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1997-02-04 CC Packet Y• City of Southlake,Texas • MEMORANDUM January 29, 1997 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 97-04, Calling for a General Election to be Held on May 3, ri 1997, for the Purpose of Electing a Mayor and Councilmember Place 2 for Three Year Terms Attached is a draft of Resolution No. 97-04 which contains standard "boiler plate" language calling for the General Election to be held on Saturday, May 3, 1997 to elect a Mayor and Councilmember Place 2. This draft is still being reviewed by the attorneys and will be corrected prior to the Council meeting on Tuesday. Provisions of the resolution include candidate application information, early voting and polling times and locations, appointment of election and alternate judges, publishing requirements, and canvassing and run off information. S Pleaseplace this item on the February4th agenda for consent. Ifyou have anyquestions, or wish g to discuss this matter, please give me a call. jaindf /lc D:\WP-FILES\CITYSEC\RFSOLU\97-04MEM. • 5A-1 • RESOLUTION NO. 97-04 A RESOLUTION OF THE CITY OF SOUTHLAKE,TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 3, 1997; DESIGNATLNG A POLLING PLACE; ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE JUDGE; ESTABLISHING PROCEDURES FOR EARLY VOTING; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE-CLEARANCE APPROVAL;ESTABLISHING OTHER PROCEDURES FOR CONDUCT OF THE ELECTION; ESTABLISHING A DATE FOR _ CANVASSING RETURNS; ESTABLISHING A DATE FOR RUNOFF ELECTION IF NECESSARY; AND PROVIDING AN EFFECTIVE ECTIVE DATE WHEREAS,Section 41.001 of the Texas Election Code (the "Code")specifies that the first Saturday in May shall be a "Uniform Election Date" and that a general election of a city may be held on such day; and WHEREAS, state law and the charter of the City of Southlake require that a general election be held; and S WHEREAS, by this resolution, it is the intention of the city council to officially establish the election precincts within the city, to designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election; and WHEREAS, the changes from prior practices may require pre-clearance under the Federal Voting Rights Act. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. General Election Called. A general election shall be held in the City of Southlake, Texas, on Saturday, May 3, 1997, at which the following officers will be elected: MAYOR COUNCILMEMBER PLACE 2 Section 2. Term of Office. In accordance with the city charter, the candidate for • f: files slake res 05-03-97.ele 01-28-97 s • each of the offices receiving the majority of votes for such office shall be elected to a three (3) year term beginning in May of 1997, and ending in May 2000, or until a successor is duly elected and qualified. Section 3. Eligibility for Candidacy. In accordance with the city's Charter, no person shall be eligible for the office of mayor or councilmember unless he/she is a qualified elector of the city and has resided in the city for at least twelve (12) months preceding the election at which he/she is to be elected. Section 4. Application for a Place on the Ballot. In accordance with Section 143.002 of the Code, any eligible and qualified person shall have his name printed upon the official ballot as a candidate for the offices herein set forth by filing his sworn application with the city secretary not earlier than February 17, 1997, and not later than 5:00 p.m., March 19, 1997. Each such application shall be on a form prescribed by Section 141.031 of the Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the city secretary as provided by Section 52.094 of the Code. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. Election Precincts. In accordance with Section 42.061 of the Code, the il) city council of the city hereby establishes its election precincts for all municipal election from and after the effective date'of this resolution, such precincts to be-coterminous with the boundaries of the below listed election precincts established by the Denton County and Tarrant County Commissioner's Courts, to the extent such election precincts are within the corporate boundaries of the city: , Denton County Election Precinct No. 318 Tarrant County Election Precinct No. 3470 Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct No. 3040 Tarrant County Election Precinct No. 3286 Tarrant County Election Precinct No. 3359 Section 6. Polling Places. The polling place for the general election for all precincts of the city shall be the Community Building at Bicentennial Park, 400 North White Chapel Boulevard, Southlake, Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on election day, in accordance with and pursuant to the requirements of the Code. Section 7. Appointment of Election Judge and Alternate Election Judge. The following named individuals, residing at the respective addresses are hereby appointed to • f:\files\slake\res\OS-03-97.e1e(01-23-97) 2 • • c7i\'� _. Sserve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the election: Presiding Judge: Aloha Payne, 1213 Whispering Lane, Southlake, Texas Alternate Judge: Joan Dunbar, 1202 Oakwood Trail, Southlake, Texas The Election Judge and Alternate Judge shall be qualified voters of the city. The city secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judge and the Alternate Judge, notice of their appointments not later than twenty (20) days from the effective date of this resolution. Section 8. Appointment of Clerks. The Presiding Judge for the polling place shall appoint Election Clerks and as many additional clerks as are necessary for the proper conduct of the election. Provided, however, six (6) clerks shall be the maximum number of clerks which may be appointed to serve at the polling place. All Election Clerks shall be S qualified voters of the city. Section 9. Compensation of the Election Judge and Election Clerks. The Presiding Election Judge, Alternate Presiding Judge and each Election Clerk shall be compensated at the rate of $6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judge shall also be paid the additional sum of$25.00 for delivering the returns of the election. Section 10. Method of Voting. The city secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the general election, in accordance with this resolution. Voting at the election shall be by electronic voting machines and shall be conducted in accordance with the Code. Section 11. Governing Law and Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident qualified voters of the city shall be eligible to vote at the election. Section 12. Publication and Posting of Notice of Election. Notice of the election shall be published twice no earlier than April 3, 1997, and no later than April 23, 1997, in the newspaper in accordance with the provisions of the Code. Additionally, notice shall be 11111 f:\files slake res 05-03-97.ele 01-28-97 3 4 S posted no later than April 14, 1997, in the regular place for posting notice of meetings of the city council of the city, and shall remain posted continuously through election day, May 3, 1997. Section 13. Early Voting. Early Voting by personal appearance shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on each day which is not a Saturday, Sunday, or an official State Holiday, beginning on April 14, 1997, and continuing through April 30, 1997. Additional voting hours shall include: Monday April 14, 1997 8:00 a.m. to 5:00 p.m. Tuesday April 15, 1997 8:00 a.m. to 5:00 p.m. Wednesday April 16, 1997 8:00 a.m. to 5:00 p.m. Thursday April 17, 1997 8:00 a.m. to 5:00 p.m. Friday April 18, 1997 8:00 a.m. to 5:00 p.m. Saturday April 19, 1997 Closed Sunday April 20, 1997 Closed Monday April 21, 1997 8:00 a.m. to 7:00 p.m. Tuesday April 22, 1997 8:00 a.m. to 7:00 p.m. Wednesday April 23, 1997 8:00 a.m. to 7:00 p.m. Thursday April 24, 1997 8:00 a.m. to 7:00 p.m. Friday April 25, 1997 8:00 a.m. to 5:00 p.m. S Saturday April.26, 1997 8:00 a.m. to 5:00 p.m. - Sunday April 27, 1997 Closed Monday April 28, 1997 8:00 a.m. to 5:00 p.m. Tuesday April 29, 1997 8:00 a.m. to 5:00 p.m. Early voting by personal appearance shall be held at the office of the city secretary, 1725 E. Southlake Blvd., Southlake, Texas 76092. Applications for early voting by mail shall be delivered to the city secretary at the same address, not earlier than March 4, 1997, and not later than the close of business on April 25, 1997. Early voting, both by personal appearance and by mail, shall be by electronic voting machines and shall be canvassed by the Early Voting Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed herein shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Ballot Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board. Section 14. Canvassing of Returns. The city council shall convene on May 5, 1997 at 6:00 p.m. to canvass the returns of the General election. IIIf:\files\slake\res\OS-03-97.ele(O1 28 97) 4 5A-5 ,r i. SSection 15. Run off Election. In accordance with Section 2.025 (b)(2) of the Code, in the event no candidate receives a majority of votes for an office, there shall be a Run off election held on June 7, 1997. Section 16. Submission to the United States Justice Department. The city secretary of the City of Southlake is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance approval for additional length of the absentee voting period. Section 17. Delivery of Returns. In accordance with the Code, immediately after the closing of the polls on the day of the election, the election officers named in this resolution shall make and deliver the returns of the election in triplicate as follows: one copy shall be retained by the Presiding Judge; one copy shall be delivered to the mayor of the city; and one copy of the returns together with the ballot boxes and all election supplies shall be delivered to the city secretary. All election records and supplies shall be preserved by the city secretary in accordance with the Code. Section 18. Necessary Actions. The mayor and the city secretary of the City of Southlake, in consultation with the city attorney, are hereby authorized and directed to take any and all actions.necessary to comply with the provisions of the code in carrying out and conducting the election, whether or not expressly authorized herein. r Section 19. Effective Date. This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS DAY OF , 1997. CITY OF SOUTHLAKE, TEXAS Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney IIIf: tiles slake res 05-03-97.ele 01-28-97 5 5Ajc, City of South lake,Texas ' MEMORANDUM January 31, 1997 III TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Resolution No. 97-09,Authorizing the City Attorney to Proceed with Condemnation of the Reutlinger Property, 1.24 Acres (Permanent Easement-Part 1), 0.167 Acres (Permanent Easement Part II),and 0.390 Acres(Temporary Easement),of 13.86 Acres of Land (Whole Property), on the South Side of Southlake Blvd. and West of White Chapel Blvd. - Background The attached resolution will authorize the City Attorney to proceed with condemnation action in regards to obtaining an easement immediately east of the Lakecrest Addition. (See map attached.) Over the past year,the Lakecrest Addition has experienced drainage problems along their eastern boundary. When the Reutlinger Addition received its Preliminary Plat, there was a drainage easement shown on the western property line. This easement was intended to carry the drainage from the Bicentennial Park area and was intended to be an extension of the existing drainage easement obtained by TxDOT during the widening of F.M. 1709. When the 1709 Southlake Oaks was approved by City Council, a request was made to the Developer to extend a sanitary sewer line through this easement. The City committed to obtain this easement within(4) four months (March 11, 1997) or the Developer would not be obligated to construct this line. City Council Member Ralph Evans has attempted to negotiate a settlement with the property owner, Dr. Richard Reutlinger. City Council, at its January 21, 1997 Meeting, directed Staff to bring forward the necessary resolution to initiate a condemnation lawsuit. Comments Please place this resolution on the February 4, 1997 Regular City Council Meeting Agenda for their consideration. 62/ - ,, -- BW/ls attachments: Map Exhibits Resolution 97-09 D:1WP-FILHSl0.ES\97AU9.MHM • 5B-1 REGIONAL MAP .4110 ....N...-\g•M i-i.- • .:.(l.-.-Th, I\, ..rEai i �-�® At•j•A DENTO1 f.:."6-- :/.g'v..\-..-. .�' l� ...,,1--,.. , ;•ta. •t:7s 5 7' 41J.1 fAM%1.1 1''e.i 4:s"•.-...ilc.l.i't'- ",f> L, \Decatur i("�sway '•- ,c•»•• ��'!• Lincoln 1 .. 1 att• 1 Park g �• r`� -_ '''. ` -ter c Pd \ , - .I, �__ Ponder( ,) �r .-J ‘ II•• I - - , - . -r) , Sh res ti ( '. G LaIc o (�.` F. \f Corinth ` Vlla • ( ,I%h ) j-♦_ .c-- .r" H'crkory 1 La • J } Corral City. Argyle k' -♦f'•C?` .L ( ,�Le • r o r -). Dallas Justin nny Boyd w, ° °, .., Highland L i y, : Bartonvillc' .,...r-Village `- .' Aurora Double aO • • l._. 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C - PERMANENT DRAINAGE & UTILITY EA'EMENT C I CONNER LAM m Vol. 7695, P. 1366 r' GR£S' AO01�� I R.O.W. 0 I;' PERMANENT DRAINAGE LAKE f, I 11 AHD IJ IILfIY EASEMENT I I I EXISTING DRAINAGE Esw T. 1 Cal D FT. VOL 9737. 65• ' 1.24 ACRES ' I 0.063ACRES I POB I P I, CNO1'04'54"E 1233.36' m__ N88'S5'06'W-- -'-� � /� ` -- ---50.00' 1 g �, saro4'S4"w — -so2e1-- — �nN .0 A H N1 I D11066.61 169.23' xt.sx7, a.TSrs -- o f, z al N87'56'59'E I A R m co DR. RICHARD A. REUTLINCER 40.81' P VOL. 6765, P. 807 - 11 -1 RY 5� dE ---__--- I r R m DgER I LOT 1, BLOCK 1 1 © 1 il HIR GR DN �,,� I REUTLINCER ADDITION 1 0 (n A N4� c I 0.869 ACRES I �� m m 1E..0 F T� Nate: ALL BEARINGS BASED ON TEXAS STATE PLANE CLORDINAIES- 0 x ,o) xo z gr....,151 f?''• t SURVEYOR'S CERTIFICATI = "i �' ▪•▪ !' N I. Eddie L. Cheatham of CHEATHAM AND ASSOCIA-ES, a Registered Professionol Lond A__ •2 r•-•'- EDDIE L. CHEATHAM Surveyor of the State of Texas. do hereby declare that that the calculations, graphic IN FEETt """"""'"" "''' depiction and legal descriptions of this survey were properly pre pored under mypersonal 1 inch = 100 IL %4 2346 ; 9 Pl Y P P Y P P a �,*=' - supervision from on actual survey made on the ground. e•.%` 1a:aQ • - tss„• O /'' NGTO Ct T L2 DI U Registered Professionol Lond Surveyor No. 2346 (ell) s aw-o60e NM.�(817)zea-esae ra • .., ' • . • • (/) EXHIBIT 'A' • C 15' PERMANENT UTELITY EASEMENT & 35' TEMPT ORARY CONSTRUCTION RA FIEMENT f CONNER LAM • i m VOL. 7695, P. 1366 I I I y pK£C j Ap01Tt0 RM R.QW. i 11 1 •, I ty - 15FEMME/ifI �' ' UTILITY EASEMENT-- EXiSti C DRAINAGE ESMI. I VOL 9737, P.1865 7,293 .SQ. FT. ! 0.063ACRES I I I 0.167 ACRES 1 1 1 .0 s87'66'59-w PB1 m ---- ------------ 15__02' NO1'04'S4-E __ -586.-44'-- ------ 1 1 7) Li = 00'08'54- ' 1 . _501'04'54-w 485.92 R = 694.58' cosmic oo' 1 ' T = 7.50' D -- eR.,a.k r EAs MENf , 1 VOL.e76r.2.1 2 ------�--� L = 1 .00 L. 35' TEMPORARY ° I m 1 I CONSTRUCTION A Z EASEMENT o 1 Yg -I VET DR. RICHARD A. REUTIJNGER --_------ ' = Il m Y 5(}R ti'OL. 6765, P. 807 ' 41> 4 AVI KIS I LOT 1. BLOCK 1 I P 1 I (f) M GR ai, I REUTLINGER ADDITION 1 < I m NIR� (�� I 0.889 ACRES v I I:) 1 I] I r 1 m A2 0 Note: ALL BEARINGS CASED O TEXAS STA r£!•LAN£COOROINATEt 0 w Iw 2co tip..........,.e n.,i ,`',10 5`ci/e- SURVEYOR'S CERTIFICATION y.. s I, Eddie L. Cheatham of CIIEATHAM AND ASSOCIA'ES, o F.cgistcred Protessional Lend ��� 1 EDDIE L. CHEATHAM Surveyor of the Stole of Texas, do heroby declare that (hot the calculations. graphic ( IN FEE!' ) YI Inch = 100 IL -10 2346 depletion and legal deserip:ions of This survey were properly prepared under my personal f• o?r: supervision from on actual survey mode on the ground. N q4,D suRv��o die lie. ANAR v�80CIT TB �� •- t�-^�A i ARLINCTOS. TEXAS 76011 .T-L1.Dty, Registered Professional Land Surveyor No. 2346 (at?) 54a-a6Ce metro (tlt7)265-ea0 s ZONING MAP { - -1?-1 ll°---; 3F I • 26 At I P.c. 1 A VC - •,,k'S-A: V 4) i • t_7-, TA 2 'I •I ____T_Li; or, .._ _ TI)-{10WIAS r..-,A,c,ip .1 • ti .-fsfidiGtLAND3_ 8d 2 --- ,_ .. - SURVEY A(31•TIN• 706 / , . III . ' S1F I --- AP°1'. i.,„, . .s,,,,,A,. e ...12tit 884 c .. i 17,1 6:a:I- .41Cli 1. IA - '• ' .11Ci4-- - ----- --53- ----- ---- - - - 6412: 11: . i •94 I -.4,1,4841, I.S_all-._eva: S _.1 I ii 11064 Ac •L---/. ' "• " ' -•-- • 1. RE 1 ; 1 lifd .r. 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FIRM ' itt `?' , EAST h 7 , , FLOOD INSURANCE RATE MAP (P•It.i 601 AIIiS ` 602 t®® ' TARRANT COUNTY, 0 \� I 0 TEXAS AND INCORPORATED AREAS SHADOW l'•• 610 Ed boa CREEK V�1 CITY OF SOUT1 PANEL 185 OF 595 y ZONE X '� s12 480612 rstt.....r.nK.tan r...as y.„....ntn. X '�; ZONE X !a 1.ZONE X 1p ' 606 lIIDI --\ © gj/61a ©• o �� fwagu.ecn ..rct s�.q / � `9 616 's.�l � 31_6og O 111't N �w �1� PLANTATION 7 616 `{ ZONE A I ..a �..r .... � 620 `�Fct 612 / AIP F i I O - k k t(; 61I Z %,622 - R ' i ZONE X 1 l . ;,i,• 17/'1 a • LIMIT of `6ZA \ ZONE X ival 666._ ,_, �� v DETAILED STUDY • \ mik MAP NUMBER ,,',?;%si). RM9 �� Aq9 gr 48439C0185 N ;`-"�.'_� . PosT oAK "F'J TRAIL ZONE X MAP REVISED: "�� ••`� z AUGUST 2,1995 - ZONE X I :0 -1-----ir4IVI'''kfl.lE"':g'ftcl ''ESSCREE ' "': CIRCLE M�n.g7 nI ArfluT •UMiT OF DETAILED STUDY - C , •. ZONE X ZONE X ' 'I"., HlOOEN Z � (r z F� _ GLEN ,, �.+ •'WEST HIGHLAND STREET , SUMMER • .''� W0008ROOK ' . �� i Q W 4 R Z W a , CREEK C CROSSTIMBER� p �� 9 m . FS�,�LA � ASCOTT g / I Wq; a DRIVE O Pig a BELMONT ZONE N CHURCH 0 CHESNU7 a t au x v,"i cHAPE ,i DITNE 7/4.41/H ALAMO • MISSION ' Y P CITY OF SOUTHLAKE LtivE-HENRY 480612 (1 0 e7e SAN SABAN f 9• 4tf, Oir DRIVE GREGG SABINE _ �i 3 -, / ' Z DIAMOND cFy F4,F sky =, O JAONTO 0 to Tributary __ pEgg1 BB-8 WM / ZONE X Subject ZONE X z ZONE X- / a t_ 58-7 PHOTOGRAPHS OF SUBJECT • > , . ,sr- , 7: C1,t7b • - • •- •• ' • • ---zrz• .—•• • • -: , •. .• • •' . , , • - • %!=t .1 " • :7j ••••:?.-%i,.-• •-• ; VIEW OF EXISTING 80' PERMANENT DRAINAGE EASEMENT, PROPOSED 15' PERMANENT UTILITY EASEMENT, AND 35' TEMPORARY CONSTRUCTION EASEMENT • •• • • • " '`",••.• ' • • • J ' • •- • • • • , • • . • t; „ • . . • • ;: -;;.. . • • • , ••=f •': , —• VIEW OF EASEMENTS AND WHOLE PROPERTY LOOKING NORTH OUT TO SOUTHLAKE BLVD. • 5B-8 PHOTOGRAPHS OF SUBJECT S • 'i �, w : ,y'Y t 1. rl� , Ia Y"'�u'?ta�'�h' r•��"�fj�t r �. i. _i.... 1LP+ , • r. w,rs 1efSt 1r.°f�`r i rr _ ry1j7+ • I yr j r' l , if i 7 tl !� + tie,it 2. r • • VIEW OF PROPOSED 50' PERMANENT DRAINAGE AND UTILITY EASEMENT LOOKING NORTH • ro% • • • may' 1 ii�/' . `� \ i•-• t•"Yp ✓ _1 . .te rr rr r-.• 7f r 1 J /' ! fi ;• , F s > S =' 1 r \: .✓ i 1 ry p xi s III • VIEW OF WHOLE PROPERTY LOOKING NORTH 5B-9 . - PHOTOGRAPHS OF SUBJECT . . .., ..2„r„...,i,..5.F...i,..,.! ' 7*-.7':.. ;.:-,'•••'!:. -. , ..- . ,... 111/11 ...., ,..,.., .. / • ,........,.unz- ...,..- • ..,k.-- .-1--,;,..ScrAiii-.',....ki... 6„,-;s t :.:,-7:.,:kil•;1-'-.::•.i .. • ...-r,.::;.,..-A-."—!4 r1.1:-.•f...-:^w 777:7::"'"7"..,..1t,,,,t7,,r•—r---1?,7,79-1,7;1.,71.t.,.... .:, --:•:-..':.:-.-!.""..::.....•...• • - . • • ,-..ii,....v ‘:,..:44.;:.-......i:,... - /.,.;-..•.u.,•-•:."-t '''':s'•':':1 -..''''' ' '''''•4:'":: .'''''" .; ,..'4' '''"-::-.....;,"`." "...'-';'::-.;5..;7 2.7.,::•'..-;•.;t.e%Il'ot:--;:,;;-i;:Lis -j'..., !-F•;,;::.:'!';?"';'''.:.:,':'%,..r:*--". ' 2::.!::, ' ' .;;'..:,'.. -;. ' f"E 0 T,ft:'...:.V,,•'.4-1'.:-rit':,/:.•;,'.,..,,I.::!!;;'f!,-. •?•.., s.,,-.,,...,.,.•,•:,-...,.:•:•.:;.....- ....•,- '7 . .,,.. . . ...' 1 .:'-:;;774%,:.1,-......7.1.;.,:,;:.-A4.,:;•;',;:, ;c1',;11;i1r,; ;;;1:kX‘.- ;t:0'..J.•'.'',,,i1:..-•,:..:!::4',..".::.:"'-'..-:•,.•,,:' . :,,,.....,:,,..•:.:-,,,,,:-.T.......;...:::l..:,,,-:.;,-....r: ..::...,:.,i'q.7,.;,;:;....,,,.1:24 ii..i".:,..?"5.':.., 1.:.''T'' ' ... '.',-• :..,.''.....•:'• --'" ... '. --, • ' . -.:' ' '--' .::','' '':::'7'..':-:•:II:^6--'11';'.1:i 1-. :,:','•...,•:::;/).1i....,.......',.'.•::•::'''....,,-:',:'-,.'.'."•:•''':.'"'-:..:i.4:-.•:.'',... ',''&. .. . VIEW OF WHOLE PROPERTY LOOKING SOUTFI ,. -...-.--,.,---,-;•:-''''C'P.'eitf:4:$.;;Ar:iiir417.1:.7:::... ... • • . . • 0 • '' . •-...--;:.•,;‘.......r....-t.ii:-...5-wt'''`t.;ii.Vr'77..••'''''. . • • . .. . • - ....:. . :-•,-.-At'...,,:-.3'..•. :,,,,kii,.....ttrilr%--- *: •••:-..,..5-::,:f.-,..tf.-.4..t•i-,;.g.,-',,,,,..t.: t t•.•:tx.!:,,i&i.K...,.'i.',-1.1'15 A•'. 1-. . . . • -..•• ..i::.•:,•5wixei.•('"4-. ''.f,-.' . :. .,,.:..."5--le,:-.';',A.Tit'......;i&i.:--,:-. • "e,•' -.,:-..,......--iwof.:,•r. ...'.t:--•- •' ':',...6.nk,-;:;.:?:,;. ',...e".".''.---• . . '''•-1111-4':'iar - ...„.. ;',-.;.- •,i. - - , . ','.ic.i.,. .- ' - :-. "-..;:.;•.!.`yr:.!....,---.;.,,....r,:a......__, ,_ k--.._,.....4:,......,4......-7—=-:‘,-.-.1.-..._...:. ....:—::•::1:_:;i,-.P.:.-- ---7---'''''------7-7„.:'-:,--:'...".:-,--' .. ./..--r-,..,. --' ...1'. - - ...4t,,-:,-:.,-2.-:-.,„:-„-.:-:,-..... ... ..... -.7., :.- _____:--,.--,---.-:- _,__-- ,. ,.:.-2.....„,...:.... . .(... ...„. .„......4m,,..r.i.::: -.,,........:-.,,„-4.:.....__.,.......-.. ._. ...... .. .. - •'. '• . . ...,..''' '1'`:.2."-.... . '. * "...iS't.-.:.':-...:::;.:;.'''''':':•:'...''S" • '',. , .. . . ' ' . '. . . .. ' ' . 1 '. :.'''-'.-;• ..4'??': .‘..,-....:;-r:-.:.3':7=':':',......‘":"..--.....,..',:.;,'.J.,. '..'. . . .. . - ..,.,......, .. •- r ,, . . . . • VIEW OF SOUTHLAKE BOULEVARD LOOKING EAST • 58-10 - . RESOLUTION NO. 97-09 A RESOLUTION OF THE CITY OF SOUTHLAKE,TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING FEE SIMPLE OWNERSHIP OF LAND FOR USE BY THE CITY OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW. Whereas,the City of Southlake is in the process of constructing a permanent drainage and utility easement which will serve existing and future developments in the city; and Whereas, in order to complete construction of the project, it is necessary for the city to acquire easement from property owner; and ' Whereas,the city council has determined that certain tracts of land would be in the public 0 interest to acquire for the future permanent drainage and utility easement or, in the alternative, for utilization for other public purposes; and' Whereas, the city and,the owner of said property have been unable to reach an agreement on the acquisition of this property; and Whereas, the city council now deems it necessary to authorize the city attorney to initiate condemnation proceedings in order to acquire the necessary easement. N NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1 The city attorney is hereby authorized to bring a condemnation lawsuit for the purpose of acquiring approximately 1.24 Acres(Permanent Easement-Part I),0.167 Acres(Permanent Easement _ Part II), and 0.390 Acres (Temporary Easement), of 13.86 acres of land (Whole Property), on the SSB-11 G 1psouth side of Southlake Blvd. and west of White Chapel Blvd., City of Southlake,Tarrant County, Texas,being more particularly described as Exhibit 'A' as Part I(Permanent Drainage and Utility Easement)and Part II(15'Permanent Utility Easement and 35'Temporary Construction Easement). SECTION 2 The city council finds that such acquisition in this condemnation action is necessary in order to serve the public health, safety and welfare. PASSED AND APPROVED ON THIS day of, 1997. Mayor Attest: 411 City Secretary DAW P-PILESIRESW-..P.RES 1' 0 5B-12 METES AND BOUNDS LEGAL DESCRIPTION - PART 'i16F EXHIBIT'A' Permanent Drainage and Utility Easement . Being 1.24 acres of land, more or less, situated in the Hiram Granberry Survey, Abstract No. 581, City of Southlake, Tarrant County. Texas and being a portion of a 15.0 acre tract of land conveyed to Dr. Richard A Reutlinger of record in Volume 6785,,Page 807 of the Deed Records of Tarrant County, Texas, which 1.24 acres of land, more or less, is more particularly described as follows: COMMENCING at the point of intersection of die southerly right-of-way line of F.M. Highway 1709 with the west line of said Reutlinger tract, said point being 65.00 feet southerly of and'radial to P.M. Highway 1709 centerline survey station 304+36.56, said point being in a curve to the left having a radius of 5,794.58 and a central angle of 00° 08'54"; r THENCE S 01° 04' 54" W, along the along the west line of said Reutlinger tract for a distance of 316.96 to the POINT OF BEGINNING, said point being in the west line of said Reutlinger tract and in the east line of the Lake Crest Addition, a subdivision within the City of Southlake; THENCE S 02° 03' 01" E, for a distance of 169.23 feet to a point for corner; 6 THENCE N 87° 56' 59" E, for a distance of 40.81 feet to a point for corner; THENCE S 01° 04' 54" W, for a distance of 1,066.61 feet to a point for corner; THENCE N 88° 55' 06" W, for a distance of 50,00 feet to a point for corner, said point being in the west line of said Reutlinger tract and in the east line of the Lake Crest Addition, a subdivision within the City of Southlake; _ THENCE N 01�,04' 54" E, along the west line of said Reutlinger tract far a distance of 1,233.3"6 feet to the POINT OF BEGINNING, containing within these metes and bounds 1.24 acres or 54,046 square feet of land, more or less. F:1W Ol2D\LEGALSIREUT-L'2.LGL k a) 5B-13 METES AND BOUNDS LEGAL DESCRIPTION - PART II EXHIBIT'A' 15' Permanent Utility Easement and 35' Temporary Construction Fasement Being 0.167 of an acre of land, more or less, situated in the Hiram Granberry Survey, Abstract No. 581, City of Sotithlake, Tarrant County. Texas and being a portion of a 15.0 acre tract of land conveyed to Dr. Richard A Reutlinger of record in Volume 6785, Page 807 of the Deed Records of Tarrant County, Texas, which 0.167 of an acre of land, more or less, is more particularly described as follows: BEGINNING at the point of intersection of the southerly right-of-way line of F.M. Highway 1709 with the west line of said Reutlinger tract, said point being 65.00 feet southerly of and radial to F.M. Highway 1709 centerline survey station 304+36.56, said point being in a curve to the left having.a radius of 5,794.58 and a central angle of UU" U8'54"; • THENCE Southeasterly along said curve a distance of 15.00 feet to a point for corner in the southerly right-of-way line of F.M. Highway 1709 and in the north line of said Reutlinger tract; THENCE S 01° 04' 54" \V, for a distance of 485.92 feet to a point for corner; THENCE S 87° 56' 59" W, for a distance of 15.02 feet to a point for corner, said point being in the north line of said Reutlinger tract; THENCE N 01° 04' 54"E, for a distance of 486.44 feet along the west line of said Reutlinger tract to the POINT OF BEGINNING, containing within these metes and bounds 0.167 acres or 7,2.93 square feet of land, more or less. ,, F•\WOR.D:I:FCAJ S\RELrf-L.I.LCL 5B-14 City of Southlake,Texas z. MEMORANDUM • January 31, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead,Director of Public Works SUBJECT: Resolution 97-11, Authorize the Mayor to Terminate the Water and Sanitary Sewer Agreement dated February 12, 1987 between the City of Grapevine,the City of Southlake, and the Trammell Crow Company, the Successor to the Grapevine/Highway 26 Joint Venture Background On February 12, 1987, the above captioned agreement was entered in between City of Grapevine, City of Southlake and Grapevine/Highway 26 Joint Venture for providing water and sanitary sewer service to approximately 94 acres of property in Grapevine and 17.79 acres in Southlake. The 17.79 acres within the Southlake city limits was later recorded in Volume 388-212,Page 20,Plat Records Tarrant County,Texas,as Heritage Industrial Park in October 22, 1987. The intent of the agreement was to"allow for the uniform development of the property on a timely basis;prevent the duplication • of utility services; provide for the more marketable development of the property; increase the tax base of both cities;provide temporary water to the Southlake property; and allow a fire emergency water supply to the Grapevine property and the Southlake property." The two main components in the body of the Agreement are: 1. Grapevine to supply sewer and water to Southlake property until"at such time as Southlake has established an independent water supply for the Southlake property." a. With the Developer's Agreement with Trammel Crow(CRI Industrial Development, L.P.), Southlake's water system will be extended to the property in the Agreement; • thus, fulfilling this portion of the Agreement. 