copy of the document by which the assignment or reassignment is made, disclosing the name and address of such assignee. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge receipt of such assignments in writing if so required. During the term of this Agreement, Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with the United States Internal Revenue Code of 1986, Section 149 (a), and the regulations, proposed or existing, from time to time promulgated thereunder. 17. Personal Property. The Property is and shall at all times be and remain personal property. 18. Title. Upon acceptance of the Property by Lessee hereunder, Lessee shall have title to the Property during the term of this Agreement; however, in the event of (i) an Event of Default hereunder and for so long as such Event of Default is continuing, or (ii) termination of this Agreement pursuant to the provisions of Section 2 hereof, title shall be reverted immediately in and shall revert to Lessor free of any right, title or interest of Lessee unless Lessor elects otherwise. 19. Lessor's Right to Perform for Lessee. If Lessee fails to make any payment or perform or comply with any of its covenants or obligations hereunder, Lessor may, but shall not be required to, make such payment or perform or comply with such covenants and obligations on behalf of Lessee, and the amount of any such payment and the expenses (including but not limited to reasonable attorneys' fees) incurred by Lessor in performing or complying with such covenants and obligations, as the case may be, together with interest thereon at the highest lawful rate, shall be payable by Lessee upon demand. 20. Interest on Default. If Lessee fails to pay any Lease Payment specified in Section 1 hereof within thirty (30) days after the due date thereof, Lessee shall pay to Lessor interest on such delinquent payment from the due date until paid at the highest lawful rate. 21. Notices. Any notices to be given or to be served upon any party hereto in connection with this Agreement must be in writing and may be given by certified or registered mail, and shall be deemed to have been given and received forty-eight (48) hours after a registered or certified letter containing such notice, postage prepaid, is deposited in the United States mail, and if given otherwise shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notice shall be given to the parties at their respective addresses designated on the signature page of this Agreement or at such other address as either party may hereafter designate. 22. Security Interest. As security for Lessee's covenants and obligations hereunder, Lessee hereby grants to Lessor, and its successors, a security interest in the Property, all accessions thereto and proceeds therefrom, and, in addition to Lessor's rights hereunder, all of the rights and benefits of a secured party under the Uniform Commercial Code as in effect from time to time hereafter in the State in which the Property is located or any other State which may have jurisdiction over the Property. Lessee agrees to execute, acknowledge and deliver to Lessor in recordable form upon request financing statements or any other instruments with respect to the Property or this Agreement considered necessary or desirable by Lessor to perfect and continue the security interest granted herein in accordance with the laws of the applicable jurisdiction. 23. Tax Exemption. Lessee acknowledges and agrees that the Lease Payments have been calculated by Lessor assuming that the interest portion of each Lease Payment is exempt from Federal Income Taxation. Lessee represents, warrants and covenants that it will do or refrain from doing all things necessary or appropriate to insure that the interest portion of the Lease Payments is exempt from Federal Income Taxation, including, but not limited to, executing and filing all information statements required by Section 149(e) of the Internal Revenue Code of 1986, as amended, and timely paying, to the extent of available funds, amounts required to be rebated to the United States pursuant to Section 148(f) of the Internal Revenue Code of 1986, as amended. 24. Miscellaneous. (a) Lessee shall, whenever requested, advise Lessor of the exact location and condition of the Property and shall give the Lessor immediate notice of any attachment or other judicial process affecting the Property, and indemnify and save Lessor harmless from any loss or damage caused thereby. Lessor may, for the purpose of inspection, at all reasonable times enter upon any job, building or place where the Property and the books and records of the Lessee with respect thereto are located. (b) Lessee will take no action that would cause the interest portion of the Lease Payments to become coverage in gross income of the recipient for federal income tax purposes under the Internal Revenue Code of 1986 (the "Code") and Treasury Regulations promulgated thereunder (the "Regulations"), and Lessee will take and will cause its officers, employees and agents to take all affirmative actions legally within its power necessary to ensure that the interest portion of the Lease Payments does not become coverage in gross income of the recipient for federal income tax purposes under the Code and Regulations. (c) Lessee agrees to equitably adjust the payments payable under this Agreement if there is a determination for any reason that the interest payable pursuant to this Agreement (as incorporated within the schedule of payments) is not excludable from income in accordance with the Internal Revenue Code of 1986, as amended, such as to make Lessor and its assigns whole. (d) Time is of the essence. No covenant or obligations hereunder to be performed by Lessee may be waived except by the written consent STATE OF TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT 5H-5 of Lessor, and a waiver of any such covenant or obligation or a forbearance to invoke any remedy on any occasion shall not constitute or be treated as a waiver of such covenant or obligation as to any other occasion and shall not preclude Lessor from invoking such remedy at any later time prior to Lessee's cure of the condition giving rise to such remedy. Lessor's rights hereunder are cumulative and not alternative. (e) This Agreement shall be construed in accordance with, and governed by, the laws of the State in which the Property is located. Venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. (f) This Agreement constitutes the entire agreement between the parties and shall not be modified, waived, discharged, terminated, amended, altered or changed in any respect except by a written document signed by both Lessor and Lessee. (g) Any term or provision of this Agreement found to be prohibited by law or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without, to the extent reasonably possible, invalidating the remainder of this Agreement. (h) The Lessor hereunder shall have the right at any time or times, by notice to Lessee, to designate or appoint any person or entity to act as agent or trustee for Lessor for any purposes hereunder. (i) All transportation charges shall be home by Lessee. Lessee will immediately notify Lessor of any change occurring in or to the Property, of a change in Lessee's address, or in any fact or circumstance warranted or represented by Lessee to Lessor, or if any Event of Default occurs. 0) Use of the neuter gender herein is for purposes of convenience only and shall be deemed to mean and include the masculine or feminine gender whenever and wherever appropriate. (k) The captions set forth herein are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. (1) Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns, where permitted by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the 6 day of LESSOR: Government Capital Corporation RY: Stewart C. Shirey, Senior Vice President OR Timothy G. Temple, President 345 Miron Drive Southlake, TX 76092 LESSEE: City of Southlake Black, Director of Public Safety 667 North Carroll Avenue Southlake, TX 76092 ATTEST SIGNATURE PRINT® NAME PRINTED TITLE: ATTEST SIGNATURE! PRINTFDNAME /L PRINTED TITLE SH-6 STATE OF TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT in the year EXHIBIT A `�- DESCRIPTION OF PROPERTY MUNICIPAL LEASE -PURCHASE AGREEMENT (THE "AGREEMENT") BY AND BETWEEN LESSOR, Government Capital Corporation and LESSEE, City of Southlake Dated as of December 5, 2000 QTY DESCRIPTION A FIRE TRUCK as follows One (1) 2001 Lance Custom Pumper with Quantum Option 0 PROPERTY LOCATION: Fire Station, 667 North Carroll Avenue, Southlake, TX SH-7 STATE OF TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT GOVERNMENT CAPITAL CORPORATION GOVERNMENT CAPITAL CORPORATION EXHIBIT B » SCHEDULE OF PAYMENTS &PTION TO PURCHASE PRICE.« LESSEE: City of Southlake PMT PMT DATE TOTAL INTEREST PRINCIPAL OPTION TO PURCHASE NO. MO. DAY Y PAYMENT PAID PAID after pmt on this line 1 10/05/01 $65,150.74 2 10/05/02 $65,150.74 3 10/05/03 $65,150.74 4 10/05/04 $65,150.74 5 10/05/05 $65,150.74 6 10/05/06 $65,150.74 7 10/05/07 $65,150.74 10/05/08 $65,150.74 Grand Totals $521,205.92 $21,731.35 $22,954.79 $20,253.40 $17,379.07 $14,320.73 $11,066.59 $7,604.13 $3,919.99 $119,230.05 $43,419.39 $42,195.95 $44,897.34 $47,771.67 $50,830.01 $54,084.15 $57,546.61 $61,230.75 $401,975.87 $370,249.51 $325,462.49 $278,212.19 $228,363.12 $175,772.35 $120,289.09 $61,754.25 $1.00 ACCEPTED BY LESSEE: )� Rick Black, Director of Public 5H-8 INCUMBENCY, INSURANCE, AND ESSENTIAL USE CERTIFICATES `- MUNICIPAL LEASE -PURCHASE AGREEMENT (THE "AGREEMENT") BY AND BETWEEN LESSOR, Government Capital Corporation and LESSEE, City of Southlake Dated as of December 5, 2000 I, Sandra Legrand, (NAME), do hereby certify that I am the duly elected or appointed and acting City Secretary (Keeper of the Records) (TITLE), of City of Southlake, a political subdivision or agency duly organized and existing under the laws of the State of Texas, that I have custody of the records of such entity, and that, as of the date hereof, the individual(s) named below are the duly elected or appointed officer(s) of such entity holding the office(s) set forth opposite their respective name(s). I further certify that (i) the signature(s) set opposite their respective name(s) and title(s) are their true and authentic signature(s), and (ii) such officers have the authority on behalf of such entity to enter into that certain Municipal Lease -Purchase Agreement dated as of December 5, 2000 between such entity and Government Capital Corporation. NAME TITLE SIGNATURE Rick Black, Director of Public Safet IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such entity hereto this,., of BY: Sandra Legrand, City Secretary "'Lessee certifies that property and liability insurance, if applicable, have been secured in accordance with the Agreement and such coverage will be maintained in full force for the term of the Agreement. "Lessor or its Assigns" and Lessee should be designated as joint loss payees until Lessee is notified, in writing, to substitute anew loss payee. The following information is provided about insurance: INSURANCE COMPANY/AGENTS NAME: jC INSURANCE COMPANY ADDRESS: PHONE NUMBER: POLICY NUMBER i I, Rick Black, Director of Public Safety, of City of Southlake ("Lessee"), hereby certify that the Equipment, to be leased to the undersigned under the certain Lease Agreement, dated as of December 5, 2000 between such entity and Government Capital Corporation ("Lessor"), will be used by the undersigned Lessee for the following purpose: The undersigned hereby represents that the use of the Equipment is essential to its proper, efficient and economic operation. IN WITNESS WHEREOF, I have set my hand this r- day of , 19 BY LESSEE: /r Rick Black, Director of.Public Safety FOR LESSEE: City of Southlake 5H-9 STATE OF TEXAS MUNWIPAL LEASE -PURCHASE AGREEMENT CERTIFICATE OF ACCEPTANCE MUNICIPAL LEASE -PURCHASE AGREEMENT (THE "AGREEMENT") BY AND BETWEEN LESSOR, Government Capital Corporation and LESSEE, City of Southlake Dated as of December 5, 2000 1. ACCEPTANCE: In accordance with the Agreement, Lessee hereby certifies that all of the Property described herein (i) has been received by Lessee, (ii) has been thoroughly examined and inspected to the complete satisfaction of Lessee, (iii) had been found by Lessee to be in good operating order, repair and condition, (iv) has been found to be of the size, design, quality, type and manufacture specified by Lessee, (v) has been found to be and is wholly suitable for Lessee's purposes, and (vi) is hereby unconditionally accepted by Lessee, in the condition received, for all purposes of this Agreement. 2. PROPERTY: A FIRE TRUCK, see Exhibit A herein for detail 3. USE: The primary use of the Property is as follows: 4. PROPERTY LOCATION: Fire Station, 667 Carroll Avenue, Southlake, TX 5. INVOICING: Invoices shall be sent to the following address, including to whose attention invoices should be directed: 6. INSURANCE: Lessee certifies that property and liability insurance have been secured in accordance with the Agreement and such coverage will be maintained in force for the term of the Agreement. Lessor will be designated as loss payee until Lessee is notified, in writing, to substitute a new loss payee. Company Insured Election to self -insure in accordance with Section 10 of the Agreement. 7. MAINTENANCE: In accordance with Section 6 of the Agreement, Lessee agrees to, at its own expense, service, repair and maintain the Property for the term of the Agreement as follows: Maintenance Contract Election to self -maintain BY LESSEE: r �. Rick Black, Director of Public Safety FOR LESSEE: City of Southlake ACCEPTED on this the V day of X , SH-10 STATE OF TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT [to be retyped on letterhead of lessee's counsel] Government Capital Corporation Attn: Ms. D. Laffoon 345 Miron Drive Southlake, TX 76092 RE: Municipal Lease -Purchase Agreement dated as of December 5, 2000: Dear Lessor, I have acted as Counsel to City of Southlake with respect to that certain Municipal Lease -Purchase Agreement dated as of December 5, 2000 by and between Government Capital Corporation as Lessor and City of Southlake as Lessee. I have reviewed the Agreement and such other documents, records and certificates of Lessee and appropriate public officials as I have deemed relevant and am of the opinion that: 1. The Lessee is a political subdivision or agency of the State of Texas with the requisite power and authority to incur obligations, the interest on which is exempt from taxation by virtue of Section 103(a) of the Internal Revenue Code of 1986; 2. The execution, delivery and performance by the Lessee of the Agreement have been duly authorized by all necessary action on the part of the Lessee; and 3. The Agreement constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms. 4. The above opinions may be relied upon by the Lessee, Lessor, or its Assigns. Sincerely, Attorney at Law SH-11 STATE OF TEXAS MUNICIPAL LEASE -PURCHASE AGREEMENT RESOLUTION # A RESOLUTION REGARDING A LEASE PURCHASE AGREEMENT FOR THE PURPOSE OF PROCURING A FIRE TRUCK WHEREAS, City of Southlake desires to enter into that certain Lease -Purchase Agreement dated as of December 5, 2000 by and between City of Southlake and Government Capital Corporation, for the purpose of procuring a fire truck. The City desires to designate Rick Black, Director of Public Safety, as an authorized signer of the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF THE CITY OF SOUTHLAKE: Section 1. That the City enter into a Lease Purchase Agreement with Government Capital Corporation for the purpose of procuring a fire truck. Section 2. That the City designates Rick Black, Director of Public Safety, as an authorized signer of the Lease Purchase Agreement dated as of December 5, 2000 by and between the City of Southlake and Government Capital Corporation. PASSED AND APPROVED by the Board of the City of Southlake in a meeting held on the day of , 19 ATTEST: r Signature Sandra Legrand Printed Name City Secretary Printed Title Signature Rick Stacy Printed Name Mayor Printed Title 5H-12 STATE OF TEXAS MUNICIPAL LFASE-PURCHASE AGREEMENT 10 ESCROW AGREEMENT MUNICIPAL LEASE -PURCHASE AGREEMENT (THE "AGREEMENT") BY AND BETWEEN LESSOR, Government Capital Corporation and LESSEE, City of Southlake Dated as of December 5, 2000 THIS ESCROW AGREEMENT (the "Agreement") is made and entered into as of December 5, 2000, ("Agreement Date") by and among Government Capital Corporation ("Lessor"), City of Southlake ("Lessee") and ("Agent'). WITNESSETH: WHEREAS, Lessor and Lessee have entered into a certain Municipal Lease -Purchase Agreement dated as of December 5, 2000, (the "Lease") pursuant to which the property more particularly described therein (the "Equipment') will be leased to the Lessee under the terms stated in the Lease; WHEREAS, Lessor and Lessee desire to make funding arrangements for the acquisition of the Equipment, and Agent agrees to serve as escrow agent for such funding and acquisition; NOW THEREFORE, in consideration of the mutual agreements and covenant herein contained and for other valuable consideration, the parties hereby agree as follows: 1. Agent shall undertake the duties and obligations of escrow agent as set forth in this Agreement. Agent shall not be deemed to be a party to the Lease. 2. Lessor has delivered to Agent the sum of $ 401, 975.87 ("Escrow Amount') for deposit by Agent in the City of Southlake Escrow Account (the "Fund"). The Fund will be administered by Agent pursuant to the terms of this Agreement. 3. Deposits in the Fund shall be used to pay for the acquisition of the Equipment. The Equipment may be acquired as individual items or as groups of items. Agent shall make disbursements from the Fund in payment for the acquisition of each item or group of items of the Equipment promptly upon receipt of a properly executed Payment Request Form, in the form attached hereto as Exhibit "A", for that portion of the acquisition of the Equipment for which payment is requested. Upon full acquisition of an item or group of items of the Equipment, any remaining cost of such item or group of items shall be disbursed promptly by the Agent upon receipt of properly executed Acceptance Certificate and a corresponding Payment Request Form in the form attached hereto as Exhibit "A", for that portion of the Equipment for which payment is requested. Payment by Agent shall be to the payee shown on the Payment Request Form. 4. Agent will invest *the Fund, as specified by Lessor, in general obligations of the United States or in obligations fully insured by the United States or in certificates of deposit of a bank which is either fully insured by an agency of the federal government or fully collateralized by such federal or federally guaranteed obligations. Agent will retain in the Fund all earnings from investment of the Fund until termination of the Fund pursuant to Section 5 hereof. 5. Upon execution of one or more Certificates of Acceptance by Lessee and payment of acquisition costs by Agent for all the Equipment, this Agreement and the Funds shall terminate, and Agent shall transfer to Lessor all remaining sums in the Fund. If not terminated earlier, this Agreement and the Fund shall terminate on , December 5, 2002 ("Termination Date"). In this latter event, interest accrued pursuant to investment of the Fund under the terms of Section 4 hereof and ill remaining principal in the Fund shall be transferred by Agent to Lessor; Exhibit "A" attached to the Lease shall thereupon be revised to delete any nonacquired portions of the Equipment and to substitute an amended amortization payment schedule to reflect the reduced acquisition costs. 6. Lessor and Lessee may by written agreement between themselves remove the Agent, at any time and for any reason, and appoint a successor escrow agent. Such removal shall not be effective until thirty (30) days after written notice thereof if provided to Agent. 7. Agent may at any time and for any reason resign as escrow agent by giving written notice to Lessor and Lessee of its intention to resign and of the proposed date of resignation, which date shall be not less than thirty (30) days after giving Lessee and Lessor written notice of intent to resign, nor less than thirty (30) days after being appointed by Lessor and Lessee. 8. Agent shall have no obligation under the terms of this Agreement to make any disbursement except from the Fund. Agent makes no warranties or representations as to the Equipment or as to performance of the obligations of Lessor or Lessee under this Agreement or the Lease. 9. This Agreement may be amended by written agreement executed by all the parties. 10. This Agreement may be executed in several counterparts, each of which shall be an original. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. USSOR: Government Capital Corporation nv: Stewart C. Shirey, Senior Vice President OR Timothy G. Temple, President I.essaE City of Southlake AGFTT: nv X. Rick Black, Director of Public Safety BY: Agent Rep, Agent Rep Title SH-13 Farm 8038-G I Information Return for Tax -Exempt Governmental Obligations Do -Under Internal Revenue Code section 149(e) OMB No. 1545-0720 (Rev. May 1999) ► See separate Instructions. Department or the Treasury Internal Revenue Service Caution: Use Form 8038-GC if the issue price is under $700, 000. FOM ReDortina Authoritv If Amended Return. check here ► (—) 1 Issuer's name 2 Issuer's employer identification number City of Southlake 75 ; 1251142 3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 4 Report number 667 N. Carroll Avenue G - 2000 5 City, town, or post office, state, and ZIP code 6 Date of issue Southlake, TX 76092 December 5, 2000 7 Name of issue 8 CUSIP number 9 Name and title of officer or legal representative whom the IRS may call for more information 10 Telephone number of officer or legal representative Sandy LeGrand, City Secretary I ( 817 ) 481-5581 e of Issue (check applicable box(es) and enter the Issue rice) See instructions and attach schedule 11 ❑ Education . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 12 ❑ Health and hospital . . . . . . . . . . . . . . . . . . . . . . . 13 ❑ Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . _ 14 © Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ❑ Environment (including sewage bonds) . . . . . . . . . . . . . . . . . 16 ❑ Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 17 El Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ 18 ❑ Other. Describe ► 19 If obligations are TANS or RANs, check box ► ❑ If obligations are BANS, check box 0-0 20 If obligations are in the form of a lease or installment sale, check box ► ® 11 12 13 14 401,975.87 15 16 17 18 ,.,,,,�,� ,' f�Ts'" Descrintion of Obligations. (( mmnlete for the entire issue for which this form is heinn filed.) (a) Final maturity date (b) Issue price (c) Stated redemption price at maturity (d) Weighted average maturity (e) Yield 21 NIA $ 401 975.87 $ NIA Eight 8 ears 6.402 % LOW Uses of Proceeds of Bond Issue(including underwriters' discount 22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . 22 23 401,975.87 23 Issue price of entire issue (enter amount from line 21, column (b)) . . . . . . . _ 24 Proceeds used for bond issuance costs (including underwriters' discount) _ 24 25 Proceeds used for credit enhancement . . . . . . . . . . . 25 26 Proceeds allocated to reasonably required reserve or replacement fund 26 27 Proceeds used to currently refund prior issues . . . . . 27 28 Proceeds used to advance refund prior issues _ 28 a 29 29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . 30 401,975.87 30 Nonrefunding proceeds of the issue subtract line 29 from line 23 and enter amount here . Description of Refunded Bonds (Complete this part only for refunding bonds. 31 Enter the remaining weighted average maturity of the bonds to be currently refunded ► years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded ► years 33 Enter the last date on which the refunded bonds will be called . . . . . . . . . . . ► 34 Enter the date(s) the refunded bonds were issued ► Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . , 35 401,975.87 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) 36a <> u b Enter the final maturity date of the guaranteed investment contract ► 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a b If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑ and enter the name of the issuer ► and the date of the issue ► 38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box . . . . ► 0 39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . . ► ❑ 40 If the issuer has identified a hedge, check box . ► ❑ Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Please Sign Rick Black, Director of PublicAME Here ' Signature of issuer's authorized representative Date , Type or print name and title For Paperwork Reduction Act Notice, see page 2 of the Instructions. cat. No. 63773s Form 8038-G (Rev. 5-99) 9 SH-14 THIS FINANCING STATEMENT IS PRESENTED TO A FILING OFFICER FOR FILING PURSUANT TO THE UNIFORM COMMERCIAL CODE. 11. ❑ CHECK TO REQUEST SAME DEBTOR SEARCH CERTIFICATE. (INSTRUCTION B.11) rft.fY OF SOUTHLAKE 1C. MAILINGADDRESS 1D. CITY, STATE 1E. ZIP CODE 667 North Carroll Avenue SouthlAke. Tx ktina9 2. AD 1 T I NAL DEBTOR (IF PERSONAL) LAST NAME FIRST NAME I M.I. 2A. PREFIX 2B. SUFFIX --1 1,JIMIC 1 [G. 41r tour GOVERNMENT CAPITAL CORPORATION 4A. MAILING ADDRESS 4B. CITY, STATE 4C. ZIP CODE 345 Miron Drive Southlake, TX 76092 covers or crops, ratures, nmoer or A PUMPER as follows (1) 2001 Lance Custom Pumper with Quantum Option VIN IF COLLATERAL ARE APPLICABLE ❑ ALSO COVERED 8. CHECK 8A. THIS FINANCING STATEMENT APPROPRIATE INSTEAD OF THE DEBTOR TC BOX COLLATERAL IN ACCORDANC OF DEBTOR(S) RICK STACY, MAYOR )c TO BE FILED FOR RECORD IN THE REAL ESTATE RECORDS fHE SECURED PARTY :CURITY INTEREST IN :TION B. 8 ITEM: NUNA 1 UKt(J) OF SECURED PARTY(IES)STEWART C. SHIREY, SENIOR VICE PRESIDENT 10. Hetum copy to: NAME F ZESS GOVERNMENT CAPITAL CORPORATION "�+.17EZIP 345 Miron Drive Southlake, TX 76092 L 5H-15 SHEETS PRESENTED 0 ❑ (1) ❑ (2) ❑ (3) ❑ (4) ❑ (5) THIS SPACE FOR USE OF FILING OFFICER (DATE, TIME, NUMBER, FILING OFFICER) I: THIS FINANCING STATEMENT IS PRESENTED TO A FILING OFFICER FOR FILING PURSUANT TO THE UNIFORM COMMERCIAL CODE. 11. CHECK TO REQUEST SAME DEBTOR SEARCH CERTIFICATE. (INSTRUCTION B.11) rY OF SOUTHLAKE 1C. MAILING ADDRESS 1D. CITY, STATE 1E. ZIP CODE 667 North Carroll Avenue �Southlake, TX 76092 2. ADDITIONAL (IF PERSONAL) LAST NAME I FIRST NAME I M.I. 2A. PREFIX 2B. SUFFIX 2C. MAILING ADDRESS 2D. CITY, STATE 2E. ZIP CODE 3. ADDITIONAL DEB R (IF PERSONAL) AM FIRST NAME I M.I. 3A, PREFIX 3B. S UFFIX JU. MAILINU AUUKtJJ 4. SECURED PARTY (IF PERSONAL) LAST NAME I FIRST NAME M.I. GOVERNMENT CAPITAL CORPORATION 7 4A. MAILING ADDRESS 4B. CITY, STATE 4C. ZIP CODE 345 Miron Drive Southlake, TX 76092 Ishlsh FINANCING STATEMENT covers the following types or items of property.