2. Grapevine and Southlake agreed "to use their best efforts to make water reasonably available to the other upon and during" major system failures; major main breaks; involuntary disruption of a major supply of water; or a major disaster. a. There has been an emergency connection between Grapevine and Southlake near S.H. 114 and Wall St. which both cities have helped the other during water emergencies. The underwriting counsel for the title insurance company for CRI Industrial Development, L.P., the • SC-1 ® MEMORANDUM CURTIS E.HAWK WATER AGREEMENT TERMINATION JANUARY 31, 1997 PAGE 2 successors to Grapevine/Highway 26 Joint Venture, has stated that the Agreement does not automatically terminate or with any statutes of limitations. They are asking both Southlake and Grapevine terminate the Agreement. [See attached letter/memorandum to Safeco Land Title of Tarrant dated November 21, 1996.] The City of Grapevine is considering the termination of the Agreement at their February 4, 1997 Council Meeting. Comments Therefore, Staff recommends that the City Council approve the attached Resolution 97-11, authorizing the Mayor to execute the attached letter terminating the Water and Sanitary Sewer Agreement dated February 22, 1987 between the City of Grapevine, the City of Southlake and the Trammell Crow Company, the successor to the Grapevine/Highway 26 Joint Venture,based upon the fact that the City of Southlake has provided an independent water/sewer supply; thus, the Agreement is no longer needed. akilae4L-4) BW/ls ® - - attachments: Trammell Crow Dallas/FW Letter dated 11 27 96 Safeco Land Title of Tarrant dated 11-21-96 Agreement Resolution 97-11 D:\W P•FILES\RES\97-01 I.MEM 1111/ SC-2 Trammell Crow Dallas/Fort Worth Texas Commerce Tower 111 2200 Ross Avenue,Suite 3700 Dallas,Texas 75201-2770 214/979-6100 November 27, 1996 Mr. Robert R. Whitehead Director of Public Works City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Robert: Please review the attached letter and, if acceptable, execute and return it to my attention. I have included a memo of explanation from Safeco Land Title. Should you have any questions, please give me a call. III Sincerely, TRA E CROW DALLAS/FORT WORTH / . e/ttl'r-- Patrick T. Perot Vice President PP/bl Enclosures cc: Pat Kunz Doug Gordon RECEIVED DEC 0 2 1996 DEPT.OF PUBLIC WORKS S sc-3 1VU V-Lb-jb ZU Z.i YKU1.1=LlC LIW 10t'1 LICUJI LGCs I-1L 1L=L1`t00 JJ•YGL a I--UL i/ I S November , 1996 CRZ Industrial Development,L.P. 2001 Ross Avenue, Suite 3200 Dallas,Texas 75201 Re: Water and Sanitary Sewer Agreement dated February 12, 1987 between the City of Grapevine,Texas, the City of Southlake,Texas, and Grapevine/Highway 26 Joint Venture,recorded in Volume 8918,Page 316 of the Real Property Records of Tarrant County,Texas(the" eemeiaty'l Gentlemen: • This Ietter evidences the agreement by the City of Southlake,Texas that the Agreement is hereby terminated and is of no further force and effect Very truly yours, • THE CITY OF SOUTHI,AKE,TEXAS By: Name: Title: F:\BT TRA200\58095\CRISL.LIR • S • 5C-4 r r<u- •a.-rcw rrtrv.vi c1ti rrc �u�r 1�7C.ii-ci LJ-7+ H10 r-.IOU10.j- • SAFECO LAND TITLE OF TARRANT 777 Main Street, Suite C-10 Fort Worth, Texas 76102 _ (817) 877-1481 Metro # (214) 445-5044 . Fax (Metro) (214) 445-5047 DATE: November 21, 1996 FIRM: Vinson & Elkins ATTN: CRAIG ANDERSON FAX: (214) 999-7702 • FROM: Barbara Hutson Commercial Operations Manager NUMBER CF PAGES INCLUDING COVER SHEET: 2 RE: TC96-85488 (CR/ Industrial Development, L.P.) Water and Sanitary Sewer Agreement-Vol. 8918, Pg. 316 • • As we discussed this morning, I had conversation with Jeff Davis and a conversation with underwriting counsel for Chicago Title Insurance company concerning the Water and Sanitary Sewer Agreement dated the 12th day of February, 1987, among the City of Grapevine, Texas; the City of Southlake, Texas and Grapevine/Highway 26 Joint Venture. Tarrant County, Texas_ Underwriting stated that they did not feel that the agreement would automatically terminate or did not feel comfortable that any kind. of statute of limitation would have elapsed. underwriting also stated that the procedure for release was as set out on page 319 of the agreement. - This morning you asked about the possibility of obtaining letters from each of the cities to be attached to an affidavit by the borrower (successor to Gsdyevine/Highway 26 Joint Venture) stating that the agreement was terminated. -1- • 5C-5 �-WV w+ ��4a01a .3 1111 Page 2 Craig. Anderson I spoke again with underwriting and the response obtained was from the senior underwriting counsel for chicago Title and is as follows: We will consider deleting this agreement as an exception if: (i) each of the two cities executes a writing terminating the C , agreement; (ii) satisfactory evidence of the respective city / 77�� � official to bind the city in the agreement is provided (that is, -` evidence to bind without the support of a city council resolution) ; and (iii) the agreement states facts to support the right to terminate (e.g., failure of condition precedent such as failure to enter into TRA agreement, and/or failure of joint venture to timely file the requisite plat, and/or the presence of indepenAPnt water/sewer supplies so that the need for the agreement does not exist.) If the proposal is for the cities to state their . "intent" to terminate (prospective) , then we would not be willing to delete the exception. xc: Donna Gulledge (via fax) 4111 • If you have trouble. receiving all pages, please call me at the 0 abaft pne nu =s. 5C-6 • • MAR 2 51987 WATER AND SANITARY SEWER AGREEMENT _. PUB.I,IC WORKS DEPT. • :< This Water and Sanitary Sewer Agreement ("Agreement") is entered Into this 12 th day of February 1987, among the City of Grapevine, Texas; , the a-of Southlake, Texas and Grapevine/Highway 26 Joint Venture. WHEREAS, Grapevine/Highway 26 Joint Venture ("Joint Venture") is the owner of approximately 112 acres of land more particularly described in Exhibit "A", attached hereto and made a part hereof ("Property"); and WHEREAS, approximately 94 acres of the Property is in the City of Grapevine("Grapevine Property") and approximately 18 acres of the Property is in the City of Southlake ("Southlake Property");•and WHEREAS, the City of Grapevine ("Grapevine") and the City of Southlake ('Southlake") (collectively, the "Cities") and the Joint Venture desire to enter • into this Agreement to: allow for the uniform development of the Property on a timely basis; prevent the duplication of utility services; provide for the more marketable development of the Property; increase the tax base of both Cities; provide temporary water service to the Southlake Property; and allow a fire emergency water supply to the Grapevine Property and the Southlake Property; and WHEREAS, the parties desire therefore to set forth their agreements relating to the construction and use of certain water and sewer facilities (the "Facilities") as set forth on the Plans (herein so called) attached hereto as Exhibit "B" and incorporated herein by reference, along the following general lines: A. The Joint Venture will construct a 12-inch water line under State Highway 26 and along the north side of Continental Drive through a meter which will be installed by the Joint Venture at the intersection of Continental Boulevard and Industrial Boulevard. From this meter, the Joint Venture will • construct a 12-inch water line which will run under Continental Boulevard and connect to the water line constructed by the Joint Venture to provide water service to the Southlake Property. B. The Joint Venture will construct a 12-inch water line from Southlake to Grapevine on Commerce Street. The Joint Venture will install a meter with two-way water service at the city limit line between Grapevine and Southlake. This connection will provide two-way fire emergency water service between Grapevine and Southlake and will also be used to reimburse Grapevine for its water used in servicing the Southlake Property. Based on the water usage on the Southlake Property as determined by periodic reading of the water meters of the users on that Property, Southlake shall reimburse Grapevine by allowing an equal amount of water to be metered from the Southlake water supply Into the Grapevine water supply. An outer loop water system which will be installed by the Joint Venture on the Property at the city limit line in the same general location as the meter with two-way water service will be used to monitor the - water flow from Southlake to Grapevine. The system valve will remain open and • will be adjusted as frequently as readings are made to match the water usage on the Southlake Property. Southlake may charge the users on the Southlake Property a reasonable service charge for the cost of administering this process. C. During the development of the Southlake Property, the Joint Venture will construct 12-inch water lines along the south side of Continental Drive and along the southern Property line extending to the western boundary of the Property. These water lines will be eventually tied into a looped water system when development occurs in Southlake to the west of the Property and the Southlake water supply can be brought directly to the Southlake Property. D. Sanitary sewer service will be provided to the Property by the Trinity River Authority ("TRA"). Grapevine has an agreement with the Trinity River Authority to provide sanitary sewer service to the area including the Grapevine Property. Southlake is in the process of securing an agreement (the • "TRA Agreement") with the Trinity River Authority to provide sanitary sewer service to the area including the Southlake Property. The Joint Venture will 5C-7 construct an 8-inch sanitary sewer line which will run under State Highway 26 to the 8-inch sanitary sewer line in Grapevine. The Joint Venture will install a • metering manhole at the intersection of Continental Boulevard and State Highway 26 and a meter at the city limit line in order for Grapevine and • Southlake to monitor the sewage flowing from the Southlake Property to the Grapevine sanitary sewer system to the Trinity River Authority facilities. Grapevine and Southlake shall each be solely responsible for compliance with • their respective agreements with the TRA and for the billing and collecting of user charges for the sewer service provided to the users located within their respective boundaries. This sanitary sewer system will not become operational until Southlake and the Trinity River Authority enter Into the TRA Agreement. WHEREAS, Southlake and Grapevine are empowered to enter into this Agreement pursuant to the Texas Interlocal Cooperation Act, V.A.T.S. Art. 4413 (32c) (the "Act"); the laws of the State of Texas, and home rule powers. NOW, THEREFORE, for the consideration of the benefits conferred as described herein and for other good and valuable consideration, the receipt thereof being hereby acknowledged, Grapevine, Southlake and the Joint Venture hereby agree as follows: I. All matters stated in the recitals and preamble to this Agreement are found to be true and correct and are hereby incorporated into the body of this Agreement as agreements of the parties hereto, the same as If copied herein in their entirety. II. The Joint Venture intends to commence construction of the Facilities on or before January 1, 1988. . • All construction shall be in conformity with applicable construction standards of Grapevine. All plans and specifications shall be approved in advance by Grapevine and Southlake. Unless otherwise agreed between Grapevine and Southlake, all meters, meter vaults, valves and manholes will be located within the city limits of Grapevine, at the Grapevine/Southlake Boundary, or on easements granted to Grapevine, as determined by Grapevine. III. . . Except as otherwise provided below, all meter readings to establish or verify the flow of water or sewerage between Southlake and Grapevine, and all valve openings, closings and adjustments affecting such flow ("readings and adjustments") shall be made by representatives of Grapevine in the presence of a representative of Southlake. Except as otherwise provided herein, Southlake and Grapevine shall each be responsible for maintenance of the Facilities located within their respective boundaries. Grapevine shall be responsible for maintenance of all manholes, meters, vaults and valves• installed by the Joint Venture pursuant to this Agreement within the boundaries of Grapevine or on easements to be granted to Grapevine, as shown on the Plans. Southlake shall reimburse Grapevine for all reasonable direct and indirect costs incurred by it for readings and adjustments and in maintaining manholes, meters, vaults and valves pursuant to the preceding sentence and necessary to provide water service to the Southlake Property until such time as Southlake has established an independent water supply for the Southlake Property; thereafter, such costs shall be borne equally by Grapevine and Southlake. IV. Southlake agrees to pay to Grapevine a usage fee equal to $.10 per 1,000 gallons of sewage flowing_ into GrapevIne's sanitary sewage system from the Southlake Property to defray maintenance costs attributable to such usage; • provided that for calendar years beginning after December 31, 1987, Grapevine 5C-8 may increase said fee to an amount sufficient to recover a pro rata share (based on the flow from Southlake as a percentage of the total flow through Grapevine's line, of the projected actual direct and indirect costs incurred by • Grapevine for maintenance of its line. Any such increase shall be specified in a notice from Grapevine to Southlake delivered on or before November 30th of the year preceding the year of the increase. V. Grapevine and Southlake shall cooperate and use all reasonable efforts to conduct readings and adjustments at mutually agreeable times; however, if no agreement is reached, readings and adjustments may be made by Grapevine at a time, during normal business hours, specified upon 72-hours prior written notice to Southlake. In the ease of an emergency, i.e., a situation which requires immediate action to avoid material damage to life, health or property), valve adjustments may be made by a representative of either City after notice to the other City which is reasonable under the circumstances. VI. Southlake hereby covenants and agrees: (i) To comply with all agreements, laws and governmental regulations applicable to the Facilities located within its boundaries (including, without limitation, the TRA Agreement and all other agreements with, and regulations of, the TRA); (ii) not to cause or permit the Facilities located within its boundaries to serve or be connected to any property other than the Southlake Property; (iii) to use its best efforts to enter into the TRA Agreement as soon as reasonably practicable; • (iv) to use its best efforts to encourage expeditious development of property. adjoining the Southlake Property in a manner that will permit Southlake to develop an independent water supply for the Southlake Property; (v) to pay all sums due and owing to Grapevine pursuant to this Agreement within thirty (30) days of receipt of an Invoice from Grapevine; and (vi) to permit Grapevine to inspect the Facilities on the Southlake Property as necessary to assure that adequate measures are being taken to prevent contamination or pollution of water entering Grapevine's water system. VII. The obligation of Grapevine to supply water to Southlake on a regular basis shall terminate at such time as Southlake has established an independent water supply for the Southlake Property. Thereafter, Grapevine and Southlake, each agree to use their best efforts to make water reasonably available to the other upon and during the occurrence of any of the following events: (i) A failure of a major pumping facility of either City; (ii) an involuntary disruption of a major source of supply of water of either City; (iii) a major break in the water distribution system of either City; or (iv) a major disaster which depletes or destroys water storage facilities of either City. • • 5C-9 This Agreement may be terminated, modified or amended: (i) By mutual agreement of Grapevine, Southlake and the Joint Venture prior to completion of the Facilities; • (ii) thereafter, bymutual agreement of Grapevine and Southlake; g (iii) by Grapevine, in the event the Joint Venture has not filed an approved final plat of the Grapevine Property on or before July 21, 1987; or (iv) at any time by any party upon the occurrence of a breach by any other party of any of the terms, covenants and conditions set forth herein, which breach is not cured within ninety (90) days after notice given by the terminating of party to the other parties hereto. IX. This Agreement may be terminated as of December 31, 1992, or any one (1) year anniversary thereafter, by resolution of the City Council of Grapevine or Southlake, as the case may be, adopted and delivered to the other City and the Joint Venture, on or before June 30th of the year of termination. X. Pursuant to Section 4(b) of the Act, all payments by Grapevine or Southlake, as the case may be, for the performance of governmental functions or services shall be made from current revenues available to the paying party. XI. The location of water and sewer systems as described in this Agreement are shown on the Plans. In case any conflict arises over the interpretation of this Agreement and the Plans, this Agreement will control. S XII. This Agreement shall be governed and construed in accordance with the laws of the State of Texas and the obligations of the parties are and shall be performable in Tarrant County, Texas. XIII. If any provision of this Agreement shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Agreement as a • whole or any part or provision thereof, other than that parts so decided to be invalid or unconstitutional. XIV. This Agreement shall be binding upon the parties hereto, their respective heirs, legal representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. effective as of the day, month and year first hereinabove written. CITY OF GRAPEVINE • Thomas D. Powers, ayor• 5C-10 ATTESTED: ' ' ' • 64frui_e_Lvs0 CirV APPROVED AS TO FORM: 64.111ACI— :ty Attorney ' CITY OF SOUTHLAKE • By: y , ., ayor t ATTESTED: \ . ,..42///2"A X L1/21-} • City Secretary APPROVED AS TO FORM: • City ttorney GRAPEVINE/HIGHWAY 26 JOINT VENTURE, a Texas Joint Venture Watson&Taylor Realty Co., Managing Venturer By: Presid THE STATE OF TEXAS § § . COUNTY OF TARRANT § This instrument was acknowledged before me on the a 0 day of • 44/1 , 19 c(7 , by Thomas D. Powers, Mayor o_f the City of Grap me, on half of said city. . Notar �lic'- State of as Y My Commission Expires: S . 5C-11 / THE STATE OF TEXAS § ' COUNTY OF TARRANT § • This instrument weds acknowledged before me on the •/Z day of ' �;�, A.�. 19 d 7 , by Lloyd O. Latta, Jr., Mayor of Southlake, on behalf of aid city. • • b ary - Sta e o exr My Commission Expires: • • THE STATE OF TEXAS § • COUNTY OF 0r fi .6i § • This instrument was acknowledged before! me o the p•.±4 day of i.ls.l:I, 19V7 , by L.ct:itJ• , 4i1 0 , on behalf of aid Grapevibeflhighway 26 Joint Venture, a Texas Joint Venture. 4A.; No ar Public - State of.. ;itA) exas ' My Commission Expires: • • • • •• •• • • • . . • • • • 5C-12 - 6 • - EXHIBIT A FIELD NOTE DESCRIPTION \' BEING a 112.253 acre tract of land situated in the Thomas Easter Survey, Abstract S No. 474 and the P.R. Splane Survey, Abstract No. 1453 in the City of Grapevine, Tarrant County, Texas and being a portion of a 73.45 acre tract of land conveyed to Robert M. Struwe, Trustee for Natalee Webster by deed recorded in Volume 1038, Page 009 of the Deed Records of Tarrant County, Texas (DRTCT), and being all of the following three tracts of land: 17.4 acre tract of land conveyed to William R. McKee as recorded in Volume 2668, Page 486 (DRTCT), 7.5 acre tract of land conveyed to Natalee S. Webster by deed recorded in Volume 5819, Page 811 (DRTCT), Lot 10A of the Replat of Grapevine Industrial Park according to the plat recorded in Volume 388-140, Page 084 of the Plat Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod with a plastic cap found in the northwesterly . right-of-way line of the Southwestern and St. Louis Railroad (100 feet wide) and being the southeast corner of said Lot 10A; , THENCE along the northwesterly right-of-way line of said Southwestern and St. Louis Railroad as follows: • Continuing along the southeasterly line of said Lot 10A,•South 58°58'00" West a distance of 1343.30 feet to a 3/4 inch iron rod found for the southwest corner of said Lot 10A; , South 58°30'28" West a distance of 676.89 feet passing a 1/2 inch iron rod found for the southeast corner of said 17.4 acre tract of land in all a total distance of 2177.11 feet to a 5/8 inch iron rod set for corner; South 56°52'37" West a distance of 302.17 feet to a 1/2 inch iron rod found for the southwest corner of said 17.4 acre tract of land and for the southeast corner of a tract of land conveyed to W. Ray Wallace by deed recorded in Volume 5487, Page 293 (DRTCT); THENCE departing the northwesterly right-of-way line of said Southwestern and S St. Louis Railroad and following the east line of said W. Ray Wallace tract of land, North 00°12'56"East a distance of 2508.58 feet to a 5/8 inch iron rod set in a fence in the south line of a tract of land conveyed to Charles Evans by deed recorded in. Volume 6282, Page 671 and Volume 6282, Page 667 (DRTCT) and being the northwest' corner of said 73.45 acre tract of land; THENCE along the north line of said 73.45 acre tract of land and with said fence as follows: • Continuing along the south line of said Charles Evans tract of land, North 89°59'56" East a distance of 706.94 feet to a 1/2 inch iron rod found in a fence for the southeast corner of said Charles Evans tract and the southwest corner of a 54.88 acre tract of land conveyed to Pollard Simmons by deed recorded in Volume 4737, Page 654 (DRTCT); Along the southerly line of said 54.88 acre tract of land, North 89°59'56"East a distance of 1184.39 feet to a one inch iron rod found for the southeast corner of said 54.88 acre tract of land and the southwest corner of a 45.271 acre tract of land conveyed to OPI Inc. by deed recorded in Volume 7197, Page 757 (DRTCT); • Along the southerly line of said 45.271 acre tract of land, North 89°59'56"East a distance of 149.67 feet to a 1/2 inch iron rod found for the northeast corner of said 73.45 acre tract of land and the northwest corner of said Lot 10A; • S . . • ,. 5C-13 • ', • THENCE along the northerly line of said Lot 10A as follows: \ • Continuing along the southerly line of said 45.271 acre tract, • North 89°29'51" East a distance of 445.06 feet to a 5/8 inch iron rod found for the southeast corner of said 45.271 acres tract of land and the southwest corner of Lot 9A of said Replat of Grapevine Industrial Park; • Along the southerly line of said Lot 9A, South 89°51'28"East a distance of 443.24 feet to a 5/8 inch iron rod with a plastic cap found for the southeast corner of said Lot 9A; North 89°49'02" East a distance of 60.29 feet passing a 5/8 inch iron rod found for the southwest corner of Lot 7 of Grapevine Industrial Park an addition to the City of Grapevine as recorded in Volume 388-111, Page 002 (DRTCT) in all a total distance of 320.03 feet to a 5/8 inch iron rod found with a plastic cap for the southwest corner of said Lot 7 and the northeast corner of said Lot 10A; THENCE along the easterly line of said Lot 10A, South 00°12'00"East a distance of 517.50 feet to the POINT OF BEGINNING of the herein described tract of land; • CONTAINING within these metes and bounds 112.253 acres or 4,889,740 square feet of land, more or less. • • • 5C-14 RESOLUTION NO.97-11 • A RESOLUTION TERMINATING AN INTERLOCAL WATER AND SANITARY SEWER AGREEMENT WITH THE CITY OF GRAPEVINE FOR SERVICE TO HERITAGE INDUSTRIAL PARK, AND TAKE ANY NECESSARY ACTION. Whereas, the City of Grapevine, the City of Southlake, and the Trammell Crow Company, the successor to the Grapevine/Highway 26 Joint Venture, are parties to a Water and Sanitary Sewer Agreement dated February 12, 1987; and Whereas,the Trammell Crow Company(CRI Industrial Development,L.P.) • is the current owner/developer of approximately 112 acres of land (Heritage Industrial Park)of which approximately 94 acres is located in the City of Grapevine and approximately 18 acres is located in the City of Southlake; and Whereas, the above referenced agreement proposed to provide temporary water service to the Southlake Property and allow a fire emergency water supply to both the Grapevine Property and the Southlake Property; and Whereas,the water and sanitary sewer infrastructure systems within the two cities have expanded in the past ten years surrounding this 112 acres of land; and 111 5C-15 Whereas, the Trammell Crow representatives have requested that the two • theWater and SanitarySewer Agreement and has submitted cities terminate h gr construction plans which proposes to extend water and sanitary sewer facilities to serve the Southlake Property and the fire emergency water supply connection between the Cities is no longer necessary at this location. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1 That all matters stated in the preamble are true and correct and are incorporated herein as if copied in their entirely. • SECTION 2 That the City Council hereby authorizes the termination of the Water and Sanitary Sewer Agreement. SECTION 3 That this resolution shall become effective from and after the date of its passage. 5C-16 • PASSED AND APPROVED ON THIS day of 1997. Mayor Attest: City Secretary D:\W P-FILES\RES\97-011.RES • • 5C-17 City of South lake,Texas IliMEMORANDUM January 31, 1997 TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Recreation RE: Authorize the Mayor to enter into a Facilities Utilization Agreement between the City of Southlake and Southlake Girl's Softball Association As you know, the City annually enters into Facility Utilization Agreements with our local youth sports associations. This agreement outlines dates and location of practices and games of each youth association. It also outlines the responsibilities of the City and the Association in terms of _maintenance,storage, equipment and concessions. These-agreements are-negotiated-each year with - - - the Parks and Recreation staff and the association's officers. The Parks and Recreation Board reviews the agreements and recommends action to the City Council. As you know the Board on January 20, approved changes to the hours of the facility usage agreements for baseball and softball (see attached minutes) due to concerns expressed from the neighborhood. The following day, staff contacted the associations about changes to the agreements S and they immediately began contacting the City Council expressing their objections. At the January 21 City Council meeting, Vicki Johnson asked that the agreements be tabled on the City Council agenda. Vicki Johnson, Gary Beyer,Kathy Schaeffer,baseball and softball meet Thursday, January 23 to discuss the changes recommended by the Park Board. This group now has a counter proposal to present to the Park Board Monday, February 3. In the City Council packet are the agreements with the Park Board recommendations. Sections are `highlighted/strikeout' as to the counter proposal discussed and agreed to by the associations and the neighborhood. Park Board's recommendation will be presented to the City Council Tuesday during their work session. The City Attorney has reviewed the agreements and changes have been made. Please put an item on the February 4 City Council agenda for City Council to authorize the Mayor to enter into a Facilities Utilization Agreement between the City of Southlake and Southlake Girl's Softball Association. If you have any questions please call me at 481-5581 extension 757. 41L KML S . 