(If collateral Is crops, A PUMPER as follows (1) 2001 Lance Custom Pumper with Quantum Option VIN or IF COLLATERAL ARE TO BE FILED FOR RECORD IN SHEETS APPLICABLE ALSO COVERED D THE REAL ESTATE RECORDS. PRESENTED 0 8. CHECK 8A. THIS FINANCING STATEMENT IS SIGNED BY THE SECURED PARTY APPROPRIATE INSTEAD OF THE DEBTOR TO PERFECT A SECURITY INTEREST IN BOX COLLATERAL IN ACCORDANCE WITH INTRUCTION B. 8 ITEM: (1) (2) D (3) (4) (5) U. bIUNAILIKL(b) THIS SPACE FOR USE OF FILING FFICER OF (DATE, TIME, NUMBER, FILING OFFICER) DEBTOR(S) RICK STACY, MAYOR OF SECURED PARTY(IES)STEWART C. SHIREY, SENIOR VICE PRESIDENT 10. Return copy to: NAME F 'RESS GOVERNMENT CAPITAL CORPORATION `,,,TEZIP 345 Miron Drive Southlake, TX 76092 L 5H-16 EXHIBIT A AND ATTACHMENT 1 MUNICIPAL LEASE -PURCHASE AGREEMENT (THE "AGREEMENT") BY AND BETWEEN LESSOR, Government Capital Corporation nd LESSEE, City of Southlake Dated as of December 5, 2000 PAYMENT REQUEST FORM , acting as escrow agent (the "Agent') under the Escrow Agreement dated as of December 5, 2000, Escrow Date) by and among the Agent, Government Capital Corporation as Lessor and City of Southlake as Lessee, is hereby requested to pay to the person or corporation designated below as Payee the sum set forth below in payment of the acquisition and installation costs of the equipment described below. The amount shown below is due and payable under the invoice of Payee with respect to the described equipment and has not formed the basis any prior request for payment. PAYEE: AMOUNT: DESCRIPTION OF EQUIPMENT: DATED: Indicate Method for Payment Disbursement: Overnight Check Regular Mail Check Wire Funds Mailing Address: _ N%W. iFssw City of Southlake nY: Rick Black, Director of Public Safety rFssoR Government Capital Corporation NAML VON Wire Instructions: ACCEPTANCE CERTIFICATE City of Southlake as Lessee under that certain MUNICIPAL LEASE -PURCHASE AGREEMENT dated as of December 5, 2000, "Agreement Date") (the "Lease"), hereby acknowledges receipt in good condition of all the equipment described on the attached Exhibit "A," hereby accepts such equipment and hereby certifies that Lessor has fully and satisfactorily performed all covenants and conditions to be performed by it under the Lease with regard to such equipment, that such equipment is fully insured in accordance with Section 10 of the Lease and that such equipment constitutes all or a portion of the Equipment as that term as defined in the Lease. Date: , 19 iFssFe City of Southlake BY' Rick Black, Director of Public Safety 5H-17 SIGNING INSTRUCTIONS If you have any questions, please call Darlene Laffoon at 800-883-1199. Enclosed find our Municipal Lease -Purchase Agreement for the financing ofyour current equipment needs. Please sign the following documents as indicated by red "x" and have a witness sign (Attest) as indicated. ♦ FINANCIAL INFORMATION Please send the most current two (2) years audited financial statements (complete, bound) and a budget for the current fiscal year. ♦ MUNICIPAL LEASE -PURCHASE AGREEMENT Review and verify information contained in this document. The Agreement requires signature by an authorized individual with the signature witnessed/attested. ♦ EXHIBIT "B" Review the Payment Schedule and sign as indicated. ♦ INCUMBENCY CERTIFICATE To be signed by the authorized individual with the signature witnessed by the "Keeper of the Records", i.e., Secretary of the Board, Clerk of the Board, City Secretary, or other Administrative Official. ♦ INSU_RANCE CERTIFICATE Must provide current Insurance Information, i.e., Company name, Address, Policy Number, etc. If you are Self -Insured, please indicate. ♦ ATTORNEY'S OPINION Provided by your attorney on firm's letterhead using format provided. Urge your attorney to call us with `r► any questions, comments, or suggestions. ♦ RESOLUTION Authorizes the actual transaction and the signing individual(s) authority. Sign as indicated. ♦ 8038 FORM Either an 8038G or 8038GC required by the IRS. Sign and date the form. We will file on your behalf. ♦ UCC FORM Requires signature as "Debtor". We will file on your behalf. ♦ ADV CE PAYMENT A h Include any Advance Payment or Fee as invoiced "Due At Signing" with the return documents. ♦ ESCROW AGREEMENT Sign as indicated. An "Agent" will be determined upon our receipt of the documents. Keep the Payment Requests and Acceptance Certificates until you want to disburse funds. When you are ready to disburse funds submit these original forms signed, dated, and with an original vendor invoice to the below address. Please return all original documents and any payments due to: Ms. Darlene Laffoon, Documentation Department GOVERNMENT CAPITAL CORPORATION 345 Miron Drive, Southlake, TX 76092 5H-18 City of Southlake, Texas MEMORANDUM December 29, 2000 TO: Billy Campbell, City Manager FROM: Bruce Payne, Director of Planning SUBJECT: 2001 Submittal Schedule Action Requested: Background Information: Financial Considerations: Citizen Input/ Board Review: Legal Review: Alternatives: Approval of the 2001 development application submittal and meeting schedule. This is the schedule that establishes deadlines for development application submissions, Development Review Committee meetings and the corresponding Planning and Zoning Commission and City Council meeting. The schedule proposes canceling City Council and Planning and Zoning Commission meetings which fall on or near a holiday. It also proposes canceling the corresponding application submissions associated with those meetings. The following meetings are proposed for cancellation: City Council July 3, 2001 P & Z July 5, 2001 Dec. 20, 2001 Dec. 18, 2001 Jan. 1, 2002 Reason Occurs the week of July 4' Holiday Occurs the week preceding Christmas Falls on New Years Day The pre -submittal and formal submittal dates corresponding to the canceled Planning and Zoning meetings have also been eliminated. This is to prevent a back log of items which have no corresponding meetings. None None None Required The City Council may vary the proposed schedule as desired. Agenda Item 5I Page 1 Supporting Documents: Staff Recommendation: A draft schedule is attached showing the proposed cancellations. Approve as proposed. Agenda Item 5I Page 2 2001 SUBMITTAL SCHEDULE Pre -Submittal/ DRC Deadline Staff DRC Meeting Review Comments Formal Submittal Planning & Zoning Meeting City Council Meeting 11/13/00 11/23/00 11/27/00 12/04/00 ._ -. 12/21/00 01/02/01 11/27/00 12/07/00 12/11/00 12/18/00; _s 01/04/01 01/16/01 12/11/00 12/21/00 12/25/00 01/02/01 Tuesa 01/18/01 02/06/01 01/02/01 Tues 01/11/01 01116101 Tues 01/22/011 L, 02/08/01 02/20/01 01116101 Tues 01 /25/01 01 /29/01 �-02/05/01 .. ; 02/22/01 03/06/01 01/29/01 02/08/01 02/12/01 02/19/01::: ,;> 03/08/01 03/20/01 02/12/01 02/22/01 02/26/01 03/05/01,- , : 03/22/01 04/03/01 02/26/01 03/08/01 03/12/01 _ 03/19/01" 04/05/01 04/17/01 03/12/01 03/22/01 03/26/01 04/02/01,:T ,w.:. 04/19/01 05/01 /01 03/26/01 04/05/01 04/09/01 04/16/01 05/03/01 05/15/01 04/09/01 04/19/01 04/23/01 04/30/01 05/17/01 06/05/01 04/30/01 05/10/01 05/ 14/01 05/21 /01•..: 06/07/01 06/19/01 05/14/01 05/24/01 05/29/01 Tues 06/04/01, 06/21/01 aumgnl 9 8f8� 06497401 07/17/01 06/11 /01 06/21 /01 06/25/01 07/02101. ' ; 07/19/01 08/07/01 07/02101 07/12/01 07/16/01 - 07/23/01 08/09/01 08/21/01 07/16/01 07/26/01 07/30/01 08/06/01' :'i : ; 08/23/01 09/04/01 07/30/01 08/09/01 08/13/01 08/20/01;- .'' 09/06/01 09/18/01 08/13/01 08/23/01 08/27/01 0910410J'Tues :: 09/20/01 10/02/01 08/27/01 09/06/01 09/10/01 09/17/01.?L _. 10/04/01 10/16/01 09/10/01 09/20/01 09/24/01 10/01/01 s : ' 10/18/01 11/06/01 10/01 /01 10/11 /01 10/15/01 10/22/01 :. 11 /08/01 11 /20/01 10/15/01 10/25/01 10/29/01 - 11 /05/01, "•: 11 /22/01 12/04/01 10/29/01 11/08/01 11/12/01 1.1/19/01 i ;w 12/06/01 4� 11/26/01 12/06/01 12/10/01 12/17/01 . ,-i 01/03/02 01/15/02 12/10/01 - 12/20/01 12126101 Wed 12/31/01.1`1- 01/17/02 02/05/02 12/31/01 01/10/02 01/14/02 01/22/02 Tues- - 02/07/02 02/19/02 01/14/02 01/24/02 01/28/02 02/04/02 <,c:,f 02/21/02 03/05/02 Meeting falls on week of July 4th Holiday 2 Meeting falls the week preceding before Christmas Holiday 3 Meeting falls on New Year's Day 4 Submittal date coincides with a meeting that falls on a holiday week. Agenda Item Page 3 5I MEMORANDUM December 29, 2000 TO: Billy Campbell, City Manager FROM: Dennis Killough, Senior Planner CASE NO: ZA 99-096 SUBJECT: Variance to the Subdivision Ordinance No. 483, Section 4.01(I)2 (Plat Expiration), as amended, Extending the Validity of Case No. ZA 99-096, Final Plat — Lots 1-4, Block 1, Sabre Group Campus On November 18, 1999 the Planning and Zoning Commission approved the above referenced plat. This plat has not yet been filed in the County Plat Records and expired on November 18, 1999. The consultant for the project, Brockette — Davis — Drake, Inc., acting on behalf of the owner, TSG Trust 1999-1, has requested that the validity of this plat be extended to September 15, 2001 days from the date of City Council's action upon this request. Because this plat has expired, a variance to Section 4.01(I)2 of Subdivision Ordinance No. 483, as amended, (shown below) will be required if the extension is to be granted. "2. All other plats: A Final Plat, Plat Revision, Amended Plat or a Plat Showing which has not been recorded in the County Plat Records within one year of the date of approval shall expire. " A letter from Brockette — Davis — Drake, Inc. along with a location map and a reduced copy of the plat is attached for your convenience. Please place this item on the next Council agenda for their consideration. DKK att: Letter requesting variance Location Map Reduction of the plat N:\Community Development\WP-FILES\MEMO\99CASES\99-096PE.doc Case No. Agenda Item ZA00-096 51 Page 1 1 BROCKETTE • DAVIS • DRAKE, inc. consulting engineers November 16, 2000 Mr. Karen Gandy City of Southlake 1721 E. Southlake Blvd., Suite 1100 Southlake, Texas 76092 RE: LOTS 1-4, BLOCK 1 SABRE CORPORATE CAMPUS ADDITION BDD PROJECT NO. C99201 Dear Karen: Via facsimile: 817-488-9370 and U. S. Postal Service Brockette-Davis-Drake, Inc. would respectfully request an extension to the deadline of filing the above referenced final plat. Sabre is in the process of designing phase 11 for the project and modification may be required. Should you have any questions and/or comments, please feel free to call.. Thank you for your time in this matter. Sincerely, BROCKETTE-DAVIS /" , a" James A. Riley, P.E. Project Director JAR/ab C'D NOV 4 V Z000 Case No. Agenda Item Page 2 ZA00-Q94l & Structural Engineering • Surveying 5J 4144 North Central Expressway, Suite 1 100 • Dallas, Texas 75204 (214) 824-3647 • Civil/Survey Fax (214) 824-7064 • Structural Fax (214) 824-2586 Data\civil\C99201 \Sabre\Corr\Ltr to K Gandy @ C of Southlake 11 16 00 jar Dec 14 00 02:45p Sabre Corporate Campus (817) 430-3872 p.1 I n�zw&(-fec ll�eAC BROCk�TTE • DAMS • DR ( � / AKE, inc. consulting engineers November 16, 2000 Mr. Karen Gandy City of Southlake 1721 E. Southlake Blvd., Suite 1100 Southlake, Texas 76092 RE: LOTS 1-4r BLOCK 1 SABRE CORPORATE CAMPUS ADDITION BDD PROJECT NO. C99201 Dear Karen: Via facsimile: 817-488-9370 and U. S. Postal Service Brockette-Davis-Drake, Inc. would respectfully request an extension to the deadline of trying the above referenced final plat. Sabre is in the process of designing phase II for the project and modification may be required. Should you have any questions and/or comments, please feel free to call,. Thank you for your time in this matter. Sincerely, BROCKETTE-DAVIS-DRAKE, INC. James A. Riley, P.E. Project Director JAR/ab �1� moo.- yY&z �� ��c ��ON 5� /i►iG G 1,9C % D A-5,1- /V (- /f'" �C R-W$/O/V (/rN17L- SG�ir ��32 /5 Zoo/� DAL Scr Civil & Struccural Engineering - Surveying 4144 North Central Express"ay, Suite 1 100 • Dallas. Texas 7S204 Case No. (214) 824.3647 . Ciril/Surver Fax (214) 824AIdndglljte*Fax (214) 624-2586 L Y 3 Z A 00-0 6 574#" �Y0201%UbmICo ALtr toK Gancy @ C a Soulhiako 11 16 00 Jar t ti cod 91352 b28 Vie DNI 13,'*0 /SIntid/311xXud8 55 51 000Z-00-At7 / Case No. ZA00-096 Vicinity Map Lots 1-4, Block 1, Sabre Group Campus 2000 0 2000 4000 Feet W E S Agenda Item 5J Page 4 I Z. RIMM11111 nWn r ��� n ��1����1�11111�1111, °�� r�l�n�neNhi }pia as HMiinn- 714111, �dhFdr�r�Ad6bne,■uehn� 1j�N��@@@@@e�eeeeeee��������p�p@�@����aeee�� 3;dqq tya ant ttf • t�t n� hHAhr nh�F r�dnnnn'ndn F� tA • 1��1��1�1���11�11�111111�1�1��CO D LA �• � ��:j ���yrlr� �111�1�� � 1p � �11����1,� ����y �1 1�1����,„ ���111��1� _ n eddFd E1n L+ n �___e_e n77 44444444t1,j�rrJdF� J� 1 ��I �19111 ��e�UN, 111MR121 1 MIT11T�IAl,ITIT N! °t htg� "o>° bojEjE��yp cF Yp�pr� � tiFtpv�] b�^r ��y��`Y• n bpi d isemil. �iJr ��9d b IP n � �p i asCC Ig�tet 2tl 1 �'R 6�a - ':I I e g 1�~� J � k �c aQi��� of p '� ' e8��saeaa� 1��gasesea 5 Ca! 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A A f1 8 71 B fi x ^ R R F n R k� �- k ��•g � E� S R�" n 6��� x n p � A R o�� o�_ R S e R� a A Y�I!glei �yeE{yy• gag iPyt � p' � ,� PT w !'�pp3 �j i{� �C�'S55 � sE4 �Eei i,�•I$�° .{{ Fab $ 1 ! !$ °!- { �€a ig $ j! ii, s a la€ { F _ �EGI� 6 a X= N yn % lip £t sP 9' s° g __, b{�` �g L �lll V jYb� It €6 6E E6 Ya FY j${ j_ €E axlj !I R i s i $ F $ i s i a R y 5 3 55� `° g s A ycypp <� �a Cgg F� R � F yg -A J� a t �alr ea° [s . • • • • • • hb is S ! bb g€t �� yi h �_ H 1: o City of Southlake Department of Planning STAFF REPORT December 29, 2000 CASE NO: ZA00-123 PROJECT: Lots 1 & 2, Simmons Addition REQUEST: On behalf of John Simmons and Chris and Nanette Lockhart, Fred Joyce -Mary Myer's Enterprises, Inc., is requesting approval of a plat vacation for Lots 1 & 2, Simmons Addition. ACTION NEEDED: Consider plat vacation. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat Reduction STAFF CONTACT: Dennis Killough (481-2073) Case No. ZA00-123 Agenda Item 5K I BACKGROUND INFORMATION OWNERS: John Simmons; Chris and Nanette Lockhart APPLICANT: Fred Joyce -Mary Myer's Enterprises, Inc. PROPERTY SITUATION: On the north side of Rainforest Court and on the south side of Brookwood Street. LEGAL DESCRIPTION: Lots 1 and 2, Simmons Addition, being 20.713 acres LAND USE CATEGORY: Low Density Residential and 100-Year Flood Plain CURRENT ZONING: "SF-lA" Single Family Residential District P&Z ACTION: December 7, 2000; Approved (7-0) on consent. STAFF COMMENTS: The purpose of this plat vacation is to eliminate easements and platted lot boundary in order to file a new final plat establishing a new lot boundary, new easements and right-of-way alignment. WCommunity Development\WP-FILES\MEMO\2000cases\00- I 23PV.doc Case No. ZA00-123 Agenda Item 5K Attachment A Page 1 Case No. ZA00-123 Vicinity Map Simmons Addition 2000 0 2000 4000 Feet ON W E S Agenda Item 5K Attachment B Page 1 O ! CD, a flll l,llt, IJIItt 11 1�,1 !� 1� � ! l ! ! I t ! ! ! ! � � ! 1 ! ! t !J jijjlljl •Ililtltililjtljjjtli� ! ;! ±1 ! �( 1 �J i,�, 1 I ., 1 JI !' !. }IJ j l J l l) 1 1! I 1 1 1 1 1 1 1 I +1I1J1111i++11J1111111111 1 1! .. , = 1,,.., ,..,_.!� •, . i• t=Ijl': ii �1,, fjF i,�.t! 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Q0 FP Il fn u� oa 'chipent C age 1 t IN N City of Southlake Department of Planning STAFF REPORT December 29, 2000 CASE NO: ZA00-084 PROJECT: Emerald Estates South REQUEST: On behalf of Frank S. Shelby, Allegheny Land Company is requesting approval of a rezoning to "SF-20A" and a concept plan for Emerald Estates South. The applicant amended their zoning change request before the Planning and Zoning Commission to "SF-30". ACTION NEEDED: 1. Conduct public hearing. 2. Consider concept plan request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary (E) Developer Comments (F) Surrounding Property Owner Map (G) Surrounding Property Owner Letters (H) Ordinance No. 480-351 (I) Blue line copies of plans (for P&Z and Council Members Only) STAFF CONTACT: Dennis Killough (481-2073) Case No. ZA00-084 Agenda Item 7A M OWNER: APPLICANT: PROPERTY SITUATION: HISTORY: LEGAL DESCRIPTION: LAND USE CATEGORY: CURRENT ZONING: REQUESTED ZONING: AMENDED ZONING REQUEST: TRANSPORTATION ASSESSMENT: BACKGROUND INFORMATION Frank S. Shelby Allegheny Land Company Located on the north side of East Dove Street approximately 120' east of North Carroll Avenue. The Final Plat of Emerald Estates South was approved in April of 1984. Lot 2, Block 1, Emerald Estates South Medium Density Residential "AG" Agricultural District "SF-20A" Single Family Residential District "SF-30" Single Family Residential District Thoroughfare Plan The Thoroughfare Plan recommends that East Dove Street be a five (5) lane undivided arterial with 94' of R.O.W. The Trail Master Plan calls for a bicycle/pedestrian trail on the north side of East Dove Street. Currently, 42' of right-of-way (R.O.W.) exists from the centerline. In lieu of dedicating an additional 5' of R.O.W., the applicant proposes the dedication of a pedestrian access easement to facilitate the trail. Existing Area Road Network East Dove Street- the properties will access directly onto East Dove Street. East Dove Street is currently a two (2) lane undivided east -west roadway with 50' of R.O.W. The current traffic counts on East Dove Street: 24hr West Bound (WB) (2,314 East Bound (EB) (2,290 WB Peak A.M. (176) 7a.m-8a.m. Peak P.M. (307) 5 .m.-6 .m. EB Peak A.M. (290) 7a.m-8a.m Peak P.M. 110 5 .m.-6 .m Traffic Impact Case No. Agenda Item Attachment A ZA00-084 7A Page 1 Approval of this project will generate 130 vehicle trips per day directly onto East Dove Street. East Dove Street is currently operating at a level of service (L.O.S) C during peak traffic times. WATER AND SEWER: The applicant is proposing to install an 8" sanitary sewer line to existing service along Lonesome Dove Road. An 8" water line exists along E. Dove Street. ESTIMATED IMPACT FEES*: Water $19,850.22 Assumes 11-1" meters Wastewater $12,369.17 Assumes 11-l" meters Roadway $16,452.37(Roadway Service Area 2 * Final Impact Fees are determined by the Building Services Department at the time of Building Permit Issuance. The fees shown above represent estimates prepared by the Planning Department. P&Z ACTION: November 9, 2000; Approved (4-0) subject to Concept Plan Review Summary No. 4, dated November 3, 2000, and subject to the following: • To allow the change to "SF-30" zoning; • To allow the variance to R.O.W. on East Dove Street providing 6' pedestrian access easement; • To allow the variance to the 100' lot width requirement with the minimum being 75 % • To accept the applicant's commitment to work with the surrounding residents on drainage and to maintain as many trees as possible and to insure that the canopy remains on Dove Street. P&Z SPEAKERS: In Favor Qualified In Favor Opposed Other -- 5 COUNCIL ACTION: December 5, 2000; Approved (5-2) First Reading subject to Concept Plan Review Summary No. 5, dated December 1, 2000, and subject to the following: • providing for a minimum lot width measured at the building setback line of 100' for Lots 4 & 6; • leaving the building setback side yards at 35' for Lots 3 & 7; • providing a single access from Dove Road for Lots 9-12; • allowing a drive for Lot 13 off of Dove Road; • noting in the deed restrictions (or covenants) for the property to the residents that there is a right-of-way along Dove Road of whatever width back from the edge of the roadway so that they will know where their property actually comes; • adding a variance to the right-of-way dedication as requested in lieu of a public easement for sidewalks as proposed by the applicant; Case No. Agenda Item Attachment A ZA00-084 7A Page 2 R • and understanding that the developer is going to have a meeting with the property owners to the rear, explaining the action taken by the City Council tonight in requiring a single access off of Dove for Lots 9-12. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 6, dated December 29, 2000. The following variances are being requested by the applicant: dedication of right-of-way for E. Dove Street in compliance with the Master Thoroughfare Plan, Subdivision Ordinance No. 483, Sect. 5.02D. Applicant proposes dedication of a 6' pedestrian access instead of an additional 5' of R.O.W. dedication. Variance to the lot width measured at the minimum 40' building setback line. Applicant proposes an increased building setback of 50' to achieve the 100' width. The applicant has shown two common access easements to serve the 4 most eastern lots fronting Dove Street The for most western lots fronting Dove are also served by common access easements which connect to the proposed internal cul-de-sac. This plan also shows a one lot reduction (total of 11 lots) from the prevoious plan presented to City Council (total of 12 lots). N:\Community Development\WP-FILES\MEMO12000cases\00-084ZC.doc Case No. ZA00-084 Agenda Item 7A Attachment A Page 3 N R Case No. ZA00-084 Vicinity Map Emerald Estates South 2000 0 2000 4000 Feet W E S Agenda Item 7A Attachment B Page 1 IM M I 1_: Mill 9��8 lrll�Q�MB � 7110 I it r NV7d JA33N00 SV)Ca '9XV'DiLnos ANVdYV00 QNV1 AN3H99TIV F �1 AMlil l z - - - Agenda Item 7A rl� 99 Attachmen�C Pal I a Q C� Ca IR CONCEPT PLAN REVIEW SUMMARY Case No.: ZA00-084 Review No.: Six Date of Review: 12/29/00 Project Name: Concept Plan — Emerald Estates South APPLICANT: ENGINEER: Allegheny Land Co. Adams Consulting Engineers, Inc. 17480 Dallas Parkway Ste. 110 2445 E. Southlake Blvd., Suite 100 Dallas, TX 75287 Southlake, TX 76092 Phone: 972-248-8155 Phone: 817-329-6990 Fax: 972-248-8171 Fax: 817-329-7671 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/20/00 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, 787. Provide dedication of right-of-way for E. Dove Street in compliance with the City's Master Thoroughfare Plan. (Variance requested to required RO. W. dedication (Subdivision Ordinance No. 483, Section 5.02D) under the provisions of Ord 483, Section 9.01A, in lieu of providing a 6' pedestrian access easement. See applicant letter). (P & ZAction: allow variance) (CC Action: Allow variance as proposed) 2. Provide 100' of lot width measured at the minimum front building setback line (40' BL). Lots 4 and 6 are deficient. (Variance requested) The City Council has permitted this in the past by allowing increased front building setback lines such that the lot width measured along the larger setback is 100' or more. (P & ZAction: allow variance) (CCAction: allow 100' lot width measured along an increased setback line) 3. Provide the following notes on the plan that shall also be included on subsequent plats: "Driveway access to Lots 2, 3 and 7- 12, Block 1, shall be through Common Access Easements as shown." "Driveways on lots which will be directly accessing Dove Street must designed and constructed in a manner that permits adequate off-street maneuvering areas and must be approved by the Director of Public Works to ensure that vehicles will not back into the public street." 4. Change the street name to a name dissimilar to any other streets or subdivisions in Southlake. Case No. Agenda Item Attachment D ZA00-084 7A Page 1 M Informational Comments The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment cc: Doug Tatum, Allegheny Land Co. VIA FAX: ABOVE Art Clayton (phone: 817-329-1092) NACommunity Development\WP-FILES\PEV\2000\00-084CP5.doc Case No. Agenda Item ZA00-084 7A Attachment D Page 2 Case No. 00-084 Review No. Three Dated: 10 — 12 - 00 Number of Pages: 3 Project Name: Dove Road Estates (Zoning / Concept Plan) X Contact: Keith Martin, Landscape Administrator Phone:_(817) 481-5581, x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 10 - 02 - 00 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. LANDSCAPE COMMENTS: 1. Please complete the "Provided" portion of the Bufferyard Summary Chart. See attached Bufferyard Summary Chart. TREE PRESERVATION COMMENTS: See attached Tree Preservation Analysis. Case No. Agenda Item Attachment D ZA00-084 8A Page 3 TREE PRESERVATION ANALYSIS (Non -Residential Development) Case: 00-084 Date of Review: 10 — 12 - 00 Number of Pages: 1 Project Name: Dove Road Estates (Zoning / Concept Plan) Review #3 OWNER \ DEVELOPER Allechenv Land ComDanv 17480 Dallas Parkway, Suite 110 Dallas, TX 75287 Phone: ((72) 248-8155 Fax: PREPARED BY: Adams Consulting Engineerinrs, Inc. 2445 E. Southlake Blvd., Suite 100 Southlake, TX 76092 Phone: (817) 329-6990 Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817) 481- 5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. The majority of trees on the property are made up of American Elm, Hackberry, Ash and Mesquite. The larger and most dominant trees are located in the south portion of the property along the R.O.W. of East Dove Road. The applicant originally proposed the sewer line to be placed in the utility easement on the North side of Lots 9, 10, 11, 12 and 13. Since East Dove Road will be widened in the future, City Staff suggested that the sewer line be placed along the North R.O.W. of East Dove Road. The trees along the North R.O.W. will need to be removed for the installation of the sewer line as well as the widening of Dove Road. 2. All Construction Plans submitted for the development of the subdivision shall include the requirements listed in Appendix `C', of the Tree Preservation Ordinance 585-B. This will be required especially where utility installation is adjacent to adjoining properties with existing trees. * Residential Subdivision Development: In a residential subdivision, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or utility easements or drainage easements as shown on an approved Final Plat, or to achieve the cut/fill drainage as designated on the master drainage construction plan, shall be exempt from the tree replacement and tree protection requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Ordinance, but not to the tree replacement requirements listed in Section 7 of this Ordinance. All other areas of the subdivision shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Ordinance. Case No. Agenda Item Attachment D ZA00-084 8A Page 4 M N All requirements and regulations of the Tree Preservation Ordinance 585-B, apply to the entirety of this lot. Please be aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-B. SUMMARY CHART — BUFFERYARDS DOVE ROAD ESTATES Location / Length of Base Line Required / Len th Buffervard Width/Type Canopy Trees Accent Trees Shrubs Fence/Screening Height & Material Provided South - Required 1,388' 10' - B 28a 42 139 Provided 1,388' 10' - B Note any credits in calculations: 1. Other Comments: a. A minimum of 50% of all canopy trees planted in the South 10'-B bufferyard must be 2" in caliper 1' from ground level when planted, and 50% must be 4" in caliper 1' from ground level when planted. Case No. ZA00-084 Agenda Item 8A Attachment D Page 5 ' W Worthington Builders 3129 Lake Drive - Southlake, Texas 76092 - U.SA Phone 817-329-1092 - Fax 817-424-0884 October 23, 2000 Mr. Dennis Killough Planning Department City of Southlake 1725 E. Southlake Blvd. Southlake, Texas 76092 Re: Emerald Estates South Subdivision N.E.Q. Dove Road & N. Carroll Rd. Dear Mr. Killough:, Please find below our request and position on concerns regarding our development. These variances requests will greatly enhance the City of Southlake and our development. Item A: 25 ' side building setback on Lot 3 & 7 along Emerald Court. The reduction in building line set back will allow a larger area for the building foot print. This will allow a 68.32' wide foot print on Lot #3 and a 60' wide building foot print on Lot #7. The greater the width of of building foot print the more dramatic the front presentation along Dove Street. This same variance was approved in Evergreen Estates with no adverse effects. The ultimate property owner will appreciate this variance. Item B: Allowing Lots 9 10 11 12, and 13 Driveway access to Dove Street. We feel the real issue is not the number of driveway opening onto Dove Street(3 vs. 5). Additionally the number of car movements does not change or the number of cars. The real issue is safety; both to the citizens driving along Dove Street and the future residences, their guests and invitees. Lots 2, 3, 7, and 8 only will have rear driveway access off Emerald Court. We will restrict Lots 9, 10, 11, 12, and 13 to have either Porte-cochere entries with oversized motor courts or oversized motor courts. This will allow for more car stacking and turning flexibility so that all cars can enter Dove Street head-on vs. backing onto Dove Street. Beyond the safety concern; shared driveways would not allow for the Porte-cochere design. Which is presently our most popular design within our Olde If"orld Design. Shared driveways do not allow large storage or turning areas with a site that has limited property area. Shared driveways would project a very unattractive presentation to Dove Street. Shared driveways will adversely effect drainage as presented by the present plan. Shared driveways have the potential for neighbor disagreements with limited property area. Shared driveways at this location will foster a duplex look which is not the desired look for this site or any site in Southlake. Item C: Requesting a Six F^ot pedestrian easement vs a Five Foot R.O. W. dedication. This request helps the neighborhood, the future property owners, and all Citizens that drive along Dove Street. Fof ifs people have enjoyed this scenic drive from Lonesome Dove to Carroll. Our proposal and design Will help preserve the Tree Canopy. PLEASE SEE ATTACHED PHOTO'S AND DESIGN. Case No. Agenda Items Attachment E ZA00-084 SA REC'D OCT 2 3 ZUNe 1 Item C: Continued The City proposal and conversations would put this canopy in H_ arm's Way. As a developer and citizen of Southlake, I want to save this Tree Canopy. I have a plan. I request the City to not destroy this natural Tree Canopy. We can work together with effective planning and forward thinking to not destroy this Natural Beauty. 1 � i •• _I _ I � � 1 I(I iI I • I I / l� StyI I I / I ; � it There exists an easement to the north property that can accommodate all utilities and will have little or no no effect on the Tree Canopy. This proposal will benefit more Citizens, maintain the Rural atmosphere, save the Tree Canopy. Thank you for this opportunity to express our concerns. Sincerely, Arthur H. Claytonv Enc: 2 cc: Douglas A. Tatum Case No. Ageada Item Attachment E ZA00-084 g A Page 2 M Case No. ZA00-084 Surrounding Property Owners Emerald Estates South Agenda Item 7A Attachment F Page 1 Surrounding Property Owners ., Emerald Estates South Propertv Owner Zoning Land Use Description Acreage 1. Carroll ISD 1. "CS" 1. Public/Semi-Public 1. 14.02 acres 2. M. Milo 2. "SF -IA" 2. Low Density Residential 2. 1.08 acres 3. B. Cotton 3. "SF -IA" 3. Low Density Residential 3. 1.28 acres 4. G. Gist 4. 110-1" 4. Medium Density Residential 4. 1.14 acres 5. B. Burford 5. "SF -IA" 5. Low Density Residential 5. 1.13 acres 6. J. Radaford 6. "SF-lA" 6. Low Density Residential 6. 