5 Q --1 , 0 FACILITIES UTILIZATION AGREEMENT The parties to this agreement are the City of Southlake, Texas, herein called "City", and the Southlake Girls Softball Association, herein called "SGSA." FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide game fields and practice fields as defined by Exhibit "E", SGSA Field requirements. Field requirements and dates for Spring and Fall seasons shall be provided by SGSA to City at least 90 days before opening day of a season. Facilities in Exhibit "E" are herein called "Premises" in accordance with the terms of this agreement. II. SEASONS AND HOURS The seasons of this agreement shall be annually for Spring Season, Fall Season and tournaments on the days of Monday through Saturday, with each facility usage to not begin before 4:00 PM on weekdays or 8:30AM on Saturdays, and 12:00pm on 0 Sundays. The following are approximate dates for significant activities: Spring FALL Coach Look February 8, 15 & 22 2nd weekend in August Practice Begins February 23 3rd week in August Opening Day March 29 2nd weekend in September End of Regular Season June 30, 1997 2nd weekend in November III. RENEWAL OR TERMINATION This agreement must be renewed on an annual basis on January 1 of each year, with SGSA having the right of first refusal to enter into a new agreement. Changes in the agreement must be requested 90 days prior to the renewal date by either party. Written notification by the City must be provided to the President of SGSA at their residence. Written notification by SGSA must be provided to the City Manager, City of Southlake at City Hall. In the event SGSA terminates this agreement, SGSA will remove its own movable equipment which is not of a permanent nature upon non-renewal of this agreement within thirty (30) days. S Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 1 OF 16 Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 5D-z , • IIIIV. FEES AND ASSIGNMENT SGSA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) SGSA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. SGSA agrees to provide signs clearly indicating donations are requested only for the SGSA activity occurring on Premises. Access to other Premises activities shall be clearly available. SGSA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. V. UNLAWFUL ACTIVITIES SGSA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or,use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. VI. PERMISSION FOR INSTALLATION OR CONSTRUCTION SGSA, in accordance with the City's Donation Policy shall submit to the Parks and Recreation Board for approval any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. Permanent structures shall become the property of the City. SGSA is allowed a maximum of two (2) signs listing GSA sponsors for the current and 0 previous year. Signs are not to exceed the size of (4 feet by 8 feet). VII. INDEMNITY SGSA shall indemnify and hold harmless the City of Southlake, its agents, officials and employees from any and all claims for bodily injury, illness, death, personal injury or property damage arising out of any negligent act or omission committed by SGSA officials, players, members, officers, or employees of the City in connection with the activities conducted under this Agreement. This indemnification shall specifically include any claims arising from the negligence of the City, its agents, officials and employees. Nothing contained herein shall be construed to limit or waive any governmental or sovereign immunity of the City of Southlake or any immunity applicable to its officers, agents, servants or employees, nor shall it be construed to limit or waive any insurance coverage or the City's status as an additional named insured as provided in paragraph XII of this agreement. S Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 2 OF 16 Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 5D -3 VIII. FOOD SERVICE, . S All food or drink prepared, served, sold, or stored shall be done so in strict conformity with all city, state, county and federal law. IX. DOCUMENTS AND OFFICERS SGSA shall submit to the Southlake Parks and Recreation Department a copy of rules and regulations, charters, constitution, and by-laws of SGSA. Names, addresses and phone numbers of all officers and board members of SGSA shall also be submitted to the Parks and Recreation Department within two weeks after election or appointment. Southlake Parks and Recreation Department shall submit to SGSA the Names, addresses and phone numbers of all Parks and Recreation Department supervisors and directors and Parks Board members within two weeks after election or appointment. X. ROSTERS AND SCHEDULES SGSA shall furnish the Parks and Recreation Department the number of players by age and division and zip code within one week following Opening Day of each season. A full schedule for the season will be submitted, if available one full week prior to Opening Day of each season. If full schedule is not available, SGSA will submit one month's schedule, one full week Sprior to those scheduled games. Xl. FIELD MANAGER SGSA shall furnish the Parks and Recreation Department the names and telephone numbers of persons designated as field managers. It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Department representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Department to request any maintenance not specifically mentioned within this agreement and/or needed repairs or supplies. The SGSA Field Manager shall meet before each season with the Parks Supervisor to be briefed on maintenance procedures and techniques. XII. INSURANCE SGSA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect SGSA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall protect CITY from and against all liability for claims arising S Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 3 OF 16 Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 5D -4 • 0 out of or in connection with SGSA's use and occupation of the premises. SGSA agrees to procure insurance to cover accident medical expenses for all players. This insurance benefit will be designed to pay the excess of any expenses payable by other valid and collectible insurance to an insured person for an injury caused by a covered accident. Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000 - Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage, or on a Per Occurrence Basis. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake, for their adequacy as to content, protection and named insurance company. SGSA shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by SGSA at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. SGSA understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be a cause for termination of this Agreement. Insurance required by this Agreement for the-CITY as additional insured shall be primary • insurance and not contributing with any other insurance available to CITY under any third party liability policy. SGSA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. XIII. LIMIT ON HOURS OF PLAY & PRACTICE SGSA agrees to sto playb .:. .40 >::>1:0 3QP ; ., ay.. :: ...:. . »,; :.::. :.: : ...: : oi: a- .. , t�da�t�;..:::...:.:..::.. Mon Sut�day,thru.Tnut•sday, and 1� 30PM anFrtday:anc�:Saturday. No full inning or session should begin past ::0:;30 P.M:or Sunday>thru,:Ti ursda.. and:::1:.Q.:30:......on 1:0:00PM::on.<Sunda : .. ::::::: .. Y, :::::.:.... ...............:.... ............. .............................:...:...:...n:..... ::thru::`fhurs.tla ;:>anct<:>1:1:>QOPM::>on::::Fr"rda. aiid Rev.Date 1/6/97 S Print Date 1/6/97FACILITIES UTILIZATION AGREEMENT PAGE 4 OF 16 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 5 D--5 • XIV. PUBLIC ADDRESS SYSTEM No.Public address system may be used after 8:00 PM on Monday thru Sunday. XV. COMMISSIONER SGSA agrees to provide a league representative on-site at each SGSA organized league or tournament game held on the premises. XVI. EXHIBITS The City and SGSA agree that the exhibits attached to this agreement are incorporated into this agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. STORAGE FACILITIES AGREEMENT "C" City Storage Location Assignments 4. EQUIPMENT AGREEMENT "D" 1997 Equipment List and Requirements 5. SGSA FIELD REQUIREMENTS "E" 1997 Field Requirements 6. Concession Stand "F" 1997 Concession XVII. SCHEDULING The City reserves the right to utilize the premises when SGSA activities are not scheduled. If SGSA fails to use the premises for its scheduled activities, this agreement is terminated. • XVIII. DEFAULT If either party, City or SGSA, violates any term of this agreement, either party may find the other in default and terminate the agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. • Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 5 OF 16 Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION • This agreement is made and entered into on the day of , 1997. CITY of SOUTHLAKE by: Sandra LeGrand, City Secretary Rick Stacy, Mayor City of Southlake Approved as to form _ Debbie Orzec£h,._President City Attorney Southlake Girls Softball Association This agreement approved by the Board of Directors, Southlake Girls Softball Association, and entered into the minutes of the Board meeting held , 1997. S Secretary Southlake Girls Softball Association S Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 6 OF 16 Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION • • S EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The Parks and Recreation Department (City) shall maintain at competition quality the infield and all turf areas in the outfield to include mowing, weed control, fertilizing and herbicide spraying. 2. The City shall perform all pre-season clay and turf maintenance to include adding soil conditioners, clay renovation, and cutting infield arcs. The City shall also provide clay, sand, soil, etc. to be used in leveling or back filling low areas when deemed necessary. 3. The City shall drag the infields Monday thru Friday, and on Saturday mornings for scheduled league play, weather permitting. SGSA shall be responsible for dragging fields for all games on Saturdays after the intial dragging and lining by park staff for the first morning game. SGSA shall apply water and stripe as required during Saturday games. • 4. SGSA shall be responsible for payment of any damage caused to the fields with regards to the dragging of the infields if found to be caused by SGSA. This includes but is not limited to sprinklers heads, bases, base pegs, quick couplers, and the outfield grass apron. SGSA shall leave a space of one (1) foot between all edges of the outfield when dragging the infield. S 5. All equipment used by SGSA must be approved by the Parks and Recreation Department and all users must complete a training course provided by the parks maintenance employees prior to the beginning of the season. Only users who have attended the training and signed the waiver with the Parks Department will be able to drag the fields. 6. The City shall mark all foul lines. 7. The City shall maintain all backstops, fences and gates in a safe and secure condition. SGSA will ensure that the fencing will not be used for warm-up hitting causing damage. 8. The City shall maintain all bleachers and dugouts in a safe and secure condition. 9. The City shall provide and maintain all area and ball field lighting systems. , 10.The City shall be responsible for the maintenance of any infield irrigation system and watering of the infield. If field conditions warrant additional watering, SGSA may water as needed. City will provide the quick coupler connections to Association at the beginning of the season. 11.The City shall be responsible for the maintenance of any outfield and adjacent park irrigation systems and the watering of the outfield and of non-athletic turf area. 0 Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 7 OF 16 Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 12.The City shall maintain the rest rooms in a safe and sanitary condition. • 1 3.The City shall be responsible for all public scoreboards and the lines leading to the scoreboards. SGSA shall maintain and provide any repairs to the scoreboard control boxes and pay for replacement of the scoreboard control boxes if misplaced or lost by SGSA. Scoreboard control boxes will be distributed through the Parks and Recreation office before the activity or season begins. Boxes-are to be returned to the Parks and Recreation office within one week of the activity or season's completion. 14.The City shall provide and install the home plate and base pegs. 15.The City shall be responsible for chalking of baselines and any other field markings necessary for scheduled league play, Monday through Friday. The City shall provide line chalk for the purposes of completing these markings only on fields maintained and scheduled through the City. SGSA may drag and line fields between games as necessary. SGSA shall provide line chalk for its own additional uses and may line fields as needed in addition to the above. SGSA shall provide necessary maintenance equipment for its use. Maintenance procedures and equipment should conform to City approval and field maintenance guidelines. The city shall provide 40 bags of chalk for the spring season and 25 bags of chalk for the fall season for striping of the infields. Any additional bags of chalk must be purchased by SGSA for the remainder of the season. , 0 16.SGSA shall place bases and pitchers rubbers for each game. (City will provide bases and pitchers rubber for each field. Bases will be labeled City-SBA or City SGSA.) The City will install and maintain base pegs in ground, and provide necessary tools. If bases are stolen or lost, the association is responsible for replacement. SGSA will request and instruct coaches to remove and store bases and pitching rubber following completion of each day's play. At the end of the season, each association will return to the City one set of bases and pitching rubber for each field. 17.SGSA shall be responsible for daily game day collection of all litter on their fields to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the City. The City shall provide pick up for these receptacles '..; :...;:.;:.::..:.<04.4h>....e.;:....:.:.:.::..::.).#4. �";:;>::> l ;<::;:;:::`;::::::::>:::;>.. :;�:n . :::.::.:::.;be:::ef...:::..:::e::::::.a:::.:.:.:..::::.;:::..:::;.. l44.1. ::.,:..,:.;f.:...::.;.:;:::as,.;:It the;:...::,..;.:.::.::.;..: .::.: ::.:;..:nt.;.:.;:a:;.<:...:;.,,:::<:;:..,>:<::::.::.:>:..;_: <. QS t7... ...:............... 18.SGSA shall be prohibited from performing any maintenance to any turf or infield areas (except as stated in #3,4,5 above), without permission from the City. 19.SGSA shall ensure that all secured areas remain locked and/or are locked at the completion • of each activity. SGSA shall chain gates to the fields after the conclusion of all practices SRev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 8 OF 16 Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 5J - 9 • and games. The City will provide the Fields Manager keys necessary for emergency access to main gate(s) and to all field gates. 20.SGSA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this agreement. • • S Rev.Date 1/6/97 • FACILITIES UTILIZATION AGREEMENT PAGE 9 OF 16 Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION • i EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) - 1. The City will inspect Athletic Fields by 4:00 PM and will, if conditions warrant, consult with the appropriate SGSA Field Manager, Commissioner, or their designate, about the status of the field(s). The Parks Employee will have the final responsibility for canceling games with regards to field conditions for weekday games. 2. The Parks and Recreation Department representative will take responsibility for making a decision based upon field condition or weather. 0 3. After games have begun and inclement weather becomes a factor, the.urrmpires.and/or SGSA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. A Parks Department employee will monitor the weather and field conditions and consult with the appropriate SGSA Field Manager, Commissioner, or their designate, about the status of the field(s) by 7:30 am Saturday morning. Status for Saturday PM games will be reevaluated at 11:30am and the field decision will be made prior to Noon Saturday. The SGSA field manager will be notified immediately of any field closures. 4. After games have begun and inclement weather becomes a factor, the umpires and/or SGSA officials shall follow the same guidelines for deciding cancellation or postponement. • SRev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 10 OF 16 Print Date 1/6/97 SOUTHLAKE GIRLS SOFTBALL ASSOCIATION • 5D - II • • • CITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Supervisor responsible for athletic field maintenance, while working closely with the SGSA representative. 2. In the Parks Supervisor's absence, the Park Maintenance Team Leader shall make the decision concerning Athletic Field Closures. 3. The Park Maintenance Team Leader shall consult with the Parks Supervisor on any decision concerning athletic field closures. 4. In the absence of both the Parks Supervisor and the Park-Maintenance Team Leader, a person designated by the Parks Director shall make decisions concerning athletic field closures. NOTIFICATIONS 1. The appropriate SGSA Field Manager has the responsibility to notify the SGSA and the participants about the field closure decision. 2. The city staff will place notification of field conditions on the "field condition" phone line (481-5581 ext. 758 ) by 4:00 PM on weekdays and 9:00 am on weekends when activities are scheduled. 3. The maintenance crews will require a minimum of 24 hours prior notice of rescheduled games by SGSA. If 24 hour notice is not received the city will not prepare fields for use. 4. If a game is canceled due to rain, that game cannot be moved to another field without the approval of the Recreation Supervisor. 5. Associations are required to comply with and enforce all field signage posted on the fields to include the following "No Trespass" signage: a) Fields #2 and #3 "Entry beyond this point is forbidden except for persons in City-Sponsored Leagues or City Co-Sponsored athletic events. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) SRev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 11 OF 16 Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 5b— lZ • 0 b) Fields #1 "Game Field,Only - Entry upon this field is restricted to City Sponsored League Play or City Co-sponsored Athletic Events. Entry by others is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) c) Rain-outs "CLOSED FIELD - Entry upon this field is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) • 111 1111 Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 12 OF 16 Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION 1 D- 13 • EXHIBIT "C" STORAGE FACILITIES AGREEMENT 1. SGSA shall have use of the storage area located at Field #2 at Bicentennial Park. This storage building will be shared with the CISD Softball Program & Southlake Parks & Recreation Department. 2. The term of this agreement for storage usage shall be from January 1 through December 31 of year of the Facilities Agreement. 3. SGSA shall provide own security lock and provide City and CISD with a key allowing access in order to restock supplies needed by SGSA. 4. City storage areas are reserved for City purposes only and access is limited to City personnel. _ 4 • • Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 13 OF 16 Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT "D" 1997 EQUIPMENT LIST AND REQUIREMENTS • 1. The SGSA will be given the following equipment for use on Fields #1 thru #3 at Bicentennial Park: Equipment Condition 3 Sets of Hollywood Style Bases Good 3 Double First Base Good 1 Double First Base Tie Down Good 2 Pitching Rubbers Good 2 Pitching Rubbers-Youth Good 3 Clean Out Tools Good 9 Field Plugs Good 2. The above mentioned equipment will be distributed to SGSA at the start of the season and must be returned within one week of the end of the season. If any equipment is missing or damaged, SGSA is held responsible for the replacement of the missing or damaged equipment. 3. Keys will be distributed to SGSA at the beginning of the season to the main gates, fields, lights, and buildings. These keys must be returned to the parks and recreation office within one week of the conclusion of the season. S 4. SGSA is responsible for the care of all keys distributed to them. If a key is misplaced or lost, SGSA will be responsible for any costs involved with changing the locks. 0 5D--15 Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 14 OF 16 Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION DRAFT - DRAFT EXHIBIT "E" 1997 FIELD REQUIREMENTS SPRING Division Opening Estimated League Weeks of Weeks of Practices Day Teams Games Season Tournament per Week 8's 3/29/97 8, 14 10 4 1 10's 3/29/97 8 14 10 4 2 12's 3/29/97 8 14 10 4 2 14's 3/29/97 6 15 10 4 2 16's 3/29/97 4 - 12 9 — 4 2 FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bicentennial #1 No Practices -Game field 3/29/97 thru 6/30/97 • only • Bicentennial #2 2/8, 2/15, 2/22 3/29/97 thru 6/30/97 2/23/97 thru 6/30/97 Bicentennial #3 2/8, 2/15, 2/22 3/29/97 thru 6/30/97 2/23/97 thru 6/30/97 Carroll Intermediate 2/23/97 thru 6/30/97 Country Walk #2 & #4 2/23/97 thru 6/30/97 Durham Elementary #1 2/23/97 thru 6/30/97 • • � D-- 1 6 Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 15 OF 16 Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION EXHIBIT "F" 1997 CONCESSION AGREEMENT Sare understandingand agreement The parties to this request which inare the City of Southlake, Texas, herein called "City", and the Southlake Girls Softball Association, herein called "SGSA." The parties agree and understand to the following: 1. SGSA will at all times during the term of this agreement maintain the concession stand in a sanitary manner in compliance with City, County and State statutes and ordinances. 2. SGSA is responsible to ensure that the concession pass inspection by the County Health Department and that the health permit issued be posted in the concession stand. - 3. SGSA shall clear the area of all trash, garbage, paper, containers, litter, etc. generated by the concession stand. A dumpster and trash receptacles are furnished by the City. 4. The City will furnish SGSA one key to the concession stand. This key must be returned to the Parks and Recreation office within one week after the conclusion of the season. 5. The City shall be responsible for all water and electric bills for the concessions stand. 6. The City shall be responsible for underground utility line and pipes leading to and from the concession stand. The City is responsible for the building structure of the concession stand. The City shall be responsible for any mechanical maintenance or repairs on city owned equipment within the concession stand. S 7. SGSA shall be responsible for keeping on only the essential appliances during non- operating hours. Only refrigerators, freezers and ice machines may be left on. Air conditioners and lights shall be turned off when not in use. SGSA shall be responsible for the upkeep and maintenance of SGSA owned equipment. 8. SGSA shall be responsible for securing insurance for any inventory owned by Association. The City will not allow unsupervised admission to the concession stand during non use hours by SGSA. 9. The City Reserves the right to utilize the concession stand when not in use by SGSA. City agrees to provide 72 hour notice to SGSA prior to such use. 10.The City agrees to not allow harvesting of the ice machine on days with scheduled SGSA games. 11.The attachment "1997 Concessions Agreement" is for the concession stand located at 400 N. White Chapel. S 50 Rev.Date 1/6/97 FACILITIES UTILIZATION AGREEMENT PAGE 16 OF 16 Print Date 1/6/97 SOUTHLAKE GIRL'S SOFTBALL ASSOCIATION SGSA FIELD RESERVATION SCHEDULE ® SPRING 1997 FIELD DATES TIME Bicentennial Park Field #1 3/29-4/11 ..�,m Fr da' 6:3'0pm- <1.:0.Op i aa<3( i Saturda>8 3;0aiit-I :00`r t1 <34``m • Sunda i :0;11 0 0'" 4/12-6/3 0I=T1 '00 Friday 'Qf '- ``,>: <:1 3'0 • 4 Saturda"::;8:3;Oa 1 :A ,'m1::1 JO m There may be a possiblity of CHS hosting a playoff game at the end of the season. Dates TBA. Bicentennial Park Field #2 2/8, 2/15, 2/22 8:30am-10:00pm 2/23-4/11 Saturday>8:3Dam4 oopf tu3opm .4::.::::.Y.,:.::::::::•::;:::prn.;;10... ggiA 3; Pzn Field #2 is closed for CHS Softball on 2/27, 2/28, 3/7 4/4-6/13 Fridays 4:00pm-6:30pm 4/12-6/30 1 ».film ri-> 0 o0" i 1>t13;0 Friday:: 04p i-p 0p m ;Saturday;;8:<3 0ant: -6... �.}�..:11Q1 Sunda» 2 oo<; :<0 Bicentennial Park Field #3 2/8, 2/15, 2/22 8:OOam-10:OOpm 2/23-6/30 Friday4 00pm- :$0 fi4 130pzrm Saturday 8 3;fam-l10'0; i 30 m • Carroll Intermediate Game Field 2/23-6/30 T, Th, F 4pm-l0pm 111 Sat. & Sun. 12pm-lOpm Country Walk Field#2 & #4 2/23-6/30 M-F 4pm-dark Sat. & Sun. 8am-dark Durham Elementary#1 2/23-6/30 M-F 4pm-dark Sat. & Sun. 8am-dark • •le 55 i1 City of South lake,Texas MEMORANDUM January 31, 1997 TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Recreation RE: Authorize the Mayor to enter into a Facilities Utilization Agreement between the City of Southlake and Southlake Baseball Association As you know, the City annually enters into Facility Utilization Agreements with our local youth sports associations. This agreement outlines dates and location of practices and games of each youth association. It also outlines the responsibilities of the City and the Association in terms of maintenance, storage, equipment and concessions. These agreements are negotiated each year with the Parks and Recreation staff and the association's officers. The Parks and Recreation Board reviews the agreements and recommends action to the City Council. As you know the Board on January 20, approved changes to the hours of the facility usage agreements for baseball and softball (see attached minutes) due to concerns expressed from the neighborhood. The following day, staff contacted the associations about changes to the agreements and they immediately began contacting the City Council expressing their objections. At the January 21 City Council meeting, Vicki Johnson asked that the agreements be tabled on the City Council agenda. Vicki Johnson,Gary Beyer,Kathy Schaeffer,baseball and softball meet Thursday, January 23 to discuss the changes recommended by the Park Board. This group now has a counter proposal to present to the Park Board Monday, February 3. In the City Council packet are the agreements with the Park Board recommendations. Sections are `highlighted/strikeout' as to the counter proposal discussed and agreed to by the associations and the neighborhood. Park Board's recommendation will be presented to the City Council Tuesday during their work session. The City Attorney has reviewed the agreements and changes have been made. Please put an item on the February 4 City Council agenda for City Council to authorize the Mayor to enter into a Facilities Utilization Agreement between the City of Southlake and Southlake Baseball Association. If you have any questions please call me at 481-5581 extension 757. ZVI KML S FACILITIES UTILIZATION AGREEMENT • The parties to this agreement are the City of Southlake, Texas, herein called "City", and the Southlake Baseball Association, herein called "SBA". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide game fields and practice fields as defined by Exhibit "E", SBA Field requirements. Field requirements and dates for Spring and Fall seasons shall be provided by SBA to City at least 90 days prior to opening day-of a season. Facilities in Exhibit "E" are herein called "Premises" in accordance with the terms of this agreement. II. SEASONS AND HOURS The seasons of this agreement shall be annually for Spring Season, Fall Season and All Stars on the days of Monday through Saturday, with each facility usage to not begin before 4:00 PM on weekdays or 8:30 AM on Saturdays, and 12:00pm on Sundays. The following are approximate dates for significant activities: • • Spring Fall Coach Look February 8 & 22 Third Saturday, August. Practice Begins February 24 Last week of August Opening Day: Bronco, Pony, Shetland Pinto, Mustang March 31 First Saturday, September Colt, Palomino Close of school year First Saturday, September End of Regular Season Last day in May First Saturday, November All Stars June, July, first week of August The facilities provided by this agreement are herein called "Premises" in accordance with the terms of this agreement. Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 1 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. III. RENEWAL OR TERMINATION This agreement must be renewed on an annual basis on January 1 of each year, with i SBA having the right of first refusal to enter into a new agreement. Changes in the agreement must be requested 90 days prior to the renewal date by either party. Written notification by the City must be provided to the President of SBA at their residence. Written notification by SBA must be provided to the City Manager, City of Southlake at City Hall. In the event SBA terminates this agreement, SBA will remove its own movable equipment which is not of a permanent nature upon non-renewal of this agreement within thirty (30) days. IV. FEES AND ASSIGNMENT SBA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) SBA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. SBA agrees to provide signs clearly indicating donations are requested only for the SBA activity occurring on Premises. Access to other Premises activities shall be clearly available. SBA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. V. UNLAWFUL ACTIVITIES 0 SBA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. VI. PERMISSION FOR INSTALLATION OR CONSTRUCTION SBA, in accordance with the City's Donation Policy shall submit to the Parks and Recreation Board for approval any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. Permanent structures shall become the property of the City. SBA is allowed a maximum of two (2) signs listing SBA sponsors for the current and previous year. Signs are not to exceed the size of(4 feet by 8 feet). VII. INDEMNITY SBA shall indemnify and hold harmless the City of Southlake, its agents, officials and employees from any and all claims for bodily injury, illness, death, personal injury or property damage arising out of any negligent act or omission committed by SBA officials, players, members, officers, or employees of the City in connection with the activities conducted under this Agreement. This indemnification shall specifically include any claims arising from the negligence of the City, its agents, officials and 0 employees. Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 2 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. 5 Nothing contained herein shall be construed to limit or waive any governmental or S sovereign immunity of the City of Southlake or any immunity applicable to its officers, agents, servants or employees, nor shall it be construed to limit or waive any insurance coverage or the City's status as an additional named insured as provided in paragraph XII of this agreement. VIII. FOOD SERVICE All food or drink prepared, served, sold, or stored shall be done so in strict conformity with all city, state, county and federal law. See attachment "F" for concession stand uses. IX. DOCUMENTS AND OFFICERS SBA shall submit to the Southlake Parks and Recreation Department a copy of rules and regulations, charters, constitution, and by-laws of SBA. Names, addresses and phone numbers of all officers and board members of SBA shall also be submitted to the Parks and Recreation Department within two weeks after election or appointment. Southlake Parks and Recreation Department shall submit to SBA the Names, addresses and phone numbers of all Parks and Recreation Department supervisors and managers and Parks Board members within two weeks after election or appointment. IIIX. ROSTERS AND SCHEDULES SBA shall furnish the Parks and Recreation Department the number of players by age and division and zip code within one week following Opening Day of each season. A , full schedule for the season will be submitted, if available one full week prior to Opening Day of each season. If full schedule is not available, SBA will submit one month's schedule, one full week prior to those scheduled games. Xl. FIELD MANAGER SBA shall furnish the Parks and Recreation Department the names and telephone numbers of persons designated as field managers. It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Department representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Department to request any maintenance not specifically mentioned within this agreement and/or needed repairs or • supplies. The SBA Field Manager shall meet before each season with the Parks Supervisor to be briefed on maintenance procedures and techniques. S . Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 3 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. XII. INSURANCE SSBA at its own expense, shall obtain and keepin force duringtheterm of p this agreement public liability insurance as will protect SBA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall protect CITY from and against all liability for claims arising out of or in connection with SBA's use and occupation of the premises. SBA agrees to procure insurance to cover accident medial expenses for all players. This insurance benefit will be designed to pay the excess of any expenses payable by other valid and collectible insurance to an insured person for an injury caused by a covered accident. Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and limit of insurance is as follows: TYPE MINIMUM LIMIT III Comprehensive General $1,000,000-Combined Single Limit Coverage Public Liability For Bodily Injury and Property Damage, or On a Per Occurrence Basis All insurance policies shall be subject to the examination and approval of the Office of the City Manager for Southlake, for their adequacy as to content, protection and named insurance company. SBA shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by SBA at the City of Southlake Park Facilities, whichever comes first. SBA understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under this Article shall be a cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional insured shall be . primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. SBA further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an_insured, as its interest may appear. IIIB. Be provided with a waiver of subrogation, in its favor. Rev.Date.1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 4 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. S SBA agrees to procure insurance to,cover accident medical expenses for all players. This insurance benefit will be designed to pay the excess of any expenses payable by other valid and collectible insurance to an insured person for an injury caused by a covered accident. XIII. LIMIT ON HOURS OF PLAY & PRACTICE SBA agrees to stopplayby • • > : : : :' . : : : :: M030P::.M oSundaY ru T.::husdaY a 1t.:.�OPMo .;.:F:::•:r d.::a Ya.:.:nc Saturday No full inning or session should begin past : >30: , . . ; u.. . .: .t:o 'tE 00PM on Sunday tlirt.t Thursday, XIV. PUBLIC ADDRESS SYSTEM No Public address system may be used after 8:00 PM on Monday thru Sunday. XV. COMMISSIONER • 0 SBA agrees to provide a league representative on-site at each SBA organized league or tournament game held on the premises. _ XVI. EXHIBITS The City and SBA agree that the exhibits attached to this agreement are incorporated into this agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. STORAGE FACILITIES AGREEMENT "C" City Storage Location Assignments 4. EQUIPMENT AGREEMENT , "D" 1997 Equipment List and Requirements 5. SBA FIELD REQUIREMENTS "E" 1997 Field Requirements 6. Concession Stand "F" 1997 Concession IIIXVII. SCHEDULING Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 5 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. The City reserves the right to utilize the premises when SBA activities are not • scheduled. If SBA fails to use the premises for its scheduled activities, this agreement is terminated. XVIII. DEFAULT If either party, City or SBA, violates any term of this agreement, either party may find the other in default and terminate the agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. This agreement is made and entered into on the day of , 1997. CITY of SOUTH LAKE by: Sandra.LeGrand, City Secretary Rick Stacy, Mayor City of Southlake Approved as to form Jim Thomas, President City Attorney • Southlake Baseball Association III This agreement approved by the Board of Directors, Southlake Baseball Association, and entered into the minutes of the Board meeting held , 1997. Secretary Southlake Baseball Association III EXHIBIT "A" • Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 6 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. MAINTENANCE AGREEMENT FOR PUBLIC FIELDS S1. The Parks and Recreation Department (City) shall maintain at competition quality the infield and all turf areas in the outfield to include mowing, weed control, fertilizing and herbicide spraying. 2. The City shall perform all pre-season clay and turf maintenance to include adding soil conditioners, clay renovation, and cutting infield arcs and base paths. The City shall build the pitcher's mound if needed. The City shall also provide clay, sand, soil, etc. to be used in leveling or back filling low areas when deemed necessary. 3. The City shall drag the infields Monday thru Friday for scheduled league play, weather permitting. SBA shall be responsible for dragging fields for all games on Saturdays. SBA shall apply water and stripe as required during Saturday games. 4. SBA shall be responsible for payment of any damage caused to the fields with regards to the dragging of the infields. This includes but is not limited to sprinklers heads, bases, base pegs, quick couplers, and the outfield grass apron. SBA shall leave a space of one (1) foot between all edges of the outfield when dragging the infield. 5. All equipment used by SBA must be approved by the Parks and Recreation 0 Department and all users must complete a training course provided by the parks maintenance employees prior to the beginning of the season. Only users who have attended the training and signed the waiver with the Parks Department will be able to drag the fields. 6. The City shall mark all foul lines. 7. The City shall maintain all backstops, fences and gates in a safe and secure condition. SBA will ensure that the fencing will not be used for warm-up hitting causing damage. 8. The City shall maintain all bleachers and dugouts in a safe and secure condition. 9. The City shall provide and maintain all area and ball field lighting systems. 10.The City shall be responsible for the maintenance of any infield irrigation system and watering of the infield. If field conditions warrant additional watering, SBA may water as needed. City will provide the quick coupler connections to Association at the beginning of the season. 11.The City shall be responsible for the maintenance of any outfield and adjacent park irrigation systems and the watering of the outfield and of non-athletic turf areas. S Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 7 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. 12.The City shall maintain the rest rooms in a safe and sanitary condition. • 13.The Cityshall be responsible for allpublic scoreboards and the lines leadingto the P scoreboards. SBA shall maintain and provide any repairs to the scoreboard control boxes and pay for replacement of the scoreboard control boxes if misplaced or lost by SBA. Scoreboard control boxes will be distributed through the Parks and Recreation office before the activity or season begins. Boxes are to be returned to the Parks and Recreation office within one week of the activity or season's completion. 14.The City shall provide and install the home plate and base pegs. 15.The City shall be responsible for chalking of baselines and any other field markings necessary for scheduled league play, Monday through Friday. The City shall provide line chalk for the purposes of completing these markings only on fields maintained and scheduled through the City. SBA may drag and line fields between games as necessary. SBA shall provide line chalk for its own additional uses and may line fields as needed in addition to the above. SBA shall provide necessary maintenance equipment for its use. Maintenance procedures and equipment should conform to City approval and field maintenance guidelines. The city shall provide 60 bags of chalk for the spring season and 20 bags of chalk for the fall season for striping of the infields. Any additional bags of chalk must be purchased by SBA for rthe remainder of the season. 14.SBA shall place bases and pitchers rubbers for each game. (City will provide one set of bases and one pitcher's rubber for each field. Bases will be labeled City-SBA or City-SGSA) The City will install and maintain base pegs in ground, and provide necessary tools. If the bases are stolen or lost, the association is responsible for replacement. For Shetland division, the first base is to be a league approved double base. SBA will request and instruct coaches to remove and store bases and pitching rubber following completion of each day's play. At the end of the season each association will return one set of bases and pitching rubber for each field. 15.SBA shall be responsible for daily game day collection of all litter on their fields to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the City. The City shall provide pick up for these receptacles. the trash agreement has been met by SBA. , 16.SBA shall be prohibited from performing any maintenance to any turf or infield areas (except as stated in #13 above), without permission from the City. S . Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 8 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. 17.SBA shall ensure that all secured areas remain locked and/or are locked at the • completion of each activity. SBA shall chain gates to the fields after the conclusion of all practices and games. The City will provide the Fields Manager keys necessary for emergency access to main gate(s) and to all field gates. 18.SBA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this agreement. Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 9 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. EXHIBIT "B" • FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. • 2. Playing field too wet. ' 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) 1. The City will inspect Athletic Fields by 4:00 PM and will, if conditions warrant, consult with the appropriate SBA Field Manager, Commissioner, or their designate, about the status of the field(s). The Parks Employee will have the final responsibility for canceling games with regards to field conditions for weekday games. 2. The Parks and Recreation Department representative will take responsibility for making a decision based upon field condition or weather. S3.. After games have begun and inclement weather becomes.a factor, the umpires . - and/or SBA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) • 1. A Parks Department employee will monitor the weather and field conditions and consult with the appropriate SBA Field Manager, Commissioner, or their designate, about the status of the field(s) by 7:30 am Saturday morning. Status for Saturday PM games will be reevaluated at 11:30am and the field decision will be made prior to Noon Saturday. The SBA field manager will be notified immediately of any field closures. 2. After games have begun and inclement weather becomes a factor, the umpires and/or SBA officials shall follow the same guidelines for deciding cancellation or postponement. S • . Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 10 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. • CITY Staff Guidelines for Implementation • within the Park Maintenance staff, for makingfield 1. The primary responsibility, closure decisions rests with the Parks Supervisor responsible for athletic field maintenance. 2. In the Parks Supervisor's absence, the Park Maintenance Team Leader shall make the decision concerning Athletic Field Closures. 3. The Park Maintenance Team Leader shall consult with the Parks Supervisor on any decision concerning athletic field closures. 4. In the absence of both the Parks Supervisor and the Park Team Leader, a'person designated by the Paks Director shall make decisions concerning athletic field closures. NOTIFICATIONS 1. The appropriate SBA Field Manager has the responsibility to notify the SBA and the participants about the field closure decision. 2. The city staff will place notification of field conditions on the "field condition" phone line (481-5581 ext. 758 ) by 4:00 PM on weekdays and 9:00 am on weekends when activities are scheduled. 3. The maintenance crews will require a minimum of 24 hours prior notice of rescheduled games by SBA. If 24 hour notice is not received the City will not prepare fields for use. 4. If a game is canceled due to rain, that game cannot be moved to another field without the approval of the Recreation Supervisor. 5. Associations are required to comply with and enforce all field signage posted on the fields to include the following "No Trespass" signage: a) Fields #6 thru #9 "Entry beyond this point is forbidden except for persons in City-Sponsored Leagues or City Co-Sponsored athletic events. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) b) Fields #4 and #5 • "Game Field Only - Entry upon this field is restricted to City Sponsored League Play or City Co-sponsored Athletic Events. Entry by others is forbidden. • Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 11 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. (Up to $500 fine) c) Rain-outs "CLOSED FIELD - Entry upon this field is forbidden. Violators will be arrested and prosecuted pursuant to Texas Penal Code §30.05." (Up to $500 fine) • Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 12 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION.INC. • • EXHIBIT "C" STORAGE FACILITIES AGREEMENT 1. SBA shall have use of the storage area located at the new concession building. • This storage are will be shared with the Grape''ine Southlake Soccer Association and Southlake Parks and Recreation. 2. The term of this agreement for storage usage shall be from January 1 through December 31 of year of the Facilities Agreement. 3. The City will check out a key to SBA at the beginning of the season and the key . must be returned to the Parks and Recreation office within the first week after the conclusion of the season. 4. City storage areas are reservedfor City purposes only and access is limited to City personnel. S • • SI 5-E- 14 . Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 13 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. EXHIBIT "D" S 1997 EQUIPMENT LIST AND REQUIREMENTS 1. The SBA will be given the following equipment for use on Fields #1 thru 9 at Bicentennial Park: . Equipment Condition 4 Sets of Hollywood Style Bases Good 2 Sets Tie Down Bases Good 4 Pitching Rubbers Good 2 Pitching Rubbers-Youth Good . 6 Clean Out Tools Good 18 Field Plugs Good 2. The above mentioned equipment will be distributed to SBA at the start of the season and must be returned within one week of the end of the season. If any equipment is missing or damaged, SBA is held responsible for the replacement of the missing or damaged equipment. 3. Keys will be distributed to SBA at the beginning of the season to the main gates, fields, lights, and buildings. These keys must be returned to the parks and recreation office within one week of the conclusion of the season. 0 4. SBA is responsible for the care of all keys distributed to them. If a key is misplaced or lost, SBA will be responsible for any costs involved with changing the locks. • S -E.. - 1 S-- Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 14 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. EXHIBIT "E" 0 1997 FIELD REQUIREMENTS SPRING , Division Opening Estimated League Weeks of Weeks of Practices Day Teams Games Season Tournament per Week SHETLAND 3/31/97 14 8 8 2 1 PINTO 3/31/97 20 12 9 2 1.5 MUSTANG 3/31/97 18 14 9 2 1.5 BRONCO 3/31/97 13 16 10 2 2 PONY 3/31/97 12 18 10 2 2 COLT 6/1/97 3 16 8 2 1 - FIELD REQUIREMENTS: Fields Practice Dates Game Dates Pinto #4. Games Only-No Practice 3/31 thru 5/31 Pinto #5 Games Only-No Practice 3/31 thru 5/31 0 Bicentennial #6 2/8 & 2/22 3/31 thru 5/31 2/24 thru 5/31 Bicentennial #7 2/8 & 2/22 3/31 thru 5/31 2/24 thru 5/31 Bicentennial #8 2/8 & 2/22 3/31 thru 5/31 2/24 thru 5/31 Bicentennial #9 2/8 & 2/22 3/31 thru 5/31 2/24 thru 5/31 Carroll`Intermediate 2/24 thru 5/31 Practice only Durham #2 2/24 thru 5/31 3/31 thru 5/31 Country Walk #1 & 3 2/24 thru 5/31 3/31 thru 5/31 i Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 15 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. EXHIBIT "F" 1997 CONCESSION AGREEMENT ille parties to this request which are in understanding and agreement are the City of Southlake, Texas, herein called "City", and the Southlake Baseball Association, herein called "SBA." The parties agree and understand to the following: 1. SBA will at all times during the term of this agreement maintain the concession stand in a sanitary manner in compliance with City, County and State statutes and ordinances. 2. SBA is responsible to ensure that the concession pass inspection by the County Health Department and that the health permit issued be posted in the concession stand. 3. SBA shall clear the area of all trash, garbage, paper, containers,litter, etc. generated by the concession stand. A dumpster and trash receptacles are furnished by the City. 4. The City will furnish SBA one key to the concession stand. This key must be returned to the Parks and Recreation office within one week after the conclusion of the season. 5. The City shall be responsible for all water and electric bills for the concessions stand. 6. The City shall be responsible for underground utility line and pipes leading to and from the concession stand. The City is responsible for the building structure of the concession stand. The 0 City shall be responsible for any mechanical maintenance or repairs on city owned equipment within the concession stand. 7. SBA shall be responsible for keeping on only the essential appliances during non-operating hours. Only refrigerators, freezers and ice machines may be left on. Air conditioners and lights shall be turned off when not in use. SBA shall be responsible for the upkeep and maintenance of SBA owned equipment. 8. SBA shall be responsible for securing insurance for any inventory owned by Association. The City will not allow unsupervised admission to the concession stand during non use hours by SBA. 9. The City Reserves the right to utilize the concession stand when not in use by SBA. City agrees to provide 72 hour notice to SBA prior to such use. • 10.The City agrees to not allow harvesting of the ice machine on days with scheduled SBA games. 11.The attachment "1997 Concessions Agreement" is for the concession stand located at 450 W. Southlake Blvd. S . 5....,, _ ).7 Rev.Date 1/9/97 FACILITIES UTILIZATION AGREEMENT PAGE 16 OF 16 Print Date 1/9/97 SOUTHLAKE BASEBALL ASSOCIATION,INC. 410 SBA FIELD RESERVATION SCHEDULE SPRING 1997 FIELD DATES TIME Bicentennial Park Field #4 3/31 thru 5/31 M-F 4pm-dark Sat. & Sun. 8am-dark Bicentennial Park Field #5 3/31 thru 5/31 M-F 4pm-dark Sat. & Sun. 8am-dark Bicentennial Park Field #6 2/8 & 2/22 3.Oa-JG OOpm 2/24-5/31 M-Th 4011 <1,10 3`0':'rf < iil Saturday 8`3Da - r `p1`il Opm Sd ` 12 ........................................... Bicentennial Park Field #7 2/8 & 2/22 8 '0arri``1t 1 00 rrt 2/24-5/31 M 'Z 4pm—<_ 0thita kii Friday Bicentennial Park Field #8 2/8 & 2/22 O 49i100 2/24-5/31 Friday'4 0pp a Saturda"''<ii$>30a im- ? :l Bicentennial Park Field #9 2/8 & 2/22 ;S_3;0a1000r 2/24-5/31 Friday`40.60 ::::;:.1 13 Saturda 8at :.. ...;.:';110';'tri Country Walk Field #1 & 3 2/24-5/31 M-F 4pm-dark Sat. & Sun. 8am-dark Durham Elementary#2 2/24-5/31 M-F 4pm-dark Sat. & Sun. 8am-dark Sil Intermediate 2/24-5/31 M & W 4pm-10pm Sat. & Sun. 8am-noon 5 .—IS City of Southlake,Texas STAFF REPORT January 31, 1997 CASE NO: ZA 96-90 PROJECT: Second Reading/Ordinance No. 480-211 Rezoning and Concept Plan - Shady Oak Centre (Submitted as Southlake Professional Plaza) STAFF CONTACT: Karen Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Rezoning and Concept Plan for Shady Oak Centre, being approximately 2.95 acres situated in the Hiram Granberry Survey, Abstract No. 581, Tract 2C,as recorded in Volume 8374,Page 2186,Deed Records,Tarrant County, Texas. LOCATION: 521 W. Southlake Blvd., south of the intersection of Shady Oaks Drive and West Southlake Blvd. (F.M. 1709) OWNER: Marvin C. Kennedy APPLICANT: Larry D. Flynn CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "0-1" Office District AMENDED ZONING REQUEST: "S-P-2" Generalized Site Plan District with certain "0-1" uses LAND USE CATEGORY: Medium Density Residential (may include residential and limited low intensity office and/or retail uses) CORRIDOR RECOMMENDATIONr Residential (any Single Family district) NO. NOTICES SENT: Twenty-one (21) RESPONSES: Fourteen(14)written responses were received within the 200'notification area. * Steven and Kathy Sims, 101 Springbrook Ct., Southlake, Texas, opposed. "The granting of "0-1" Office District zoning next to Timber Lake and Lake Crest will be detrimental to residential property values in those neighborhoods. The developer is proposing driveways and parking withing 10 feet of residential property owners." See attached letter. 7A-1 * Michael and Cindy Conrad, 108 Springbrook Court, Southlake, • Texas, opposed. "Land use plan stipulates medium density residential not 0-1. Traffic,noise, and night security. Alternatives within 200' yards that will not impact my property value." (Residents included with Southlake Impacted Homeowners below.) • Michael Conrads, Southlake Impacted Homeowners, 108 Springbrook Court, Southlake, opposed. Organization has drafted "requirements" for consideration. See attached letters after Staff Report. * Marlene Massa, 104 Springbrook Court, Southlake, Texas, opposed. "Too close to residential resulting in property value loss." * Tom Jacobowski, 107 Springbrook Court, Southlake, Texas, opposed. "Should be residential per SL land use plan. Detrimental to my residential property value. Too close to residential property, poor site. There are much better ways to use this property." * Candace and Daniel Altena, Springbrook Court, Southlake, Texas, opposed. "The proposed building is too large - 3200 + square feet and will be a nuisance. The city stated when we bought our home that the property was to be residential. The cities land use plan specifies that this area is medium density residential. The complex violates the cities own land use plan." * Judy and Stephan Largent, 215 Timber Lake Way, Southlake, Texas, • opposed. "Too large a building too close to residences creating excessive noise,traffic and security problems to established residential neighborhoods." • Julie Hale, 102 Springbrook Court, Southlake, Texas, opposed. "(1)The'32,000 sq ft' space is 100 yds from my front yard, (2) do not want to live on an office buildings parking lot. (3) Our property value would suffer. (4) We are offended that Southlake is even considering this so close to our housing development. (5) The area shaded on back is our home. Would you appreciate this?" • Kevin Barlow, 206 Canyon Lake Drive, Southlake, Texas, opposed. "Too close to residential, too big, detrimental to our land value." * May Pogozelski and Lawrence Cheung, 202 Canyon Lake Drive, Southlake, Texas, opposed. "Too much noise, the proposed building is too large; additional traffic; devaluation on my house; conflict with land use plan; loss of privacy." • Southlake Joint Venture, David Howell, 15851 Dallas Parkway, Suite 100, Dallas, Texas, opposed. "Homeowners called and they would like us to join their opposition. They want additional restrictions,etc. that straight "0-1" doesn't offer." See attached letter. • • Dennis Checkley, 217 Timber Lake Way, Southlake, Texas, opposed. "The building is too large and the traffic pattern would cause too much noise for surrounding neighbors. A small configuration of buildings would be a better option." • Christopher & Diana Hennessy, 204 Canyon Lake Dr, Southlake, 7A-2 Texas, opposed. "We are opposed to the zoning change because it 110 would allow for development which would be too large for a residential area. It would also cause too much noise and traffic and be detrimental to our land value." • Terri McGuire Watson, 106 Springbrook, Southlake, Texas, opposed. • Tom Hasker, 219 Timber Lake Way, Southlake, Texas, opposed. *Note: *Indicates adjacent land ownars who have rescinded opposition. Applicant now meets simple majority requirements. Five (5)written responses were received outside the 200'notification area: • R.M. and Janet Kendall, 203 Canyon Lake Drive, Southlake, Texas, opposed. "Too close to residential subdivision property devaluation, traffic, and noise." • Richard L. Ebel, 111 Woodglen Court, Southlake, Texas, opposed. "The proposed development will require a wider, offset intersection at Shady Oaks Drive and FM 1709 (soon to have a stoplight?) causing increased traffic congestion and dangerous traffic conditions." Attached letter identical to Mr. Conrad's. • Michael R. Baldwin, Lakecrest Homeowners Association, Board Member, opposed. "Increased traffic and a two storyy building so • close to residence." • Warren Anderson, Lakecrest Homeowners Association, Director, opposed. "The proposal for rezoning is in conflict with the Land Use Plan. A building of this size will increase the traffic on FM 1709." Attached letter identical to Mr. Conrad's. • Paul Guisinger, 808 Ridgedale Court, Southlake, Texas, opposed. "The application contains a proposed development of a High Density Office Building with a driveway (noise and traffic), parking and security lighting only ten feet from Timber Lake yards." See attached letter. A petition was received with 127 signatures total, all in opposition. Nine (9) of the petitioners are within the 200' notification area. The remaining 113 petitioners are outside the 200' notification area. The following are reasons for opposition cited by the petition: • "The property is classified as Medium Density Residential in the Land Use Plan and the residents of Timber Lake Crest were assured that the property in question would be developed for residences in keeping with the existing neighborhoods." • "The application contains a proposed development of a high density office building with a driveway (noise and traffic), parking and 110 security lighting ten feet from our back yards." See attached petition. A petition was received with 671 signatures total, all in opposition. Sixteen (16) of the petitioners are within the 200' notification area. The 7A-3 remaining 656 petitioners are outside the 200' notification area. The • following are reasons for opposition cited by the petition: • "The construction of an office building of this size, in addition to the substantial commercial development approved for the intersection of Shady Oaks and FM 1709, would result in increased traffic congestion and dangerous traffic conditions." • "The granting of"0-1" Office District zoning next to Timber Lake and Lake Crest will be detrimental to residential property values in those neighborhoods." P &Z ACTION: August 8, 1996;Approved(7-0)to table to the August 22, 1996 Planning &Zoning Commission meeting. August 22, 1996; Approved (7-0) to table to the September 5, 1996 Planning&Zoning Commission meeting. September 5, 1996;Approved(7-0) applicant's request to table until the September 19, 1996 Planning&Zoning Commission. • September 19, 1996;Approved(7-0)applicant's request to table until the • November 7, 1996 Planning &Zoning Commission. November 7, 1996; Public Hearing continued to November 14, 1996 due to Resolution 95-24. November 14, 1996; Approved (7-0) applicant's request to table until the November 21, 1996 Planning & Zoning Commission meeting. November 21; 1996; Public Hearing continued to December 5, 1996 due to Resolution 95-24. December 5, 1996; Approved (5-0) subject to Concept Plan Review Summary No. 2 dated November 1, 1996, and incorporating Impacted Homeowners document revised November 21, 1996 and received November 27, 1996 amending as follows: Item #1 (Permitted Uses) adding "currently adopted" to precede "City of Southlake Zoning Ordinance"in the first sentence,add"(See attachment of permitted uses)" following the last sentence and attach to the Impacted Homeowners document the listing of "0-1" permitted uses of the current Zoning Ordinance No. 480, striking out uses to be eliminated; Item #4 (Roof Design) delete the second and third sentence and add "Roof to match or be greater than the pitch of Dr. Huckabee's office building and must be • of composition shingles"; Item #5 (Masonry Wall) delete "in masonry appearance"and add in its place"the solid portion of'; Item#7 (Parking) adding "currently adopted" to precede "City of Southlake Zoning Ordinance" in the first sentence, delete "in effect during 1996" and add 7A-4 "in no event be more.than"preceding "90 parking spaces"; Item#9 (3) • (trash containers/receptacles)delete in its entirety(" . . .hidden from view from all adjacent homeowners' properties and travelers on F.M. 1709"); Item#10, (satellite dishes) delete ". . . second story view" and add " . . .Satellite dishes shall be ground mounted and shall be screened to height equal to or greater than the dish";Item#11 (site plan requirements)delete ". . .and placed as appropriate to the tree type so as to ensure "full screening" coverage as seen by residential property owners from their second story windows. An additional buffer of one (1) canopy tree and six (6) large (6' - 10") shrubs to be planted and maintained between the northwest parking spaces and residential property line;" and add "The minimum caliper of trees shall be 3" with placement to be determined at the time of site plan approval"; Item#13 (signs) delete ". . . so as to be non-offensive to neighboring homeowners"; Item - #14 (future development or additions) delete in its entirety. Applicant allowed to reserve the right to modify drive location and building on the site plan. COUNCIL ACTION: December 17, 1996;Approved(7-0) applicant's request to table until the January 7, 1997 City Council meeting. January 7, 1997; Approved (7-0) applicant's request to table until the January 21, 1997 City Council meeting. • January 21, 1997;Approved(5-1)First Reading Ordinance No. 480-211, subject to Concept Plan Review Summary No. 3 dated December 13, 1996 and subject to Impacted Homeowner's document (Ordinance No. 480-211 Exhibit "B"), aligning drive with Shady Oaks, especially if signalized. STAFF COMMENTS: The applicant has met all the items in Concept Plan Review Summary No. 1 dated August 16, 1996, Concept Plan Review Summary No. 2 dated November 1, 1996, with the exception of those items in the attached Concept Plan Review Summary No.3 dated December 13, 1996. L:\WP-FILES\MEMO\96CASES\96-090ZC.WPD • 7A-5 r Texas Land & Building Company , LLC Daniel L. Deichert President - S October 22, 1996 Mr.Dennis Killough City of Southlake - . - 667 North Carroll Southlake,Texas 76092 Dear Mr.Killough: Enclosed is our revised submittal for zoning case#ZA 96-90,now named Shady Oak Centre.This plan is a result of several meetings with homeowners from the Timber Lake and Lake Crest subdivisions, collectively known as the Southlake Impacted Homeowners. Together,we have planned this parcel to minimize the impact of the two proposed buildings on adjacent and surrounding homes.As a - supplement to the plan transmitted today,we have agreed upon a set of property restrictions which deal• with issues ranging from hours of operation to building design. We request the attached list of property restrictions be included as stipulations for approval of the zoning case and that these restrictions be • included as part of any approved zoning. We understand that as part of the S-P-2 zoning classification, further plan approvals will be required. Any future submittals will be approved by the Southlake Impacted Homeowners prior to delivery to the city and such submittals will be in accordance with the property restrictions unless waiver has been - granted by Southlake Impacted Homeowners. Thank you for your patience. - • Sincerely, i64. 2 (1/4r.„.— .. Daniel L.Deichert President e cc: Mr.Michael Conrads- Southlake Impacted Homeowners • 0 +y4 Campbell Centre 8150 N Central Expwp RE DOGls s. 11exas 75208 _+ p: 214.692.TLSC (8522) f: 214.692.8545 e: tlbc@onramp.net 7A-6 • • 4110 • .. Impacted Homeowners' Requirements For Rezoning Revised 11/21/96 • Hiram Granberry Survey,Abstract No.581,Tract 2C Volume 8374,Page 2186,Deed Records,Tarrant County,Texas The following requirements and uses are clearly defined and are enforceable now and in the future as part of the S-P-2 rezoning submission for this property. Site Plans include:the actual landscape plan,elevation views from front, side and back and clearly identified renderings to-scale of the following site plan requirements; GurrcnH7 adorfec 1. 0-1, "Office District"permitted uses as stated in the City of Southlake Zoning Ordinance in-u e-during-19%with the removal of the following high traffic uses:Banking, Savings and Loan,Duplication and Mailing Services,Employment Services,Radio Recording and Television Broadcasting,:Travel Bureaus or services,Real Estate, Bill Pa ing Services, and • Community Facility Uses:Libraries,.City Halls, Fire-and Police Stations, and other municipal uses; See a-f}a ch menu Perm-died U sc s) 2. Only two(2)single story buildings will be erected on this site, The building to the west(closest to FM 1709).will face to the east,not to exceed 7,400 s.f., and will be placed a minimum of 45 feet from the west property lure. The building to the south will face to the north, will not exceed 11,800 s.f., and will be placed at least 100 feet from the south property line. The peaks of the buildings shall not exceed 23 feet in height; 3. The maximum height of any structure to be 23 feet including the peak of the roof; 4. Building elevation includes roof design. 6onst RReo-1 Con5irudior) r1U5} rna3rc , ong-br be 9rcater than the .-Ehe sold port) � pitch of Dr. �{ockabcc', cf� p 1:6i1416 and rrOs{- be of 5. A solid 8'tall masonry wall matching' Timber Lake's existing wall to be constructed within 60 9 • days of ground breaking along the south and west property lines, C 0 m os ti o n 5 h i���I es. O 6. No rear of building vehicle access, No impervious material to be constructed in these areas; L • (73 C.0 C ) • • • r • • Impacted Efomeowners'Requirements For Rezoning-Revised 11/21/96 page 2 Hiram Granberry Surrey,Abstract No.581,Tract 2C Volume 8374,Page 2186,Deed Records,Tarrant County,Texas a • currently adap4e requirementsZoning 96 or in n� euen+ br more +han 7. Parkingwill not exceed the minimum of the City of Soutlilake Ordinance-e�'eet� 90 parking spaces, whichever is fewer and all parking spaces will be placed a minimum of 70 feet from residential property lines; 8. All building utilities and equipment appropriately concealed behind solid masonry walls; 9. Trash containers/receptacles for.the development to be(1)placed along the east-northeast property line and away from 0o residential property;(2)contained within a masonry wall with a closing wooden gate, and;(3)b hidd-fro -- e - a c- 10. No satellite dish to be placed on the property over 6'in diameter and must be screened from residential property. accord xstory new; Sa+elt dashes sha It be ground- moon+ed and shall be Screened +v a he;nh+ equa) fo ar rea}er +ha n +he dish. -' 11. The site plan must include a detailed landscape plan as an addendum and must specify and quantify the landscape plantings while clearly depicting their placement on the site plan. In addition to the Bufferyard F-1 requirements the developer will add Bufferyard C planting with a minimum of 5 canopy trees per 100'run as well as change Bufferyard lei planting to Bufferyard P planting. We emphasize:The areas to the west and south of the two buildings will be heavily • landscaped with a minimum of fist(5)large canopy trees per 100 feel,aslaeed-aa-appfeprieto-to-the-tree-type-seas+ , M buffer of one(1)c.uLopj tee and six(6)laigc(6'-10')bluu6 to be planted Laid►uaintxined between the northwest parking The minimum caliper of 4rees shall be 3' vie+h placemen-i- b b� de}crminec� Si- the- time of site pIan a proval. 12. Exterior lighting will be for security lighting purposes only and will be placed in such a manner to be directed toward the non-residential buildings and must not"spill over"-on to the adjoining Homeowners'property..All rear building security a • • • lights must include motion sensors to minimize their utilization to reduce light pollution for the residential property owners; 13. All outdoor business signs will be in compliance with the City of Southlake's sign Ordinances. Only monument signs will be constructed with minimized lightin4so-aa—take-no 1-14e-€uture-develepment er-additier -te-the-propez shout fill-net iea#ert-and-rst' sled-Flemeewnere-as— is-required for any change to an S-P zoning. • • • • • • • 0-1 OFFICE DISTRICT PERMITTED USES a. Office Uses 1. Accounting and tax preparation; 2. Adjustment and collection services; 3. Advertising agencies; 4. Architecture; 5. Banking; 6. Billpaying scrviccs; 7. Business corporate headquarters(when used for office purposes only); 8. Business holding and investment services; • 9. Chamber of Commerce; 10. Chiropractors; 11. Computer services; 12. Consumer and mercantile credit reporting; 13. Contractors offices(provided no outside storage or display is permitted); 14. Dentists; 16. Employmcnt scrviccs; 17. Engineering; 18. Finance; 19. Interior design; S 7A-10 • , • 20. Land surveying; 21. Law; 22. Management consultants; 23. Optometrists; 24. Other offices of a business and/or professional nature providing services not including the retail sale,fabrication,manufacture or production of goods-or merchandise. 25. Physicians; 26. Podiatrists; 27. Psychiatrists; 28. Psychologists; 30. Real estate and insurance; 11111 31. Savings and Loan; 32. Securities and commodities brokers,dealers,underwriters and exchange offices; 33. Stenographic services; 34. Title companies; 35. Travel bureaus or services; 36. Utility offices; b. Community Facility Uses 1. Public, semi-public and private parks; 2. Recreation and open space to include playgrounds, parkways, greenbelts, ponds and lakes,botanical gardens,pedestrian paths,bicycle paths, equestrian bridal trails, nature enters, and bird and wildlife sanctuaries; • 7A-11 3. Libraries; • , and 5. Other uses of a similar nature and character. ACCESSORY USES-In addition to those accessory uses specifically authorized in Section 34 of this ordinance,any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45,together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No.480-C.) • S 7A-12 • Impacted Homeowners' Requirements for Rezoning 2nd Revision - 10/20/96 Hiram Granberry Survey,Abstract No. 581, Tract 2C Volume 8374,Page 2186,Deed Records,Tarrant County,Texas Change the 0-1 to S-P-1 Zoning request with the following requirements and uses clearly defined. Concept Plans to be redrawn as Site Plans to include: the actual landscape plan, elevation views from front, side and back and clearly identified renderings to scale of the following site plan requirements; • 0-1,"Office District"permitted uses as stated in the Zoning Ordinance with the removal of the following high traffic uses: Banking, Savings and Loan, Duplication and Mailing Services, Employment Services,Radio Recording and Television Broadcasting, Travel Bureaus or services, Real Estate, Bill Paying Services,and Community Facility Uses: Libraries, City Halls,Fire and Police Stations and other municipal uses; • Only two (2) single story buildings will be erected on this site. The building to the west (closest to FM 1709)will face to the east, not to exceed 7,400 sf. and will be placed a minimum of 45 feet from the west property line. The building to the south will face to • the north,Will not exceed 11,800 sf., and will be placed at least 100 feet from the south property line; • A solid 8'masonry wall* matching in masonry appearance Timber Lake's existing wall to be constructed within 60 days of ground breaking along the south and west property lines. The process to handle existing property owner fencing for the building of the wall as well as the method of joining all existing fences to the wall must be stated in writing. All changes to existing fencing will be at developer expense and completed to existing fence owner satisfaction. In the placement of this wall, all efforts will be made to avoid damaging or removing larger, established trees on residential property but may"share" the property line. The developer will replace, at their expense, any trees destroyed or removed in this process with residential property owner approved replacement(s); *Note: You have proposed a structural option to the 8' wall which is under consideration but has not been agreed to at this time and therefore,the 8' wall remains in our requirements. • The developer will work with the adjacent residential homeowners and the adjacent non- residential property owner prior to final site plan submission to replace existing wooden fences with appropriate, agreed upon 8' solid masonry wall along the east property line; • 1 REC'D O C T 2 21996 7A-13 , • Impacted Homeowners' Requirements For Rezoning 2nd Revision 10/20/96 Hiram Granberry Survey,Abstract No.581,Tract 2C Volume 8374,Page 2186,Deed Records,Tarrant County,Texas • Although not in complete control and, therefore,the outcome unsure,the developer will work with the adjacent non-residential property owner in order to remove their existing wooden fences along the adjoining south property line and replace with significant landscaping so as to portray the two developments as one; • Parking will not exceed the minimum requirements of the Zoning Ordinance or 90 parking spaces,whichever is fewer and all parking spaces will•be placed a minimum of 60 feet from residential property lines; • Building elevation to include roof design. Construction of roof must be conducive to the adjacent residential community and similar in construction to the adjacent business office. Note: you agreed that the 11,800 sf building will have multiple roof elevations to avoid a single, straight site line along the peak of the roof. We have also requested this same design for the smaller building if possible. As stated previously, flat roofs are unacceptable; III • The maximum height of any structure to be 22 feet; • No satellite dish to be placed on the property over 6' in diameter and must be screened from residential property view; • Restrict business hours of operation to: Weekdays from 8:00 a.m. to 8:00 p.m., Saturdays from 8:00 a.m. to 6:00 p.m. and Sundays from 12 noon to 6:00 p.m. and must be stated as such on the site plan(there is precedent on this point); • The areas to the west and south of the two buildings will be heavily landscaped with a minimum of 5 large trees per 100 feet along the west and south property line and placed as appropriate to the tree type so as to ensure full"screening"coverage as seen by residential property owners from their second story windows (emphasis on larger trees). No rear of building vehicle access. No impervious material to be constructed in these areas; • All building utilities and equipment appropriately concealed behind solid masonry walls (landscaping is unacceptable); • 2 REC'D OCT 2 21ggF 7A-14 Impacted Homeowners' Requirements For Rezoning Revised 10/20/96 • Hiram Granberry Survey,Abstract No. 581,Tract 2C Volume 8374,Page 2186,Deed Records,Tarrant County,Texas • Tree and shrub plantings should be used throughout the property. The site plan must include a detailed landscape plan as an addendum and must specify and quantify the landscape plantings while clearly depicting their placement on the site plan. In addition to the Bufferyard F-1 requirements the developer will add Bufferyard C planting as well as change.Bufferyard M planting to Bufferyard P planting. Incremental trees and shrubs to be placed as an additional buffer between the northwest parking spaces and the residential property line; • Exterior lighting will be for security lighting purposes only and will be placed in such a manner to be directed to the non-residential buildings and must not"spill over"onto the adjoining Homeowners' property. All rear building security lights to include motion sensors to minimize their utilization and cut down on light pollution for the residential property owners; • Trash containers/receptacles for the development.to be(1)placed away from residential property as shown on the site plan dated 9/17/96; (2) contained within a masonry wall . with closing wooden gate, and; (3)be hidden from view from all adjacent homeowners' properties and travelers on F.M. 1709. It is recommended to move the placement of the • "corral"further to the south and add additional parking that may be eliminated from the front of the development due to the 60 foot parking space proximity to residential property requirement; • For safety purposes,the driveway will be located directly across from the intersection of Shady Oaks and F.M. 1709**. Prior to final site plan submission to the Planning and Zoning Commission,the developer will contact both the appropriate City personnel and the adjacent non-residential property owner to pursue the connection of the parking lots. to the east and closing off the existing driveway for safer access. The building to the west should be placed in such a manner as to allow for adequate throat depth and to provide for ease of traffic flow. Parking spaces will be minimized near the driveway entrance. **Note: A traffic light is anticipated at this intersection but a temporary entrance may be required until the light is installed. • All outdoor business signs will be in compliance with City Zoning Ordinances. Only monument signs will be constructed with minimized lighting so as to be non-offensive to neighboring homeowners; • No future development or additions to the property without full review and approval by the Impacted Homeowners. • 3 7A-15 REC'D OCT 2 21996 , Impacted Homeowners • Southlake Michael C.Conrads-representative-108 Springbrook Court-Southlake.Texas 76092 Phone(214)716-8863-Fax(214)716-8826-Home Phone(817)329-3063 October 14, 1996 Daniel L. Deichert Texas Land and Building Company LLC Campbell Center 8150 North Central Expressway#440 Dallas,Texas 75206 HOMEOWNERS REZONING REQUIREMENTS - REVISED Dear Mr. Deichert: Thank you for your response dated October 11, 1996 to our letter dated September 27, 1996 which outlined our concerns and requirements for the rezoning of the property at 521 W. ' Southlake Blvd., south of the intersection of Shady Oaks Drive and F.M. 1709 adjacent to Timber Lake and Lake Crest subdivisions. The impacted homeowners have had an opportunity to review your proposal and offer the following adjustments to our original requirements (see attached). • Please note that the language is specific and therefore, we agree to adjust our requirements rather than accept your letter as the agreed upon resolution to move forward with the development of this property: To restate the process we mutually agreed to follow prior to the Planning and Zoning Commission presentation meeting: • The rezoning request originally submitted for 0-1 will be changed to S-P-1 for the approximately 2.95 acres situated in the Hiram Granberry Survey, Abstract No. 581, Tract 2C, as recorded in Volume 8374, Page 2186, Deed Records, Tarrant County,Texas; • The S-P-1 rezoning request would stipulate the agreed upon Homeowners'requirements (see attachment); • The site plans would be redrawn with the agreed upon Homeowners' requirements clearly marked; • The site plans would include an elevation drawing with reference heights clearly indicated (existing adjacent property Professional building height marked, etc.); 0 REC'D OCT 2 21996 7A-16 HOMEOWNERS REZONING REQUIREMENTS-REVISED page 2 i . • You will coordinate a mutually agreed upon meeting between the developers and the impacted homeowners to review and approve the site plan changes and the S-P-1 rezoning request prior to submission to the City Of Southlake Planning and Zoning Commission (Scheduled for Thursday- 10/17/96, 7pm at 108 Springbrook Court- Timber Lake subdivision); • • All communication to the City Of Southlake regarding this rezoning proposal will be copied or communicated to me as a representative of the impacted homeowners. Thank you for your effort towards resolving our concerns and incorporating citizen input into your final site plan submission. To restate our position: We are not opposed to non-residential development on the property adjacent to our residential community, however, we firmly believe that any development should not adversely impact surrounding property values, but, rather, enhance them while contributing to our overall quality of life here in Southlake. Given agreement with our revised requirements and inclusion of them in the final site plan submission, we look forward to voicing our support for this development at the November Planning and Zoning Commission meeting. • Sincerely, Michael C. Conrads • Attachment cc: Impacted Homeowners City Of Southlake Planning and Zoning Commission • City.Of Southlake City Council Members • i 7A-17 f . • Impacted Homeowners' Requirements For Rezoning - Revised 10/14/96 Hiram Granberry Survey, Abstract No. 581,Tract 2C Volume 8374, Page 2186, Deed Records,Tarrant County,Texas • Change the 0-1 to S-P-1 Zoning request with the following requirements and uses clearly defined. Concept Plans to be redrawn as Site Plans to include elevation views from front, side and back and clearly identified renderings to scale of the following site plan requirements; • 0-1, "Office District" permitted uses as stated in the Zoning Ordinance with the removal of the following high traffic uses: Banking, Savings and Loan, Duplication and Mailing Services, Employment Services, Radio Recording and Television Broadcasting, Travel Bureaus or services, Real Estate, Bill Paying Services, and Community Facility Uses: Libraries, City Halls, Fire and Police • Stations, and other municipal uses; • Only two (2) single story buildings will be erected on this site. The building to the west (closest to FM 1709) will face to the east, not to exceed 7,400 s.f., and will be placed a minimum of 45 feet from the west property line. The building to the south will face to the north, will not exceed 11,800 s.f., and will be placed at least • 100 feet from the south property line; • A solid 8' masonry wall matching in masonry appearance Timber Lake's existing wall to be constructed within 60 days of ground breaking along the south and west property lines. In the placement of this wall, all efforts will be made to avoid damaging or removing larger, established trees on residential property but may "share" the property line. The developer will replace, at their expense, any trees destroyed or removed in this process with residential property owner approved replacement(s). • The developer will work with the adjacent residential homeowners and the adjacent non-residential property owner prior to final site plan submission to replace existing wooden fences with appropriate, agreed upon 8' solid masonry wall along ttie east property line; • Although not in complete control and, therefore, the outcome unsure, the developer will work with the adjacent non-residential property owner in order to remove their existing wooden fences along the adjoining south property line and replace with significant landscaping so as to portray the two developments as one; • Parking will not exceed the minimum requirements of the Zoning Ordinance or 90 parking spaces, whichever is fewer; • 7A-18 Impacted Homeowners' Requirements For Rezoning- Revised 10/14/96 page 2 0 Hiram Granberry Survey,Abstract No.581,Tract 2C Volume 8374,Page 2186,Deed Records,Tarrant County,Texas • Building elevation to include roof design. Construction of roof must be conducive to the adjacent residential community and similar in construction to the adjacent business office. Note: The 11,800 s.f. building is requested to have multiple roof elevations to avoid a,single, straight sight line. Flat roofs are unacceptable; • Restrict hours of operation to weekdays from 8:00 a.m. to 10:00 p.m. and stated as such on the site plan (there is precedent on this point); - • The areas to the west and south of the two buildings will be heavily landscaped (emphasis on larger trees) with no rear of building vehicle access. No impervious material to be constructed in these areas; - • All building utilities and equipment appropriately concealed behind solid masonry walls (landscaping is unacceptable); • Tree and shrub plantings should be used throughout the property. The site plan must quantify the landscape plantings while clearly depicting their placement on the site plan. In addition to the Bufferyard F-1 requirements the developer will add Bufferyard C planting as well as change Bufferyard M planting to Bufferyard P planting; • • Exterior lighting will be for security lighting purposes only and will be placed in S such a manner to be directed to the non-residential buildings and must not "spill over" onto the adjoining Homeowners' property; . • Trash containers/receptacles for the development to be (1) placed away from . residential property as shown on the site plan dated 9/17/96; (2) contained within a masonry wall with closing wooden gate, and; (3) be hidden from view from all . adjacent homeowners' properties and travelers on F.M. 1709; • For safety purposes, the driveway will be located directly across from the intersection of Shady Oaks and F.M. 1709*. Prior to final site plan submission to the Planning and Zoning Commission, the developer will contact both the appropriate City personnel and the adjacent non-residential property owner to pursue the connection of the parking lots to the east and closing off the existing driveway for,safer access. The building to the west should be placed in such a manner as to allow for adequate throat depth and to provide for ease of traffic flow. Parking spaces will be minimized near the driveway entrance. (*Note: A traffic light is anticipated at this intersection but a temporary entrance may be required until the light is installed.) • All outdoor business signs will be in compliance with City Zoning Ordinances. Only monument signs will be constructed with minimized lighting so as to be non-offensive to neighboring homeowners; • No future development or additions to the property without full review and 0 approval by the Impacted Homeowners. 