1.34 acres 7. C. Wells 7. "SF -IA" 7. Low Density Residential 7. 1.16 acres 8. R. Roger 8. "SF -IA" 8. Low Density Residential 8. 1.35 acres 9. F. Budzowski 9. "SF -IA" 9. Low Density Residential 9. 1.14 acres 10. D. Browning 10. "SF -IA" 10. Low Density Residential 10. 1.02 acres 11. R. Butler 11. "SF -IA" 11. Low Density Residential 11. 1.16 acres 12. C. McKean 12. "SF -IA" 12. Low Density Residential 12. 1.07 acres 13. K. Mason 13. "SF -IA" 13. Low Density Residential 13. 1.09 acres 14. G. Smith 14. "SF -IA" 14. Low Density Residential 14. 1.04 acres 15. R. Schneider 15. "SF -IA" 15. Low Density Residential 15. 1.05 acres 16. M. Molina 16. "AG" 16. Low Density Residential/ 16. 2.26 acres Medium Density Residential 17. E. Higgins 17. "SF -IA" 17. Low Density Residential 17. 2.26 acres 18. J. Gentry 18. "SF -IA" 18. Low Density Residential 18. 1.00 acres 19. B. Stiborek 19. "AG" 19. Low Density Residential 19. 0.93 acres 20. T. Johnson 20. "AG" 20. Low Density Residential 20. 1.00 acres 21. J. Davis 21. "AG" 21. Low Density Residential 21. 1.00 acres 22. D. Stapleton 22. "AG" 22. Low Density Residential 22. 1.50 acres 23. M. White 23. "AG" 22. Low Density Residential 23. 1.00 acres 24. F. Shelby 24. "AG" 24. Low Density Residential 24. 3.95 acres 25. J. Johnson 25. "AG" 25. Low Density Residential 25. 1.08 acres 26. N. Bhogavalli 26. "AG" 26. Low Density Residential 26. 4.77 acres 27. M. Wilson 27. "C-2" 27. Medium Density Residential 27. 4.18 acres Case No. Agenda Item Attachment F ZA00-084 7A Page 2 Surrounding Property Owner Responses Emerald Estates South NO. OF NOTICES SENT: Twenty-nine (29) RESPONSES RECEIVED: Three (3) responses were received from within the 200' notification area: • Kenneth and Pamela Mason, 1351 Emerald Circle, Southlake, TX, undecided, "There has been no assurances from the developer that the planned drainage would have minimal impact to our property." See attached letter. (Received November 6, 2000.) • Ben J. Stiborek, 1407 East Dove Road, Southlake, TX, undecided, "If Dove Rd. is widened in the future to possibly 4 lanes, what side of Dove Rd. will the expansion be from? Those of us on the south side of Dove Rd. would have our frontage reduced and a loss of property valuation. I think this should be considered before this property is approved for development." (Received November 9, 2000.) • Elizabeth Higgins, 1496 East Dove Road, Southlake, TX, opposed, "In the past, 1+ acre lots were required and I am opposed for the size to be changed." (Received November 9, 2000.) A petition in opposition was received from adjacent property owners on December 29, 2000. See attached petition. Case No. Agenda Item Attachment G ZA00-084 7A Page 1 N 06 November 2000 Kenneth Mason 1351 Emerald Circle Southlake, Texas 76092 SUBJECT: CONCEPT PLAN FOR EMERALD ESTATES SOUTH REFERENCE: ZA00-084 TO: Planning and Zoning Commission Although I am not opposed to the concept plan of the proposed residential development, I am opposed to the drainage plan under consideration by the developer. Our property on Lot 6, Block 4 presently has a large pond, footbridge, and mature trees precisely where the 50' drainage easement is located. Without some very careful planning, the proposal could have a devastating effect on our present landscaping. The pond covers approximately one quarter of our property, and approximately 15 feet deep (photos attached). We enjoy the migratory waterfowl that visit the pond, as well as the rural atmosphere it provides. We are scheduled to drill a well after the first of the year that will maintain the water level in the summer, as well as provide irrigation to the property. We respectfully ask the Commission to consider our concerns, and work with us and the developer to develop a drainage plan, which would keep the impact on our property to a minimum. We do understand that our deed allows for a 50' drainage and utility easement, and if the plan proceeds, we request only that the Southlake engineering staff review options within the easement allowance to keep the pond intact, as well as saving as many trees as possible— , Case No. ZA00-084 Agenda Item 7A Sincerely, Kenneth and Pamela Mason F�e' t 0Fq Attachment G Page 2 yy Yam,' • m �779 ..�-a+>n'-i° _ ,g�,y� yam.• y...m_,--.,,-... ti • - H �Jsy h t l A .� Ye.,, t.+,y� �t aq. t k. W 'S - •ice 'a' Y� t ei'U^ S J ��'' Lt'- �. '>, roa.�l� -: h ..,�,�,: p •tF. f �' .i�r'Sr?i- c��{. Ef� f�f �.. _� x,.-, ZA Y•s �;,� .._-,,.::.» "'mot i r _ a r£2�a q > �'��� ,. 4K t s o- } v lee 04 "w L s :�:�:!�-+.:. .a.F-+?*✓-tamer,".-'_i-�,v�6."."' _.'..ia,'--.ram � �_r"'�;�`a� s«.«,.�,da��.�m.�..*�»:nhc8,r"-s+J,�,,,.rr,�,•++e ,d�"'� "'.?.� ... =e _ ;'.'�°'� . k k � Uyadk� i LkPtah ! k a s ell — mono I kill w 8 i a <` _ A ` z95r d- Emerald Estates South Objection Petition A December 18, 2000 To: Honorable Mayor Rick Stacy and City Council Members Re: Rezoning and Concept Plan for Emerald Estates South Ladies and Gentlemen: We are the owners of the property adjacent to and surrounding the proposed Emerald Estates South development. We object to the approval of the zoning change from agricultural to SF-30 zoning and to the new development per the following: Case No. ZA00-084 Almost all property north of SH114 is zoned for One Acre lots. This development has been submitted as SF-30. The natural rural beauty of this area will be severely compromised with the addition of these essentially zero lot line properties. The proposed homes were submitted as a minimum of 4,000 square feet. To accommodate the development, the developer plans to sacrifice a great number of mature beautiful trees, further degrading the beauty of the area. Although there is an explicit exception to the tree protection ordinance for utility easements, we believe the council should specifically protect both the canopy trees over Dove Road and on the back of the proposed Emerald Estates South. There are also many more mature trees on the existing Emerald Estates properties that are at risk through disruption from increased contaminated residential drainage. The developer has argued that the trees must be sacrificed on the back of the new Emerald Estates South lots to allow for the potential new owners to be able to put in swimming pools! We believe this is a misalignment of priorities. The development will be in what is now a natural "swamp holding pond" type area. Drainage is a major problem. The proposed solution by the city engineers so far has been to simply use drainage easements on the Emerald Estates properties. In other words, contaminate the neighbors for the good of the new development! Many of us have lived here for over ten years. We know how bad the drainage can be. Drainage at times seems to come from everywhere into the corner of Dove and Carroll Avenue. When it arrives, it spreads out and ponds into what is proposed to be Emerald Estates South. We do not want it all to be redirected to the current Emerald Estates Properties. Nor do we want our trees all killed by putting in some underground drainage system on our properties. We have been told that the new Emerald Estates South developers plan to run their sewer lines through the utility easements on the Emerald Estates properties. This will not only be a major disruption to the neighborhood, but will also Kill More Trees! There could be an increased traffic danger caused by people trying to get out of their driveways for the houses directly on Dove road. The city simply does not need another ugly wall along a rural type road. The developers plan to add a large "privacy wall" along Dove road. Their alternative is for a set of columns with wrought iron fencing and gated community. This is not consistent with the area. Agenda Item 7A REMPMrfY G 200 Page 6 Emerald Estates South Objection Petition • The set points for these houses are essentially right on the roads compared to the 40- 50 foot setbacks of the existing properties along Dove. This will dramatically change the area. We understand there is a drive in Southlake for rooftops and revenues. However, we respectfully ask that the City Council Members give consideration to our concerns. We also ask that we be advised of any developments and planning meetings regarding this new development. Many of us have only learned about this new development recently through the television broadcast of the last City Council. After investigation, we note that the Planning and Zoning Commission instructed the developer to hold meetings and inform the affected Southlake residents. Many of us have not been contacted even though our properties will be dramatically affected. We also respectfully ask that we have the opportunity to orally reinforce our position at the next city council meeting and subsequent meetings where this issue will be addresed. submitted, James and Mary Blackwill 1491 Emerald Circle, Southlake. 817-488-5881. Other Petitioners: Name Address C. Phone Number 1�0 1-?- 41 /-5-33 817- oF- 3 7Z l/ f /ram C►. '-�.:< � �, Case No. ZA00-084 Agenda Item 7A RECD DEC 2 9 2000 Attachment G Page 7 N CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-351 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 2, BLOCK 1, EMERALD ESTATES SOUTH, BEING 9.062 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-30" SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas, is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of 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 Case No. Agenda Item Attachment H ZA00-084 7A Page 1 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a Case No. Agenda Item Attachment H ZA00-084 7A Page 2 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: Case No. Agenda Item Attachment H ZA00-084 7A Page 3 Being Lot 2, Block 1, Emerald Estates South, being 9.062 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF- 30" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B" . SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and armed. 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 Case No. Agenda Item Attachment H ZA00-084 7A Page 4 appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued 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 Case No. Agenda Item Attachment H ZA00-084 7A Page 5 Mj M 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. Case No. ZA00-084 PASSED AND APPROVED on the 1st reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY Agenda Item 7A Attachment H Page 6 PASSED AND APPROVED on the 2nd reading the day of , 2001. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA00-084 MAYOR ATTEST: CITY SECRETARY Agenda Item 7A Attachment H Page 7 EXHIBIT "A" Lot 2, Block 1, Emerald Estates South, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-171, Page 99, Plat Records, Tarrant County, Texas, and being 9.062 acres Case No. Agenda Item Attachment H ZA00-084 7A Page 8 i 10 OR ! ly IEM� . itton, in EXHIBIT "B" XNV.IWOJ ONtl1 AN�!'J3�7V Case No. Agenda Item ZA00-084 7A Attachment H Page 9 Is I q_ City of Southlake Department of Planning STAFF REPORT December 29, 2000 CASE NO: ZA00-111 PROJECT: Wingate Hill REQUEST: Four Peaks Development is requesting approval of a rezoning to "SF -IA". ACTION NEEDED: 1. Conduct public hearing. 2. Consider concept plan request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owner Map (D) Surrounding Property Owner Letters (E) Ordinance No. 480-352 STAFF CONTACT: Dennis Killough (Ext. 787) Case No. Agenda Item ZA00-111 7B BACKGROUND INFORMATION OWNERS: Four Peaks Development; Lions Club of Dallas (Park Cities) APPLICANT: Four Peaks Development PROPERTY SITUATION: Located on the east side of North White Chapel Boulevard approximately 700' north of Sweet Street. HISTORY: Approximately 19 acres of this site was zoned from "AG" to "S-P-2" Generalized Site Plan District to permit a fish distribution facility in August of 1993. Approximately 5 acres tract of this property has an existing residence on the site and the remaining portion of this property is what has been known as Camp Burnett owned by the Lion's Club Organization. A request for SF 1-A Zoning was submitted before the Planning and Zoning Commission in April of 2000 and was tabled at the request of the Commission so that a Preliminary Plat could be brought forward. The applicant withdrew the application in August of 2000. LEGAL DESCRIPTION: Tracts 3 & 3F and a portion of Tract 4C, Rees D. Price Survey, Abstract No. 1207, and being 30.138 acres. LAND USE CATEGORY: Low Density Residential; 65 LDN Overlay Corridor CURRENT ZONING: "AG" Agricultural District; "S-P-2" Generalized Site Plan District for tropical fish distribution and related ancillary uses REQUESTED ZONING: "SF-lA" Single Family Residential District P&Z ACTION: November 9, 2000; Approved (4-0). P&Z SPEAKERS: None COUNCIL ACTION: December 5, 2000; Approved (7-0) subject to the requirement of the disclosure statement to the homeowners of the existence of the requirements as noted in the letter from DFW Airport Board regarding the avigation easement and mandatory building shell noise reduction being enforced with the final building plans and verified during the during inspection process in accordance with Ordinance No. 479. STAFF COMMENTS: No plan approval is required with a request for "SF -IA" Single Family Residential Zoning District. This property lies within the 65 LDN Airport Overlay Zone. According to the Airport Compatible Land Use Zoning Ordinance No. 479, single family Case No. Agenda Item Attachment A ZA00-111 7B Page 1 residential uses are not deemed to be compatible within this zone. However, where the community determines that residential uses should be allowed, measures to achieve outdoor to indoor noise level reduction of 25dB must be incorporated into the design and construction of such uses. ONACommunity Development\WP-FILES\MEMO\2000cases\00-111Z.doc Case No. Agenda Item Attachment A ZA00-084 Page 2 Case No. ZA00-111 Vicinity Map Wingate Hill 2000 0 2000 4000 Feet W E S Agenda Item 7B Attachment B Page 1 Surrounding Property Owners Wingate Hill Property Owner Zoning Land Use Description Acreaze 1. USA 1. 27 acres 2. Park Cities Lions Club 2. "AG" 2. Low Density Residential 2. 6 acres 3. J. Arnold 3. "SF -IA" 3. Low Density Residential 3. 1.08 acres 4. J. Pollard 4. "SF -IA" 4. Low Density Residential 4. 1.00 acres 5. C. Ricord 5. "SF -IA" 5. Low Density Residential 5. 1.00 acres 6. J. Christian 6. "SF -IA" 6. Low Density Residential 6. 4.55 acres 7. J Gilbert 7. "AG" 7. Low Density Residential 7. 24.80 acres 8. K. Sorg 8. "AG" 8. Low Density Residential 8. 6.95 acres 9. 300 Convent Street Corp 9. "R-PUD" 9. Medium Density Residential 9. 0.54 acres 10. 300 Convent Street Corp 10. "R-PUD" 10. Medium Density Residential 10. 0.50 acres 11. Chateaumar Homes Inc. 11. "R-PUD" 11. Medium Density Residential 11. 0.49 acres 12. 300 Convent Street Corp 12. "R-PUD" 12. Medium Density Residential 12. 0.71 acres 13. R. Stark 13. "R-PUD" 13. Medium Density Residential 13. 0.66 acres 14. 300 Convent Street Corp 14. "R-PUD" 14. Medium Density Residential 14. 1.51 acres 15. 300 Convent Street Corp 15. "R-PUD" 15. Medium Density Residential 15. 0.92 acres 16. 300 Convent Street Corp 16. "R-PUD" 16. Medium Density Residential 16. 0.65 acres 17. 300 Convent Street Corp 17. "R-PUD" 17. Medium Density Residential 17. 0.56 acres 18. 300 Convent Street Corp 18. "R-PUD" 18. Medium Density Residential 18. 0.69 acres 19. IBM Corp 19. "R-PUD" 19. Medium Density Residential 19. 4.92 acres Case No. Agenda Item Attachment C ZA00-111 7B Page 1 Surrounding Property Owner Responses Wingate Hill NO. OF NOTICES SENT: Twelve (12) RESPONSES RECEIVED: One (1) response was received from within the 200' notification area: • Jann Christian, 3105 Briar Lane, Southlake, TX, opposed, "Too high density as developers over build - some areas of Southlake should be lower density. The street system cannot handle the traffic and some areas should be left for lower density. Our property is adjacent to this property and high density housing will not enhance our property. It will only reduce its value." (Received November 9, 2000.) One (1) response was received from outside the 200' notification area: • Sandra J. Lancaster, Noise Compatibility Office, DFW Airport, P.O. Drawer 619428, opposed. See attached letter. (Received November 9, 2000.) Case No. Agenda Item Attachment D ZA00-111 713 Page 1 T-`trey P. Fegan �tive Director Dallas/Fort Worth International Airport April 6, 2000 Ms. Ann Creighton, Chairman Planning & Zoning Commission City of Southlake 1721 E. Southlake Blvd., Suite 100 Southlake, Texas 76092 RE: Planning & Zoning Commission Agenda Item Reference No. ZA-00-024 Dear Ms. Creighton: Please allow me to address an agenda item slated for the April 6, 2000 meeting of Southlake's Planning & Zoning Commission. The agenda is to consider a zone change from "AG" and "S-P-2" to "SF -IA", Single Family Residential District for property located at 2929 North White Chapel Boulevard, being on the east side of North White Chapel Boulevard approximately 700' north of Sweet Street, Case No. ZA-00-024. For reasons stated below, the Dallas/Fort Worth International Airport Board ("DFW") is opposed to the proposed zone change. The majority of the subject property is located within DFW's 65 DNL noise contour according to the Airport's Official Noise Contour and is located on the extended runway centerline for Runway 13L/31R, approximately 6.25 statute miles from the north end of this runway. The property is subject to routine.and regular overflights by aircraft operating to and from DFW International Airport. Historical aircraft flight information indicates jets operating as low as 1,000 Above Ground Level over the subject property. The Airport Board is opposed to the proposed residential development at this site. According to the City of Southl e's own Ordinance 479, "Airport Compatible Land Use", residential properties within the 65 DNL contour are considered incompatible. However, in the event the City determines the project and its location are in the City's best interest, the Airport Board strongly recommends the following conditions of approval: 1. An avigation easement for the property be obtained naming the DFW International Airport Board and the Cities of Dallas and Fort Worth using language to be provided by DFW. 2. The City require mandatory building shell noise reduction be incorporated into the building design, noted on the final building plans, and verified during the building inspection process. 3. The City require a minimum building shell design of 25 NLR (Noise Level Reduction). Greater values would afford additional sound attenuating properties to the school. Thank you for your consideration of this matter. Please contact me at your convenience should you like to discuss our comments further. Sincerely, Karen L. Robertson, Manager n Noise Compatibility Office Gf 3 Case No. Agenda Item Attachment D ZA00-111 ?g Page 2 . � ra. f . effreyP.Fegan Dallas/Fort Worth International Airport Executive Director November 9, 2000 Mr. Dennis King, Chairman Planning & Zoning Commission City of Southlake 1721 E. Southlake Blvd., Suite 100 Southlake, Texas 76092 RE: Planning & Zoning Commission Agenda Item Reference No. ZA00-111 & 112, Wyndsor Hill Dear Mr. King: Recently, we received two "Notice to Interested Property Owners" for action items related to a property located on the east side of North White Chapel Boulevard, approximately 700' north of Sweet Street. The first notice addresses rezoning from "AG" Agricultural to "SF-1 A" Single Family Residential (ZA00-111). The second notice, for the same property, addresses a Preliminary Plat for Wyndsor Hill (ZA00-112). Both items are scheduled for the November 9, 2000 meeting of the City of Southlake's Planning & Zoning Commission. For reasons stated below, the Dallas/Fort Worth International Airport Board ("DFW") is opposed to the proposed zone change and preliminary plat. The Airport Board similarly opposed an April 2000 proposal for residential development on this same property (see attached letter). referencing the Airport's Official Noise Contour, the majority of the subject property is located within the 65 DNL %onoise level (refer to attached contour excerpt) and is located on the extended runway centerline for Runway 131J31 R, approximately 6 statute miles from the north end of this runway. The property is subject to routine and regular overflights by aircraft operating to and from DFW International Airport. Historical aircraft flight information indicates jets operating as low as 1,000 feet Above Ground Level over the subject property. According to Federal Aviation Administration guidelines and the City of Southlake's own Ordinance 479, "Airport Compatible Land Use", residential properties within the 65 DNL contour are considered incompatible. Given the factors noted above, the DFW Airport Board urges the City of Southlake to assist the airport in reducing future noise problems by not approving the proposed zoning change. However, acknowledging that the Airport does not have any jurisdiction in the City of Southlake, should the City consider the approval of the proposed project, we would recommend the following be applied as conditions of the approval: 1. An avigation easement for the property be obtained naming the DFW International Airport Board and the Cities of Dallas and Fort Worth using language to be provided by DFW. 2. The City require mandatory building shell noise reduction of 25 dB Noise Level Reduction be incorporated into the building design, noted on the final building plans, and verified during the building inspection process in accordance with Ordinance 479. Thank you for your consideration of this matter. Please contact me at your convenience should you like to discuss our comments further. • --Case No. ZA00-111 Sincerely, 0 V 13 2000 9-andra J. Lancaster Sr. Noise Compatibility Planner Z oF3 Agenda Item Attachment D Page 3 4w"Dsc, ♦♦ 6 inEArBlI" �. s . i.F 7) SxP%D( a5; Cf - 'i� • xEA IrW[ Approximate Site Location SpT .. ti, NNS Ci vt• [XWE - ,. c Y YE"01 rr v T 8 �T elp�as GaPpna:r sP6 at' PD OHO � Ylf lags t4 p J� 'EII3A �,.i91t�yY^= AM `:[� 0 y n3drtt+sPB&�i"r­eE:t�;E. Y� To 41 'f♦ -'Iti'UKESIDE CT qY P ^CVO F ♦ 4 IRI tw. . i n [ 1� .. _ _ 7fr /LJO �' � � R♦� �� � fi,1PUT LLVFir(ALw } � Ywy - .. . � •�♦ .. •♦. N tft -r. 1�-_y r0 n 7J W '.� t*. �� ; .. :Y< �♦ K[i., f. na •• (P- i + IXME( [IA X E Y4 LII S H }� �a�-�4 ••♦ ♦♦' ♦� F• OMaPrco. In[. _ ��� ���} yi ry9� Y �.a .. .SrV�ME5,Y0DD fEMKi .. . 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(\\��� t, 5 d- ab Ta.PAErtt �HI .M Br 8_- .xac D ♦1 4 PUD � i LLDFIu - ��i p au � .5 7Pau � 6 siIS [vEtC - Pt,[r •� ,IIy,,PIM �.'. E C ♦♦ S L ♦t . a04r - . - ., - �` ♦Gv -' vwl OPAf rlp[ SAPDFu i '� S A.. f 5 ID, nr1 n.1 ,:Mona o EL s ♦. •. ar \`�\�\ •• Case No. Agenda Item AttachmeAl 3of,3 ZA00-111 -7 8 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-352 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS TRACTS 3 & 3F AND A PORTION OF TRACT 4C, IN THE REES D. PRICE SURVEY, ABSTRACT NO. 1207, AND BEING 30.138 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "S-P-2" GENERALIZED SITE PLAN DISTRICT FOR TROPICAL FISH DISTRIBUTION AND RELATED ANCILLARY USES TO "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas, is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and Case No. Agenda Item Attachment E ZA00-111 7B Page 1 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District and "S-P-2" Generalized Site Plan District for tropical fish distribution and related ancillary uses under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, Case No. Agenda Item Attachment E ZA00-111 7B Page 2 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 Case No. Agenda Item Attachment E ZA00-111 7B Page 3 amended as shown and described below: Being Tracts 3 & 3F and a portion of Tract 4C, in the Rees D. Price Survey, Abstract No. 1207, and being 30.138 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "S-P-2" Generalized Site Plan District for tropical fish distribution and related ancillary uses to "SF -IA" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses Case No. Agenda Item Attachment E ZA00-111 7B Page 4 and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued 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 Case No. Agenda Item Attachment E ZA00-111 7B Page 5 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 MAYOR ATTEST: day of , 2000. CITY SECRETARY Case No. Agenda Item Attachment E ZA00-111 7B Page 6 PASSED AND APPROVED on the 2nd reading the h MIS ATTEST: day of , 2001. CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Agenda Item Attachment E ZA00-111 7B Page 7 EXHIBIT "A" Be,ng 30.138 acres of lord located in the R.D. Price Survey, Abstract ;do _07. lo,renl County, Tek,es, beinq the tract of land described in +'n- Jeed to Bill Massey - rurnilur.. re, Inr re,_,nde r. V,,lurrie 7495• Page 1974, Deed Records, 'arunty, e>:a Said 3i:i_138 acres of land being more particularly de5c; 1bed ac fnllow�: F.U",NNRdG at ,Dr ron rod found at the Southeast corner of said IJ;c:s -v tract. t'einca th- Northeast corner of a tract of land described ,n th= aeed to leenrieth Dean '_,org and wife Joan Margaret Sorg recorded in Volun e 4315. Paje 359, Deed Records, Tarrant County, Texas, said 1/2" non rod Nina North �57 feet frorrn the Northwest corner of the J.W. ors. Sur��rv. Abstract No. 350, Tarrant County, Texas. ThEIIC N 89" 1 1 . 5., 'A, a distance of 7S7.92 feet along the common line o' said Massey and tracts to on 1,/2" iron rod found at the common _rner ,t saod faljsse1' •ind Sarg tracts; tiff:C E Vilest a disian_e of 9.44 fret to 0 1/2" con rod stamped BEASLEY KPL`: 410,5L; set in the South line of o tract of land described in the deed e Wade C . C urrIn,incis recr_Irded in Volume 1 194, Page 609, Deed Records, Tarr<snt ('-<:)unty, T,�:cs, at the Southwest corner of said Lions Club roc.t, from which o pipe found at the Southwest corner of said ummirgs tract bears West 774.20 feet and from which an 1/2" iron -oil fc,und at the Northwest corner of a tract of land described in lh? deed to Micnael V. Coih recorded in Volume 13790, Page 417, Deed Records, Torr.ont -._runty, Te:•:os bears S 85' 1 1'39" E 10.27 feet; THE!' CE fJ 7,5156'5_" W. a distance of 23520 feet along the West ine ,. id Lions l tub tract to on 1 j 2,. iron rod stamped BEASLEY PPLS 4050 set the Northwest corner of said Lions Club tract, irr:r) _ beina the Southwest corner of a tract of land in the f -ncl _ludgernent as to tract No. C —221 in favor _J t~c nc-tltlOner • Th- United States of America, recorded fn the shirt. Court Rec-Drds of the United States District Court for the Northern District of Texas, Fort Worth Division, Case No. 2185 ';v', filed Frbruary 1952; THFN� E fJ 5 3'S6 5 7" E, a distance of 575,64 feet along the common ;ire of said Lines Club and the United States of America tracts ,c, .,n t;' iron rod stomped BEASLEY' RPLS 4050 set, from which an 6,rmy Corps of Engineers monument at the common corner of said eons Ciub and Unite"' States of Americo tract bears N 58'56'57" E 1051.66 feet; THENC E S 39'34 54 " F, a distance of 548.67 feet to an set 1/2" iron rc,d sh'�rnped BEASLEi RPLS 4050 THFNC F S 70'02 C!.3" E. a distance of '166.83 feet to an 1 f 2" iron red stan-rued BEASLE, RPLS 4050 set in the South line of said Lions Club tract frorr; which a 5/8" iron rod at the Southeast corner of said '_inns Club tract bears EAST 392.49 feet; THE!�dCE --Iona the described North line of said Massey tract EAST 392.49 teet to o stone found at the Northeast corner of said Massey tract; THENCE 5 00' 54 F1' W. e distance of 956.47 feet along the East line of said 1vlassey trot t to the point of beginning, containing 30.138 acres of land. The bearingss recited hereon are oriented to the South line of the tract of land des-_ribed ir, Volume 3 18, F,-jge 553, Deed Records, Tarrant County, Texas. Case No. Agenda Item Attachment E ZA00-111 7B Page 8 City of Southlake, Texas MEMORANDUM December 29, 2000 TO: Billy Campbell, City Manager FROM: Ricky Black, Interim Director of Public Safety (Ext. 2406) SUBJECT: Ordinance No. 762, 2nd Reading, Amending the Code of Ordinances of the City of Southlake, Texas by adopting the 1997 Edition of the Uniform Fire Code, Volumes 1 and 2; repealing Ordinance No. 572. Action Requested: City Council consideration of Ordinance No. 762 on second reading. Background: The City of Southlake currently operates under the 1991 edition of the Uniform Fire Code. Staff continues to research the newly released 2000 international edition and recommends to adopt the 1997 edition, since the 2000 international edition includes restrictions that staff has not witnessed validity yet. The adoption of the 1997 edition will also align the fire code with the current 1997 building, mechanical and electrical code already adopted. The highlights of the 1997 edition, in contrast to the 1991 edition, are as follows: 1. Improves language to become more specific with city expectations. 2. Improves the high -piled combustible storage requirements. 3. Amendment includes the requirement for residential sprinkler installation in homes 6000 square ft. or greater. Cities who have adopted the 97 UFC, including the requirement for residential sprinkling, includes Allen, Keller, Plano, and Trophy-Club/Westlake. Kitchen fires continue to be the worst threat to human life in the residential home where fire is concerned. In addition, the sprinkler requirement would assist fire fighting crews with extinguishment of the fire prior to a "flash over" phase, which continues to be one of the greatest threats to firefighters lives. Many cities have attempted to create a "zero" square foot requirement for residential sprinkling. Staff concurs with the intent, however, finds that this requirement is not economically viable today. Currently, commercial buildings are held to a 6000 square ft. requirement for purposes of sprinkling and staff recommends the same for residences of this size or greater for all homes built after the implementation of this ordinance. Financial Considerations: The 1997 Uniform Fire Codes does not create any negative financial consequences to the city and provides the opportunity to assess permit fees for many construction, storage and chemical related items. 7C-1 Billy Campbell December 29, 2000 Page 2 Citizen Input/ Board Review: Staff has met with the Tarrant County Builders Association on two separate occasions in order to seek their input. Not subject to Board review. Legal Review: This ordinance was reviewed by City Attorney Debra Drayovitch, who has approved the ordinance under consideration by City Council. Alternatives: Continue utilizing the 1991 edition of the Uniform Fire Code. Supporting Documents: Ordinance No. 762 Staff Recommendation: Place Ordinance No. 762 on the January 2, 2001 City Council meeting agenda for second reading. 7C-2 ORDINANCE NO.762 AN ORDINANCE OF THE CITY OF SOUTHLAKE TEXAS AMENDING TH E HE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS BY ADOPTING THE 1997 EDITION OF THE UNIFORM FIRE CODE VOLUMES 1 AND 2; REPEALING ORDINANCE NUMBER 572; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE AND EXPLOSION; PROVIDING FOR THE AMENDMENT OF THE 1997 UNIFORM FIRE CODE VOLUMES 1 AND 2, WITH CERTAIN DELETIONS, AMENDMENTS, AND/OR ADDITIONS; PROVIDING A PENALTY CLAUSE; A CUMULATIVE CLAUSE; A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City wishes to adopt the 1997 Edition of the Uniform Fire Code to provide for the safety of the citizens of Southlake; and WHEREAS, the Director of Public Safety has recommended certain amendments to the Uniform Fire Code, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: Section 1. That Article III of Chapter 15 of the Code of Ordinances, City of Southlake, Texas, is hereby amended to read as follows: ARTICLE III. FIRE CODE Sec.15-126. Adoption of Uniform Fire Code. The City of Southlake hereby adopts the Uniform Fire Code, Volumes 1 and 2, including Appendix Chapters I-C, II-B, II-C, II-E, II-F, II-H, II-J, III -A, III-C, IV-B, V-A, VI-E, both published by the International Fire Code Institute, and the whole thereof, save and except such portions as are deleted or amended by this ordinance, and the same are hereby adopted and incorporated as fully as if set out at length herein. Page 1 of 20 7C-3 See.15-127. Amendments. The following sections of the Uniform Fire Code as adopted in Sec. 1 - p 5 126, are hereby amended as follows: Section 202 A, the addition of the following definitions: ADDRESSABLE FIRE DETECTION SYSTEM is any system capable of providing identification of each individual alarm initiating device. The identification shall be in plain English and as descriptive as possible to specifically identify the location of the device in alarm. The system shall have alarm verification. ANALOG INTELLIGENT ADDRESSABLE FIRE DETECTION SYSTEM is any system capable of calculating a change in value by directly measurable quantities (voltage, resistance, etc.) at the sensing point. The physical analog may be conducted at the sensing point or at the main control panel. The system shall be capable of compensating for long-term changes in sensor response while maintaining a constant sensitivity. The compensation shall have a preset point at which a detector maintenance signal shall be transmitted to the control panel. The sensor shall remain capable of detecting and transmitting an alarm while in the maintenance mode. Section 204-C, page I-]], the addition of the following definition: CITY shall mean the City of Southlake, Texas. Section 207-F, page 1-14, the addition of the following: FIRE CHIEF shall mean the City of Southlake Chief of Fire Services. FIRE LANE shall mean fire apparatus access road. Section 214-M, page 1-18, the amendment of the definition of "Mechanical Code, " to read as follows: MECHANICAL CODE is the International Mechanical Coderm as adopted by this jurisdiction. Section 220-5, page 1-24, the addition of the following definition: SELF-SERVICE STORAGE FACILITY shall mean real property designed and used for the purpose of renting or leasing individual storage and removing personal property on a self-service basis. Page 2 of 20 7C-4 Section 901.4.1, page 1-27, is amended to read as follows: 901.4.1 General. Marking of fire apparatus access roads, addresses and fire protection equipment shall be in accordance with Section 901.4 and Section 902.2.3. Section 902.2.1, page 1-27, is amended to read as follows: 902.2.1 Required access. Fire apparatus access roads shall be provided in accordance with Sections 901 and 902.2 for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet (45 720 mm) from fire apparatus access as measured by an approved route around the exterior of the building or facility. The path of measurement shall be along a minimum of a 10 foot wide unobstructed pathway around the external walls of the structure. See also Section 902.3 for personnel access to buildings. Fire lane and access easements shall be provided to serve all buildings through parking areas, to service entrances of buildings, loading areas and trash collection areas, and other areas deemed necessary to be available to fire and emergency vehicles. The Fire Chief is authorized to designate additional requirements for fire lanes where reasonably necessary to provide access for fire and rescue vehicles. EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of Sections 902.2.1 and 902.2.2 may be modified by the chief. 2. When access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades or other similar conditions, the chief is authorized to required additional fire protection as specified in Section 1001.9. 3. When there are not more than two Group R. Division 3, or Group U Occupancies, the requirements of Sections 902.2.1 and 902.2.2 may be modified by the Fire Chief. More than one fire apparatus road shall be provided when it is determined by the chief that access by a single road might be impaired by vehicle congestion, condition of terrain, climate conditions or other factors that could limit access. For high -piled combustible storage, see Section 8102.6.1. Page 3 of 20 7C-5 For required access during construction, alteration or demolition of a building, see (W Section 8704.2. Section 902.2.2.1, page 1-27 is amended to read as follows: 902.2.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm) and an unobstructed vertical clearance of not less than 14 feet (4267 mm). EXCEPTION: Vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved. Vertical clearances or widths shall be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. Section 902.2.2.2, page 1-28, is amended to add the following sentences after the first paragraph: 902.2.2.2 Surface. All-weather surface shall be asphalt or concrete. Fire lanes shall be designed to support a minimum 65,000 lb. GVW load. Subgrade shall be prepared to a density of not less than 95% as determined by Standard Proctor. Concrete fire lane shall be minimum five (5) inch thick 3000 psi concrete reinforced with #3 rebar on 18 inch centers. Asphalt fire lane shall be minimum six (6) inches thick. Drive approaches shall be minimum six (6) inches 3000 PSI concrete with #3 rebar on 18 inch centers both ways on chairs. Section 902.2.3, page 1-28, is amended to read as follows: 902.2.3 Marking. Either approved striping or signs shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. (1) Striping - Fire apparatus access roads shall be marked by painted lines of red traffic paint six inches in width to show the boundaries of the lane. The words "FIRE LANE NO PARKING" shall appear in four inch white letters with a one inch stroke centered on the red stripe at 25 foot intervals on the red border markings along both sides of the fire lanes. (2) Signs -If signs are used, the signs shall read "FIRE LANE NO PARKING" and shall be 12 inches wide and 18 inches high. Signs shall be painted on a white background with letters and borders in red, using not less than two inch lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches above finished grade. Signs shall be spaced not more than 50 feet apart. Signs may be installed on Page 4 of 20 7C-6 permanent buildings or walls or as approved by the Fire Chief. Section 903.4.2, page 1-29 is amended to read as follows: 903.4.2 Required Installations. The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site of the premises, or both, to be protected as required and approved by the Chief. A fire hydrant shall be located within 100 feet of a fire department connection. Maximum spacing of Fire hydrants shall be in accordance with the following distances: OccUpancy Unsprinklered Sprinklered R-3 and U Occupancies 400 feet 600 feet All Others 300 feet 600 feet Hydrants shall be provided at all intersecting streets and at intermediate locations between intersections as prescribed above, measured as the hose would be laid. Fire hydrants shall be accessible to the fire department apparatus by roads which meet the requirements of Section 902.2. Section 1003.1.2, page 1-32, is amended to read as follows: 1003.1.2 Standards. Fire Protection systems shall comply with the appropriate Uniform Building Code Standards and National Fire Protection Association Standards. (See UBC Standard 9-1). EXCEPTIONS: 1. Automatic fire -extinguishing systems not covered by the Building Code shall be approved and installed in accordance with approved standards. 2. Automatic sprinkler systems may be connected to the domestic water -supply main when approved by the building official, provided the domestic water supply is of adequate pressure, capacity and sizing for the combined domestic and sprinkler requirements. In such case, the sprinkler system connection shall be made between the public water main or meter and the building shutoff valve, and there shall not be intervening valves or connections. The fire department connection may be omitted when approved. {balance of Exception #2 to remain unchanged) 3. Automatic sprinkler systems in Group R Occupancies four stories or less may be in accordance with the Building Code requirements for residential sprinkler Page 5 of 20 7C-7 systems. (See U.B.C. Standard 9-3.) 4. Automatic sprinkler systems in One- and Two -Family Dwellings and Manufactured Homes may be in accordance with U.B.C. Standard 9-7. 5. Where sprinklers are installed in electrical rooms, they shall be separated from the building's main sprinkler system by a pre -action valve. This valve shall be connected to fire detection device(s) in the electrical room. Sprinkler piping shall remain dry until the fire detection device activates and opens the pre -action valve. Detection devices shall have a minimum temperature rating of 165 degrees Fahrenheit. Sprinkler head(s) shall be of a type to remain closed until sufficient heat is present to open them. The sprinkler(s) shall have a minimum temperature rating of 212 degrees Fahrenheit. Sprinkler heads in electrical rooms shall be protected with a listed guard over the head. Sprinkler heads may be installed in electrical rooms without the pre -action valve, fire detection device and guard if approved tamper -proof sprinkler heads are installed in place of standard heads. Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 5 psi margin of safety. Section 1003.1.3, page 1-32, is amended to read as follows: 1003.1.3 Modifications. When residential sprinkler systems as set forth in the Building Code (see UBC Standard 9-3) are provided, exceptions to, or reductions in, LW Building Code requirements based on the installation of an automatic fire - extinguishing system are not allowed. Allowable tradeoffs for, or increases in, Building Code provisions based on the installation of an automatic fire - extinguishing system are not allowed. EXCEPTION: Reductions are allowed for the following provisions: 1. Section 708.3.1.1.3 of the Building Code, draft stops in floor -ceiling assemblies. 2. Section 708.3.1.2.1 of the Building Code, draft stops in attics. 3. Section 708.3.1.2.2 of the Building Code, draft stops in attics. Section 1003.2.2, page 1-33, item 5, is amended to read as follows: 1003.2.2 All occupancies except Group U occupancies. Except for Group U Occupancies, an automatic sprinkler system shall be installed: 1. In every story or basement of all buildings when the floor area exceeds 1,500 square feet (139.4 m2) and there is not provided at least 20 square Page 6 of 20 7C-8 feet (1.86 m2) of opening entirely above the adjoining ground level in each 50 lineal feet (15 240 mm) or fraction thereof of exterior wall in the story or basement on at least one side of the building. Openings shall have a minimum dimension of not less than 30 inches (762 mm). Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that firefighting or rescue cannot be accomplished from the exterior. When openings in a story are provided on only one side and the opposite wall of such story is more than 75 feet (22 860 mm) from such openings, the story shall be provided with an approved automatic sprinkler system, or opening as specified above shall be provided on at least two sides of an exterior wall of the story. If any portion of a basement is located more than 75 feet (22 860 mm) from openings required in Section 1003.2.2, the basement shall be provided with an approved automatic sprinkler system. 2. At the top of rubbish and linen chutes and in their terminal rooms. Chutes extending through three or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Sprinkler heads shall be accessible for servicing. 3. In rooms where nitrate film is stored or handled. See also Article 33. 4. In protected combustible fiber storage vaults as defined in Article 2. See also Article 28. 5. Throughout all buildings with a floor level, other than a penthouse in compliance with Section 1511 of the Building Code, that is located 35 feet (10 688 mm) or more above the lowest level of fire department vehicle access. EXCEPTION: Open parking structures. 6. In any building used for high -piled combustible storage with a clear height exceeding 15', see Section 8 10 1. 7. In all new and existing spray booths and spraying rooms. Throughout any building over 6,000 square feet. For the purpose of this subsection, area separation walls shall not be considered as forming separate buildings. For dwellings, only the conditioned living space shall be considered. For other buildings it shall be the total floor area as defined in the building code. Page 7 of 20 7C-9 EXCEPTION: Existing dwellings as of the effective date of this ordinance are deemed legal nonconforming and therefore, are not required (W to add sprinklers. Existing dwellings may remodel and/or add area. Section 1003.2.6.4 is added to read as follows: 1003.2.6.4 Group H, Division 5 Occupancies. Aircraft hangars shall be classified by Group and Type* and shall be provided with a fire extinguishing system as specified by UBC Standard 9-4. (*Note: Any classification of construction type under UBC Standard 9-4 shall be for use with that standard only and shall have no bearing on the construction type used in conjunction with any other provision of this code) Section 1003.2.9, page 1-34, is amended to read as follows: 1003.19 Group R, Division 1 Occupancies. An automatic sprinkler. system shall be installed throughout every apartment house two or more stoes in height or containing three or more dwelling units, every congregate residence two or more stories in height or having an occupant load of more than 10, and every hotel two or more stories in height or containing 20 or more guest rooms. Residential or quick -response standard sprinklers shall be used in the dwelling units and guest room portions of the building. Section 1003.2.10, page 1-34, is added to read as follows: 1003.2.10 Self-service storage facilities. An automatic sprinkler system shall be installed q throughout all self-service storage facilities. EXCEPTION: One-story self-service storage facilities, that have no interior corridors, and have a one -hour fire -rated occupancy separation wall installed between every storage compartment. Section 1003.2.11, page 1-34, is added to read as follows: 1003.2.11 Group S, Division 5 Occupancies. Aircraft hangers shall be classified by Group and Type*, and shall be provided with a fire -extinguishing system as specified by UBC Standard 9-4. *Note: Any classification of construction type under UBC Standard 9-4 shall be for use with that standard only and shall have no bearing on the construction type used in conjunction with any other provision of this code. Page 8 of 20 7C-10 Section 1003.4, page 1-34, the amendment of subparagraph 4.4 as follows: (W 1003.4.1 Permissible Sprinkler Omissions 14 4.4 Other approved fire -protection equipment is installed in such areas. Section 1004.3, page 1-35, the third paragraph is amended to read as follows: 1004.3 Location of Class I Standpipe Hose Connections. There shall be a two-way outlet above the roof line on every standpipe when the roof has a slope of less than 4 units vertical in 12 units horizontal (33.3% slope). EXCEPTION: Where the stairway extends to the roof, the two-way outlet may be located at the topmost floor landing. Section 1004.3, page 1-35, is amended to add a new paragraph to read as follows: 1004.3 Standpipe Requirements. All class I standpipes shall be: Water filled at all times, or 2. Supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. Section 1007.2.4.1, page 1-36, is amended to read as follows: 1007.2.4 Group E Occupancies. 1007.2.4.1 General. Group E Occupancies shall be provided with fire alarm systems in accordance with Section 1007.2.4. Group E Occupancies shall be provided with an approved manual fire alarm system. In Division 3 occupancies, system smoke detectors shall be installed in all rooms used by children.... {balance to remain unchanged) Section 1007.2.12.2.1, page 1-38, is amended to read as follows: 1007.2.12.2.1 General. Occupancies having floors used for human occupancy located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and a communication system in accordance with Section 1007.2.12.2. EXCEPTION: Open parking garages which comply Section 311.9 of the Page 9 of 20 7C-11 Building Code. Section 1007.2.12.2.3, page 1-38, adds a fourth paragraph to read as follows: 1007.2.12.2.3 Emergency voice alarm -signaling system. Actuation of any automatic or manual device shall initiate an alarm signal on the alarming floor, the floor above, and the floor below and identify on an annunciator the zone or address from which the alarm signal originated. Section 1007.2.12.2.4, page 1-38, is amended to read as follows: 1007.2.12.2.4 Fire department communication system. A two-way, approved fire department communication system shall be provided for fire department use. It shall operate between the central control station and elevators, elevator lobbies, emergency standby power rooms, fire pump room and inside stairways at each floor level. Section 1007.2.12.6, page 1-38, is amended to read as follows: 1007.2.12.6 Corridors in office uses. When required by the Building Code for corridors in lieu of one -hour corridor construction, smoke detectors shall be installed within office corridors in accordance with their listing. The actuation of any detector shall activate alarms audible in all areas served by the corridor. (See UBC Section 1004.3.4.3, Exceptions 4 and 6.) Section 1007.3.1, page 1-39, add a second paragraph and exception to read as follows: 1007.3.1 Design Standards All alarm systems, new or replacement, serving 50 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 75 smoke detectors or more than 200 total alarm activating devices shall be analog intelligent addressable fire detection systems. EXCEPTION: Systems existing on the effective date of this ordinance need not comply unless the total system remodel or expansion initiated after the effective date of the ordinance, exceeds 30% of the square footage of the building. When the cumulative square footage of a building remodeling or expansion exceeds 50% of the size of the existing building, the building must comply within 18 months of permit application. Page 10 of 20 7C-12 Section 1007.3.3.1, page 1-39, adds an item no. 3 to read as follows: 1007.3.3 Manual Fire Alarm Boxes. 3. Manual alarm actuating devices shall be an approved double action type. Section 1007.3.3.8, page 1-39, is added to read as follows: 1007.3.3.8 Wiring. All fire alarm systems shall be installed in such a manner that the failure of any single alarm -actuating or alarm -indicating device will not interfere with the normal operation of any other such devices. All systems shall be Class "A" wired with a minimum of six feet separation between supply and return loops. Initiating Device Circuits (IDC): Class "A", Style E - Signaling Line Circuits (SLC): Class "A", Style 6 - Notification Appliance Circuits (NAC): Class `B", Style X. Section 1007.3. 3.9, page 1-39, is added to read as follows: 1007.3.3.9 Flow detectors and electronic monitoring. Sprinkler and standpipe system water -flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 15 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a trouble signal at the central control station upon tampering. The fire -pump system shall also be supervised for "power available", "phase reversal" and "pump running" conditions by trouble signal on distinct circuits. Table 1004-A, page 1-40 is amended to be as follows: Table 1004-A. - Standpipe Required Systems OCCUPANCY NONSPRINK BUILDING' SPRINKLE LERED RED BUILDINGS 2,3 x304.8 for mm Standpipe Hose Standpipe Hose x 0.0929 for m2 Class Requirement Class Requirement 5. Groups I; H; B; S; M; F, II Yes I No Division I Occupancies less than 4 stories in height but eater than 20,000 square Page 11 of 20 7C-13 feet per floor Section 1102.3.1, page 1-41, is amended to read as follows: 1102.3.1 General. Open burning shall be conducted in trenches with approved equipment and in accordance with Section 1102.3 and Ordinance No. 545. Open burning shall also be conducted as required by other governmental agencies regulating emissions. EXCEPTION: Recreational fires shall comply with Section 1102.4 and Ordinance No. 545. Approved bonfires shall not be required to be trench burned. Section 1102.6, page 142, is added to read as follows: 1102.6 Grills or Hibachis at R-1 Occupancies. All fixed or portable grills or hibachis at Group R, Division 1 occupancies shall, when in use, be a minimum of ten (10) feet from any structure and not on or under any portion of the structure. Section 4502.8.1, page 1-91, is amended to read as follows: 4502.8.1 General. New and existing spray booths and spraying rooms shall be protected by approved automatic fire -extinguishing systems. Such systems shall be extended to protect exhaust plenums, exhaust ducts and both sides of dry filters when such filters are used. For installation of automatic sprinklers in ducts, see (W the Mechanical Code. Section 5204.5.2, page 1-126, is amended to add a new paragraph to read as follows: 5204.5.2 Maximum Capacity Within Established Limits. For land located within the following zoning districts, the aggregate capacity of any one installation of CNG shall not exceed 183,000 cubic feet. (5 181 974 L): all residential districts, including "SF -IA, SF-lB, SF-30, SF-20A, and SF-20B, Single Family Residential Districts;" "RE, Single Family Residential Estate District;" "AG," Agricultural District; "MF-1, Two Family Residential District;" "MF-2, Multiple Family Residential District;" and "MH, Manufactured Housing District;" certain office and commercial districts, including "HC, Hotel District;" "0-1 and 0-2, Office Districts;" "C-1, Neighborhood Commercial District;" "C-2, Local Retail Commercial District;" "C-3, General Commercial District;" "C-4, Arterial Mall District;" "B-2, Commercial Manufacturing District;" and any "PUD, Planned Unit Development District," "S-P-1, Detailed Site Plan District," and "S-P-2, Generalized Site Plan District" which includes any use permitted in the above - referenced districts. This requirement is for the protection of heavily regulated or congested commercial areas. Page 12 of 20 7C-14 This limit does not apply in "13-1, Business Service Park District;" "I-1, Light Industrial District;" "I-2, Heavy Industrial District;" and "CS, Community Service (W District or any S-P-1 Detailed Site Plan District," S-P-2 Generalized Site Plan District which includes one of the foregoing uses. Section 7701.7.2, page 1-150, is amended to read as follows: Section 7701.7.2, Limitations. Storage of explosive materials is prohibited unless approved by the Fire Chief. Section 7801.3.1.1, page 1-159, is amended to read as follows: 7801.3.1.1 Manufacturing. The manufacturing of fireworks is prohibited. Section 7802.3, page 1-159, is amended to read as follows; 7802.3 Prohibition. The storage, use and handling of fireworks are prohibited unless approved by the Fire Chief. EXCEPTION: The use of fireworks for display is allowed as set forth in Section 7802.4. Section 7902.2.2, page 1-172, is amended to add a new paragraph to read as follows: 7902.2.2.1 Locations where above ground tanks are prohibited. Storage of Class I and Class H liquids in above -ground tanks outside of buildings is prohibited in land located in the following zoning districts: all residential districts, including "SF - IA, SF-113, SF-30, SF-20A, and SF-2013, Single Family Residential Districts;" "RE, Single Family Residential Estate District;" "AG," Agricultural District; "MF-1, Two Family Residential District;" "MF-2, Multiple Family Residential District;" and "MH, Manufactured Housing District;" "HC, Hotel District;" "0-1 and 0-2, Office Districts;" "C-1, Neighborhood Commercial District;" "C-2, Local Retail Commercial District;" "C-3, General Commercial District;" "C-4, Arterial Mall District;" `13-2, Commercial Manufacturing District;" and any "PUD, Planned Unit Development District," "S-P-1, Detailed Site Plan District," and "S-P-2, Generalized Site Plan District" which includes any use permitted in the above -referenced districts. Such storage is permitted in land located in the following zoning districts: `13-1, Business Service Park District;" "I-1, Light Industrial District;" "I-2, Heavy Industrial District;" and "CS, Community Service District or in S-P-1 or S-P-2 Districts with the approval of the Fire Chief." Page 13 of 20 7C-1S Section 7902. 