7A-19 1 • Southlake Planning & Zoning Commission 2 AUG 96 667 N. Carrol Southlake, TX 76092a.e This letter is being sent to strongly OPPOSE the application by developer Larry Flynn to re-zone - the property located south of FM 1709 between Timberlake and Lake Crest residential subdivisions to construct the Southlake Professional Plaza. We live in the Timberlake Subdivision at 101 Sprinngbrook Court (Lot 20, Block 1) which is adjacent to the subject property. We have not received any official notification of the proposed rezoning even though our home is within 200 feet of the property. This may be due to the fact that we purchased the home from Pierce Homes in October of 1995. Attached is a summary of reasons for the opposition. If there are any problems or questions, please feel free to contact me at 214-603-1402 (day) or 817-424-1986 (evenings). /f rim ,./ aNtip.A\i ' tO Steven J. Sims Kathy . Sims • 101 Springbrook Ct Southlake, TX 76092 RECD AUG 0S " 1996 7A-20 • S SOUTHLAKE JOINT VENTURE 15851 Dallas Parkway, Suite 100 Dallas, Texas 75248 (214) 960-9941 August 7, 1996 City of Southlake Planning and Zoning Commission 667 North Carroll Avenue Southlake, Texas 76092 RE: Zoning Case - ZA 96 .90 Dear Commissioners : As the Developer of Timberlake, we are in opposition to the proposed zoning of the 2 .95 acre tract to "0-1" Office. Any proposed zoning of the Property should be to a use compatible with the adjacent residential development . The current request does not appear to ensure that development of this Property will be compatible. S .To ensure compatibility, the site plan for the development should be tied to the zoning and adequately address issues such as potentially objectionable lighting, parking adjacent to the homes, and building materials . The objective should be to integrate the uses and preserve the existing residential environment. Until issues such as these are addressed, this project is not compatible with the adjoining neighborhoods and should not be approved. Sincerely, SO' I: • ' JOINT VENTURE Davis/40f1(4.1„0",) K_.-----________ Howell DH/tln cc: Timberlake Homeowner' s Association 1111 I1 7A-21 ` REC'D AUG 0 91996 15851 DALLAS PARKWAY SUITE 100 LOCK BOX 104 DALLAS TEXAS, 75248 (214) 490-3255 FAX (214) 991-4949 To: City Of Southlake Planning And Zoning Commission And City Council Members Subject: Op position pposition To The Application For Rezoning On•Thursday, August 8, 1996, the Southlake Planning and Zoning will consider an application to change the zoning of the property at 521 W. Southlake Blvd., south of the intersection of Shady Oaks Drive and F.M.1709 adjacent to Timber Lake and Lake Crest subdivisions. The request is to change the zoning to an "Q_t" Office District for • approximately 2.95 acres situated in the Hiram Granberry Survey, Abstract No. 581, Tract 2C, as recorded in Volume 8374, Page 2186, Deed Records, Tarrant County, - . Texas. As a resident of the subdivisions involved, 1 AM OPPOSED TO THIS APPLICATION. The primary reasons for my opposition are as follows: . • • The property is classified as Medium Density Residential in the Land Use Plan and the residents of Timber Lake and Lake Crest were assured that the property in question would be developed for residences in keeping with the existing neighborhoods; • The application contains a proposed development of a High Density office.building with a driveway (Noise and Traffic), parking and security lighting ten feet from our • back yards; 41) • The proposed development is a 32,000 square foot structure which is hardly in keeping with our expectations for Southlake. Two of these structures would equal . another new Kroger--- in our back yards; . • Once rezoned, the developer is not bound by the one story building illustrated in the " application but could build a 2.5 story structure under an "0-1" zoning; • The proposed development will require a wider, offset intersection at Shady Oaks Drive and FM 1709 (soon to have a stoplight?) causing increased traffic congestion and dangerous traffic conditions. Further, it is questioned whether the proposed , driveway cuts will be able to meet city code requirements; • Last but not least, the granting of "0-1" Office District zoning sandwiched between Timber Lake and Lake Crest will be detrimental to residential property values -.02C property value. P I realize the value of commercial development and support the growth of our city but in a manner which is consistent with The City Of Southlake Land Use Plan. This rezoning is unnecessary as there is property available less than 200 yards east along the south side of FM 1709 between Lake Crest and White Chapel Road - already zoned for office use. I ask for your support of the City Of Southlake Land Use Plan and deny this application for rezoning. REC'D J U L 3 01996 "PA:z.)-4 C.) ? c kc cJ L Abe I 7. L0 40 Signature Printed Name Date I l l Ui Doc I P h Pouttf+t GC-1-\ Lc � 7 X 76,Oct Address r 7A-22 . . • Paul Guisinger 808 Ridgedale Court + Southlake, Texas 76092 Phone(817)424-9180 Fax Transmittal (817)424-9180 August 6, 1996 City of Southlake Planning and Zoning Commission Southlake, TX Subject: Opposition to the application for rezoning. Dear Planning and Zoning Commission member, • It is myunderstandingon ThursdayAugust the Southlake Planningand Zoning � 8, Commission will consider an application to change the zoning of the property at 521 W. Southlake Blvd. South of the intersection of Shady Oaks Drive and F.M. 1709 adjacent to Timber Lake and Lake Crest subdivisions. As a resident of Timber Lake subdivision, I am opposed to this application. The property is classified as Medium Density Residential in the Land Use Plan and as a resident of Timber Lake were assured that the property in question would be developed for residences in keeping with the existing neighborhood. The application contains a proposed development of a High Density Office Building with a driveway(noise and traffic), parking and security lighting only ten feet from Timber Lake yards. The proposeed development is a 32,000 square foot structure which is not in keeping with my expectations for Southlake. As a resident of Irving, Texas for 37 years I experienced "a city attitude anything goes and all developments are good and grow at any cost" In 1992 I moved to Southlake because I believed the city government would control the development of Southlake. Once rezoned the developer is not bound by the one story building illustrated in the application but could build a 2.5 story structure under an "01 zoning". I realize the value of commercial developments and support the growth of our city but in a manner which is consistent with the City of Southlake Land Use Plan. This rezoning is unnecessary as there is property available less than 200 yards east along the 7A-23 REC'D AUG 0 61996 • south side of FM 1709 between Lake Crest and White Chapel Road which is already for office use. I ask for support of the City of Southlake Land Use Plan and please deny this application for rezoning. ,Singcerely,Q USG( /�� ♦� � '�' '� ice" Paul and Bernice Guisinger cc: Southlake city council members • • 7A-24 To: City Of Southlake Planning And Zoning Commission And City Council Members - Subject: Opposition To The Application For Rezoning On Thursday, August 8, 1996, the Southlake Planning and Zoning will consider an • application to change the zoning of the property at 521 W. Southlake Blvd., south of the intersection of Shady Oaks Drive and F.M.1709 adjacent to Timber Lake and Lake Crest subdivisions. The request is to change the zoning to an "01" Office District for . approximately 2.95 acres situated in the Hiram Granberry Survey, Abstract No. 581, Tract 2C, as recorded in Volume 8374, Page 2186, Deed Records, Tarrant County, • - % Texas. . As a resident of the subdivisions involved,.) AM OPPOSED TO THIS APPLICATION. the primary reasons for my opposition are as follows: - • The property is classified as Medium Density Residential in the Land Use Plan and the residents of Timber Lake and Lake Crest were assured that the property in question would be developed for residences in keeping with the existing neighborhoods; • The application contains a proposed development of a High Density office building • with a driveway (Noise and Traffic), parking and security lighting ten feet from our back yards; • The proposed development is a 32,000 square foot structure which is hardly in keeping with our expectations for Southlake. Two of these structures would equal another new Kroger--- in our back yards; • Once rezoned, the developer is not bound by the one story building illustrated in the application but could build a 2.5 story structure under an "0-1" zoning; • The proposed development will require a wider, offset intersection at Shady Oaks Drive and FM 1709 (soon to have a stoplight?) causing increased traffic congestion and dangerous traffic conditions. Further, it is questioned whether the proposed driveway cuts will be able to meet city code requirements; • Last but not least, the granting of "0-1"'Office District zoning sandwiched between • Timber Lake and Lake Crest will be detrimental to residential property values - my ' property value. I realize the value of c9mmercial development and support the growth of our city but in a manner which is consistent with The City Of Southlake Land Use Plan. This rezoning is unnecessary as there is property available less than 200 yards east along the south side of FM 1709 between Lake Crest and White Chapel Road - already zoned for office use. I ask for your support of the City Of Southlake Land Use Plan and deny this application for rezoning. ,//"... / e � 1nn ure ,( ,,„ /N« t: F t y vpo e ns siV of is Si nat Printed Name Date • /0 $ S/2/N G 6 2Q Cou- am��cx c r7+r,A'K E_ .TX- ?to Cr?2— �dress 7A-25 TO: City of Southlake Planning and Zoning Commission II/ roximatel • We are opposed to the application for a Zoning Change for approximately 2.95 acres situated in the Hiram Granberry Survey, Abstract No. 581, Tract 2C, from Agricultural ' • District to "0-1" Office District (Ref. No. ZA 96-90). The reasons for our opposition are as follow: 1. Southlake's Land Use Plan classifies the property and surrounding area as Medium Density Residential. The proposed building is approximately 32,800 square feet which would qualify as a high-intensity office space. • • 2. The construction of an office building of this size, in addition to the substantial commercial-development approved for the intersection of Shady Oaks and FM 1709, would result in increased traffic congestion and dangerous traffic conditions. - 3. The granting of"O-1" Office District zoning next to Timber Lake and Lake Crest will be detrimental to residential property values in those neighborhoods. 4. The developer is proposing driveways and parking within 10 feet of residential property lines resulting in substantial noise and nuisance for. nearby residential property owners. • 5. There is currently land zoned"0-1" Office District within 200 yards of the subject • • property (between Lake Crest entrance and White's Chapel). Additional "0-1" zoning is not necessary. • • p • 7A-26 10 IIF ). i ! i ! i 4'.' - W * HAL oo Ll 1 A--M7 IIA CR IR kT N cm d 3AIA PP Ylr. .�L r r IB 381 rrio 383 Ago OUTHLAKE lwa BAIS DR Ole 10 SKY IGI ACKS 0-0 WWI 10 AC ir 'NCVOt PARK BEI IS MW TRACT MAP IBI AL TR 384 . , • ? \3 TR 383 .72 AC -- \ 410 72 . ) — /L- TR 3C TR / TR 384A "AG" \... ! 4.2758 0 5.2.; 1.35 AC • C --- ...- (2 3.2842 0 TR 3D4 \ \ "C2" .. .__...._ RR et. _ TR 31.14 TR 382 G. . HALL IR 38 88 EP . 5.72 AC IR 384A Shady Oaks Lmtd. L 1.35 AC Southlake Four Invst4 115 V5,------ - — 1 --/. _ . .. _. . 1A .728 AC. State of Texas /, -J f , Soutfila JV/ " 1R 2C 1 I r';:::-/WS.!2 Al R 2 6'ill..i 8--2-—t.I.i. "1 — m__. .4 10 1 1 1 s \.:9.../ 7---- §:: TR 2 18 S' ' <1 gEl 22 1.59 0 2 2 .65 : C. Hale • . pierce. m' - !,-, • rni.' : .1 / .. .. i., ----Thz----- PUD 2' Homes 1 A-0 0 L.., :/' - : 12 • P) e ,A" a .107 @ ...N. Cr• • V., COMMQN „A — CD , 5 - GREEN u R. Massa- : D. Altena c'D I ! tlo I 0 15a ..T., •..- i t .49 I 0/ - ''-lz.3.- 0 13 . 1 C 75 ' . 2 '•Iiii -:- 111 D. Lippincott,z\?-. 22 . C.94\c•.;., 1 3 -::: lake JV •J 1 4 Cb,, ' '-t4 - ;:.•,..:.: • • , 14 M. Conrad,Ilh 4. I • .\ </, -1 -- -:: 296 AC , 011e ° ;. LO 2 r7 s T. Jacobo*ski , o•• \,‘,-,.. • vs• ., ..,,KeUgs I 21 ld 4 . % S. Larsent ,, •i••::. :•:: •:':;::.:':7.1) ' . ' 9 \ —— 4,,,,,,'• 9 . , ... •:.:.6, • iiiiiFiiii .. D. Checkley. Ch, , \t"\.`" \ . : 0° .406,;:!:.• .' iiiiiiilli!ii• 6,0, ,. ,// '1 ). ......;•;!•?'.........' - :f,:--,.-- ::: l' 26 -.11) . .; 7 ..• 1 f 6.:i;.; , :: --- - .: Pulte, '• :. - . . _ io T Hasker -- -- 0 - 4' :1 Home Corp ... .• e 1 1 2 :- 3', ' - AI'./ 197 ,.. "SF20A" !i.• 51 '3° 13R0010, 27 . „7110 IV 2 - . 7 i ! • ., iEAD G 2 ..., . .cT.,.. . o iy i ;. 100 123• 1 2 1 7 7., 1 3 ; ,': , 19 .... o 117 ..% • 28 . s 14 st 15 - iv-- zi: 50 I" j vas 17 • I.TIP .... ...3 29 t 16 tz • : • ? C .. : : •':::!.":: .--• • i 9:1,,.V - 0 0 4 18 1 6 ai .. 162 177 ...\ ' C Ili • • W•1 t! 1. .:‘• .0. ." 17 \ 154 214 7,0 ADJACENT OWNERS i C21 g 10 AND ZONING i . 0 •i :,:.::.3 i: ',..3 5 E—. . .;.6 . C1 222 i 411/4°1113 1:1•ST C'C C4 1 1 • - 2"../ SPIN REPRESENTATIVE#14 5 20 21 DOUG MCKELVEY . 7A-28 i •:,„ CADDO LAKE DI City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY 4likase No: ZA 96-90 Review No: Three Date of Review: 12/13/96 Project Name: Concept Plan for S-P-2 Zoning - Shady Oaks Centre (submitted as Southlake Professional Plaza), 2.954 Ac. in the Hiram Granberry Survey Abstract No. 581 APPLICANT: ARCHITECT: Texas Land and Building Co. DBH Designs 3 Lincoln Centre, Suite 970 1117 Crestview Dallas, Texas 75240 Kauffman. Texas Phone : (214) 692-8522 . Phone : (214) 962-4088 Fax : (214) 692-8545 Fax- : (214) 962-5333 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/13/96 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,EXT.787. w.:v:::........::::.•.w:n•.v:•::::::::.v:• r.};.•::x::u::n•{::.v?.} vv?{•:•:'•'r}!•::..vv:.v:::•,::.}:???•}:•::::.;;.;-•};rr;:?•:,••:?::..'.:v:,v:::•::::............................... w:::::x:.::x........vv$C{}.v....:...f..:;......... .'•n. .:::::::::::?::::::::r:::::.:vv::n•:?::r:x:::::;::::::r:.:•:•.vr:::w::.;:::..•:v:e::::::m.-. ...•. ............�...........::...:...•..:}......xiv:.vr:r:lv::::.•::::r::.v.::::nw:::::.v::.v:.vn::..v:::::::nw::::.:v:::r:F.v:x.:::::r2w:.vvvx:.: 1. . The Driveway Ordinance No. 634 requires a throat depth of 75' for traffic stacking•into the site. • However, no new access to F.M. '1709 is proposed on the site. The proposed access is through the •Common Access Easement and existing driveway located on the adjoining tract to the east. Please note that the location of the existing building on the adjoining.site.to the.east would prohibit any S• .further extension of the driveway throat depth. • 2. • Loading spaces and service areas must be located at the side or rear and must be screened by a:10' • • masonry wall similar to the front facade of the building where the loading area is adjacent to .residential property. 3. Trash dumpster must be gated and screened by a minimum 8' masonry wall similar to the primary structure. * The following• items on the plan do not appear to comply with the "Impacted- Homeowners • Requirements for Zoning'.'dated 11/21/96 and as-amended by the Planning and Zoning Commission: - e • Parking spaces located at the northwest and east portion of the site do not meet the minimum • 70' spacing from residential properties as required in Item# 7 regarding parking. • • Interior Design uses have been noted for elimination on the plan, but is not eliminated on the attachment of permitted uses. * • The review of this plan is based on the"0-1-" zoning district. • 7A-29 • City of South lake,Texas * The applicant should be aware that any revisions made prior to the next scheduled meeting must be 0 received at the City by 5:00 PM on 1/27/97. If not received by that time, no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and include an 11"x 17"revised reduction.' * All mechanical units including satellite dishes must be fully screened of view from F.M. 1709, S.H. 114,and/or from properties within 400'having residential zoning or a low or medium density residential Land Use Designation. * The applicant should be aware that prior to issuance of a building permit, a plat must be submitted for approval and filed in the County Plat Records, a site plan, landscape plan, and irrigation plan along with the 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. - * Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements. • • Vertical and horizontal building articulation(required on the.north, east, south, and west building facades)per §43.9C1e, Ordinance 480, as amended. • Masonry requirements per §43.9C1a, Ordinance 480, as amended and Masonry Ordinance No. 557. 0 • Interior landscaping per.Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C • on.Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior • landscaping in §43.9C3h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended. • • Residential adjacency standards per §43.11 and Exhibit 43-E on Page 43-15, Ordinance 480, as amended. • Spill-over lighting and.noise per §43.12, Ordinance-480, as amended. • . Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No.480, as amended. • Fire lanes must be approved by the City Fire.Department. r • P& ZACTION:• August 8, 1996;Approved(7-0) to table to the August 22, 1996 Planning& Zoning Commission meeting. August 22, 1996; Approved (7-0) to table to the September 5, 1996 Planning & Zoning Commission meeting. September 5, 1996;Approved(7-0) applicant's request to table until the September 19, 1996 Planning& Zoning Commission. S September 19, 1996;Approved(7-0) applicant's request to table until the November 7, 1996 Planning& Zoning Commission. 7A-30 • • - City of Southlake,Texas November 7, 1996; Public Hearing continued to November 14, 1996 due to Resolution 95-24. November 14, 1996; Approved (7-0) applicant's request to table until the • November 21, 1996 Planning & Zoning Commission meeting. - November 21, 1996; Public Hearing continued to December 5, 1996 due to Resolution 95-24. i December 5, 1996;Approved(5-0) subject to Concept Plan Review Summary No. 2 dated November 1, 1996, and incorporating Impacted Homeowners document .Revised November 21, 1996 and received November 27, 1996: amending as follows: Item #1 (Permitted Uses) adding "currently adopted"to precede "City of Southlake Zoning Ordinance" in the first sentence, add "(See attachment of permitted uses) following the last sentence and attach to the Impacted Homeowners document the listing of"0-1"permitted uses of the current Zoning Ordinance No..480, striking out uses to be eliminated; Item #4(Roof Design) delete the second and third sentence and add "Roof to match or be greater than the pitch of Dr. Huckabee's office-building and must be of compositioh shingles";Item#5(Masonry Wall) delete "in masonry appearance" and add in its place "the solid portion of'; Item #7 (Parking) adding "currently adopted" to .precede.."City of Southlake Zoning . Ordinance"in the first sentence, delete "in.effect during 1996"and add "in no event be more than" preceding. "90 parking spaces"; Item '#9(3) (trash containers/receptacles)delete in its entirety(". . . hidden from-view from all adjacent • homeowners'properties and travelers on'E.M 1709'9; Item #10, (satellite dishes) • delete ". : .. second story view" and add " . . .Satellite dishes shall be ground mounted and shall be screened to height equal to or greater than the.dish";Item#11 (site plan requirements).delete ". . .and placed as appropriate to the tree type so as to ensure-`full screening" coverage as seen by residential property owners from their second story windows. An additional buffer of one (1) canopy tree and six (6) large (6'- 10'9 shrubs to be planted and maintained between the northwest parking . spaces and residential property line;"and add "The minimum caliper of trees shall , be 3"with placement to be determined at the time of site plan approval";Item #13 (signs) delete ". . . so as to be non-offensive to neighboring homeowners"; Item #14 (future development or-additions)delete in its entirety. Applicant allowed to reserve the right to modify drive location and building on the site plan. . * Denotes Informational Comment cc: DBH Designs; Texas Land and Building Co. \L:\WP-FILES\REV\96\96-090CP.3 7A-31 • • • . . • • >w BLOCK I T0. EALAKE SECTION 1 - - CEALCFED it TEXAS LOT 24 I LSOT 23--- I LOT 22'ram i LOT 5 Ana i 20 • i • _ AND „d A/ns A/.a A/.n min LOT 2 +...,it tan,. +— _ rw BUILDING +..•.r.w+.xrw" I +.•.NCO iarw g.o-v -'. .tin:Wr, v.od CONPAXT o.-• j..,..81F-8r .nmod„" rrretrNCN ►-r /Q�'-'":••.,•. TA6.r65a..L:w.__ I �� . . I NOO'05'JE'W 4G4.17 °°�`e�, Tln•- f�h� ,�. w A ME�E • b iT atia+O ET mdc ,J • I LOT 0 1 I j `- ' v Location Map7.- O.0004 no • 1 l _ E. �L- . .. i n.m ` 1. Slimly Oak 1�..��r • 1 . -,•---. ri c, i 1 I .•.0 ,,,,, . i - . .• • , _] -.2 .......ara.•...▪...... CT I 1 r�.a.f rtex- _ — ''' O w - ° o 'o 'a , am CO • . .I1 I� I ITS z w NJ g I of ,_I 5021529'W 2a145' r>o� ..r.� r. I '-9— J W d.—._ b i —1 — rg..4..roc®•o,. � E:...�'�� __gaga H U rs. w. LOT 20 I10 x. W ~ A/r3.1 �1 r `4 I O I a.. /:� �;,� — a tang a • I , it-1 ;—.;.:•Q a i H .g.P-0 r ucr• wan PUN/05 'I� ' Y Mrrrrod O.,O•drgfVNM .^ j S•0215'03'W 25S33' �`-\�.-�`+\+ :•%• •1 ..—.. Awns,Taw TOO u.8,1 rNfir `1.N w 1KGr • n . ;LOCK 2 LOT 21 l�so sera On.a..rnrr7l.bM e-•►►AR�.r LAKE CREST g /�!n •n•... fg•.g o.•r.r /:E ` - ]0 r1r l�VA,FA eW l..Nd.Ohl. u b.MYwl rn+.r \ SUMMARY CHART - BUFFERYARDS n►n.r +w,.N Ann L.0 l.r.r lr•.•r \• r-.-FA� lir 0"d,' i. T f-I 04.r C-•.[ ' .N Inn: An•.ar."o. ...An FICA s wn1 nn,Tn. r�.. nMd...NF•� w `w -"" r-.—i".r.lr o+..r.w rstFi w"' Like Crest.Drive Tm•w.W en.:•-su00 TAR r' +' 1 • 1� -. 0�� ~i~aai ow A•.. r- CA1 1 _ Znng+ as ✓a . • LA.Taw T.►tn... "` I i 3 C r�••grptOY•v.�0"�1i• .--� &.r•rd OS,r.MwY r.,Tr,1,2 ' Concept Plan �\�) - ►R.TNigM"6.1ITr~r On TAW 41 y sa n ; : =�: SCAR` I-.00,0�/� IJ►fl.raw w r At c,Mr6 i.wdrw4 M.►Inn .— w ..n . S . .".•'T�n�--•r !r'•�-�; "..Yo0 - p..�,,.'I._N.5.4 +i.i•Lr.UW.N f.1i Arm iIJID• fx 7.►zeM 1.•/-...0.eN—...•ram DATE VVY6 .Y•.•r M-r..ww• /-sr.000 rg M1-•/n ags. ▪ r� .g•g AnnIng•r d Mr% • One Arw Ir.r.• • � 1�...:E..w.. 7.in "r-'.:..^�.On N/g u.c•...•u Prawn.0".. r ./-/0.000 r ANI.+N FN 00l RO.WJ r...Ygg Rq•.l 7.M, .r� A.►rM.g VSIg 0e610w ,Dein raw*en 0.1 sm.,.r An w-r Y wAMY r_4 g.•Hr Ann In Arm*. ...6Zw��r .Lt�'R • REC'D NOV 13 1996 I ..or� "='='O6' . SrJ1E r.WY-W sc. CASE NO. Z A 96-90 1 o • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-211 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 SQUTHLAKE, TEXAS BEING APPROXIMATELY 2.95 ACRES SITUATED IN THE HIRAM GRANBERRY SURVEY,ABS TRACT NO. 581,TRACT 2C,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH CERTAIN "0-1" - OFFICE DISTRICT USES, 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 CUMULATI,VE 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 strucpures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health; safety, morals and • general welfare, all in accordance with a comprehensive plan; and • WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District 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 L:\CTYDOCS\ORD\CASES\480-211R.SP2 _ Page 1 7A-33 • S 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 thebuildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their • original investment was made; and, • • WHEREAS,the City Council of the City of Southlake,Texas,.does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire, panic, and other dangers, . promotes the health and the general welfare, provides adequate.light and air, prevents the over • - crowding of land, avoids undue concentration of population, and facilitates.the adequate.provision of transportation, water, sewerage, schools,parks and other public requirements; and, - WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been • a change in the conditions of the property surrounding and in close proximity to the tract or tracts • of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: . Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed 0and amended as shown and described below: Being a 2.95 acre tract of land situated in the Hiram Granberry Survey,Abstract No. L:\CTYDOCS\ORD\CASES\480-211 R.SP2 Page 2 7A-34 • 581, Tract 2C, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "S-P-2" Generalized Site Plan District with certain"0-1" Office District uses 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 affirmed. - Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed,with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; • to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development • of the community. They have been made after a full and complete hearing with reasonable . • consideration among other things of the character of the district and its peculiar suitability for the particular uses and_with a.view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. . Section 5. . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal.any of the provisions of said ordinances • except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall,,be declared to be invalid, the same shall not affect the validity of the zoning : of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or • refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. ' All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances Saffecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted L:\CTYDOCS\ORD\CASES\480-211 R.SP2 Page 3 7A-35 • • until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place . for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3%13 of the Charter of the City of Southlake. Section 10. . This ordinance shall be in full force and effect from and after its passage and publication as required by law,and it is so ordained. • PASSED AND APPROVED on the 1st reading the day of , 1997. MAYOR ATTEST: S . CITY SECRETARY • PASSED AND APPROVED on the 2nd reading the day of , 1997. a MAYOR S L:\CTYDOCS\ORD\CASES\480-211R.SP2 7A-3 6 Page 4 • ATTEST: CITY SECRETARY / EFFECTIVE: . APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY • • . • , L:\CTYDOCS\ORD\CASES\480-211R.SP2 7A-37 Page 5 EXHIBIT "A" • Being.a 2.45 acre tract of land situated in the KiiAkf CRAHBE11T Suk!EY. T NO; S$t, in Tarrant z Count1,.Tilos-, and b ing tna rsrnofnaai of that tailolr+ .lAorrin G. Ka 9.dY•fis(ct-tn rtcardticf• 'Yolant} - 4508. Page a6.1. Deed Records. !arrant County.•Te(os. Said. 2.4S•aere Unit"Ttitog.::tr3ie'oorliku*.1)% =• - desCiibed as (ellows: - 9ECIHtus4G of o 5/8 ►nch :ran 'rod found .n its So,tn lint of:West -SovMfoes.toi+tecard:Q.►1, Wliftwar. • . No. 1109), sold'point bring tha Nortneost corner of lot 20. Brock• 1, T1LBER CANE•. SLC14Oft.1. at recorded in Cabin' A. Shoe 485. Plat Records. Tarron(:c.c ty, Tisas: • - THENCE South 47 degrees 55 ..Units 09 seconds Last, a onQ-the'3ovlt+line of Weft South101ra_«o4lt+btQ, (r.cf.,Highway No. 1709). a distance of 18,6.f t feet to a .S/8 inch isan.s.d fosjnd. said porn/ .being t)ii • Nortrwesf corner of o tract,of toad •o W Morns orns os recorded in Votlrifu 83=4. Poga•2T$tr; "Q..Q flseards. : Tarrant County. Texas: THENCE .South 02 degrees 18 min,,fee 29 seconds West.•otong. trio Wssl Ora of said Morris tract, a d1sW+tc • of 241.46 feet to a 1/2, inch iron rod found for tni Southwest corner of 'sofa Horne tract: • ' THENCE South 89 degrees 00 .ninvtes 05 seconds East. otang the Search•-iire of said..Korrls tract, a distance of 165.00 too,. to a 5.i inch iron rod set }or I,hi Southeast corn*, of soli Morris trait, sold.. point being In the Westerly'line of LAKE CREST. os retarded in Cabinet A,--Slide 15k•1,, Plat R"ticordt,' Tarrant County. Texas: •. . 1NENCE South 02 degrees 15 'ft-mules 03 secondo •1Nost, along the tltetierly fin.=at •LAKE-CREST. 1t • distance of 255.33' feet to a point for an 'L` tanner-at LAKE CREST. and being the Oommati.NortheitT . 4110 corner of tot 20 and Lot 21, Block 2 of sold. LAKE CREST: THENCE North 87 degrees .56 minutes 10 •*scondl West, along the No!ftf lIns of Lot Ili any!_Lot 20, Block 2. LAKE CREST, 330.64 tier to a 5/8 inch iron rod round for the K rthrtitt••oornor.o'tot 1:9. . . .' and being In the East fine of Lot 24. Olock 1,••ot cold TIMBER-LAKE, SECTION 1; • • . THENCE North 00 degrees 05 minutes '38 seconds wall, along a.portion of The fast tine of Lot .24. . ! Stock 1, TIMBER• LAKE. SECTION 1, the East line of. Lot 23, Lo1 22. Lot 21 and Lot 20. 81ockk I. TtitBCR LAKE, SECTION 1, a.distance of 494.12 feet to the POINT Of BECINHING. • • 1111 L:\CTYDO C S\ORD\CASES\480-211 R.SP2 Page 6 7A-38 • •• ti ..--.. 0 * - • • c-) - 'o ' d - n a m . rn OE C BLOCK I TIMBERLAKE SECTION 1 - N __ macro n LOT 24 LOT 23 • LOT 22 LOT 21 i .LOT 20 LAND M ♦/aO I �r_�.rtr..�r I OA._/ew•t'w_ I A/.0 A/tw I BURDINO o._t.l�..w .. (n to, 1.nD.oa:. Iwo,.n.t....wa.oa • .. ,a rr.. •1•oo lrwi•.Ug•l P.`r.w�� 433.1 ay., • COMPANY ..mot"• ulrq r s:. "'A.IIq rNcw w.ro-+. • OI•r.rern awn ..._.._.._ I ..r�,..-.. -• ._;' •—_.. I NOO'OS'36'W 49a.12' 1• .... .._ r,•.w�r/��. u✓stu.0 ��/f....- tin•-rc'a n w u�.w fi K141eMT?' �•.• (ii ou"u.C"taN `� I^ I Location Map 0 LOT 19 •t - -• ' .• if: • '71-1:',2 KO "7::: 4 I .�rn.- nx� �,:'? ra°'eio`a1oT°u1�• =cZi... •..w (w!/' 1 Iy�`." �7.w _ 1 CO Its LT1.rrr atom.I.. ^ / C 1=-z'Y.:Auta�-rx� W T. I h t ^-I + So2b2v'W 241.1s• :j' m�r.;! r -7 .....^.........r.. - w til `p b I 8 y----�1 1_ ��"' Y.. C °a �' E t�..rr.•..rr_rwr U g .