6.11, page 1-180, is amended to read as follows: 7902.6.11 Secondary Containment: An approved method of secondary containment shall be provided for underground tank systems, including tanks, piping and related components. See Appendix II-G. Section 7902.6.12.1, page 1-180, is added to read as follows: 7902.6.12.1 Dry sumps. Approved sampling tubes of a minimum six inches in diameter shall be installed in the backfill material of each underground flammable or combustible liquid storage tank. The tubes shall extend from a point 12 inches below the average grade of the excavation to ground level and shall be provided with suitable surface access caps. Each tank site shall provide a sampling sump at the corners of the excavation with a minimum of four sumps. Sampling tubes shall be placed in the product line excavation within 10 feet of the tank excavation and one every 50 feet routed along product lines towards the dispensers. A minimum of two sampling tubes are required. Section 7904.2.5.4.2, page 1-192, is amended to add a new paragraph to read as follows: 7904.2.5.4.2 Locations where above ground tanks are prohibited. The storage of Class I and II liquids in above ground tanks is prohibited on land located in the following zoning districts: all residential districts, including "SF -IA, SF-1 B, SF-30, SF- 20A, and SF-20B, Single Family Residential Districts;" "RE, Single Family Residential Estate District;" "AG," Agricultural District; "MF-1, Two Family Residential District;" "MF-2, Multiple Family Residential District;" and "MH, Manufactured Housing District;" "HC, Hotel District;" "0-1 and 0-2, Office Districts;" "C-1, Neighborhood Commercial District;" "C-2, Local Retail Commercial District;" "C-3, General Commercial District;" "C-4, Arterial Mall District;" `B-2, Commercial Manufacturing District;" and any "PUD, Planned Unit Development District," "S-P-1, Detailed Site Plan District," and "S-P-2, Generalized Site Plan District" which includes any use permitted in any of the above -referenced districts Such storage is permitted on land zoned within the following zoning districts: `B- 1, Business Service Park District;" "I-1, Light Industrial District;" "I-2, Heavy Industrial District;" and "CS, Community Service District," or on land zoned for certain S-1-1 or S-P-2 Districts with the approval of the Fire Chief. Section 7904.5.1.2, page 1-197, a second paragraph is added to read as follows: 7904.5.1.2. Fire Protection. An approved deluge water foam extinguishing system shall be installed and maintained on all loading facilities and on all unloading facilities. Page 14 of 20 X-16 Section 8001.1.1, page 1-201, is amended to the second paragraph, to read as follows: 8001.1.1 General. The storage of hazardous materials and maximum quantity on -site is prohibited on land located in the following zoning districts: Property located within all residential districts, including "SF-lA, SF-1B, SF-30, SF-20A, and SF- 20B, Single Family Residential Districts;" "RE, Single Family Residential Estate District;" "AG," Agricultural District; "MF-1, Two Family Residential District;" "MF-2, Multiple Family Residential District;" and "MH, Manufactured Housing District;" certain office and commercial districts, including "HC, Hotel District;" "0-1 and 0-2, Office Districts;" "C-1, Neighborhood Commercial District; "C-4, Arterial Mall District;" and any "PUD, Planned Unit Development District," "S- P-1, Detailed Site Plan District," and "S-P-2, Generalized Site Plan District" which includes any use permitted of the above -referenced districts. Such storage is permitted on land located within the following zoning districts: "C-2, Local Retail Commercial District;" "C-3, General Commercial District;" "B-1, Business Service Park District;" `B-2, Commercial Manufacturing District;" "I-1, Light Industrial District;" "I-2, Heavy Industrial District;" and "CS, Community Service District," or on land zoned for certain S-P-1 or S-P-2 Districts with the approval of the Fire Chief. Section 8101.1, page 1-231, is amended to add a third paragraph to read as follows: 8101.1 Scope. Any building exceeding 6,000 square feet that has a clear height in excess of 15 feet, making it possible to be used for storage in excess of 12 feet, shall be considered to be high -piled storage and shall comply with the provisions of this section. When a specific product cannot be identified, a fire protection system shall be installed as for Class IV commodities. Section 8102.8, page 1-235, is amended to read as follows: 8102.8.1 General. When curtain boards are required by Table 81-A, curtain boards shall be provided in accordance with Section 8102.8. Also see Footnote 2, Table 81-B. EXCEPTION: Fully sprinklered Group S occupancies, storing Class I -IV commodities, provided that a curtain board is installed between different system designs. Section 8203.2.1.9, page 1-239, is added to read as follows: 8203.2.1.9 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service is not available, portable LP -Gas containers are allowed to be used to supply approved torch assemblies or similar appliances. Each container shall not Page 15 of 20 7C-17 exceed 20-pound (9.0 kg) water capacity. Aggregate capacity shall not exceed 60- pound (27.2 kg) water capacity. Each device shall be separated from other (W containers by a distance of not less than 20 feet. Section 8203.2.1.10, page 1-239, is added to read as follows: 8203.2.1.10 Portable Gas Grills. LP -Gas containers are allowed to be used to supply portable gas grills at residential occupancies. Each container shall not exceed 20-pound (9.0 kg) water capacity. Aggregate capacity shall not exceed 40-pound (18 kg) water capacity. Section 8203.4, page 1-239, is added to read as follows: 8203.4 Spas and Pool Heaters. Where natural gas service is not available, LP -Gas containers are allowed to be used to supply spa and pool heaters. One such container not exceeding 250-gallon water capacity is allowed. See Table 8204-A for location of containers. Section 8204.2, page 1-239, exception added as follows: 8204.2 Maximum Capacity. The aggregate capacity of any one installation of LP Gas shall not exceed a 2,000 gallon (7571 L) water capacity on land located within the following zoning districts: certain office and commercial districts, including "HC, Hotel District;" "0-1 and 0-2, Office Districts;" "C-1, Neighborhood Commercial District;" "C-2, Local Retail Commercial District;" "C-3, General Commercial District;" "C-4, Arterial Mall District;" `B-2, Commercial Manufacturing District;" and any "PUD, Planned Unit Development District," "S-P-1, Detailed Site Plan District," and "S-P-2, Generalized Site Plan District" which includes, any use permitted in any of the above -referenced districts. Except as noted in the following exception, LP gas shall not be stored on land located in all residential districts, including "SF-lA, SF-113, SF-30, SF-20A, and SF-20B, Single Family Residential Districts;" "RE, Single Family Residential Estate District;" "AG," Agricultural District; "MF-1, Two Family Residential District;" "MF-2, Multiple Family Residential District;" and "MH, Manufactured Housing District;" A single installation of LP gas may exceed 2,000 gallon (7571L) water capacity on the land located in the following zoning districts: Permitted in `B-1, Business Service Park District;" "I-1, Light Industrial District;" "I-2, Heavy Industrial District;" and "CS, Community Service District." EXCEPTION: Except as permitted in sections 8203.2.1.10 and 8203.4, LP -Gas containers are not allowed on land zoned for residential uses. Page 16 of 20 7C-18 Section 15-127. Adoption of appendices. The following appendices are adopted: Appendix I-C — STAIRWAY IDENTIFICATION Appendix II-B — PROTECTION OF FLAMMABLE AND COMBUSTIBLE LIQUID TANKS IN LOCATIONS SUBJECT TO FLOODING Appendix II-C—MARINAS Appendix II-E — HAZARDOUS MATERIALS MANAGEMENT PLANS AND HAZARDOUS MATERIALS INVENTORY STATEMENTS Appendix II-F — PROTECTED ABOVEGROUND TANKS FOR MOTOR VEHICLE FUEL -DISPENSING STATIONS OUTSIDE BUILDINGS Appendix II-H — SITE ASSESSMENTS FOR DETERMINING POTENTIAL FIRE AND EXPLOSION RISKS FROM UNDERGROUND FLAMMABLE OR COMBUSTIBLE LIQUID TANK LEAKS Appendix II-J — STORAGE OF FLAMMABLE AND COMBUSTIBLE LIQUIDS IN TANKS LOCATED WITHIN BELOW -GRADE VAULTS Appendix III -A —FIRE -FLOW REQUIREMENTS FOR BUILDINGS Appendix III-C — INSPECTION, TESTING AND MAINTENANCE OF WATER -BASED FIRE -PROTECTION SYSTEMS Appendix IV-B — CHRISTMAS TREES with the following amendments: The amendment of Section One to read as follows: Section 1 - SCOPE The use of natural or resin -bearing cut trees in all occupancies shall be in accordance with Appendix IV-B. EXCEPTION: Group R, Division 3 Occupancies and within individual dwelling units of Group R, Division 1 Occupancies. The deletion of Sections Two and Four. Page 17 of 20 7C-19 Appendix V-A — NATIONALLY RECOGNIZED STANDARDS OF GOOD PRACTICE Appendix VI-E — REFERENC E CE TABLES FROM THE UNIFORM BUILDING CODE, with the following amendments: The amendment of Table 5A, with the addition of footnote No. 8, to read as follows: Table 5A EXTERIOR WALL AND OPENING PROTECTION BASED ON LOCATION ON PROPERTY FOR ALL CONSTRUCTION TYPES When the exterior wall of a non -high-rise building is more than 20 feet from the property line, the fire -resistive requirements for exterior bearing and exterior nonbearing walls may be reduced by one -hour when the building is provided with an approved automatic sprinkler system throughout as specified in Chapter 9. However, a wall that is required to be one -hour may not be reduced except as allowed under Section 508. Table 6-A, with the addition of a footnote no 4 in building element No. 8, to read as follows: Table 6A TYPES OF CONSTRUCTION -FIRE RESISTIVE REQUIREMENTS. 8. ROOFS AND ROOF CEILINGS. The fire -resistive requirements for roofs of non -high-rise buildings may be reduced by one -hour when the building is provided with an approved automatic (W sprinkler system throughout as specified in Chapter 9. Table 8-B, page 1-346, change the rating for "Other Exit ways" for Group R, Division 1 Occupancies to Class "I". Table 8-B, page 1-346, footnote No. 2 is amended to read as follows: Table 8-B Maximum Flame Spreadclass. 2 Finish classification is not applicable to interior walls and ceilings of exterior exit balconies except as required in Section 310.13 of the Building Code for Group R, Division 1 Occupancies. Uniform Fire Code Standard 80-3, anew paragraph is added to read as follows: Section 3-1.6 Limitations. Storage of flammable cryogens in stationary containers is prohibited upon land located in the following zoning districts. all residential districts, including "SF-lA, SF-1B, SF-30, SF-20A, and SF-20B, Single Family Residential Districts;" "RE, Single Family Residential Estate District;" "AG," Agricultural District; "MF-1, Two Family Residential District;" "MF-2, Multiple Family Residential District;" and "MH, Manufactured Housing District;" certain office Page 18 of 20 7C-20 and commercial districts, including "HC, Hotel District;" "0-1 and 0-2, Office Districts;" "C-1, Neighborhood Commercial District;" "C-2, Local Retail ,,, Commercial District;" "C-3, General Commercial District;" "C-4, Arterial Mall District;" `B-2, Commercial Manufacturing District;" "CS, Community Service District;" and any "PUD, Planned Unit Development District," "S-P-1, Detailed Site Plan District," and "S-P-2, Generalized Site Plan District' which includes any use permitted in any of the above -referenced districts. Such storage is permitted in land located in the following zoning districts:`B-1, Business Service Park District;" "I-1, Light Industrial District;" 1-2, Heavy Industrial District." or S-P-1 or S-P-2 Districts with the approval of the Fire Chief. Section 2. Penalty. 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 3. Cumulative Clause. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where provisions of this ordinance are in direct conflict with the provisions of another ordinance, in which event the conflicting provisions of the other ordinance are hereby repealed. Section 4. Severability Clause. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgement 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 they would have been enacted by the City Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph, or section. Section 5. Publication. The city secretary is directed to publish the preamble and penalty clause of this ordinance at least one time within 10 days after its final passage, in the official newspaper of the city in accordance with Section 3.13(b) of the Southlake Home Rule Charter. Section 6. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as, required by law, and it is so ordained. Page 19 of 20 7C-21 APPROVED ON FIRST READING THIS DAY OF , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED ON SECOND READING THIS DAY OF , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Page 20 of 20 7C-22 City of Southlake Department of Planning STAFF REPORT December 29, 2000 CASE NO: ZA00-120 PROJECT: High Point REQUEST: On behalf of Ross Owen, K. M. Properties, Inc., is requesting approval of a preliminary plat. ACTION NEEDED: Consider preliminary plat request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Plat Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner Letters (G) Blue Line Copies of Plan (for P&Z and Council Members Only) STAFF CONTACT: Ken Baker (481-2046) Case No. ZA00-120 Agenda Item 8A BACKGROUND INFORMATION OWNER: Ross Owen APPLICANT: K. M. Properties, Inc. PROPERTY SITUATION: This tract located on Shady Oaks Drive north of F.M. 1709. The property is surrounded on the north, west and southwest by Southridge Lakes residential development which is zoned SF-20A. There are developed residential lots located directly to the east, across Shady Oaks Drive, which are zoned SF-lA. There is a scattering of trees on the west portion of the site. HISTORY: Activity on this site includes the following: • Zoning (ZA86-065) AG to SF3, minimum one acre, was approved in January, 1987. • Preliminary Plat (ZA86-068) was approved in January, 1987 and expired since there was no final plat was filed. • SF -IA zoning was placed on the property in September, 1989. • October 17, 2000; City Council approved the rezoning of the property to SF30 and SF20-A subject to the following: 1) allow setback variances as follows: Lot 1, Block 1, 20' along Shady Oaks; Lots 10 & 11, Block 1, 15' along east side adjacent to Edward Court; and Lot 2 (now lot 20), Block 2, 30' along west side adjacent to Edward Court; 2) accept applicant's willingness to provide 4' sidewalk connecting Shady Oaks to Southridge Lakes through this development; 3) accept brick/wrought iron fence and 50' drainage landscape easement along Shady Oaks (not required by ordinance). LEGAL DESCRIPTION: Tracts 3A, 3A1, 3AlA, 3A1B, 3A1C, 3A2, 3E, and 3E1, Littleberry G. Hall Survey, Abstract 686, being 17.950 acres LAND USE CATEGORY: Low Density Residential and Medium Density Residential CURRENT ZONING: "SF -IA" Single Family Residential District; "SF-20A" Single Family Residential District; and "SF-30" Single Family Residential District TRANSPORTATION ASSESSMENT: Thoroughfare Plan The Thoroughfare Plan recommends Shady Oaks Drive to be an undivided two (2) lane collector road with 64' of right-of-way (R.O.W.). This Case No. Agenda Item Attachment A ZA00-120 8A Page 1 widening project is not funded at this time. The Preliminary Plat indicates that 32' of R.O.W. from the roadway center line will be dedicated. Existing Area Road Network Shady Oaks Drive is two (2) lanes with 22' of pavement. The current traffic counts on Shady Oaks Drive: 24hr North Bound (NB) (1,602) South Bound (SB) (1,773) NB Peak A.M. (245) 8a.m.-9a.m. Peak P.M. (167) 3 .m.-4 .m SB Peak A.M. (350) 8a.m-9a.m. Peak P.M. (175) 6 .m.-7 .m. Traffic Impact The proposed development is projected to generate 220 trips per day. Shady Oaks Drive is operating at a LOS of "C". The intersection of Shady Oaks Drive and F.M. 1709 operates at a LOS of "E" during the A.M. and P.M. peak hours due to Durham Elementary school traffic. Trail System Master Plan The Trail System Master Plan recommends an Off -Road (Pedestrian/Bicycle) Trail on the east side of Shady Oaks Drive. WATER AND SEWER: An existing 12" waterline exists along Shady Oak Drive. An existing 8" sewer line exists on Love Henry Court. Both systems have the capacity to serve the proposed development. ESTIMATED IMPACT FEES*: Water $37,894.50 Assumes 21-1" meters Wastewater $23,614.50 (Assumes 21-1" meters) Roadway $31,409.07 (Roadway Service Area 3) * Final Impact Fees are determined by the Building Services Department at the time of Building Permit Issuance. The fees shown above represent estimates prepared by the Planning Department. P&Z ACTION: December 7, 2000; Approved (7-0) subject to Plat Review Summary No. 2, dated December 1, 2000, and to accept the applicant's willingness to provide 4' sidewalk connecting Shady Oaks to Southridge Lakes through this development. STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated December 1, 2000. NACommunity Development\WP-FILES\MEMO\2000cases\00-120PP.doc Case No. Agenda Item Attachment A ZA00-120 8A Page 2 Case No. ZA00-120 Vicinity Map High Point Estates 2000 0 2000 4000 Feet 01 S Agenda Item $A E Attachment B Page 1 ;e No. DO-120 � ���g �:� a? a �� �a i �� �➢ tx. E YaF pGox s,. R tfp ea = T AtE -. �a 6' a gj =p ek s 8 a 1•� ij si x s rs; ��EYfi jjljgqq .IS46i�ppG 5j 9p Agenda Item, f//1 � P Case No.: ZA00-120 Project Name: Preliminary Plat APPLICANT: Ross Owen 480 Shady Oaks Southlake, TX 76092 Phone: Phone: (972) 365-0265 Fax: (972) 438-4090 PLAT REVIEW SUMMARY Review No.: Two Date of Review: 12/1/00 SURVEYOR/ENGINEER: Washington & Associates 500 Grapevine Highway Hurst, TX 76054 Phone: 817-485-4106 Fax: 817-485-4106 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/28/00 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 KEN BAKER AT (817) 481-5581, EXT. 753. 1. Provide 4' sidewalk connecting Shady Oaks to Southridge Lakes through this development on the final plat. 2. The following changes need to be made to the Land Use Schedule. Zoning: Add SF -I -A and change SF-30-A to SF-30. Gross Density (D.U./Acre): Change from 2.77 to 1.22. Informational Comment • A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. A Final Plat must be approved prior to approval of the Developers agreement. • October 17, 2000; City Council approved the rezoning of the property to SF30 and SF20-A subject to the following: 1) allow setback variances as follows: Lot 1, Block 1, 20' along Shady Oaks; Lots 10 & 11, Block 1, 15' along east side adjacent to Edward Court; and Lot 2 (now lot 20), Block 2, 30' along west side adjacent to Edward Court; 2) accept applicant's willingness to provide 4' sidewalk connecting Shady Oaks to Southridge Lakes through this development; Case No. Agenda Item Attachment D ZA00-120 $p Page 1 3) accept brick/wrought iron fence and 50' drainage landscape easement along Shady Oaks (not required by ordinance). cc: Ross Owens Case No. Agenda Item Attachment D ZA00-120 SA Page 2 Surrounding Property Owners High Point Case No. Agenda Item Attachment E ZA00-120 OA Page 1 Property Owner Zonin2 Land Use Description Acreage 1. G. Stengem 1. "SF-20A" 1. Medium Density Residential 1. 0.49 acres 2. S. Weatherspoon 2. "SF-20A" 2. Medium Density Residential 2. 0.46 acres 3. R. Howard 3. "SF-20A" 3. Medium Density Residential 3. 0.46 acres 4. D. Stropes 4. "SF-20A" 4. Medium Density Residential 4. 0.46 acres 5. M. Varnell 5. "SF-20A" 5. Medium Density Residential 5. 0.46 acres 6. J. Vitali 6. "SF-20A" 6. Medium Density Residential 6. 0.46 acres 7. D. Fink 7. "SF-20A" 7. Medium Density Residential 7. 0.47 acres 8. D. Sellari 8. "SF-20A" 8. Medium Density Residential 8. 0.64 acres 9. M. Skaggs 9. "SF-20A" 9. Medium Density Residential 9. 0.64 acres 10. P. Bruton 10. "AG" 10. Low Density Residential 10. 1.00 acres 11. R. Mooney 11. "SF-1A" 11. Low Density Residential 11. 0.97 acres 12. J. Peter 12. "SF -IA" 12. Low Density Residential 12. 1.83 acres 13. M. Benton 13. "SF -IA" 13. Low Density Residential 13. 1.79 acres 14. M. Wayland 14. "AG" 14. Low Density Residential 14. 5.00 acres 15. W. Evans 15. "AG" 15. Medium Density Residential 15. 2.83 acres 16. City of Southlake 16. "AG" 16. Medium Density Residential 16. 1.00 acres 17. W. Evans 17. "AG" 17. Medium Density Residential 17.4.90 acres 18. R. Stacy 18. "SF -IA" 18. Low Density Residential 18. 1.00 acres 19. R. Stacy 19. "SF -IA" 19. Low Density Residential 19. 5.47 acres 20. Owen Land & Properties Inc. 20. "AG" 20. Low Density Residential 20. 19.52 acres 21. N. Conner 21. "SF-20A" 21. Medium Density Residential 21. 0.59 acres 22. T. Sales 22. "SF-20A" 22. Medium Density Residential 22. 0.50 acres 23. J. Huggins 23. "SF-20A" 23. Medium Density Residential 23. 0.59 acres 24. T. Thach 24. "SF-20A" 24. Medium Density Residential 24. 0.46 acres 25. G. Woods 25. "SF-20A" 25. Medium Density Residential 25. 0.46 acres 26. J. Mariano 26. "SF-20A" 26. Medium Density Residential 26. 0.59 acres 27. W. Hickey 27. "SF-20A" 27. Medium Density Residential 27. 0.68 acres 28. S. Laux 28. "SF-20A" 28. Medium Density Residential 28. 0.46 acres 29. R. West 29. "SF-20A" 29. Medium Density Residential 29. 0.46 acres 30. A. Humphrey 30. "SF-20A" 30. Medium Density Residential 30. 0.55 acres 31. R. Bair 31. "SF-20A" 31. Medium Density Residential 31. 0.55 acres N:\Community Development\WP-FILES\NOTICE\2000 Exhibits\00-120.doc Case No. Agenda Item Attachment E ZA00-120 g A Page 2 Surrounding Property Owner Responses High Point Estates NO. OF NOTICES SENT: Thirty-two (32) RESPONSES RECEIVED: Four (4) responses were received from within the 200' notification area: • Doreen L. Bruton, 583 Shady Oaks, Southlake, TX, in favor, "Please consider sidewalks on Shady Oaks so all neighborhood children can walk or ride their bikes to Durham Elem./Int./Jr. High Schools." (Received November 30, 2000.) • Ned R. Conner, 320 Blanco Circle, Southlake, TX, opposed, "I move to Southlake because it was semi - rural, my taxes have only increased, along with the traffic, with more housing going up around here. Now we pay for more schools. Enough is Enough!" (Received December 4, 2000.) • Shirley E. Conner, 320 Blanco Circle, Southlake, TX, opposed, "I do not want increased traffic any more than we've already gotten from new subdivisions. My taxes also increase with the need for more schools." (Received December 4, 2000.) • Doreen L. Bruton, 583 Shady Oaks, Southlake, TX, in favor, "Please consider sidewalks on Shady Oaks for the children to walk to Durham. Thank you!" (Received December 14, 2000.) Case No. Agenda Item Attachment F ZA00-120 8A Pagel ! City of Southlake, Texas J MEMORANDUM December 19, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (xt. 1727) SUBJECT: Approval of proposed library policies Action Requested: City Council approval of proposed library policies. Background Information: The Library Board and City staff have been working to develop some of the necessary policies and procedures for the operation of the library. The policies were developed by a sub -committee consisting of Library Administrator Terry McLaughlin, Library Board Chair Maria Cameron, and Board Member Karen Cienki. The committee reviewed local library policies, American Library Association (ALA) handbooks, and Texas Library Association (TLA) policy information. The proposed policies cover a variety of areas ranging from hours of operation and fees to borrower privileges and responsibilities, and must be in place prior to the registration of patrons and opening of the facility. A packet of information for new library patrons is currently being developed and will include a copy of selected policies, as well as a library registration form. This information is being prepared to coincide with the events planned for the Town Hall grand opening celebration. Additional policies, as they become necessary, will be developed and presented to the Council in future months. The proposed policies were reviewed, discussed, and approved for recommendation to City Council by the Library Board (7-0) at their November 15, 2000 meeting. The City Attorneys office has also reviewed the policies and their comments have been incorporated. Financial Considerations: Not applicable. Citizen Input/ Board Review: The Library Board reviewed and recommended for approval (7-0) the proposed library polices at their November 15, 2000 meeting. The proposed library policy information was also included in the December 5, 2000 City Council packets as an informational item. Legal Review: The City Attorneys have reviewed the policies and their comments have been incorporated. IaA-1 0 Billy Campbell, City Manager December 19, 2000 Page 2 Alternatives: Alternatives include: • Provide comments and/or proposed revisions. Supporting Documents: Supporting documents include the following items: • Summary of the proposed library policies • Proposed library policies ♦ Library Hours of Operation ♦ Borrower Privileges and Responsibilities ♦ Fees and Extended Fees ♦ Loan Lengths ♦ Library Code of Conduct ♦ Unattended Children ♦ Donation Policy and Procedures ♦ Friends of the Southlake Library ♦ Southlake Public Library Foundation ♦ Internet Policy ♦ Confidentiality Staff Recommendation: City Council approval of proposed library policies at their January 2, 2001 meeting. WA-2 SUMMAR Y OF PROPOSED LIBRARY POLICIES Hours of Operation: Using the allotted funding for personnel, staff was able to develop a schedule allowing for a total of forty-four (44) hours of public operations. The proposed schedule is as follows: Monday 10:00 a.m. to 8:00 p.m. Tuesday 10:00 a.m. to 6:00 p.m. Wednesday 12:00 p.m. to 6:00 p.m. Thursday 10:00 a.m. to 8:00 p.m. Friday 12:00 p.m. to 6:00 p.m. Saturday 10:00 a.m. to 2:00 p.m. Sunday Closed Borrower Privileges and Responsibilities: The purpose of this policy is to establish guidelines regarding borrowing privileges and library card requirements for residents, non-resident and City employees. The policy would allow for free library cards for residents, property owners, and City employees. Non-residents would be allowed to use the library and check out materials but would be charged a fee ($25 per year) comparable to the Grapevine Public Library. The policy would also limit the number of items that can be checked out by a patron on their first visit to three (3), limit videocassette checkout to patrons eighteen (18) years or older, and allow for termination of library checkout privileges to patrons with materials more than one circulation overdue or whose fees are $5.00 or greater. Fees and Extended Fees: This policy establishes the list of fee items for overdue materials, lost or damaged materials, and services provided by the library. The fees themselves are established through the City Fee Schedule as presented to the City Council for review annually. The list of fee items includes books, books on cassette, CD's, CD -ROM's, magazines (after three month circulation), videocassettes, copies, computer printouts, replacement library cards, and non-resident library cards. Additionally, the policy establishes replacement fees for lost or damaged materials over one year old, under one year old, using either retail replacement cost or average replacement cost. A copy of the proposed library fee schedule is included in the attachments and will be presented as part of agenda item IOB, Resolution No. 00-105, Amending Fee Schedule. Loan Lengths: This policy establishes loan lengths for various library materials. The proposed loan lengths are comparable to what other area libraries currently provide. Books New Books Audiocassettes? days Videocassettes CD's CD —ROM's Periodicals Reference Books 14 days 14 days (no renewal) 7 days 7 days 7 days 7 days Do not circulate JOA-3 December 19, 2000 Page 2 Library Code of Conduct: This proposed policy was developed in order to ensure Southlake Library patrons a comfortable and pleasant atmosphere in which to read, study, and participate in programs. The policy prohibits the destruction or mutilation of library property, loud talking or boisterous behavior (running, excessive seat changing), eating, drinking, or the use of tobacco products, and states that personal modes of transportation such as bicycles, rollerblades, skateboards, and scooters are not allowed in the library. Any conduct deemed to be disruptive to the operations of the library, or threatening to patrons, staff, or library property will not be allowed. Failure to abide by this policy will result in a warning and/or expulsion from the library. Unattended Children: This policy was developed to address concerns with unattended children in the library and applies to children under the age of twelve (12) years. While the library staff is committed to assisting children during their visits to the library, staff cannot, nor is it their responsibility, to serve as babysitters, teachers, or disciplinarians. The policy also states that children must be under the direct supervision of a parent, guardian, or caregiver at all times. When the safety of a child is in doubt, or the parent, guardian, or caregiver cannot be located, or if the library is closing, library staff is authorized to contact the police and to stay with the child until they arrive. Scheduled programs designed and suitable for attendance by children without parental supervision are the only exceptions and will be duly noted as such on the program announcement. Parental contact information is required should the parent decide not to attend the program. Donation Policy and Procedures: The Donation Policy serves as a guide for the acceptance, rejection, and use of various items donated to the library. The policy provides details regarding full City ownership of donated items and protects the ability to retain, display, interfile, or discard donated items at the discretion of the library. Furthermore, the policy provides information on the donation process, the ability of the Library Administrator to accept gifts up to $1,000 in value, Board acceptance of gifts over $1,000 in value, the ability to defer final approval of a donation to the City Council. Friends of the Southlake Public Library Policy and Southlake Library Foundation Polices These policies were established to provide guidelines for the cooperative interaction between the Southlake Public Library and these two organizations. The policies define the general makeup of the Friends and Foundation, recognizes their efforts to contribute to the library as distinct and separate organizations, and sets forth library guidelines relating to City involvement in Friends and Foundation funding, programs, and activities. Essentially, the policy clarifies that both groups are stand alone organizations responsible for their own financial accounting and operations, and requires that advance notification and information be provided regarding any programs or activities planned on behalf of the Southlake Public Library. Internet Policy: The Internet Policy was established to provide guidance for the public use of the Internet. The policy states that services the library will not provide include, but are not limited to, newsgroups, personal e-mail, and chatlines. Patrons will not be permitted to load their own software and the City disclaims any responsibility for viruses that may be transmitted electronically. The policy further indicates that the City does not condone the use of its computer system for illegal purposes and expressly prohibits the same as well as accessing illegal sites (as defined by the ioA- 4 December 19, 2000 Page 3 Texas Penal Code in the Appendix to the Internet Policy). Failure to abide by this policy will result in a one week suspension of computer privileges. Subsequent violations may result in the loss of any and all library privileges for twelve months. Minors (under the age of eighteen) may have unrestricted Internet access only if the site desired is not available on the filtered computers and only if the parent or guardian signs an Internet parental consent form. The Southlake Library will, through various means, make every attempt to prevent access to illegal sites and will strongly enforce the policy as written. Youth computers will be programmed to allow access only to predetermined sites. Individuals wishing to use the computers in the adult area will be required to sign an Internet user agreement form, as provided by the City Attorney, indicating that they have read and agree to abide by the policies established by the City of Southlake. Patrons will sign in each time and will be assigned a computer to use. Staff' will visually monitor the computer workstations for appropriate use. Confidentiality: This policy indicates that records which identify or serve to identify a person who requests, obtains, or uses library materials or services are confidential and are excepted from required disclosures under the Texas Open Records Act. N:\CC\20001ibrarypo1icyattach Ldoc IOA- !; Policy: Source: Category: Effective Date: Southlake Public Library Board Policies and Procedures Manual Hours of Operation Library Board Administration TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in hours of operation. Policy Statement The Southlake Public Library maintains consistent, posted hours of service during which all services of the Southlake Public Library are available to patrons. Those hours are: MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY 10:00 A.M. to 8:00 P.M. 10:00 A.M. to 6:00 P.M. 12:00 P.M. to 6:00 P.M. 10:00 A.M. to 8:00 P.M. 12:00 P.M. to 6:00 P.M. 10:00 A.M. to 2:00 P.M. CLOSED Legal and Holiday hours will be posted with a two -week notice and subject to the annual City of Southlake employee vacation calendar. Hours of operation may be subject to change. loA-G Southlake Public Library Board Policies and Procedures Manual Policy: Borrower Privileges and Responsibilities Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in borrower privileges and responsibilities. Policy Statement The Southlake Public Library issues resident (free), city employee (free) and non-resident (fee) library cards. Requirement to obtain a resident (free) library card: Must be a resident of or a property owner in Southlake. A. B. Must present positive proof of residence address (no P.O. Box) or property ownership, such as real or personal property tax statement. C. Must complete and sign the application card. This card expires three years from date of issue. D. Any minor, as defined by the State of Texas, must have the signature of a parent or legal guardian on the application signed in the presence of a library staff member. Requirement to obtain a city employee (free) library card: A. Must be an active and current employee of the City of Southlake. B. Must present a current City of Southlake employee ID card. C. Must complete and sign the application card. This card expires one year from date of issue. The card is terminated upon employee resignation, retirement or termination. Requirement to obtain a non-resident (fee) library card: A. Must present positive proof of residence address (no PO Box). B. Must pay user fee as established by current City fee schedule. C. Must complete and sign the application card. This card expires one year from date of issue. D. Any minor, as defined by the State of Texas, must have the signature of a parent or legal guardian on the application signed in the presence of a library staff member. 10A-1 Borrowers must be registered and must have a library card to borrow library materials. In order to renew a library card, patrons must produce identification and must clear all outstanding fees. New borrowers are limited to three items on the first visit. Videocassette checkout will be limited to person's eighteen years and older. Patrons who borrow materials from the Southlake Public Library are responsible for returning them in a timely manner and in the same condition. Any person who holds materials more than one circulation overdue or whose fees have accumulated to $5.00 or more will forfeit library privileges until materials are returned and fees are paid. IOA -6 Southlake Public Library Board Policies and Procedures Manual Policy: Fees and Extended Fees Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in fees and extended fees. Policy Statement The Southlake Public Library has established the following schedule for overdue materials as well as fees for lost and/or damaged materials and for other services provided by the Southlake Public Library. Materials extended use fees Fees Books fees as established by current City fee schedule. Books on Cassette fees as established by current City fee schedule. CD fees as established by current City fee schedule. CD-ROM fees as established by current City fee schedule. Magazines fees as established by current City fee schedule. Videocassettes/DVD fees as established by current City fee schedule. Copies fees as established by current City fee schedule. Computer printout fees as established by current City fee schedule. Lost card fees as established by current City fee schedule. Non-resident fees as established by current City fee schedule. Card DA- 9 Lost or damaged materials Borrowed materials are the responsibility of the library cardholder. In the case of children under the age of 18, it is the parents/ guardian's responsibility to pay for the lost or damaged items in accordance with the following schedule of terms: 1. Retail replacement cost of any item which is lost or damaged beyond repair and for which a current price can be found. Double replacement costs or replacement cost plus $20 processing fee (whichever is less), will be levied on any item less than 12 months old. 2. Average replacement cost for any item which is lost or damaged beyond repair and for which a current price cannot be found. Double average replacement cost or replacement cost plus $20 processing fee (whichever is less), will be levied on any item less than 12 months old. 3. Repair costs for damaged items will be conveyed to the patron from the library staff after the damage is evaluated. !oA -10 Fees Schedule for Library Services Materials extended use fee Books $.25 per day, not to exceed cost of the item. Books on Cassette $1.00 per day, not to exceed cost of the item. CD $1.00 per day, not to exceed cost of the item. CD-ROM $1.00 per day, not to exceed cost of the item. Magazines $.25 per day, not to exceed cost of the item. Videocassettes/DVD $1.00 per day, not to exceed cost of the item. Fees Copies $.15 per page Computer printout including Internet downloads, graphics, CD-ROM product information and personal work $.15 per grayscale page $.35 per color page Lost card $2.50 per card Non-resident card $25.00 per card/per year lok-11 Southlake Public Library Board ' Policies and Procedures Manual Policy: Loan Lengths Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in loan lengths. Policy Statement Books 14 days New Books 14 days (no renewal) Audiocassettes 7 days Videocassettes/CD-ROM 7 days Periodicals 7 days Reference Books Do not circulate A maximum limit of six items per cardholder will be imposed. Southlake Public Library Board Policies and Procedures Manual Policy: Library Code of Conduct Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library Code of Conduct. Policy Statement To insure that all patrons may have considerate use of the Southlake Public Library, appropriate behavior is expected. Violation of any of the following rules will result in a warning and/or expulsion from the property. Whenever necessary police will be contacted. The Library Administrator and supervisory staff have the authority to carry out all powers of this policy. 1. No loud talking or boisterous behavior (running, excessive seat changing, etc.) 2. No food or drink may be consumed in the library (except with prior approval of the Library Administrator). 3. No smoking or tobacco product use. 4. No destruction or mutilation of library property. 5. No personal modes of transportation (i.e. bicycles, rollerblades, skateboards, scooters, etc.) are allowed in the library. 6. No conduct which is disruptive to the operation of the library, threatening to patrons, staff or library property, or otherwise in violation of any City ordinance or State law. JoA- 13 Southlake Public Library Board Policies and Procedures Manual Policy: Unattended Children Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for unattended children at the Southlake Public Library. Policy Statement Parents are responsible for the behavior of their children while they are in the library. The Southlake Public Library staff is committed to help children with activities related to the library. However, library staff cannot, nor is it their responsibility to serve as babysitters, teachers or disciplinarians. Violation of this policy is grounds for suspension of library privileges. Whenever advisable, the library will notify the parent or guardian of incidents involving an unattended child. Children under the age of 12 must be accompanied and directly supervised at all times by a parent, guardian, or other responsible caregiver. When the safety of an unattended child is in doubt, or the parent, guardian or responsible caregiver cannot be located or if the library is closing, library staff is authorized to call the police and stay with the child until the police arrive. From time to time the Southlake Public Library schedules or provides programs, which are designed and suitable for attendance by children without parental supervision. Such program announcements will so indicate and if no indication is included then supervision is required. When so indicated, if the parent, guardian or caregiver intends to be absent, they must leave word at the circulation desk as to their whereabouts and, if possible, a phone number where they or a responsible adult can be contacted. Children over the age of 12 may use the library unattended by an adult, subject to other library rules and policies concerning behavior, conduct and demeanor. InA. 14 UTIN Southlake Public Library Board "' Policies and Procedures Manual Policy: Donation Policy and Procedures Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy and the accompanying list of procedures is to provide consistent guidance for the consideration of donations to the Southlake Public Library. Policy Statement No donation can be accepted unless it is given to the Library without restrictions. In accepting a gift of materials, the Library reserves the privilege of deciding whether item(s) donated should be added to the collection. Generally, the material will be judged by the same standards of selection as those applied to the purchase of new materials. The Southlake Public Library accepts gift books with the understanding that books, which are useful to the library collection, will be retained, and other books disposed of in whatever manner the librarian deems appropriate. The Library reserves the right to interfile gifts with other collections on the same subject, so that all collections are organized and classified according to the library standards for the best public service. The Library welcomes monetary contributions specifically for book purchases in memorial to or in honor of named individuals. For memorial books to the library, the Library may place within the book the name of the individual(s) and donor, if desired. In order that the Library can properly honor the generosity a special form to record the information is used and should be completed. Individuals, businesses or organizations considering making a donation to the Southlake Public Library and who wish for a written acknowledgement of this donation, shall fill out a form provided by the Library for this purpose. Although donation of art objects and other types of materials are usually welcomed and valued, final decision on their acceptance rests with the Library Administrator and the Library Board. The Library welcomes cash contributions, gifts of real property, stocks and bonds. Although it is unlikely, there may be an occasion in which the restrictions set by the donor make it impossible IOA - 145 for the Library to accept the contribution. All donations are subject to the approval of the Library Administrator, and also the approval of the Library Board for donations valued at over $1,000. All gifts are accepted with the understanding that they may someday be sold or disposed of if necessary or in the best interest of the library. The library cannot commit itself to perpetually house any donation. The library cannot appraise the value of a donation of materials or arts for income tax implications. Procedures I. Individuals, businesses or organizations considering making a donation to the Southlake Public Library and who wish for a written acknowledgement of this donation, shall fill out a form provided by the Library for this purpose. II. The proposal should include a description of the donation, and if applicable, pictures and/or drawings of the donations, and list the value of the donation. III. The Library Administrator shall make the determination to approve all proposed donations valued at less than $1,000. IV. The Library Administrator will review and forward comments/recommendations on all donation proposals valued at over $1,000 to the Southlake Public Library Board for their review at the next regular Board meeting. V. The Library Board will consider the proposed donation and make a determination, which may include comments/recommendations. At the Board's discretion, donations may be forwarded to the City Council for final approval. VI. The Southlake Public Library reserves the right to accept or reject any item(s) submitted for approval. VII. The potential donor reserves the right to withdraw the proposed item at any time during the approval process, until final approval by the Library. VIII. All item(s) will be considered for acceptance on an item by item basis. IX. All accepted donations to the Southlake Public Library will become the property of the Southlake Public Library, and will be used at the discretion of the City. nA -17 9f R�q Southlake Public Library Board Policies and Procedures Manual Policy: Friends of the Southlake Public Library Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide general guidance for the cooperative interaction between the Southlake Public Library and the Friends of the Southlake Public Library. Policy Statement The Friends of the Southlake Public Library is distinct and separate from the Library, and neither the Friends as an organization nor any member or participant thereof may assume any liability or take or authorize any act on behalf of the Southlake Public Library. The Friends of the Southlake Public Library provide assistance to the Library staff as needed and may undertake ongoing fundraising projects. Because the Friends of the Southlake Public Library is an organization comprised solely of volunteers distinct and separate from Library personnel, Library personnel shall not take direction, instruction, or supervision from the Friends, nor perform any duty or take any act on behalf of the Friends, except Library staff may act in an advisory capacity for Friends activities. Operating expenses of the Southlake Public Library are provided through the allocation of tax monies. Friends funds and Library funds shall not be commingled or integrated, except that monetary gifts from the Friends may be accepted by the Library Board whereupon said gifts shall become solely the funds of the Library but shall be expended for the specific purpose for which the gift or donation has been made. In the event the Southlake Public Library becomes the custodian of any Friends funds, those funds shall be kept as separate "funds" for audit and bookkeeping purposes. Complete advance information regarding all of the Friends of the Southlake Public Library activities on behalf of the Southlake Public Library shall be provided to the Library Administrator and the Library Board of the Southlake Public Library. Programs adopted by the Friends shall not be part of the budget of or funded by the Southlake Public Library. Southlake Public Library Board Policies and Procedures Manual Policy: Southlake Public Library Foundation Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide general guidance for the cooperative interaction between the Southlake Public Library and the Southlake Public Library Foundation. Policy Statement The Southlake Public Library Foundation is distinct and separate from the Library, and neither the Foundation as an organization nor any member or participant thereof may assume any liability or take or authorize any act on behalf of the Southlake Public Library. The Southlake Public Library Foundation shall be responsible for fundraising for long term capital improvements. Because the Southlake Public Library Foundation is an organization comprised solely of volunteers distinct and separate from Library personnel, Library personnel shall not take direction, instruction, or supervision from the Foundation, nor perform any duty or take any act on behalf of the Foundation. Operating expenses of the Southlake Public Library are provided through the allocation of tax monies. Foundation funds and Library funds shall not be commingled or integrated, except that monetary gifts from the Foundation may be accepted by the Library Board whereupon said gifts shall become solely the funds of the Library but shall be expended for the specific purpose for which the gift or donation has been made. In the event the Southlake Public Library becomes the custodian of any Foundation funds, those funds shall be kept as separate "funds" for audit and bookkeeping purposes. Complete advance information regarding all of the Southlake Public Library Foundation activities on behalf of the Southlake Public Library shall be provided to the Library Administrator and the Library Board of the Southlake Public Library. Activities adopted by the Foundation shall not be part of the budget of or funded by the Southlake Public Library. Southlake Public Library Board Policies and Procedures Manual Policy: Internet Policy Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the public use of the Internet at the Southlake Public Library. . Policy Statement The Library is not a full service Internet provider. Services which will not be available include, but are not limited to, newsgroups, chatlines, and personal electronic mail accounts. Patrons will not be permitted to load their own software. The City of Southlake disclaims any responsibility to monitor for or prevent viruses that may be transmitted electronically. Patrons are advised to take precautions for eliminating virus or other software corruption. The City of Southlake does not promote or condone the use of its computer system for illegal purposes and expressly prohibits the same as well as accessing illegal sites. * Further, the City finds there is material on the Internet, while not obscene, that is not appropriate for minors due to explicit sexual descriptions or graphics. The City recognizes that minors may utilize Library resources, including the Internet, outside of their parents' presence. The City of Southlake, through the Library, has a compelling interest to assist parents in protecting the welfare of minors** who are vulnerable and unable to, make critical decisions in an informed and mature manner. Failure to abide by the aforementioned policy may result in a one -week suspension of computer privileges. Subsequent violations may result in the loss of any and all library privileges for twelve months. Anyone wishing to utilize the Internet must possess a Southlake library card. Minors must have a parent or guardian make an election for the use of a filtering program for Internet use by the child. Minors whose parents or guardian allow them to have unrestricted Internet use and adults may access the unfiltered computer if the site(s) desired is not available on the filtered computer. Even filters cannot insure that obscene and other illegal materials are not available. Due to the Internet capability to constantly change and establish new sites, user expertise, and other IOA - 20 technology, it is still possible to access illegal, obscene or offensive sites. The City of Southlake makes no guarantee that such access will not occur even with the use of filters. The selection of a filtering program is solely within the discretion and judgement of the City. Users must accept responsibility for information displayed or printed during their Internet session. THE CITY OF SOUTHLAKE EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY RESULTING FROM THE USE OF ITS COMPUTER SYSTEM, SELECTION OF A FILTERING PROGRAM, ACCESS TO THE INTERNET, DATA, INFORMATION, OR MATERIAL ON THE INTERNET, OR THE USE OR MISUSE OF INFORMATION FROM THE INTERNET. /0)4-21 APPENDIX *ILLEGAL MATTERS Illegal materials are those that meet the definition of obscenity and harmful materials to minors as defined by the Texas Penal Code Sections 43.21 and 43.24 as follows: The Texas Penal Code defines obscenity as: "Material the average person applying contemporary community standards would find that taken as a whole, it appeals to prurient interest in sex; and depicts or describes patently offensive representation or description of: Ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or, Patently offensive representations or description of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernable turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and, Taken as a whole, lacks serious literary, artistic, political or scientific value." T.P.C. 43.21 The Texas Penal Code defines material harmful to minors as material whose dominant theme taken as a whole: Appeals to the prurient interest of a minor in sex, nudity, or excretion: Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable fQr minors; and Is utterly without redeeming social value for minors. T.P.C. 43.24 **MINORS Persons who are under 18 years of age. 10A-747 Southlake Public Library Board Policies and Procedures Manual Policy: Confidentiality Source: Library Board Category: Administration Effective Date: TBD Statement of Purpose The purpose of this policy is to provide consistent guidance for the Southlake Public Library staff in confidentiality. Policy Statement Records of this library which identify or serve to identify a person who requests, obtains, or uses library materials or services are confidential and are excepted from required disclosure under the Texas Open Records Act. IOA-23 City of Southlake, Texas MEMORANDUM December 29, 2000 TO: Billy Campbell, City Manager FROM: Ricky Black, Interim Director of Public Safety (Ext. 2406) SUBJECT: Request for a variance to Sign Ordinance No. 704-A for Kumon Math and Reading Center located at 2120 East Southlake Boulevard, Suite A (Village Center) to allow an oversized attached sign. Action Requested: City Council consideration of variance to Sign Ordinance 704-A. Background Information: The Village Center shopping center was developed in 1996 and 1997. The sign ordinance in effect at that time allowed attached signs to have an area up to 1.5 times the width of the storefront. Since September of 1998 the ordinance has limited the sign area to .75 times the storefront. Kumon USA is relocating within the shopping center. This request is to allow the relocation within the center of the existing sign. The store was 30 feet wide in their original location and is approximately 35.5 feet wide in their new location. The 35.5 storefront allows 26.6 square feet. The requested sign is approximately 42.75 square feet in area. The sign otherwise fully complies with the ordinance. Financial Considerations: Not Applicable Citizen Input/ Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: None Alternatives: The council may approve the request, deny the request or approve it subject to whatever conditions they deem appropriate. Supporting Documents: Variance Application Form Sign Drawings Ordinance No.704-A, Sections 14 and 16-A Staff Recommendation: Place variance request on the January 2, 2000 City Council meeting for approval. RB/cb 1OB -1 CITY OF SOUTHLAKE SIGN VARIANCE APPLICATION APPLICANT OWNER (if different) NAME: Kumon USA ADDRESS: 2140 E. Southlake Blvd., Suite I Southlake, TX 33324 PHONE: 817-329-6284 FAX: 817-421-1252 The following information pertains to the location for which the variance is requested NAME OF BUSINESS OR OPERATION: Kumon USA STREET ADDRESS: 2120 E. Southlake Blvd., Suite LEGAL DESCRIPTION: Lot 3 Block 1 Village Center Addition I hereby certify that this application is complete as per the requirements of Sign Ordinance No. 704 as summarized below. I further understand that it is necessary to have a representative at the City Council meeting who is authorized to discuss this request. Applicant's signature: Date: — Z C t> The following checklist is a summary of requirements for sign variance requests as required by the City of Southlake. The applicant should further refer to the Sign Ordinance No.704 and amendments, and other ordinances maps, and codes available at the City Hall that may pertain to this sign variance request. X Completed sign variance request application. X Completed demonstration of conditions applicable to the requested variance (see attached.). X Site plan showing the location of the sign variance request and any other signs that conform to or are exempt from the sign ordinance. The site plan shall also indicate the building, landscaped areas, parking & approaches and adjoining X Scaled and dimensioned elevations of the signs for which the variance is requested. For attached signs, the elevations shall show the building, the sign for which the variance is requested, and any other signs that conform to or are exempt from the sign ordinance. 1OB-2 Demonstration Please demonstrate that the following conditions are applicable to the requested sign variance: 1. That a literal enforcement of the sign regulation will create an unnecessary hardship or practical difficulty on the applicant. Kumon USA has been the tenant at 2140 Southlake Blvd., Suite I (Village Center) since April 1997. The sign displayed above our place of business was built in compliance with city ordinances governing signage at that time. Kumon will soon relocate to another space within the same shopping center (Suite 2120 B), about half way between the current location and the Krogers. In December 1998 the City enacted Ordinance 704-A. Section 3, Article IV limits attached signs to "seventy-five percent (75%) of the width of any building or leased space." Given our new location has 35 feet of frontage, we are only allowed signage of 27 square feet. However, our current sign totals 42 square feet. Compliance with Ordinance 704-A will require the disposal of an operable sign and the purchase of another at a cost that represents "an unnecessary hardship and practical difficulty" for Kumon USA as specified in section 14, Article III of Ordinance 704-A. 