-.�\ -1 m r`ITan - 1 I_ Ti' t."..: •1..' I YJf.�sl.'irr•::`.•« rbr x t. LOT t.20 a l i 1 1 c cD I d ] i 1 tom- �N E 0 km...*.�... I I I— b fi MSS..:^ to ,- i� a ...a I W b7 r. I _:: I •4 1rr t.••• 4 MI a7 a... I i roaµn 0 er.�w roE: ^ L 11�� Iw N., \ tr.wto TAlo7wt)) A.Nq.r t.OM A{.VNI. eM ••S•0215'OJ'W 25S.3 .'' _..�... .✓-.r•.•rim, p.- .w.w. .MH r.e. ' \.•.I1•r.ei•/ • lot r..r A N....r LOT 21 DEWS gletti 1083..o wr.rE �.yw� LAKKE CREST /a., \ LID 70 1J►r ram...rw,..IY POP.rw.wa. 1.1 U..DW..l n.+r /INS �r �r^y o tr �•••••ml I„r„l'R',,, SUMMARY CHART - BUFrFERYAROS 1i,^�ti���� IV,._a \ i...;•rrr.KTPa . 5 wr.r.+AV.,.,MItni.,M..,..M.! .... r. `�i`.=. 1.4.rm.TM IT. I' .0 ...�o.r� \ Lake Creel Drive ra..soma Tom:•-ww.wn ".` S SS I •: = r _ • e•.M►rY.►..o..A... '' .'+�. iS fit 1 t .. owr w.A. .0D : r 1•rr II=Iy ' - M.TMT.Irh... ..' : fS 1 1 3 C "'�.k:6 t Mrrwtr.....,.+rr.Tmr•7 r •"_� Sr. P wY'.�.�'...� •'�^•.'�t�`L"",•.S.'�SM.:.. .: - M.yr......IM POI r r Trr.r _ Concept Plan \ r.Mr...wt0.lww•...!...,.1r_A w. ... . _�._ 11.Ana Po.ATM Bra OCALt 1'•70'-0�I� N Nflw I.^r M .YM wM•...,nM I.YM ~iT` 1.41....MAP A� p.y..r H.+r►..Prr..�►►►ew.A .... +� µ DATE VVP. r14110r twW.M.t XI,-4.PC a.r►^rr W,r...r►MIS KM( ..... .- ►Itr r r.•. ../•RA00 w I w•/•H7M r..+ • ►r.Pr.I.r.r�..wr M.rrrw•l..+t • �•.�+F . rw�.'..~....•r in FAO.Um f Kl AM*.O.. O..A..P.A. ........ w..+ I•rr'.fr....I.r. ICH. MI OM.VPM man F wwM o•I M..r, ,or.We,lew1.1 r,Y...r.w1.....r.. • / .•�.etxtll.... • w.1....V...r....lr.rw f,• M • P.C.V.G4wl.7Sr hr..... .^r + • .oar . RECD NOV 13 1996 v� • WALL r'•)0.4• ACM CASE NO . Z A 96-90 1 0, • Impaete&momeownersz4equirements_Fer_Rezoni.ng Revised 11/21/96 Hiram Granberry Survey,Abstract No. 581, Tract 2C Volume 8374, Page 2186,Dccd Records, Tarrant County,Texas The following requirements and eft ion fo�ropert._. S , a ,., t l i ek a_a ele r r r , vu�n cuiu�i�uiiy iu�iicrri of the grope ! pro iibitions are applieable'to:;the:use: 1. Pe—r itted`.usesahall-uiclude any use allowed in�tlie 0-1, "Office District", - as stated in the City of Southlake Zoning Ordinance in use during ' 1996 on-F..ebruaary-4;1997 with-the-removal-of-the except the following^;high traffic uses: Banking, Savings and Loan, Duplication and Mailing Services, Employment Services, Radio Recording and Television Broadcasting, Travel • Bureaus or services, Real Estate, Bill Paying Services, and Community Facility Uses: Libraries, City Halls, Fire and Police Stations, and other municipal uses; 2. Onlytwo (2) single story buildings will be erected on this site. The building to the west(closest to F.M. 1709)will face to the east,not to exceed 7,400 s.f., and will be placed a minimum of 45 feet from the west property line. The building to • the south will face to the north, will not exceed 11,800 s.f., and will be placed at • least 100 feet from the south property line. The peaks of the buildings shall not • • • exceed 23 feet in height; 3:• The maximum height of any structure to "shall be 23 feet including the peak of the. roof; 4. Building elevation includes roof design. Construction of roof must be similar in • . • construction to the adjacent business office. The larger, longer building to the south will have multiple roof elevations to avoid a single, straight sight line along the peak of the roof as viewed from the front or rear of the building. Flat roofs on eitherrbuilding are unaeeeptable prohibited; • • 5. A solid 8'tall masonry wall matching in masonry appearance to Timber Lake's existing wall to shall be constructed within 60 days of ground breaking along the south and west property lines; 6. No rear of building vehicle access. No impervious material to shall be constructed in these areas; 7. Parking will not exceed the minimum requirements of the City of Southlake • Zoning Ordinance in effect during 1996 On February.4, 1997, or 90 parking spaces, whichever is fewer more and all parking spaces will be placed a minimum of 70 feet from residential property lines; L:\CTYDOCS\ORD\CASES\480-211 R.SP2 Page 8 7A-40 • 8. All building utilities and equipment sliall bm appropriately concealed behind solid masonry walls; 9. Trash containers/receptacles for the development to shall be (1)placed along the east-northeast property line and away from residential property; (2) contained within a masonry wall with a closing wooden gate, and(3)be hidden from view from all adjacent homeowners' properties and travelers on F.M. 1709; 10. No satellite dish to be placed on the property over 6=2 meters in diameter and an_y satellite:dish must be screened from residential property, second story view; 11. The site plan must include a detailed landscape plan as an addendum and must specify and quantify the landscape plantings while clearly depicting their placement on the site plan. In addition to the Bufferyard F-1 requirements, the developer will add Bufferyard C planting with a minimum of 5 canopy trees per 100' run as well as change Bufferyard M planting to Bufferyard P planting. We emphasize: The areas to the west and south of the two buildings will be heavily landscaped with a minimum of five(5) large canopy trees per 100 feet and placed as appropriate to the tree type so as to ensure "full screening" coverage as seen by residential property owners from their second story windows. An additional buffer of one (1) canopy tree and six(6) large (6'40') shrubs to shall be planted line;maintained.between the northwest parking spaces and the residential property Sand 12. Exterior lighting will be for security lighting purposes only and will be placed in such a manner to be directed toward the non-residential buildings and must not "spill over" on to the adjoining Homeowners' property. All rear building security lights must include motion sensors to minimize their utilization to reduce light pollution for the residential property owners; 13, All outdoor business signs will be in compliance with the City of Southlake's sign fees`ordinance: Only monument signs will be constructedrr;, with 14. No Any future development or additions to the property : will'require full notification and review by to the `adjacent'property^owners is as.required for any change to an SP S-P zoning. • L:\CTYDOCS\ORD\CASES\480-211R.SP2 7A-41 'Page 9 ._._ .,._u.,:, ...4..;.,::::,.R;zsf??i;i...,':•?>t„„,jl'..z?„„„,„`:i.ii,:,,,,,2i3i:t,,,,„?,,,, iil;il2siS3 3iiY k ,., , .. ,411 City of Southiake,Texas fit STAFF REPORT January 31, 1997 PROJECT: Second Reading, Ordinance No. 480-W STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Ordinance No. 480-W was approved during first reading by the City Council on January 21, 1997 with the understanding that Councilperson Harris was to meet with staff and industry representatives to address the few remaining areas of concern noted by each. The following reflects reformatting of the ordinance provisions as well as changes resulting from the above referenced meeting and those recommended by the city attorney's office. Section 1 amends the definition section of the zoning ordinance with all revised definitions. Within this section, the following changes were made since the first reading: 1) the phrase,"of telecommunications towers," was added to height to distinguish it from the standard definition of height utilized for buildings, etc.; 2) on mounted telecommunications antenna and monopole telecommunications tower,the regulatory language was removed at the advice of the city attorney; 3) the word auxiliary was changed to ancillary for consistency throughout the section; and 4) the definition of propagation map was changed based on a more definitive definition provided by industry representatives. 0 Section 2 adds the permitted use of telecommunication towers, antennas, and ancillary structures to the"CS" district and references the new section of the ordinance which provides the criteria to be considered with each rezoning application. Section 3 deletes Section 34.1 (bb) (3) in its entirety due to the proposed change in the approval process reflected in this amendment. Section 4 deletes the Board of Adjustment involvement in permits for telecommunication facilities or towers as noted previously. The Board will now review only noncommercial antennas and satellite dishes in excessppf the regulations. Section 5 adds the use, telecommunication towers, antennas, and ancillary structures, to the specific use permit("SUP")section and references the new section of the ordinance which provides the criteria to be considered with each SUP application. Section 6 creates a new subsection within the specific use permits section which establishes the criteria by which telecommunications towers and antennas are reviewed. The following revisions were made since first reading: • "Objectives," modified at the request of the city attorney. • "Subsection E(4),"modified as a result of the joint meeting with Councilperson Harris, staff ' 6' 1 I .. IIand industry representatives. • "Subsections F(2)(b),"modified as a result of the joint meeting with Councilperson Harris, staff and industry representatives. • "Subsection H," was suggested by Councilperson Harris; however, Director Last recommends that the following language be substituted to avoid inconsistencies with the Tree Preservation Ordinance and to assist in the enforcement of both ordinances: "Mitigation of any tree removal shall be in accordance to the Tree Preservation Ordinance, as amended." • "Subsection I,"was deleted at the request of Councilperson Harris and with the concurrence of staff and industry representatives. Due to this deletion, all subsequent subsections were relettered. - • "New Subsection I,"Primary was changed to Principal for consistency with this section and with the zoning ordinance as a whole. • "New Subsection I(4)," modified as a result of the joint meeting with Councilperson Harris, staff and industry representatives. As you will note in the attached letter from AT&T, any square footage less than 264 s.f. is less than ideal for their purposes. It was my understanding from the joint meeting that any equipment building greater than 180 s.f. could seek a variance from this requirement if hardship could be established based on the criteria ® set forth in Subsection"N." • "New Subsection K(2)," modified as a result of the joint meeting with Councilperson Harris, staff and industry representatives. Councilperson Harris suggested that I utilize the language in the lease agreement with Sprint for the Bicentennial water tower site, thereby ensuring that the types and amounts of coverage were in line with those established by state statutes. However, after review by the city attorney, this subsection may be pared down significantly and still accomplish Mr. Harris' objectives. • "New Subsection N," was created to allow an escape valve to the new process and procedures and allows the applicant to present the Council issues of hardship on a case-by- case basis. This language was taken from the variance procedure established in the corridor overlay zone regulations, with the deletion of 1.(d) which reads: "The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance." This option was deleted because it appeared to encourage the expansion of a nonconforming structure or use. • "New Subsection 0," should be provided by the city attorney's office to address potential conflicting language and/or development standards. • Sections 7 - 13 are the standard ordinance boilerplate sections. 76 , . 1 S Attached are the industry's responses to the first draft. It appears that there are four(4)remaining issues open to discussion: • Construction within the floodplain [Subsection D(3)]. Note Mr. Cothrum's proposed language and the attached exhibit he offered as justification for the requested change. • Location of monopole towers [Subsection G(3) and(5)]. The industry representatives feel that these provisions prohibit the location of towers adjacent to or in front of buildings within shopping centers and require that the towers be located by themselves,thereby making them more noticeable. They also feel that the language in §G(5) precludes the construction of monopoles within bell towers, signs, etc. in front of properties. • Square footage of the equipment buildings [New Subsection I (4)]. AT&T (an analog provider) says that less than 264 s.f. is inadequate to meet their needs. Masterplan, representing PCS PrimeCo (a digital provider), indicates that the 180 s.f. is more than adequate to meet their needs. •. Timing of FCC,FAA, etc. certificates of approval [Subsection D]. In general,the industry representatives indicated that the providers would be working on the city and FCC approvals simultaneously. They would prefer submitting all applicable FCC, FAA, etc. approvals at the time of building permit rather than at the time of rezoning or specific use permit approval. Sfirsti In response to the three concerns, I recommend that no changes oe made to the proposed language. I would like to receive confirmation directly from the FCC regarding exceptions to construction within the floodplain before recommending changes to the proposed language. The second and third items above should also remain .as submitted and any exceptions should be reviewed on a case-by-case basis as a variance request. The fourth item I leave to the discretion of the City Council and the desired comfort level they need prior to granting approval of these applications. Should you have questions regarding Ordinance No. 480-W, please call me at (817) 481-5581, extension 743. S r16-3 JAN-28-1997 12:45 P.002/002 , Ill AT&T Wireless Services Memo TO: Karen Gandy, Zoning Administrator DATE: January 28, 1997 FROM: Bob Steinwegbt-- / i SUBJECT: antenna site standards Please consider the following input on;equipment shelter dimensions. Although we use one of three different equipment configurations,the largest we would use would require 264 square feet with 9.5 feet of height. In the event you select a maximum size which places constraints on the shelter size (less than the 264 square feet),we are forced into making a decision which might adversely impact expansion of the cell. If we cannot up size a cell this might create the need for an additional cell, a result not in keeping with your objectives. We pay special attention to cell site aesthetics and have used wrought Iron fencing, brick walls,block walls, a combination of brick and wrought iron, and other tailored designs. In addition,we are able to paint or otherwise customize the exterior of our shelters in conjunction with landscaping. Hopefully, our willingness to invest in appearance related issues will motivate you to allow a maximum of 264 square feet for ur equipment shelters. ank you for your consideration and if we may offer additional input, please do not hesitate to contact me. My number is 214-668.0475. Again, thank you. S 2 TOTAL P.002 Atli)/ 76,ArtviItt+ ?714/ REC'D JAN 2 41997 Section F-2 1. base of monopole - 42" 4,/e 'i Section G 3 . Towers built away from Property line distance of height of the tower. This is OK for guyed not monopole. 5 . Should allow in front of building Section J. 4 . Equipment limited to 7' height and 100 Square feet ' in area. Cellular buildings are 26 feet long and 11 feet 3 inches wide. ,dui • ibis. " 1111 Section L. 1. Add FAA approval prior to issuance of a Building Permit . S 73-5 1-21-1997 1 :d3PM FROM 21d 7d8711d P.2 MASTERPLAN • S January 21, 1997 _ Ms. Karen Gandy, Zoning Administrator ; Department of Community Development City of Southlake . 667 North Carroll Avenue Southlake, Texas.76092 Re: Southlake Telecommunications Tower and Antenna Siting Ordinance . Dear Ms. Gandy: Thank you for the'opportunity to comment on the revised draft of the Southlake Telecommunications Tower and Antenna Siting Ordinance: After discussing it with PrimeCo, I ask that you review further the following points of concern to the industry: b C-4 The only wires or cables associated with our towers are enclosed in conduit • and run from the pole a short distance to the top of our equipment cabinet. To route those underground would be both expensive and difficult. D-3 I believe that certain exceptions have been granted by the FCC. We are currently researching the issue and will provide documentation later. In anticipation of that, please consider the following addition to the sentence: "provided that rules promulgated by the FCC require such approval of the proposed site". E-4 • The time frame may be difficult to meet if detailed engineering is involved: Please consider changing line 3 to read as follows: "...the owner shall have 30 days to initiate compliance with such standards. The tower will be in full compliance within 60 days of the original notice." F-2 In the description of the standards for monopole installation, we are unclear about the meaning of the last sentence. What does "the depth of the platform shall not exceed 4 feet" mean? • III500 South Ervay 9 Buildin •Suite 121A •Dallas,Texas 75201 •214/761-9197 • FAX 214/748-7114 • `lf -CQ •. 1-21-1997 1 :ddPM FROM 21d 7d8711d P. 3 2 G-3 • • This requirement will cause towers to be more visually intrusive. Currently, towers are located near commercial structures to conceal or at least reduce the visibility of the equipment cabinets. This wording would preclude one doing that. Further, since all towers are designed to collapse into themselves, they pose little threat to adjacent users. This issue can easily be dealt with by establishing minimum standards for wind load. - G-5 This is certainly appropriate if the structure is a monopole.' However, this wording would eliminate the ability to construct a sign, clock tower, bell tower, or other structures which would effectively conceal the tower. J-4 The dimensions specified for the equipment building are inadequate for most providers. L-2 What is adequate? Who will determine what is adequate? Open-ended language like this invariably leads to disputes. . M-1 • The six-month requirement for removal does not allow sufficient time for us to find a tenant. The City of Irving, which originally initiated this type of requirement, has informally agreed that tower owners be allowed one year to • lease or sell vacant towers to other providers. I urge you to consider a similar time frame. • You had asked that we provide a definition for propagation.map. I suggest the following language: "Propagation map means a map of the general area showing the coverage offered by the provider's existing towers/antennas and the projected coverage after the installation of the requested tower/antenna." Again, I appreciate the opportunity to provide comments on the proposed ordinance.and would be happy to visit further if you have any questions or concerns. Very truly yours. r MASTERPLAN -7,;(;BA,A-.-. .e. ei-7-4-7i William E. Cothrum WEC:eka S .•. :• .t�i. Y« t ! t.�'4 1 ,1'.! •, tI 11 6,0,1 0 w14G%t 1. 61,1307-Actions which may have a significant environmental effect,for which Envhaameutal Assessments(EAs)must be prepared mud filed with the ACC: 1.1307(aX6)-Facilities to be located In a flood pladn. (See Executive Order 11988). 2. 614306-Miens which are categorically excluded from environmental processinw Note 1: "The provisions of 81.1307(a)requiring.the preparation of SAa do not encompass the mounting of antenna(s)on an existing building or antenna tower unless 31.1807(a)(4)is applicable.,,. The use of existing bulidinge,tower* or corridors is an environmentally desirable alternative to the construction of new facilities and is euncouragge d.° Thus„the Houston RUA does not file FCC linvireemunttal Assessment applications for sites located on existing building.or towers MINN they lipingitewor is located in a historic district. • Flood Asti Yceas 1. The Engineers camp1ete a cursory review of the pro. • • sita•overlaid on the FBMA flood plain boundary map(effective date of ood plain data is October 1994)ba determine if site is located within a flood plain. 2. An envitonmental Phase 1/survey is completed confirming whether or not proposed site is located within 100-year flood plain. (Note:This Phase 1/Survey also tecarninetrother environmental Mies, if any,Resented by proposed situ.) 3. if site is located in the 100-year flood plant,the first option ls to fail the proposed site and look for an alternative site location outside of the 100-year flood • rl -8 4. If site is located in the 100-year flood plain and cannot be m (e.g.,due to FAA„zontng,or RP constraints).then contact local flood plain administrator and engineer in age of building per its/co nstruction for that municipality. In acoarclance with local inning/permitting requhernents,as well ea PENA rule::and regulations, they will determine the following; s. whether Or not sits can be built up In order to receive construction permit,and b. whether or riot the site ciz be built up above base(toad elevate. thereby moving the site out of the 100.year Rood plain and avoiding FCC Rnvlroumenta l Assessment("RA")process. 5. If a construction permit can be obtained, but it is sat feasible to bulld the site up above flood plain level,then an Envh-onmantal Asse rmnient application will be filed with the FCC(in accordance with FCC rule 1.1311)to obtain 902:12oriatigglea approval to build the site. Public Ivor is required,and pm:easing may take'10 to 100 days. Note; FCC appmvaal must precede tower construction activities. 6. If a construction permit can be obtained,and it la.feasible t®build the site up above flood plain level,licensee can alternatively seek FEMAapproval and Sv11d I C EA process as follows: A) guild base silo(not tower)above the flood plaeisi teveLin accordance with the atdaminletratot'is/engineer's • r o mneemdntione and[EMVMA requirements. H) Once the base site is built above 100-year flood levelk file application with FflMA 6o resuove the site from the 100-year flood plain. if appropriate,fMA will issue a Inter of Map Revision(L MA)showing that the site Is not located within the 100►yeaar flood plant,thus removing KC environmental issue. This process should take approximately ten to fourteen days. Tracey Omen a Houston MTA revised 06/06/96 S `?4-9 ORDINANCE NO.480-W AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING CERTAIN DEFINITIONS; AMENDING THE PERMITTED USES IN THE "CS"COMMUNITY SERVICE DISTRICT;AMENDING CERTAIN REGULATIONS FOR TELECOMMUNICATION TOWERS, ANTENNAS, AND ANCILLARY STRUCTURES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR - PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City.of Southlake, Texas is a home rule city acting under its charter.adopted by the electorate pursuant to Article XI; Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and • WHEREAS,the ci ty has adopted Ordinance.No. 480,as amended,as the Comprehensive Zoning • Ordinance for the city; and _ WHEREAS,the city council has determined that it is appropriate and in the best interests of the . city to amend Ordinance No. 480 as provided herein; and WHEREAS,the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: . • • n • • SECTION 1. • Section 4, "Definitions,"of Ordinance No. 480, as amended, is hereby amended by revising the following definition thereto: "ANSI STANDARD means the most recently adopted ANSI C-95.1 standard of the• American National Standards Institute which establishes guidelines for human exposure to non-ionizing electromagnetic radiation("NFER"). BACKHAUL PROVIDER means the owner of a wire network(i.e.,the cable company, electric company, the telephone company) utilized in connecting the various cell sites to telephone switching offices, long distance providers, or the public switched telephone network. DIRECTIONAL ANTENNA means a non-whip, panel or rectangular antenna used to achieve transmission or reception in a specific direction. EIA-222 means Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna towers and Antenna Support Structures." . GUYED TOWER means a freestanding tower which requires the use of flexible guying cables or • wires as the only, or principle means of resisting the designed tower loads. S . HEIGHTIOF.TTE{ECOMMLJ CATIONS ;TOWERS means the vertical distance measured from . ground level to the highest point of the tower, including any attached antennas. - • IEEE STANDARD means the most recently adopted"IEEE(Institute of Electrical and.Electronic Engineer) Standard for.Safety Levels with Respect to Human Exposure to-Radio Frequency Electromagnetic Fields, 3 kHz to 300 Ghz" which establishes guidelines for human exposure to - non-ionizing electromagnetic radiation(`.`NIER"). . KENNEL-A commercial establishment(with indoor and/or outdoor pens and runs)in which dogs, cats, or domesticated animals are housed, boarded, groomed, bred,trained, or sold•all for a.fee or compensation. LATTICE TOWER means a freestanding,open frame tower either rectangular,square or triangular in shape at the base. MOUNTED TELECOMMUNICATIONS ANTENNA means a telecommunications antenna-that - is part of a telecommunications system authorized by the Federal Communications Commission ("FCC") and that is affixed to the roof or other portion of a structure. This'definition may include An an may'ancillary building housing electronic and communications equipments.is permittcd as part of this use. S MONOPOLE TELECOMMUNICATIONS TOWER means a freestanding, single pole structure which utilizes its base as the only or primary means of resisting the designed tower loads and 2 n which supports a platform and antennas that are part of a telecommunications system authorized by the Federal Communications Commission ("FCC"). This:^definition mayAincludc An an III anc laiy building housing electronic and communications equipment of this use. OMNIDIRECTIONAL ANTENNA (also called whip antenna) means a dipole antenna of cylindrical shape which is no more than 6 inches in diameter which serves a 360-degree area. OTHER TELECOMMUNICATIONS COMMUNICATION TOWER/ANTENNA means any telecommunications communications tower or antenna that is part of a telecommunications system authorized by the Federal Communications Commission("FCC"), but that is not covered by the definitions of mounted telecommunications antenna or monopole telecommunications tower. PLATFORM means that portion of a monopole telecommunications tower that is located on top of the pole and that supports directional, transmitting, and receiving antennas. The-platform . bc permitted on a platform. PROPAGATION MAP means a map of the general area' • to bc located showing the coverage-offered by•the provider's existing towers/antennas= • ; mile radius III and_the projecfed coverage`after tlie�iristallafiori of the requestedloweilanteiina: : : SECTION 2. - Section 8.2,"CS" Community Service District Permitted Uses" of Ordinance No. 480, as amended, . is hereby amended by adding the following permitted use thereto: Telecommunications towers, antennas, and ancillarystructures (e.g., equipment "j. buildings, subject to the requirements set forth in Section 45.8 of this ordinance." SECTION 3. li Section 34.1 (bb) (3), "Authorized Accessory Uses"of Ordinance.No: 480, as amended, is hereby deleted in its entirety. SECTION 4. Section 44.12(8), "Special Exception Uses" of Ordinance No. 480, as amended,is hereby amended by revising the following provision thereto: 0 "8. The erection and maintenance of noncommercial radio ALL • and television transmitting and receiving antennas and satellite dishes in excess of maximum height regulations PLOT PLAN REQUIRED or maximum dish size for this district where such structures are related to principal permitted uses • occupying the structures to which they are external to, attached,or affixed.(As amended by Ord.No.480-J)" SECTION 5. Section 45.1 (38), "Specific Use Permits"of Ordinance No. 480,as amended, is hereby added to read as follows: "38. Telecommunications towers,antennas,ancillary structures ALL,except CS" (e.g., equipment buildings),subject to the requirements set forth in Section 45.8 of this ordinance'. SECTION 6. Section 45.8, "SPECIFIC REQUIREMENTS FOR TELECOMMUNICATIONS TOWERS, • ANTENNAS, AND ANCILLARY BUILDINGS," of Ordinance No. 480, as amended, is hereby added to read as follows: I. Objectives The purpose of this otdirtafteeitSdetioti is to establish general guidelines for the sitirkg location of telecommunications towers and antennas whether;`as a peti fitted;use;or as a specific use permit. The City of Southlake recognizes today's rapidly changing technological environment and realizes the public's increasing acceptance of and demand for superior personal wireless-communication services • and with the adoption of this ordinance;the'city's objectives are to: 1) encourage the location of towers in non-residential areas and minimize the total number, height, and obtrusiveness of towers and antennas throughout the community; 2) encourage strongly the joint use of new and existing tower sites through co-location;. 