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. Our sign is legal in its current, original location. The other businesses within the shopping center — like Kumon - built their signs to comply with ordinances in effect prior to the passage of Ordinance 704-A in December 1998. Relocating the Kumon sign a couple of hundred feet within the same shopping center is compatible with the prevailing signage size in the Village Center. 3. That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. Village Center was developed prior to the promulgation of Ordinance No. 704-A on December 1, 1998. Other businesses located within the same shopping center have signage that was created to meet the requirements of the ordinance in effect at the time of their development (1997). The relocation of our existing sign is "wholly compatible with the use and permitted development of adjacent properties" (section 14, Article III, Ordinance 704-A). 4. That the variance will be in harmony with the spirit and purpose of the sign ordinance. Kumon USA respectfully submits that the relocation of our sign from 2140 I to 2120 B Southlake Blvd is fully compatible with Section 14, Article III of Ordinance 704-A. The sign conforms to the ordinance existing at the time when the shopping center was developed and is compatible with signage prevailing in the Village Center. The new location is further back from Southlake Blvd, facing the same parking lot and obscured by the Wendy's restaurant on Southlake Blvd. 10B-3 Nov 22 00 01:30p CIT OF SOUTHLRKE 1OB-4 (8171488-5097 Cho N (A `� N •7 ao x a Q E LLLLLLLLLLLLLLI~LLLLLLLLLELLLLLLLLLLLLLLLLLL cadddddddddddddddddddd N N N N N N N N M fA N N N N N N N N N N N N N O O O O C O O o O O O O O O O O O O O O O M O t0 M O O �O H1 0 0 0 0 0 0 0 0 0 0' O O O at tt O N of r O 0 I Of Ol r r �f7 �O Q 'O O N YI LO O t'f MNN NrrrNNNNrrrrl+i lD rrr ID r } QLL d ti N c a m E N N 7 �E O � ` O c L m o a ao �y�o m mm E H� ho min M. ci 3 E N > mw N w c 0 D m Y V a x m -ccu y A m Orm :^ J m c T. >. m» w E N m a m u 2 m a E t in Ol m O m m> C O r, jp m O w Y N w O CLL cNCiC N OC7aQ�"f m O 00N` EO vO am w5 is °> , C c E xr m m o m uma Y Qa�QNw-QY�wNu.-' dN.m-Vm— o mkrop yN mm r N M V Ln W t� O m N N N Y Z Q OfI O aw 0 0 0 W W Z22�W tx D O O (L L) U = = N W F- 1OB-5 c O C N ti Y u Q VILLAGE CENTER SOUMIAM BLVD. AT VILLAGE CENTER DRIVE — SOUTHLM, TEXAS SUITE 2120-A 13,606 USF 60'-2' 1ST FLOOR 1OB-6 NOT TO SCALE All dimensions and square footages are approximate. June 13, 2000 The following sections have been excerpted from the Sign Ordinance No. 704-A SEC.14 VARIANCES The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS A. ATTACHED SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all attached signs which are allowed under this ordinance. Signs may not be attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility poles, public buildings, fences, railings, public telephone poles, or trees. The direct painting of signs on buildings shall be prohibited except for signs less than a three (3) square foot area used for building identification. 2. MINIMUM /MAXIMUM LETTER/LOGO HEIGHT: The minimum height allowed for letters or logos shall be six (6) inches. The maximum height allowed for letters or logos shall be based on the following criteria: Distance From R.O.W. * Maximum Letter/Logo Height Less than 100 ft. 101 - 150 ft. 151 - 200 ft. 201 - 250 ft. 251 - 300 ft. 301 and greater 12 inches 18 inches 24 inches 30 inches 36 inches 42 inches * - For any lease space which does not front on a street, the maximum letter/logo height shall be based on the distance from the vehicular driveway access (see Appendix `B' for further clarification). �W 3. MAXIMUM AREA: 0.75 square feet for every one foot of width of building or lease space not to exceed 400 square feet (see Appendix 'A' for further clarification). 1OB-7 4. NUMBER OF SIGNS: Only one attached sign per lease space shall be allowed along each street frontage on any site, unless otherwise specifically provided in this ordinance. A secondary sign may be permitted at a public entrance, provided the entrance is on another side of the building, but shall be limited to twenty-five percent (25%) of the primary or permitted sign size, whichever is more restrictive. The six (6) inch minimum letter/logo height will not apply to these secondary signs. No more than two (2) attached signs shall be allowed per lease space. Attached signs shall be located within the first story of the main exterior entrance for a building or lease space (see Appendix `B' for further clarification). 5. SIGN WIDTH: Attached signs shall be limited in width to the middle seventy five percent (75%) of the width of any building or lease space. In the event the lease space facade is horizontally articulated, the 75% rule shall apply to the allowed sign to be located on any single plane facade (see Appendix 'B' for further clarification). 6. ROOF LINE LIMITATIONS: In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls and the sign may not extend above the parapet wall. Signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height (see Appendix `B' for further clarification). Signs may be attached to a continuous plane fascia, if the sign does not extend above or below the projection of the fascia. Signs attached to fascia are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure (See Appendix `B' for further clarification). 7. ILLUMINATION: Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are not allowed. 8. PROTRUSIONS: Attached signs may not protrude farther than eighteen inches (18") from the building, excluding signs attached to canopies. 9. RESIDENTIAL ADJACENCY: Attached signs shall not be allowed on any facade (other than the main front of the building) which faces property zoned for single-family residential uses if the sign is within one hundred fifty feet (150') of the property line of said residential property. I_I: City of Southlake, Texas MEMORANDUM December 29, 2000 TO: Billy Campbell, City Manager FROM: Ricky Black, Interim Director of Public Safety (Ext. 2406) SUBJECT: Request for a variance to Sign Ordinance No. 704-A for Fitness HQ located at 2800 East Southlake Boulevard (Gateway Plaza) to allow an additional attached sign on the east elevation. Action Requested: City Council consideration of variance to Sign Ordinance 704-A. Background Information: Fitness HQ is located on the west end of the building at the southeast corner of Gateway Plaza, Phase I. The building was built facing Southlake Blvd. on the south and the western entrance to the center on the west. Section 16 of the sign ordinance allows one sign on the south elevation facing Southlake Blvd. Because the available parking for this space is on the west side of the building, the applicant has requested an additional sign be allowed on the west elevation. The secondary sign rule would not apply because there is not a public entrance on the west side of the building. On the opposite end of the building, Baker Brothers is allowed a sign facing east because of the location of Gateway Drive. The sign otherwise fully complies with the ordinance. Financial Considerations: Not Applicable Citizen Input! Board Review: No citizen input has been received. Not subject to any Board review. Legal Review: None Alternatives: The council may approve the request, deny the request or approve it subject to whatever conditions they deem appropriate. Supporting Documents: Variance Application Form Sign Drawings Ordinance No.704-A, Sections 14 and 16-A Staff Recommendation: Place the variance request on the January 2, 2000 City Council meeting agenda for approval. 10C-1 CITY OF SOUTHLAKE SIGN VARIANCE APPLICATION APPLICANT OWNER (if different) NAME: jeep(ti I (� t `l�'►�5S L �rvc.yf��S ADDRESS: 1(q 3 ti PP.�S�N 14� PHONE: q90. 719a FAX: IN 1 The following information pertains to the location for which the variance is requested NAME OF BUSINESS OR OPERATION: FrTwzS MA STREET ADDRESS: ';� gbp 45OU-0+-r c4 LEGAL DESCRIPTION: Lot Block- Subdivision I hereby certify that this application i omplete as per the requirements of Sign Ordinance No. 704 as summarized below. I further unders t it is necessary to have a representative at the City Council meeting who is authorized to discuss is est. Applicant's signature: Date: l b l LOD 6 The following checklist is a 69&41! of requirements for sign variance requests as required by the City of Southlake. The applicant should further refer to the Sign Ordinance No.704 and amendments, and other ordinances maps, and codes available at the City Hall that may pertain to this sign variance request. Completed sign variance request application. L1 Completed demonstration of conditions applicable to the requested variance (see attached.) . Site plan showing the location of the sign variance request and any other signs that conform to or are exempt from the sign ordinance. The site plan shall also indicate the building, landscaped areas, parking & approaches and adjoining street R. 0. W. Scaled and dimensioned elevations of the signs for which the variance is requested. For attached signs, the elevations shall show the building, the sign for which the variance is requested, and any other signs that conform to or a' C exempt from the sign ordinance. 1OC-2 Demonstration Please demonstrate that the following conditions are applicable to the requested sign variance: 1' That a literal enforcement of the sign regulation will crate an unnecessary hardship or practical difficulty on the applicant L4 VA U? AII�� Aiyt, av it caw&� 2 • That the situation causing the unnecessafhardship or practical difficulty is unique to the affected property and is not self imposed. 3. 4. 0 N WA41 61C J� MV& fit,c., p-" That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. W� �,;,�, .fir e � 11"� ik Mfil -f�- AE �n4-9a at,A t:a�w van A S;tIA- vYVVbtu.G� 6 ;4 That the variance will be in harmony with the spirit and purpose of the sign ordinance. Aw 6WWWVVt 4VO "7� a1,dii,VWA v . 10C-3 I I 4k-- .0-.0& Im IOC-7 The following sections have been excerpted from the Sign Ordinance No. 704-A SEC.14 VARIANCES The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. SEC. 16 PERMITTED SIGN STRUCTURES AND GENERAL REGULATIONS A. ATTACHED SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all attached signs which are allowed under this ordinance. Signs may not be attached to light fixtures, poles, curbs, sidewalks, gutters, streets, utility poles, public buildings, fences, railings, public telephone poles, or trees. The direct painting of signs on buildings shall be prohibited except for signs less than a three (3) square foot area used for building identification. 2. MINIMUM /MAXIMUM LETTER/LOGO HEIGHT: The minimum height allowed for letters or logos shall be six (6) inches. The maximum height allowed for letters or logos shall be based on the following criteria: Distance From R.O.W. * Less than 100 ft. 101 - 150 ft. 151 - 200 ft. 201 - 250 ft. 251 - 300 ft. 301 and greater Maximum Letter/Logo Height 12 inches 18 inches 24 inches 30 inches 36 inches 42 inches * - For any lease space which does not front on a street, the maximum letter/logo height shall be based on the distance from the vehicular driveway access (see Appendix `B' for further clarification). 3. MAXIMUM AREA: 0.75 square feet for every one foot of width of building or lease space not to exceed 400 square feet (see Appendix 'A' for further clarification). 10C-8 4. NUMBER OF SIGNS: Only one attached sign per lease space shall be allowed along each street frontage on any site, unless otherwise specifically provided in this ordinance. A secondary sign may be permitted at a public entrance, provided the entrance is on another side of the building, but shall be limited to twenty-five percent (25%) of the primary or permitted sign size, whichever is more restrictive. The six (6) inch minimum letter/logo height will not apply to these secondary signs. No more than two (2) attached signs shall be allowed per lease space. Attached signs shall be located within the first story of the main exterior entrance for a building or lease space (see Appendix `B' for further clarification). 5. SIGN WIDTH: Attached signs shall be limited in width to the middle seventy five percent (75%) of the width of any building or lease space. In the event the lease space facade is horizontally articulated, the 75% rule shall apply to the allowed sign to be located on any single plane facade (see Appendix 'B' for further clarification). 6. ROOF LINE LIMITATIONS: In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls and the sign may not extend above the parapet wall. Signs shall be no closer vertically to the eave of the roofline or overhang than the predominant letter height (see Appendix `B' for further clarification). Signs may be attached to a continuous plane fascia, if the sign does not extend above or below the projection of the fascia. Signs attached to fascia are only allowed when attached to structural canopy supported to the ground by columns constructed of similar masonry material as the primary structure (See Appendix `B' for further clarification). 7. ILLUMINATION: Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are not allowed. 8. PROTRUSIONS: Attached signs may not protrude farther than eighteen inches (18") from the building, excluding signs attached to canopies. 9. RESIDENTIAL ADJACENCY: Attached signs shall not be allowed on any facade (other than the main front of the building) which faces property zoned for single-family residential uses if the sign is within one hundred fifty feet (150') of the property line of said residential property. 10C-9 City of Southlake, Texas MEMORANDUM December 29, 2000 To: Billy Campbell, City Manager From: Charlie Thomas, City Engineer Subject: Authorize the Mayor to execute a residential developer's agreement for Timarron Clubhouse Estates and East Continental Blvd Bridge Replacement. Action Requested: Authorize the Mayor to execute a residential developer's agreement for Timarron Clubhouse Estates. Background Information: The final plat for Timeworn Clubhouse Estates was approved on September 21, 2000. This is a seven lot addition near the clubhouse. The developer agreement covers the construction of street drainage, water and sanitary sewer in the addition. The agreement also covers the replacement of the small bridge on E. Continental Blvd. just west of Breeze Way. The developer intends to replace that bridge with new pre -cast concrete box culverts. The developer intends to pay for new culverts on Continental Blvd., but is requesting that the 2% administrative processing fee and the 3 % inspection fee be waived. Financial Consideration: City will save over $100,000 on the cost of replacing the bridge on E. Continental Blvd. Citizen Input/ Board Review: Park Board recommends a Park fee of $10,500 for the seven lots. Legal Review: This is the developer's agreement originally prepared by the City Attorney. Alternatives: Approve it, deny it, or modify it. Supporting Documents: Agreement Plat Exhibit Park Memo 1OD-1 Recommendation: Please place on the City Council agenda for January 2, 2001 for Council consideration and approval. CT/ta 1� i Timarron Clubhouse Estates RESIDENTIAL DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of Timarron Clubhouse Estates, hereinafter referred to as the "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the seven (7) lots contained within the Addition and to the off -site improvements necessary to support the Addition. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the Addition completed as rapidly as possible, the City agrees to release 10% of the lots, one 1 , after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. Residential Developer Agreement 1 10D-3 C. The Developer will present to the City either a cash escrow, Letters of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All Letters of Credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, Letters of Credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, Letters of Credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letters of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approved the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. Residential Developer Agreement 2 10D-4 E. Until the performance and payment bonds, Letters of Credit or cash escrow required in Paragraph C have been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that the City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this Agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for re -testing as a result of failed tests; Residential Developer Agreement 3 10D-5 f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as "Builder" will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. Residential Developer Agreement 4 II. FACILITIES A. ON SITE WATER The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the Director of Public Works, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. Residential Developer Agreement 5 10D-7 1. . D. STREETS 1. The street construction in the Addition shall conform to the requirements in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. Streets will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 2. The Developer will be responsible for: a. Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b. Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances. C. Installation of all regulatory signs recommended based upon the Manual of Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at Residential Developer Agreement 6 substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. E. ON SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. F. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must by paid to the City prior to acceptance of the Addition. Residential Developer Agreement 7 1 OD-9 G. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. START OF CONSTRUCTION Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. Residential Developer Agreement 8 1 OD-10 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co- insured, prior to commencement of any work. 6. A pre -construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, SAID INDEMNIFICATION TO REMAIN IN EFFECT UNTIL THE CITY ACCEPTS THE ADDITION. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. Residential Developer Agreement 9 10D-11 C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. Residential Developer Agreement 10 1 OD-12 Na- F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, Letter of Credit, or other security provided by Developer and complete such work at Developer's expense, provided however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151.309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph 11. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax Code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of the Addition, the Developer shall provide to the City three (3) copies of Record Drawings of the Addition, showing the facilities as actually constructed. Residential Developer Agreement 11 1 OD-13 r..- I. Such drawings will be stamped and signed by a registered professional civil engineer. In addition, the Developer shall provide electronic files showing the plan and profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines, and tie in to the state Plane Coordinate System. IV. OTHER ISSUES A. OFF -SITE DRAINAGE The Developer agrees to remove the existing bridge on E. Continental, just west of Breeze Way and replace it with two 8' x 6' pre -cast reinforced concrete box culverts at the Developer's cost. B. OFF -SITE WATER C. PARK FEES The Developer agrees to pay the Park Fee of $1,500 per lot, in accordance with the Subdivision Ordinance No. 483-F, Section 7.0. There are approximately 7 lots in the Addition, which would bring the total cost of Park Fee to $10,500. D. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: Westerra Timarron, L.P. By: Miles Prestemon Title: Vice President Address: 6900 West Virginia Parkway, Suite_206 McKinnev, Texas 75070 Residential Developer Agreement 12 10D-14 STATE OF COUNTY OF On , before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Residential Developer Agreement 13 1 OD-15 (SEAL) REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the Letter of Credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six percent (6%), and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letter of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Residential Developer Agreement 14 1OD-16 City of Southlake, Texas MEMORANDUM December 29, 2000 TO: Charlie Thomas, City Engineer FROM: Kevin Hugman, Director of Community Services SUBJECT: Recommended Park Dedication Requirements — Lots 4-10, Block 1, Timarron- Clubhouse Estates subdivision At their December 11, 2000 meeting, the Parks and Recreation Board considered a recommendation to accept the payment of fees in lieu of parkland dedication as meeting the park dedication requirements for Lots 4-10, Block 1, Timarron-Clubhouse Estates subdivision, a seven (7) dwelling unit residential development. The required land dedication for this development is 0.18 acres or $10,500 in fees in lieu of land dedication. Section 7.05(A)(1) of the City of Southlake Subdivision Ordinance states the following: "The City Council shall, upon recommendation by the Park Board, determine the applicability of a developer's payment of fees in lieu of the land dedication requirements of this section." ■ The Parks and Recreation Board approved a recommendation to the City Council that the park dedication requirements for this development be met through payment of fees in the amount of $10,500 in lieu of parkland dedication. The Parks and Recreation Board at their December 11, 2000 meeting, approved a recommendation (6-0) to accept the payment of fees in lieu of parkland dedication as meeting the park dedication requirements for this development. Please contact me if you have further questions. Please note also that Section 7.07 of the City of Southlake Subdivision Ordinance specifies that the recommended park dedication assessment by the Parks and Recreation Board is subject to the approval of the Planning and Zoning Commission and/or the City Council, and is dependent upon the number of dwelling units (residential) or developed acreage (non-residential). Therefore the above recommendation is subject to change dependent upon further review of a particular development or changes to the proposed development that affect the fee criteria, if any. =/I KH cc: Malcolm Jackson, Chief of Building Services Bruce Payne, Planning Director 1OD-17 if MEMORANDUM December 29, 2000 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Requesting Authorization for the City Manager to Enter into a Joint Professional Services Contract with the City of Westlake, the City of Keller, and Graham Associates, Inc., for the Purpose of Developing Design and Construction Documents for Improvements to FM 1938 Interchange at SH 114, and FM 1938 Roadway Improvements from SH 114 to SH 1709. Action Requested: Requesting Authorization for the City Manager to Enter into a Joint Professional Services Contract with the City of Westlake, the City of Keller, and Graham Associates, Inc., for the Purpose of Developing Design and Construction Documents for Improvements to FM 1938 Interchange at SH 114, and FM 1938 Roadway Improvements from SH 114 to SH 1709. Background Information: On August 15, 2000, Council approved Resolution 00-74 requesting participation by the State of Texas Department of Transportation for improvements to FM 1938 interchange at SH 114, and FM 1938 roadway improvements from SH 114 to SH 1709. The resolution was also adopted by the Cities of Westlake and Keller and by the Metroport Cities Partnership. This is a follow-up to that action by authorizing the City Manager to execute a joint contract with the Cities of Westlake and Keller and with Graham Associates, Inc., to develop the required construction and design documents for submission to TxDOT. Financial Considerations: The total contract amount for engineering services is quoted to be $1,309,238. The City of Southlake's estimated financial contribution is $113,434. It is possible that it will be less depending on additional future contributions from benefiting private land owners (see attached list of contributors and associated amounts). The City has budgeted $150,000 for its contribution to this project in the FY 2000-2001 budget. Citizen Input/ Board Review: Substantial public input was obtained prior to and at the City Council meeting of August 15tn Legal Review: None. Alternatives: None. Supporting Documents: Exhibit "H" Continued — Total Engineering Share (excerpted from contract). Agenda Item 10E Page 1 if Staff Recommendation: Authorize the City Manager to enter into joint professional services contract with the Cities of Westlake and Keller and with Graham Associates. Agenda Item 10E Page 2 Exhibit "H" Continued Total En2ineerin2 Share Owner 1. Town of Westlake 2. City of Southlake 3. City of Keller 4. Roland Arthur — North 5. Roland Arthur — South 6. WB Texas Resort Communities, Inc. 7. FMR Texas 8. Maguire Partners — Solana 9. Sabre 10. General Growth 11. 20% by Others Total 11/7/00 Total $77,603.00 $113,434.00 $49,513.00 $101,739.00 $58,180.00 $128,926.00 $228,700.00 $246,353.00 $44,030.00 $47,022.00 $213,738.00 $1,309,238.00 Agenda Item 10E Page 3 Em VICINITY MAP W O ic SUMMARY Qt RRT - BUFFER YARDS DONE ROAD ESTATES LOCATION/ REQUIRED/ LENGTH BUFFERYARD CANOPY ACCENT SHRUBS FENCE/SCREENING LENGTH OF PROVIDED WIDTH/TYPE TREES TREES HEIGHT & BASE LINE MATERIAL SOUTH REQUIRED 1,388' 10'-B 28" 42 139 PROVIDED 1,388' 10'-B NOTE ANY CREDITS IN CALCULATIONS: 1. OTHER COMMENTS: o. A MINIMUM OF 50% OF ALL CANOPY TREES PLANTED IN THE SOUTH 10'-B BUFFERYARD MUST BE 2" IN CALIPER 1' FROM GROUND LEVEL WHEN PLANTED, AND 50% MUST BE 4" IN CALIPER 1' FROM GROUND LEVEL WHEN PLANTED. LAND USE Stf IEM LE LAND USE.' AIED" DIENS/TY RESOENTLIL TOTAL ACREAGE 9.062 Acros EXIS7M ZOAIING AG PROPOSED 2OMNa SF-20 TOTAL / LOT& 11 TOTAL D*ELUNG L##M 11 GROSS DM'E'LLING UNITS/ACRE 1.214 Units/Acre NET ACREAGE: &592 Acros ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 511, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOT 2, BLOCK 1 OF THE EMERALD ESTATES SOUTH SUBDIVISION, FILED APRIL 27, 1984, RECORDED UNDER PLAT RECORD VOLUME 388-171, PAGE 99, TARRANT COUNTY, TEXAS (P. R. T.C. T.) AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGkWNG AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF THE EMERALD ESTATES SOUTH SUBDIVISION AND BEING SOUTH 59 DEGREES 23 MINUTES 42 SECONDS EAST A DISTANCE OF 133. 11 FEET FROM THE NORTHEAST CORNER OF RIGHT OF WAY FOR DOVE R04D AND NORTH CARROLL AVENUE; THENCE NORTH 00 DEGREES 19 MINUTES 05 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 1, BLOCK 1, OF THE EMERALD ESTATES SOUTH SUBDIVISION A DISTANCE OF 422.08 FEET; THENCE SOUTH 87 DEGREES 47 MINUTES 00 SECONDS EAST A DISTANCE OF 547.29 FEET,• THENCE SOUTH 03 DEGREES 32 MINUTES 00 SECONDS WEST A DISTANCE OF 317.63 FEET,• THENCE SOUTH 88 DEGREES 40 MINUTES 25 SECONDS EAST A DISTANCE OF 880.98 FEET,• ThOCE SOUTH 00 DEGREES 02 MINUTES 50 SECONDS EAST A DISTANCE OF 271.89 FEET TO THE NORTH LINE OF DOVE ROAD, THENCE NORTH 67 DEGREES 05 MINUTES 00 SECONDS WEST ALONG THE NORTH LINE OF DOVE ROAD A DISTANCE OF 32.69 FEET,• THENCE NORTH 69 DEGREES 29 MINUTES 20 SECONDS WEST ALONG THE NORTH LINE OF DOVE ROAD A DISTANCE OF 100.01 FEET,• THENCE NORTH 70 DEGREES 03 MINUTES 40 SECONDS WEST ALONG THE NORTH LINE OF DOVE ROAD A DISTANCE OF 100.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 20 DEGREES 49 MINUTES 59 SECONDS, A RADIUS OF 88742 FEET, A TANGENT LENGTH OF 163.14 FEET, AND A CHORD BEARING NORTH 78 DEGREES 41 MINUTES 14 SECONDS WEST A DISTANCE OF 320.90 FEET, TWICE /N A NORTHWESTERLY DIRECTION ALONG SAID CURVE AND ALONG THE NORTH LINE OF DOVE ROAD A DISTANCE OF 322.67 FEET.• Th&ACE NORTH 89 DEGREES 06 MINUTES 15 SECONDS WEST ALONG THE NORTH LINE OF DOVE ROAD A DISTANCE OF 649.74 TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 24 DEGREES 22 MINUTES 30 SECONDS, A RADIUS OF 555.66 FEET, A TANGENT LENGTH OF 120.01 FEET, AND A CHORD BEARING NORTH 74 DEGREES 54 MINUTES 59 SECONDS WEST A DISTANCE OF 234.61 FEET,• THENCE IN A NORTHWESTERLY DIRECTION ALONG SAID CURVE AND ALONG THE NORTH LINE OF DOVE ROAD A DISTANCE OF 236.39 FEET TO THE POINT OF BEGINNING AND CONTAINING 9.062 ACRES OF LAND, MORE OR LESS. GRAPHIC SCALE 0 60 120 180 240 300 FEET SCALE = 1" = 60' A CONCEPT PLAN OF EMERALD ESTATES SOUTH LOT 6, BLOCK 2 LOT 12, BLOCK 2 1 DECEMBER 2000 � EMERALD ESTATES EMERALD ESTATES 9.062 ACRES 11 LOTS VOL. 388-165, PG. 48, PRTCT ZONED SF1-A VOL. 388-165, PG. 48, PRTCT LOW DENSITY OUT OF THE RESIDENTIAL \` F. THROOP SURVEY, ABSTRACT NO. 511 _ N.E. THOMPSON SURVEY, ABSTRACT NO. 1563 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS .--- - S 87' 47' E - 547.29' EMERLD CIRRCW IN THE 325.63' 1 - ---- DEVELOPER: ALLEGHENY LAND COMPANY �-- � 17480 DALLAS PARKWAY, SUITE 110 20' UTILITY EASEMENT .� DALLAS, TEXAS 75287 (972) 248-8155 � MR. DOUGLAS A. TATUM 90 o % a �, 4 5� kn 36,420.03 SF Q 5 ENGINEER: ADAMS CONSULTING ENGINEERS, INC. '� 30,s88.19 SF k9 z J� 63 2445 E. SOUTHLAKE BLVD., SUITE 100 C) W ^ O 5o_s�TaacK k6. SOUTHLAKE, a G TEXAS 76092 J O O oo `'� P \ 8 vk'i N t�0 ✓ 1 ��� LOCK 1 36.725.63 SF 0� O • 817 329 — 6990 zN COMMON ACCESSv S 5 MR. ROB ADAMS � � N ,� AND DRAINAGE FASEMENT4 . �� A OWNER: FRANK STANLEY SHELBY 1211 E. DOVE STREET 5 SOUTHLAKE, TEXAS 76092 N o ►� r 50 I 8 A 04' 130.02' �, ZONED SF1-A 60' £LEC TIC EASEMENT LOT 2, BLOCK 4 LOT 4, BLOCK 4 LOT 5, BLOCK 4 LOT 6, BLOCK 4 LOT 7, BLOCK 4 TEXAS P WER & LIGHT � P � LOW DENSITY I i I O EMERALD ESTATES EMERALD ESTATES EMERALD ESTATES EMERALD ESTATES EMERALD ESTATES VOL. 53, PG. 1170 20' COMMON A CESS ESMT. W �/- - 7 - _ - � - - S - - - - - - - + - o (� VOL. 388-165, PG. 48, PRTCT RESIDENTIAL VOL. 388- 165, PG. 48, PRTCT VOL. 388- 165, PG. 48, PRTCT VOL. 388-165, PG. 48, PRTCT VOL. 388-165, PG. 48, PRTCT CL LOT 1, BLOCK 4 p EMERALD ESTATES LOT 3, BLOCK 4 VOL. 388-165, PG. 48, PRTCT EMERALD ESTATES LOTS 3 & 7 1 I VOL. 388-165, PG. 48, PRTCT BLOC 1 TEL--- ZONED O-1 WILL FRONT ON I E � I MEDIUM DENSITY � 2 � I � EAST DOVE sr. �i i 130 � � � I 7.5' UTILITY EASEMENT S 88' 40' " RESIDENTIAL ,; W I a - TYPE a-1o' o 25 E - 880, 98 50' DRAINAGE & UTILITY EASEMENT 30 000 35 SF �i TYPE B- f0"—�-� I. I n r BUFFER YARD N ° h BUFFER YARD � I ^ I I to 236.45 6., Y % O � .} 16.52 236.45' �— T 2 Q I 3 I I N o 3 of fi 30,077.08 SF a I 8 0� EMERALD ESTATES SOUTH LO PROPOSED 15' DRAINAGE & UTILI— 2_ f82.53 0 2 I I U ►� I W o Q 9.062 Acre EASEMENT —__ \ P. 0. S. I 30•001. 4 S I I O Q °DI �� Q I 33.234.32 SF °� I VOL. 388-171, PG. 99, PRTCT I I BLOCK 1 �— • 'TYPE B-10' o ^I �1 °ROPOSED (STING ZONING - A(4 I 9 /I BUFFER YARD I W h \ I LOTS 3 & 7 ZONING = 20 33.330.76 SF I I 10 0 11 ` WILL FRONT T. I MEDIUM DENSITY ~ i 's, I _J'5 S-'184CK_ J I 150" i I EAST DOVE ST. RESIDENTIAL PROPOSEDE EASEMENT 33,437.s4 SF o, 36.461.72 SF vW I o I PROPOSED f 0 W ��, (� is&S`ygCE I I --------- --------------I I UTILITY EASEMENT II -K� I q 2W ES' --35 SETBACK--------I--L_--------- �� \ _ `�T I PROPOSED 5' SIDEWALK TYPE B-) R - _ _ - _ _ _ _ o z �6 J BUFFER YARD — I _ _ _117 16,_ _ - - -- _ — —D�- — - - 15_ DRAINAGE ESMT.- — — — — — — — — — _ - , o U I �' O ----------------- — — - W 12 "S --131.05'------- --- 0.02"------ ---------------- I o -14 - - - --236.42-- - - 95.63' - 0 2 43,560.00 SF N_ 89' Q6—._�,L"JN — �49 4' �, ---- 41.5 ____ = R 1 _ _ -- -- - 0 = RZ� 24 22 30 \ r PROPOSED 6' PEDESTRIAN- - - pill T = l ZO.O l &SIDEWALK ESMT. - _ -_ - - - -- - - - - -- L = 236.39' PROPOSED 6' PEDESTRIAN OLD R.O. W.LINE-1- H = N 74' 4' W - 4 1' & SIDEWALK ESMT. C 5 59 23 .6 0 = 2004959 " PROPOSED 6' PEDESTRUN R 887.42 & SIDEWALK ESMT. -.\ 1-000,,\ \ \ \\ = . ; N 70' 03' 40" W — 1 0}: \ \\ T = 163. 14 �? ZONED AG LOW DENSITY RESIDENTIAL ZONED AG LOW DENSITY RESIDENTIAL ZONED AG LOW DENSITY RESIDENTIAL L = 322.67' CH = N 78' 41 ' 14 " W — 320.90' WALTER C. SCHERTZ DANNY L. RODGERS FRANK STANLEY SHELBY J.J. THWEATT VOL. 3470, PG. 197 VOL. 6102, PG. 234 VOL. 4779, PG. 54 VOL. 4968, PG. 933 ZONED AG LOW DENSITY RESIDENTIAL CHARLES L. BURG VOL. 3369, PG. 34 ZONED AG LOW DENSITY RESIDENTIAL N 69' 29' 20" W — 17J6:Q_ N 67 05' 00" W — 32.69 E. T. HIGGINS LOT 1, BLOCK 1, HIGGINS ADDITION VOL. 1549, PG. 446 ZONED SF1-A LOW DENSITY RESIDENTIAL MAR/0 & ANGLE MOLINA •� ZONED AG N LOW DENSITY RESIDENTIAL N I LOMAR/O & ANGLE MOL/NA N ZONED AG MEDIUM DENSITY p RESIDENTIAL WOD DEC 2 0 2000 QUE NO• I a LAJ g g v L'i V V z 0 F 0Lj U 0 U 0 U 0 U (t lu Q O O a • d z CU cdco WCC W W ZZ~^ cqZ -mco zWLr J � w uj LL zIII a � W �o.� �°Ccri Z W = ao O •0 L) Jtoa U)>Ld R1 °gg� 0L O o � t-o c°zt fall Y � r _ 5 Ti°81. C2? L�ggc E 2-9 e� ° � s r'o�ti 2I go0,42 W-2.e k it- UY'W °Y o E C ciGil oM5 R-Z rg"S •� io C s o Y .f jobs t; r Q w rOl Q � a W � � V W � Q THIS DOCUMENT IS RELEASED FOR W PURPOSE Of STER/M REVIEW AND COMMENT UNDER TIC AUTHORITY OF G. ROBERT ADAMS, P.E. REZnUTOV Na 86184, ON 12119/00 PC DOCUMENT /S NOT TO BE USED FOR CONSTRUCTION BIDDING OR PERMITTING PURPOSES. PROJECT MGR. G. R.A PROJECT TECH. G. R.A. CHECKED BY JOB NO. 2000.061 SHEET NO. rw—q,+ ad--A m f 0 f yiT fi►� r0 SCr e OF CT zfi�F' aR[ ifi G� t �G srgpyH; � s 't(y s m � s �b g SOUTNL�JCE YLW MyronV, O , be. f c: uv0AUp ik r' J."p, s' PnHCJAU t ou BE�:�ca' ' � �3 VMWV HXCL 36°A6 [T wAY �` { apt ffr5' T� Y� o LOCATION MAP NOVEA(BER 2000 JOB NUMBER 0331-001 CASE ZAOO-120 oil 10 IFAAlli q 9#4711 1 V41LI jr Ir - ___ If HIGH jp IN THE O O CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS 0 WNER: DEVELOPER: PAGE DESCRIPTION R- 1. COVER.: SHE' ROSS OWEN K.M. P 2, PRELIMINARY PLAT ROPERTIES, INC. 3. PRELIMINARY WATER & SEWER PLAN 480 SHADY OAKS DRIVE 230 PARK BLVD. # 101 4. PRELIMINARY DRAINAGE STUDY SOUTHLAKE, TEXAS 76092 GRAPEVINE, TX 76051 y (972) 365-0265 FAX: (972) (972) 329-3111 FAX: (972) 438-4090 329-3854 CONTACT: KOSSE MA YKUS IV ENGINEER: WASHINCTON & ASSOCIATES ENGINEERS — PLANNERS 500 GRAPEVINE HWY. SUITE 375 HURST, TEXAS 76054 (817) 485-0707 METRO 498-3077 CONTACT: JACKEY FL UITT FfM N 2 8���� 'n4 NOTES: 1) Bearings ore based on the deed call bearing of S 00"2258" E, along the most southerly east line as referenced in Volume 7528, Page 603, D.R.T.C.T. 2) Underground utilities are not located. 3) By graphic scale, no part of the subjec' property appears to lie within a 100 year flood plain or in on identified "ftcod prone area", according to the Flood Insurance Rate Map for the City of Southloke, Panel 5 of 20, Community Panel No. 480612 0005 B, doted July 5, 1982. 4) The ten foot water line easement described in Volume 4217, Page 157, D.R.T.C.T., is not located on the subject tract. 1106, D. R. T, C. T 5) No bufferyards are required. 6) As indicated on the plan, a 10' access easement has been shown with two options. The developer has committed to construct a 4' wide sidewalk in one of the easements contingent upon dedicotio'1 of a 10' access easement on Southridge Lakes Addition. Oil �f mom 19 a mami ffln • . 64IF b .� ja 1 q� f ITV 9�pt� LOT 87 LOT 86 _ - - - J LOT 85 1 LOT 84 SOU n RIDGE LAKES / PHASE V, SECTION 2 CAB. CAB. SURE 1160 CAB, SLIDE 1401 1 LOT 75R LOT 76R LOT 77P . R. T C T LOT 79R 4 LOt 78R Z ED: SF20A ( L.U.0.=AIEDIUM DENSITY Lot 74 RESIDENTIAL \ � 4 N 88"1 '51 " E 806. 2' , — Jo, — �. -BLOCK O1 .: • . 5 4 3 LOT 73� 26 7 e ow It,783 S F. 21,780 S.F. = 21,780 SOUTHRIDGE CAKES i 7 PHASE IV, SECVON 2 \--- =— - --- — - LOT 83R LOT 82R LOT 81R LOT 80R , `1 i i -----420, -- -� I SOW& MASONRY CRft-M �2 3 1 a� N F. a 21,780 S.F. 23,674 S.F. Z N 44.43'04' E _ CAB. A, SLIDE `,1002 1ca'''�� --Iqx �c 35' s.L � J LOT 72 P.R.T.C.T. 7 ZONED: SF20A 4 23,301 S.F.' L.U.D.=MEDIUM DENSITY �' s �3To2' w 776Qj" _ 5 89'JT02--N s4,T41' _ RESIDENTIAL _ g - - — N T— A 87.93' 114, 78' 137 68' 151.41 ' 1 I L01 71 T� 4' O E WEWX S J5' O L — — -- 35 8L. - - - e 10' ACCESS EsAI i TRACT 1 ROBERT MOONEY, etux VOL. 10320, PG. 806 D.R.T.C.T. ZONED: AG L.U.D.=MEDIUM DENSITY RESIDENTIAL ----- t0' U.E. LOT i t MARK OWEN PRESTJOHN VOL. 7809, PG. 489 D.R.T.C.T. ZONED: SF1A L.U.D.=LOW DENSITY RESIDENTIAL S 00"10'54 " E 115.04' S 8904933" E 13.85' LANDSCAPE EASEMENT TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION OR THE ADJACENT PROPERTY OWNER (�;.-Ek FH LOVE HENRY COURT .f. W 21 V 'Q: LOT 10 • 23,119 S.F. $ 22,197 S.F. ' 2�b37 S.F 29,474 S.F. MiCHAEL N. & PHYLLIS BENTON 27,3:,S.F. $ - � � W , W 50.90 , VOL. 7809, PG. 489 v - zz, LOT 66 7.5' D.U.E. . 4 m o NEED: .T •n m � in ZONED: SF1A LOT 70 1 ��� L.0 D.=IOW DENSITY T - -nrt 1 .' ot` =- --1 - °o RESIDENTIAL �. -----�OE97 — ---- 42447' - t ---.416'A' 274: 00 BL i n �,- i•9 �` -----._�„ SOW BR" 50' 0Ia41NA6E & LANDSCAPE EASEMENT TO BE MAINTAINED BY THE HOMEOWNERS ` 27,893 S.F. g ASSOCIATION OR THE ADJACENT PROPERTY OWNER 12 22,119 S.6 21,784 S.F. _ 25244' L01 87 LOT 69 70 33,Og S F � Y © - ' UU.E TE S9XVALA \ 18 WR. O. W. DEDICATION 35 68 �:.- e� 51.79' - --64 61' I $ 28,884 S F.94 - — 8 W ' 873702' w a h 1R4L7 x '14 S.F E�83 - 1_13.26 89.6r' .4' CONC1�7f i• ,z_-_ AWCUS WAYLAND - •1 fii $ �! y VKLK 21,V0\ 485P393 � �. D•R.T.0 T. T. >sss ^5 L D D. R£ DENSITY AL V89'3��"02" A 1 a GRAMU DRW 173.59 n.UL 15 v 17 \` a 16 m a 47,280 S.F. N LOT 58 LOT 57 30,108 S.F. 30,000 S.F N, y 50.�' TRACT 28 Z _ LOT 56 0 0 BLOCK 1 w. RAI^ EVANS VOL 4543 PG 782 —^� — 14.3 0.R.1�.C.T. o --- -- — �• ----- --- -- ----7TTA1'-- ZONED:` AC c.; ,�� - —` — -- — -- s4e06" 5060' — --- -- -.--_ —_ - L.u.D.=MEDruM DENSITY R06ERT R. OWEN RESIDENTIAL B2ANC0 CIRCLE "FTu 9ARN 1 VOL. 11484, PG 1692 0.R.T.C.T. LOT 55 ZONED: SFl-A ` L.U.D.=LOW DENSITY SOUTHRIOGE LAKES - PHASE it ` O I rros�s+aW; - - - i, 6yF RESIDENTIAL T CAB. A SLIDES 466 & 467 �� o I -- . W. RALPH EVANS, ET UX UNDA P.R.T.C.T j 7.. LOT 22 �y;riC h - EVANS ZONED: SF20A �\ `"� wcu 7 � ONE ; : I VOL. 4040, PG. 79 L.U.D. =MEDIUM DENSITY �� 1 D. R. T. C. T. ri h�SE nri0 >TX, RESIDENTIAL LOT 54 i =� %` �="eAh I ZONED: AG L.U.D.=MEDIUM DENSITY / RESIDENTIAL LOT 53 BLOCK 1 \ \� y / T" �� — 1 5' 0_ k U.E. \ C'QaY; 15' U.E. i WAU - -_ _.---- — .-- ---- ---- - J0 -- --- --- -------wg+-e-- S W51'20"� W 575.25' Ex FIRST NATIONAL BANK GRAPEVINE, TEXAS VOL. 9571, PG. 2181 D.R T.C.T. ZONED: AG L.U.D.=LOW DENSITY RESIDENTIAL TRACT i ROY J. STACY AND WIFE, MERRILL 0. STACY VOt. 4072, PG. 265 D.R. T.C. T ZONED: AG L.U.D.=LOW DENSITY RESIDENTIAL NO DELTA RADIUS TANGENT LENGTH CHORD BEARING CHORD C- I 13'0124 " 500.00' 57.07' 113.65' S 06'53'40' E 113, 40' C-2 13'01 24' 500.00' 57.07' 1 Q.65' S 06'53'40" E 113.40' C-3 21'38'08' 300.00' 57.32' 113.28' S 784758' W 112.61' C-4 15'1633' 300.00' 40.23' 79.98' S 75*37'11' W 79.75' NO BEARING DISTANCE L-1 S 00'22'58' E 25.00' L-2 S 00'2258' E 25.00' L-3 N 06'44'33' W 25.00' Land Use Schedule Land Zoning # of # of Gross Density Net Use Lots Units (D.U./ACRE) Acreage Single Family SF-20—A 22 22 2.77 17.950 Residential & SF-30—A TRACT xr W. RALPH EVANS AND WIFE, LiNDA S. EVANS VOL. 7176, PG. 785 D.R.T.C.T ZONED. AG L. U. D. = MEDIUM DENSITY RESIDENTIAL LEGAL DESCRIPTION BEING all that certain tract, parcel, or lot of land located in the L. G. HALL SURVEY, Abstract No. 686, Tarrant County, Texas, and being the tract of land described as a 17.953 acre tract in Volume 9563, Page 548, of the Deed Records, Tarrant County, Texas (D.R.T.C.T.), and being a portion of the tract of land described in Volume 7528, Page 603, D.R.T.C.T., and more particularly described as follows: BEGINNING at an iron rod found, with a plastic cop stamped "SEMPCO INC.*, for the southwest corner of said I Z953 acres tract and the southeast corner of Lot 54, Block 1, of SOUTHRiDGE LAKES — PHASE 11, according to the plot thereof recorded in Cabinet A, Slides 466 and 467, of the Plot Records, Tarrant County, Texas (P.R.T.C.T), THENCE N 03 degrees 40 seconds 31 " W, 400.31 feet to an iron rod found, with a plastic cop stamped "SEMPCO INC." for the northeast corner of Lot 56, of said Block 1; THENCE S 89 degrees 37 seconds 02' W, 173.59 feet to a 112' iron rod found in the north line of said Block 1; THENCE N 04 degrees 22 seconds 33 minutes W, 681.16 feet generally along a line one foot west of a wire fence to a 112" iron rod for the northwest comer of the aforesaid 17.953 acres tract; THENCE N 88 degrees 17 seconds 51 minutes E, 806.02 feet to a 112" iron rod found, for the northeast comer of said 17.953 acres tract, at the base of a fence comer post, THENCE S 00 degrees 10 seconds 54 minutes E, 115.04 feet generally along a wood fence to a 112" iron rod found; THENCE S 89 degrees 49 seconds 33 minutes E, 13.85 feet to a 1/2" iron rod found; THENCE S 00 degrees 22 seconds 58 minutes E, 984.93 feet to a 1/2" iron rod found for the southeast comer of the aforesaid tract of land described in Volume 7528, Page 603, D.R.T.C.T•; THENCE S 89 degrees 51 seconds 20 minutes W, at 13.80 feet passing an old buggy axle, and continuing in all 575.25 feet along the south line of said tract of land described in Volume 7528, Page 603, D.R.T.C.T., to the POINT OF BEGINNING, containing 17.950 acres (781,907 square feet) of land, more or less. PRELIMINARY PLAT FOR HIGH POINT LOTS 1-22, BLOCK 1 A 17.950 ACRE TRACT OF LAND IN THE L. G. HALL SURVEY, A-686 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS OWNER: ROSS OWEN 480 SHADY OAKS DRIVE SOUTHLAKE, TEXAS 76092 (972) 365— 0265 FAX: (972) 438-4090 DEVELOPER: K.M. PROPERTIES, INC. 230 PARK BLVD. #101 GRAPEVINE, TX 76051 (972) 329-3111 FAX: (972) 329-3854 CONTACT: KOSSE MAYKUS ENGINEER: WASHINGTON & ASSOCIATES ENGINEERS — PLANNERS 500 GRAPEVINE HWY. SUITE 375 HURST, TEXAS 76054 (817) 485-0707 METRO 498-3077 FAX: (817) 485-4106 CONTACT: JACKEY FLUITT JOB NUMBER 0331-001 FILE NAME: PrePlat.DWG �UpD (2000 NOVEMBER 2000 CASE ZAOO-120 SHEET 2 s�t.:t3?a 7-_., .._.,:'...+...ar.,,r.^TM."'.=r`f'•'+.`."zrx.'F'E •:•... - ^.r.T _ .....�..r.. •n- - __....__ _ _. - e -. _ _ _ :w�r^^.^g'.^'. i y 80URILAKE ST MP `" ANDARD NOTES -WATER IMPROVEMENTS 1. AN construction she7p be in strict accordance with the standards of the City of Southlake and gowned by the North Central Texas Council of Government's Standard Specifications for Public Works Construction 2. Texas Degaartrment of Highways and Public Transportation approval must be obtained prior to construction in state highway right-of-way J a Street cut permit (issued by Public Works Department) is required before cutting any city street N 4. All water meters shall be sized and installed by City personnef 5. Fire hydrants shall be located outside of sidewalk # walk intended 6. The location of underground fkAftiee indicated on the dons Is taken #om nuhlir rwwr(Q it Ie um. LOT 75R LOT 76R LOT 77R LOT 79R LOT 81R ;` respOns"Ity to make arrangements with the ownerx of such underground fociffies prior t0 waking i7 the area to confirm their exact location and to determine whether anoddltional fod7ties other than those shown on the plans maybe present the 3 PH V, SECTION 2 LOT I CAB. A. SLIDE 1160 //< contractor shaft preserve and protect all underground facilities Lot 78R SO THRIDGE LAKES LOT MR MARK DUEN PRESTJOHN y i CAB. A, SLIDE 1401 VOL. 7809, PG. 489 OM FACILITY OWNER TELEPHONE NUMBER P.R. T.C. T , D. R. T C. T. City of Southlake (817) 481-5581 ext 831 ZONED: SF1A 0 30 80 120 180 General Tel r ED: SF20A L.U.D.=LOW DENSITY RESIDENTIAL hipbone Co. (972) 413-7418 L.U.D.=MEDI M DENSITY RESIDENTIAL � Lone Star Gas Co. (214) 741-3750 N 8 17'51 " E 806.02 t8 ' Marcus Cable►ow (800) 477-0887 SCALE IN FEET TRt County Electra (817) 431-1541 „ r 1 . --- - - - - --- , - - --- - -- - - - -- - �. TV Electric r -- -- ---- ----- _____ -' - l s as(817&5j 22' ars(Lie es (80) 344-8377 -- -- i - T - - --` -- - - - -� SOLID e"ASOWY 7, MAere existing utilities or service lines are cut broken or domogea,the Contractor shall replace or repay the utilities or ' BLOCK U1 scRft-WX rovcc S 00.1054 " E service lines with the some type of original material and construction, or better, unless otherwise shown or noted on the plans of his own cost and expense. The Contractor shall immediately notify the Engineer at once of any conflicts in grades and 115.04' alignment. 8. All exca►utiom% trenching and shoring operations shall comply with the requirements of the U. S. Department of Labor, l 6 4 3 2 1 a OSHA, •Const. Safety and Health Regulatkns.', Vol. 29, Subpart P. pg. 128 - 137, and any anendrnents thereto 5 • 9. Adequate measures shag be taken to prevent erosion. in the event that sig Wxwt erosion occurs as a result of LOT 73 x S 89 4933" E construction the Contractor shall restore the eroded area to original condition 1 ALL• 10. The Contractor shall restore all seas disturbed by construction to WOW condition or better. Restored arean include, 13.85 but are not limited to trench bockfil, side slopes, fences, culvert p dreirmp ditches, driveways, private yards and roadways 1-22 2 1 BEND shall i Z 1t. All water limes be PVC pipe conforming to AWWA standard C-9t10 SOR-18 minrnum, with SF sea, pressure tested 1-6• VALVE and disinfected in accordance with NCTCOG STD. SPECS t + Wa er mains to hove o minimum of 42• cover to top of pipes Service line connectors shall be compression- 1-Fl F2-8'� uU�OSCAPE EASEMENT TO BE MAINTAINED BY ThEtype with stainless steel tube liners I TEE r HOMEOWNERS ASSOClA110N OR THE ADJACENT 12. All water lines to be encased in sa►d. Backfall shall be select material compacted to 95Z standard proctor density SOUTHRIDCE LAKESN 44'43'ar• E PHASE IV, SECTION 2 l 21.25' ---- -- �-3PROPERTY OWNER 13. Service locator to be st amped on curb with 2 hJgh letter 'W'14• All services to meter to be 1' SDR-9 doss 250 pdybutylene unless otherwise noted NARY SEN" 15. Utility Contractor to ibn►ish and install water meter boxes after the contract has beenCAB. A, SL10E 100' j - -- - --- -- _-- -- - P9 ca+npltted Ail meter- P.DENST. ` 16. Curb stops should be tested for leak and full flow when system is ZONED: SF20A + SERVICE �v -EX. FH boxes shall be Type 015AM�R-21LL or approved equal. 17 All Are h-4-t assembl' t be LOT 72 L.U.D.=MEDIUM DENSITY RE$1DENTlAL I J i () aril � y5 pressure tested LOT 67 M 1 s. _ N!S o equipped with a 6 gate volvie and box. AN valves and fire hydrants to be per City - -- - -- - - - - - ---- - soI& Any eci catianwater t locatebe d d within lied with a pavement areas shall od' seed of � Hydrants to be } factory Pam'+ y ydr painted by the City. lu grade by the paving Contractor. The paving Contractor shall construct a typkd concrete block out per detail on sheet 19. Fier - - - - - - - - - LOVE HENRY COURT hydrantsshot/ be equipped with 4-t/2' x 5' Stan hex connection with butterfly canes. � __ _ - ---- - --------.� DUST 20- Any changes from approved construction plans shall be approved by the Water Utility Department and a change order �' �' SSMH must be obtained lrtxn the design engineer. Any derivations from the state regulations shill be approved by the Director of / \ / WATER D- Public Works. / COW. 4' DLt SERVICE . ONST. 4' OLA � HOLE � INSTALL SOUTHLAKE STANDARD NOTES - SANITARY SEWER LOT 71 AMNHOL.E MP") MACE ' 8 : 8'x 8' TAPPING k' eiL. - - - - - -- -- - - SLEEVE & VALVE 1. All construction shall be in strict accordance with the standards of the City of Southlake and Governed by the North Central Texas Council of Government's Standard Specifications for Public"RIC Woks Construction 2. Texas Department of Highways and Public Transportation approval must be obtained prior to construction in state p I 8 9 ' 20 N highway right-of-way 21 Z = LOT ro J. Street cut permit ('issued by Public Works Department) is rewired before cutting any city street 4. The location of underground fatalities indicated on the plans is taken from public records. it al the Contractor's r MICHAEL N. & responsaihiity to make arrangements with the owners of such underground facilities prior to working in the area to confirm their CA . PHYLLIS BENTON exact location and to determine whether any adetftiond faalities other than those shown on the plans may be present The VOL. 7809, PG. 489 Contractor shall preserve and protect all underground facilities D.R. T. C. T. ZONED: SF1A UNDERGROUND FACILITY OWNER TMZEPHCN£ NUMBER 10 , LU.O =LOW DENSITY RESIDENTIAL City of Southleke (817) 481-5581 ext 831 W 1 1 w zi 7.5' D.0F._Cq �jr~ a it a ,a � GeneralTelephone Co. (972) 413-7418 Lone Star Gas Co. (214) 741-3750 LOT 70 '-' ^ l , t Marcus Cablevision (800) 477-0687 a? - -- - --- -- -- t- - - 1 - - -TW02 - -` - - ,� �. -- - TR County Electric (817) 431-1541 TU Electric (817) 858- 564 _ -- - 9x-- - - -- - - - ---us.2z -- --- - - its -- - - �1 1` - -- �: D TESS (Line Locates) (800) 344-8377 8s 3ro2' f 17s.eD' 50' DRAINAGE & LANDSCAPE EASEMENT r I \ � ' 4, � , �=- � . �9 -- 5. Where existing utNities or service lines are cut, broken or the Contractor shall TO BE MAINTAINED BY THE HOMEOWNERS 9e4 replace or repair the utilities or K service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans \ J Saw BWA & ASSOCIAT]ON OR THE ADJACENT PROPERTY at his own cost and expense. The Contractor shall immediately notify the Engineer at once of any conflicts in grades and OWNER alignment �Q Ar 6. All excavations, trenching and shoring operations shall comply with the requirements of the U.S. Department of Labor; \ `n OSHA, 'Cant. Safety and Health Regulations_:, Vol. 29, Subpart P. pg 128 - 137, and any amendments thereto 12 -Z \ n2 7 Adequate measures shall be taken to prevent erosion. In the event that significant eroson occurs as a result of construction the Contractor shall restore the eroded area to original condition 8. The Contractor shall restore all areas disturbed by construction to original condition or better. Restored areas include, ro ' \ but are not limited to trench bodkin, side slopes, fences, culvert pipes, drainage ditches, &ivenway% private yards and roadways 1-45' BEND n 252 w' 1 9. Sant sewer lines shaft be SOR 35, PVC join p pressure rated pipe shall be instilled under ail w y' cry pipe. One t of 150 psi VE LOT 69 -10' U.E.iPr shall be bedded doss Il, or better, material as defacer in ASlAt 0-2321, and placed as directed therein. Bockfll ater poe crossings \� -- '! v INSTALL shall be select material compacted to 95% standard proctor density - -- - I 1-8 z8 x8' TEE w 11. After completion of all testing (i.e. mandrel & air) Contractor shall perform a Television inspection and provide a video 2-8 VALVES tape to the Public Works Department Deflection testing shall be performed as specified in special conditions �- 1-45' BEND 18 R.O. W. DEDICATION 12. A 2' wetter •S' snap be stamped % services 35 8.� j 13. Ail sewer manholes shall be 4 f in accordance with standard City of Sowthlako mark the location of the e details \ 1-22 11 'BEND - 14. Contractor to place a 3 4 s di.� ------ - -- TRACT 2C work • Nys'and false bottom in op sanitary sewer manholes before paving Contractor commences �. 14 0/ ,,,6• �� la Rin elevations of the proposed sanitary sewer manholes in streets are to be constructed 18' below find finished grades MARCUS WAYLAND by utility contractor and adiusted by paving Contractor to finished grade at time of paving. Each shall hove a typical _ concrete block -out constructed per detail on sht . -- VOL. 4852, PG. 393 16. All trenches shall be compaction tested at the rate of one test per 300 LF of trench per lift. Lifts shall be no greater than 12• loose- Tests shop be staggered pc y previous lift, if the distance *' \,D. R. T. C. T. oggered so that tests of adjacent lifts are not directly over the --_ L�NED. AG between manholes exceeds 300 LF., o minimum of 2 tests per lift shall be taken. The testing tab shall provide the location of 3975' +6-3i' elf results on a plan and profile sheet prior to trench acceptance. The paving contractor shaft not begin work unto all trends ! s 35' 8.L e'�'' yy�� CONST. 4' OR � L. U.D.=0EVIUM DENSITY work has been approved by the City of Southldce. 1719 / E RESIDENTIAL S 89.37'0' EX. GRAVEL DRIVE PRELIMINARY -~ WATER & SANITARY SEWER PLAN 17 173.59' ` 5' D.UF. CANST. 4' Dfa iNsrAtl: 8'x 8• TAPPING }-� tE 15 a 16 SLEEVE &VALVE FOR ' �` LOT -137 \, \ HIGH POINT TRACT 28 L07 56 � � ~�� W W 4 BLOCK Qt W. NA,LPH EVANS A VOL. 454 , PG. 782 17.950 ACRE TRACT OF LAND D.R. ,C. T. - ,��' - - --- - --- - - - - 7a7.ur-- - - -- ZONED ,\ AG HE °cz) S8942'32'f 5e9.so` L.U.D.=MEDIUM` DENSITY L. G. HALL SURVEY, A-686 �- _ - • ---- -- RESIDENTIAL CITY OF SOUTHLAKE - : ROBERT R. OWEN a rn MFTA.L t3ARPi VOL. 11484, PG 1692 BLANCO CIRCLE ` D.R.T.C.T - - ZONED SF1-A SOUTHRIDGE LAKES - PH) CAB A, SLIDES 466 & P. R. T C. T. ZONED: SF20A L.U.D.=MEDIUM DENSITY RESI L.U.D.=LOW DEN54TY RESIDENTIAL LOT 56 -\4 METAL iv -- i l LOT 22t_. t; •� 1F' u. \HOUSE sto�i 3 LOT sr \ i `:•. i / ! BLOCK 1 15' D. & U.E 15' U.E. ,\ f - _ GRAVEL ORIVE P. 0 B 575.25 - S 89.51 '20 " A 575.25' ,/ EX. FH TARRANT COUNTY, TEXAS rRacT 2A ER: DEVELOPER: ROSSNOWEN K.M. PROPERTIES, INC. W. RALPH EVANS, ET VX LINDA 480 SHADY OAKS DRIVE 230 PARK BLVD. # 101 EVANS79 SOUTHLAKE, TEXAS 76092 GRAPEVINE, TX 76051 (972) 365-0265 FAX: (972) (972) 329-3111 FAX: (972) D. VOL. 4040, PG. 329-3854 438-4090 R. T. C. T. ZONED.- AG CONTACT: KOSSE W ` L.U.D.-MEDIUM DENSITY ENGINEER: RESIDENTIAL WASHINGTON & ASSOCIATES ENGINEERS - PLANNERS 500 GRAPEVINE HWY. SUITE 375 HURST, TEXAS 76054 (817) 485-0707 METRO 498-3077 FAX: (817) 485-4106 JOB NUMBER 0331-001 FILE NAME: Pre-WS-0020009.DWG NOVEMBER 2000 CASE ZAOO-120 ... ...,: ,'..'.: '. -. a t.. .. x. .._ ... -. - s. ... ..njn_. ;• F - .. .. :• .• .. a �., } , :.: :. ,. .d.-. '«,�r .r ,>,, ... '.. �iya. "i." �': , f y u LOT 66 LOT 67 LOT 77R LOT 81R i LOT 75P L0I76R LOT 79R S THRIDGE LAKES LOT 8OR � LOT 78R P E V, SECTION 2 ' CAB A, SLIDE 1160 CAI A, SLIDE 1401 P.R:T C.T �50 LOT 74 ' NED: SF20A ` L. U. D. =MEDI M DENSITY RESIDENT to N 8 17151 " E 46.02' 7Trc A BLOCK 1 Ij t 1.91 3.00 ` I 6 5 4 3 2 , LOT 73 l f SOUTHR/OGE LAKES PHASE IV, SECTON 2 - -- - J- --- CAE. A SLIDE 1002 - -- - - SYSTEM � P.R. T.C.T. A ZONED: SF204 - • " IO'INLET LOT 72 L. U.D. =MEDIUM DENSITY RESIDENTIAL ' 71 -- - 2 --- -- - 3 21 " RCP - -` - - 10'lNLET r7 68 i LOT 71 p 4r o 8 9 t 2 I 0.87 1 = � y / B I / 4 O H ` 1.63 101.42 LOT 70 -�- 1 --- -- 1 S BLOCK 1 _ 12 rE 1 ` r LOT 69 �95' ` _ y 1 1 4 I 141 -- - --- - -- --- 5 --- ---- - - -- _ -1- ' SYSTEM S 89'37'02" W 173.59' 400* rF I o iar s8 �•�� 3.01 L0 LOT 57 .. ` � r� �� I LOT 56 , \. BLOCK W METAL. BARN BLANCO CIRCLE I �� rG LOT ss J30 o` SOUTHRIDGE LAKES - PHASE Il Sao CAB, A, SLIDES 466 & 467 P.R.T.C T. -. LOT 8 wNE 1 ZONED: SF20A ' `" N' GRiV L.U.D.=MEDIUM DENSITY RESIDENTIAL \ { r LOT 71 p 4r o 8 9 t 2 I 0.87 1 = � y / B I / 4 O H ` 1.63 101.42 LOT 70 -�- 1 --- -- 1 S BLOCK 1 _ 12 rE 1 ` r LOT 69 �95' ` _ y 1 1 4 I 141 -- - --- - -- --- 5 --- ---- - - -- _ -1- ' SYSTEM S 89'37'02" W 173.59' 400* rF I o iar s8 �•�� 3.01 L0 LOT 57 .. ` � r� �� I LOT 56 , \. BLOCK W METAL. BARN BLANCO CIRCLE I �� rG LOT ss J30 o` SOUTHRIDGE LAKES - PHASE Il Sao CAB, A, SLIDES 466 & 467 P.R.T.C T. -. LOT 8 wNE 1 ZONED: SF20A ' `" N' GRiV L.U.D.=MEDIUM DENSITY RESIDENTIAL \ { r CON ' r jWELL I ! LOT 54 BLOCK 1 \ \.� �` ., y� ( NC. --- - LOT 53 15' .E. \ 15' U. \ _ t VVA"'�c - e` �r "i rt: tt , ZE- .�■ S 89"51 '20" W 575.25' ti 0 30 60 120 1eo t, ( SCALE 1N FEET 1. w s. 22' S 00010'54 " E 115.04' S 89049'33" E 13.85' LOT 1 SLY MARK OWEN PRESTJOHN VOL. 7809, PG. 489 D. R. T C. T. 6 ZONED. SF1A 'I, L.U.D =LOW DENSITY RESIDENTIAL 18 P 27'RCP LOVE HENRY COURT JUNCTION BOX q Q EX. 14TCH p - LOT 10 A MICHAEL N. t PHYLLIS BENTON VOL 7809, PG. 489 D.R.T.CT. ZONED: SF1A L.U.D.=LOW DENSITY RESIDENTIAL W �r !c� E� 4 .4 F YliST o 10' U.E. TRACT 2C MARCUS WAYLAND VOL. 4852, PG. 393 D.R.T.C.T. ZONED: AG L.U.D. =MEDIUM DENSITY RESIDENTIAL EX. GRAVEL DRIVE TRACT 26 W, RALPH EVANS VOL ."�543, PG. 782 Lt. R.T.C. T. ZONE} AG L. U D. =MEDIUM DENSITY RESIDENTIAL TRACT 2A W RALPH EVANS, ET UX LINDA EVANS VOL. 4040, PG 79 0.R.T.C.T. ZONED: AG LU.D.=MEDIUM DENSITY RESIDENTIAL jw4 A ;f E 40 l Ole 51 4 ITe a 300 ,/ }� 0.8v t F a k 17 E 301 ti 3 30 S n � i I <t ' ".� OFF -SITE DRAINAGE AREA MAP SCALE 1' = 400' AREA ACRES C C*A 15 I100 Q5 Q 100 COMMENTS A 3.00 0.50 1.50 5.5 9.6 8.25 14.40 INSTALL-24' RCP-10' INLET B 1.63 0.50 0.82 5.5 9.6 4.48 7.82 INSTALL-18 RCP-10 INLET C 1.91 0.50 0.96 5.5 9.6 5.25 9.17 INSTALL-24' RCP-10' INLET D 0.871 0.50 0.44 5.5 9.61 2.39 4.18 INSTALL -3O" RCP-10' INLET E 3.95 0.50 1.98 5.5 9.6 10.86 18.96 INSTALL-24' RCP-10' INLET F 3.01 0.50 1.51 5.5 9.6 8.28 14.45 biZ-VN TO DETENTION BASIN G 3.30 0.30 0.99 5.5 9.6 5.45 9.50 SHEET FLOW AS EXISTING H 1.42 0.501 0.71 5.5 9.6 3.91 6.82 SHEET FLOW AS EXISTING Total 85.30 l 1 5.601 0.501 2.801 5.51 9.6 15.4 26.88 INSTALL-27' RCP -CULVERT DETENTION POND DETAIL 1 '-30' SYSTEM , DESIGN DESIGN DRAINAGE POINT AREA 05 Q100 COMMENTS AA 8.25 14.40 INSTALL 10' INLET & 21 " RCP /2 A, B 12.73 22.22 INSTALL 10' INLET & 21 " RCP AA, B & C 17.98 31.38 INSTALL 10' INLET & 30" RCP A4A, B, C & D 20.37 35.55 INSTALL 10' INLET & 33" RCP END SYSTEM "A' 15 E 10.86 18.96 INSTALL 10' INLET IN A SUMP WITH 24' RCP 0 0.70% I END SYSTEM "B" 1 15.40 26.32 INSTALL 27" RCP CULVERT WITH END TREATMENTS MAXIMUM RELEASE RATE = 17.950 AC. x 0.50 x 9.6 = 51.7 cfs TOTAL 100 YEAR Q = 87.91 cfs AMOUNT TO BE DETAINED = 36.21 cfs DETENTION AREA REQUIRED IS 39,831 CUBIC FEET OF STORAGE PROPOSED DETENTION AREA = 50' x 600' = 30,000 S.F. WITH AN AVERAGE DEPTH OF 1.5 FEET = 45,000 CUBIC FEET OF STORAGE PRELIMINARY DRAINAGE STUDY FOR HIGH POINT A 17.950 ACRE TRACT OF LAND IN THE L. G. HALL SURVEY, A-686 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS OWNER: DEVELOPER: ROSS OWEN K.M. PROPERTIES, INC. 480 SHADY OAKS DRIVE 230 PARK BLVD. # 101 SOUTHLAKE, TEXAS 76092 GRAPEVINE, TX 76051 (972) 365-0265 FAX: (972) (972) 329-3111 FAX: (972) 438-4090 329-3854 CONTACT: KOSSE MAYKUS ENGINEER: WASHINGTON & ASSOCIATES ENGINEERS - PLANNERS 500 GRAPEVINE HWY. SUITE 375 HURST, TEXAS 76054 (817) 485-0707 METRO 498-3077 FAX: (817) 485-4106 JOB NUMBER 020-009 RECD E2 1 `;I 8 2000 FILE NAME: Pre-DS-0020009.DWG OCTOBER 2000 CASE ZAOO-056 SHEET 4