3) encourage users of towers and antennas to locate.them;to the extent possible, in areas where the adverse impact on the community is minimal(e.g.,pre-existing buildings or structures such as water towers, church steeples, bell towers, clock towers, and lighting stanchions or on • municipal-owned properties and facilities)to camouflage or conceal the presence of antennas or towers; 4) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and 5) enhance the ability of the providers of telecommunications services to provide such services • . to the community quickly, effectively, and efficiently. 4 '7Q-13 II. Information Required on Concept Plan Each applicant shall submit a scaled concept plan meeting the requirements of Section 41 of this • ordinance, a scaled elevation view, a propagation map,and other supporting drawings,calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all proposed improvements, -including information concerning topography, proposed tower height, setbacks, drives, parking, fencing, landscaping, screening, adjacent uses,and other information deemed by the City to be necessary to assess compliance with this ordinance. III. Ordinance Exemption Antennas mounted on existing city water towers shall be exempt from the requirements of this ordinance, provided a license or lease authorizing such antenna has been approved by the City Council. All other antennas or towers, located on property owned, leased, or otherwise controlled • by the City Council of the City of Southlake shall be subject to the requirements herein. IV. Development Standards . Certain regulations may be set aside if the requirement effectively denies competition. A. Inventory of Existing Sites Each applicant for an antenna and/or tower shall provide an inventory of its existing towers that are either within the jurisdiction of the city or within one-quarter mile of the border,including specific information about the location,height, and design of each tower. The City may share such information with other applicants applying for approvals under this ordinance or with other • . organizations seeking to locate antennas within the city jurisdiction,provided;however,that the city is not,by:sharing such information,in any way representing or warranting that such sites are available or suitable. B. Co-location and Availability of Suitable Existing Towers and Other Structures 1). No new tower shall be permitted unless the applicant demonstrates to the reasonable , satisfaction of the city that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following: • a. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements. b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference'with the applicant's proposed antenna. e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be S unreasonable. f. The applicant demonstrates that there are other limiting factors that render existing 5 towers and structures unsuitable. • 2). A telecommunication tower must be 1)used by two or more wireless telecommunications • providers; or 2) designed and built so as to be capable of use by two or more wireless telecommunications providers and the owner of the antenna must certify to the City that the . tower is available for use by another wireless telecommunications provider on a reasonable and non-discriminatory basis. - C. Aesthetics and Lighting 1). All towers shall be of monopole construction,unless another tower can be shown to cause less visual impact on surrounding property than a similar monopole structure. 2). Towers shall be maintained with either a galvanized steel finish or,subject to any applicable standards of the FAA,be painted a neutral color so as to reduce visual obtrusiveness. 3),. ' Highly reflective surfaces shall not be permitted. No glare shall be emitted to adjacent properties. - 4). All exterior wires and/or cables necessary for operation of the antenna shall be placed underground, whenever practicable, except for wires or cables attached flush with the surface of a building or the structure of the antenna. V V 5). No permanent lighting is allowed on towers except as required by the FCC or the FAA(i.e., red lights by night/white strobe lighting during the day) . 6). Any temporary lighting shall be oriented inward so as not to-project-onto surrounding residential property. D. Federal Requirements (FAA,FCC,ANSI) V S 1) All towers shall meet or exceed current standards and regulations of the FAA,the FCC,and any other agency of the federal or state government with the authority to regulate towers and antennas. If such standards and regulations are changed,then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six(6)months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to.bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. 2) Applicants shall provide the city with certification of compliance with ANSI and IEEE Standards regarding human exposure to non-ionizing electromagnetic radiation("NIER"). 3). For a site being proposed in a floodplain, the applicant shall provide the city with certification from the FCC of Environmental Assessment("EA") approval. 4) For antennas., towers and/or supporting structures which are to be located in residential neighborhoods and that are to be equipped with high intensity white lights, the applicant shall provide the city with certification from the FCC of EA approval. E. Building Codes; Safety Standards 1) V After receiving the appropriate zoning approval,no tower, antenna, or other appurtenance shall be installed without first obtaining a building permit issued by the Building Official. 2) To ensure the structural integrity of towers;the owner of a tower shall ensure that the tower • ill is constructed and maintained in compliance with standards contained in applicable local building codes ("Uniform Building Codes, UBC") and applicable standards for towers, 6 published by the Electronics Industries Association Standard 222, ("EIA-222")"Structural Standards for Steel Antenna towers and Antenna Support Structures." 3) A tower inspection report (based upon applicable UBC and EIA-222 standards) shall be prepared by an engineer licensed in the state of Texas and filed with the Building Official in accordance to the following schedule: a)monopoles--at least once every ten(10)years; b) lattice towers--at least once every (5) years; and c) guyed towers--at least once every three(3)years. However,the Building Official may require an immediate inspection should. an issue of safety be raised. 4) If,upon inspection,the tower fails to comply with such codes and standards and constitutes a danger to persons or property,then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such stand. d , ri e.___.t....___pp _. ....... d_..�..,.on,_ ..._._.:_~.. ... .. and-thus w_. abw. .hes._...fo standards;uiiless:ahe"'a���licarit"can demon`strafe-a liardslu"- and�thiis-establish�heneedy additional tune. If the owner fails to bring such tower into compliance within said thirty (30) days, the city shall remove such tower at the owner's expense. F. Height The requirements set forth below.shall govern the location of towers that exceed,and antennas that are installed at a height in excess of, the height limitations specified for the underlying zoning district in which the tower and/or antenna is proposed. 1) Mounted Antennas a. Roof-mounted,non-whip type,telecommunications antennas shall not exceed the height of the building by more than twelve (12) feet and maybe required to be screened from view from any adjacent public roadway. • b. Roof-mounted,whip-type,telecommunications antennas shall not exceed the height of the building by more than fifteen(15)feet and shall be located no closer than 15 feet to • the perimeter of the building. c. Building-mounted,non-whip type,telecommunications antennas shall be mounted flush with the exterior of the building so that the antennas project no more than twenty-four (24) inches from the surface of the building to which it is attached, that a minimum clearance distance of fifteen (15) feet is maintained from the ground to the lowest element of the antenna and that the antenna shall be of atexture and color so as to blend with the surrounding surface of the building. • d. •Utility structure-mounted antennas shall not exceed more than twelve (12) feet the maximum height of the utility structure. These utility structures shall include: electric power jransmission structures, light stanchions, and other like structures. 2) Freestanding Towers a. For freestanding.towers, structurally designed to accommodate shared users, the following height and usage criteria shall apply: 1). for two users,up to one-hundred-twenty (120) feet in height; 2). for three users,up to one-hundred-fifty (150) feet in height. b. Monopole Installation The base diameter:of a monopole tower shall not exceeding 42 forty-eight (48") inches. in diameter. No microwave dish or similar device shall be mounted on the pole portion of a monopole telecommunications tower. The platform portion of a monopole telecommunications tower shall not have a horizontal cross section area greater than 196 square feet. The depth of the platform shall not exceed 4 • feet, excluding any whip antenna. Only antennas that are part of a telecommunications system authorized by the FCC shall be permitted on a platform. 1111 G. Setbacks 1) Towers shall be a minimum of 200' or 2:1 distance to height ratio, whichever is-greater, from structures used for residential purposes. . 2) Mounted antennas attached to existing structures(e.g.,bell towers,church steeples, stadium lighting, electrical transmission towers, clock towers, and similar structures) are exempt from the minimum residential setback and distance/height ratio regulations. 3) Towers shall be located in such a manner that if the structure should fall along its longest dimension,it will remain within property boundaries and avoid habitable structures,public streets, utility lines and other telecommunication towers. 4) All guys and guy anchors shall be set back a minimum of 20 feet from any property line. 5) No tower shall be located in front of the building facade facing any street, or be located within any required setback. - H. Landscaping and Screening The following requirements shall govern the landscaping surrounding towers; however, in locations where the visual impact of the tower would be minimal,the landscaping requirement may be reduced. 1). Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible: In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer. ?-When trees%are • �ein , a e.. .._...:,o...the site removed-fr"om�tlie:site;tliey�sl�.allT.be replaced7with trees of, equal or greater caliper on site • or other ity=controlled-property,or if not practicable,they shall be-replacedavith-1-50%af the removed number of trees:? 2). Tower facilities (e.g., tower/antennas and any necessary equipment building) shall be enclosed by an eight(8)foot, solid screening fence or masonry wall or a wrought iron fence • with an eight (8) foot evergreen hedge, and shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from any public roadway or any property used for a residential purpose. 3). Where abutting residentially used land, residentially zoned property,public land or public streets,or land designated as low or medium density residential on the city'.s Land Use Plan, the applicant shall provide a screening plan showing the placement of the plantings of a "F2"bufferyard (as a minimum) as described in Section 42 of this ordinance. I:P-rintary Principal or Accessory Use 1). Antennas and towers may be considered either principal or accessory uses. A different existing user or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. Towers that are constructed and antennas that are installed in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure. • 2). Equipment structures shall be of minimum size to house transmitting/receiving equipment and shall not be utilized for offices, vehicle storage, or for any other use other than.for 8 7I - 7 • transmitting and receiving transmissions. No outside storage shall be permitted on the site. 410 3). At a tower site, the design of the buildings and related structures shall, to the extent possible,use materials, colors, and textures that will comply with the materials permitted by the underlying zoning district and shall blend with the natural setting and any existing structures on the site, or the equipment building shall be contained entirely within a main building on the property,or the equipment building shall be housed in an underground vault. 4). The necessary equipment building shall not exceed .1( feet in height(measured;from grade)nor 1-09 00 square feet in total area. 5). No more than three (3) separate equipment buildings shall be located on a single lot. lJMaintenance and Parking 1). Equipment shall be automated to the greatest extent possible to reduce traffic and • congestion. 2). Providers shall anticipate the maintenance needs of landscaping, sprinkler systems, and access roads. 3). All structures shall be maintained free from graffiti. • 4). One (1) all weather surface parking space shall be provided on each site: The required parking space need not be reserved exclusively for use by.the antenna installation and may . be one of the spaces provided for the principal use on the property. No off-street loading • space shall be required. SIC.:Other Conditions of Approval • 1). Documentation of FAA approval shall be provided when towers are near public airports or S flight paths. 2). Pie be provided. The applicant shall provide tthe:city"with a certificate,:of insurance;_issuedhy . • "insurance-:company"licensed to do business in the,State:fof TexasWiiidicating".thatthe applicaritear"ries_comptehensive general liability insurance•With limits of liability thereuiider of not less-than bodily injury $500,000 for injuryto any one person and$1 000;000•for•all • injuries sustainedby iiiore-thanµoneperso i ii any occurrence,propertyWdainage $1,000,000; • • for damage as a result::of any one:accideiit. The applicant'shall•provide the city:with-4 renewal certificate within then(T0)business days of each.renewal. Any insurance required to be p"rovided by the applicant"therein;may.be provided by a blanket:insurance policy • • covering this property and other locations:occupied by the applicant,"provided such blanket insurance olicycoinplies with all'of the other requirements as to the type and'amouiit of insurance required: • The applicant may also fulfill the requirements under this section through-a prograrit of self-insurance;.siibject to approval by the-city,Whichapproval-shall _ not be unreasonably withheld: If the applicant elects to self-insure,theiFthe applicant shall! furnish"the City`.with a'letter•stating that"there is,a self-insurance program in effect that • provides for the sariie, or greater, coverage than required of the applicant herein: The applicant agrees to furmsli the:city with certificate of insurance certifying that the applicant • has in force-and,effect the above specified insurance. The certificate"=and renewal • • certificates'shall provide that insurance"shall not be canceled or changed-unless 30 days' prior written notice is-just given to the city. 3). •Each backhaul provider shall be identified and have all necessary franchises,permits, and • certificates. The identity of other providers who co-locate to the site and their backhaul 9 • providers shall be provided as well. 1111 4). No lettering,symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a telecommunications tower, platform, or antenna. 5). All construction shall comply with all ordinances of the City not in conflict with this section. 6). In addition to the usual application fees for rezoning or specific use permit requests, the applicant shall reimburse the City the actual cost of professional services,provided by an engineer or other professional,that may be required to review the application and provide expertise. 7). If high voltage is necessary, signs shall be posted every 20' which state, "Danger--High Voltage." The operator shall also post"No Trespassing" signs. MA:Abandonment _ 1). The,owner of a tower and/or related telecommunications facilities shall notify the Building Official when the tower or other structures have ceased operating as part of a. telecommunications system authorized by the FCC. Within six(6) months of the date the tower ceases to operate as part of an authorized telecommunications system,the tower must either be removed from the site, or a certificate of occupancy must be obtained to allow another permitted use of the tower. If within six(6) months, the owner fails to remove the . tower or obtain proper authorization for the use of the tower;the Building Official shall revoke the certificate of occupancy for the tower and notify the city attorney to pursue • enforcement remedies. 2). Tower owner(s) shall bear all demolition costs. • N:1VIInterference Any signal interference complaints associated with telecommunications towers or related equipment shall be addressed in accordance with FCC rules and procedures. N:, Variances:-Atthe tithe:Of review any required Concept Plan,:the City council mT grant ariances'to the'developm.entstandards set forth in this:Section. To receive a variance;the applicantniust demonstrate the followirig= (a) A:variance:willreduce the impact of the project on surrounding residential properties; (b) Compliance with this:ordinance would impair the architectural.design or creativity of •the project; or . ...... .. .... (c) A varianceLLis necessary ary to assure compatibility with surrounding developed properties: 2: The City Council may grant a variance by an affirmative vote of a majority of the City Council members present and voting on the matter. In order to:grant a variance,the City Council must determine that a literal enforcement of the regulations will "create° an unnecessary hardship or a practical difficulty for 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 ordinance. 10 7a-)9 !3'- If-a, —application is deniedrvby the City-`Cduricil;_no oilier v tiaiice.'ofl ke:kind 41110 relating;fo the,same project or proposed project shall-be considered`or ctead upon by the .. .. ...,; __...._ . ...µ _.. City:Council fox a penod of six(b)months subsequent to'the deiii'al • O.° Conflietiiig`.Laniguagearid%or Development"Standard"s SECTION 7. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake,Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 8. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable,and if any phrase,clause; sentence;paragraph or • esection of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court • of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, . sentences,paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9. 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 10. • All rights and remedies of the City of Southlake are expressly saved as to any and all violations of II 78 rao the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard ® regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal,whether pending in court or not,under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 11. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 12. SThe City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten day Nafter final passage of this ordinance,.as required by Section 3.13 of the Charter of the City of Southlake. SECTION 13. 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. 4110 12 78-c21 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF • , 1997. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF • , 1997. MAYOR a ATTEST: CITY SECRETARY •EFFECTIVE: 13 �g�a City of Southlake,Texas STAFF REPORT January 31, 1997 PROJECT: Second Reading, Ordinance No. 480-X STAFF CONTACT: Karen P. Gandy, Zoning Administrator 481-5581, Ext. 743 Attached is Ordinance No. 480-X which amends the maximum density permitted in the "R-PUD" Residential Planned Unit Development district. No changes were recommended during the first reading of the ordinance. This amendment reflects a reduction in the maximum residential density from 2.18 du/acre to 1.80 du/acre per gross acre. It also provides that nonresidential acreage ancillary to the residential P.U.D. be subtracted from the gross acreage of the residential P.U.D. request prior to calculating the density for the development. The method of calculation (based on gross acreage) is unchanged with this amendment. On January 9, 1997, the Planning and Zoning Commission recommended approval (6-0) of the ordinance revision as drafted. On January 21, 1997,the City Council approved the first reading of the ordinance with a(6-0) vote. • ORDINANCE NO. 480-X AN ORDINANCE AMENDING ORDINANCE NO.480,AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING THE MAXIMUM DENSITY PERMITTED IN THE "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AND THE METHOD OF CALCULATION WHEN NON-RESIDENTIAL USES ARE A PART OF THE RESIDENTIAL P.U.D.;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Southlake,Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS,the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and • WHEREAS,the city council has determined that it is appropriate and in the best interests of the city to amend Ordinance No. 480 as provided herein; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: • , . IDSECTION 1. Section 30.5, "Development Regulations," of Ordinance No. 480, as amended, is hereby amended by revising the following provision thereto: "The height, setback, area, floor space, and other development regulations for permissible uses in a PUD district shall conform to the development regulations which would be applicable to such uses if the same were situated in the most restrictive district in which such uses are permitted. However, the City Council may approve more flexible development standards if other design features provide adequate protection to surrounding and adjacent properties. For any residential PUD,the maximum density permitted shall not exceed 1.80 dwelling units per gross acre. This calculation shall exclude all proposed non-residential acreage from the gross acreage. In any residential PUD,all buildings or structures shall have a maximum lot coverage not exceeding thirty percent(30%) of the lot area, except the sum total of accessory buildings shall not exceed 600 square feet." SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, • Texas,except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. , • le.-3 , SSECTION 4. 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 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance;and, as to such accrued violations and all pending litigation,both civil and criminal,whether pending in • court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than • the production thereof. SECTION 7. The City Secretary of the City of Southlake is hereby directed to publish the proposed IIIordinance or its captionand penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this • ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1997. • MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1997. MAYOR ATTEST: • CITY SECRETARY 1C-5 • EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney • • r1c- City of Southlake,Texas • STAFF REPORT January 31, 1997 PROJECT: Second Reading, Ordinance No. 480-X STAFF CONTACT: Karen P. Gandy, Zoning Administrator 481-5581, Ext. 743 • Attached is Ordinance No. 480-X which amends the maximum density permitted in the "R-PUD" Residential Planned Unit Development district. No changes were recommended during the first reading of the ordinance. This amendment reflects a reduction in the maximum residential density from 2.18 du/acre to 1.80 du/acre per gross acre. It also provides that nonresidential acreage ancillary to the residential P.U.D. be subtracted from the gross acreage of the residential P.U.D. request prior to calculating the density for the development. The method of calculation (based on gross acreage) is unchanged with this amendment. On January 9, 1997, the Planning and Zoning Commission recommended approval (6-0) of the ordinance revision as drafted. • On January 21, 1997,the City Council approved the first reading of the ordinance with a(6-0) vote. • ORDINANCE NO. 480-X AN ORDINANCE AMENDING ORDINANCE NO.480,AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING THE MAXIMUM DENSITY PERMITTED IN THE "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AND THE METHOD OF CALCULATION WHEN NON-RESIDENTIAL USES ARE A PART OF THE RESIDENTIAL P.U.D.;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Southlake,Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS,the city council has determined that it is appropriate and in the best interests of the city to amend Ordinance No. 480 as provided herein; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: • r7C p ., • SECTION 1. Section 30.5, "Development Regulations," of Ordinance No. 480, as amended, is hereby amended by revising the following provision thereto: "The height, setback, area, floor space, and other development regulations for permissible uses in a PUD district shall conform to the development regulations which would be applicable to such uses if the same were situated in the most restrictive district in which such uses are permitted. However, the City Council may approve more flexible development standards if other design features provide adequate protection to surrounding and adjacent properties. For any residential PUD,the maximum density permitted shall not exceed 1.80 dwelling units per gross acre. This calculation shall exclude all proposed non-residential acreage from the gross acreage. In any residential PUD,all buildings or structures shall have a maximum lot coverage not exceeding thirty percent(30%) of the lot area, except the sum total of accessory buildings shall not exceed 600 square feet." SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, • Texas,except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. • 9C 3 M 0 SECTION 4. 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 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal,whether pending in • court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public,and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. • SECTION 7. The City Secretary of the City of Southlake is hereby directed to publish the proposed II) 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 rl C— 1 • ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1997. • MAYOR ATTEST: • CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1997. MAYOR ATTEST: • CITY SECRETARY 1C-5 EFFECTIVE: • APPROVED AS TO FORM AND LEGALITY: City Attorney • • 1C^1 ', City of Southlake,Texas STAFF REPORT January 31, 1997 • CASE NO: ZA 96-155 PROJECT: Second Reading/Ordinance No. 480-227 Rezoning/Callicott/Rhodes Farm STAFF CONTACT: Karen P. Gandy, Zoning Administrator,481-5581, ext. 743 REQUESTED ACTION: Zoning Change for CallicottlRhodes Farm on property described as being approximately 1.004 acres, and being Tract 1B5C in the L. H. Chivers Survey, Abstract No. 300. LOCATION: Approximately 810' south of the intersection of East Dove Street and Ridgecrest Drive. OWNERS: Cari C. Rhodes and Kevin Rhodes 7 APPLICANT: Forshey Consulting Services, Inc. CURRENT ZONING: "AG" Agricultural District ®REQUESTED ZONING: "SF-1A" Single Family Residential District LAND USE CATEGORY: Low Density Residential(may include limited low intensity office and/or retail uses) NO.NOTICES SENT: Four(4) - RESPONSES: One (1)response was received within the 200' notification area: • Sonja Callicott, 435 Dove Road, Southlake,in favor of. "I see no problems at all." P&Z ACTION: December 19, 1996; Approved (7-0)to table and to continue the Public Hearing until the January 9, 1997 Planning & Zoning Commission meeting due to Resolution 95-24. January 9, 1997; Approved (6-0). COUNCIL ACTION: January 21, 1997;Approved(6-0)First Reading Ordinance No. 480-227. STAFF COMMENTS: Please note that a change of zoning to the "SF-1A" Single Family Residential District does not require a Concept Plan Review by Staff. 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I —77 • F. 3ailey AG I • • ., I----" • C. Estes SF-1 A : S- Callicott V 1- lio 43 5A,300 • I S . 7® 3 i • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-227 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY 1.004 ACRES SITUATED IN THE LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300, BEING TRACT 1B5C,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM"AG"AGRICULTURAL DISTRICT TO"SF- 1A" 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; 4110 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 21.1 of the Local Government Code, the City has the • authority to adopt a comprehensive zoning ordinance and map regulating the location and use of • buildings, other structures and land for business, industrial, residential and other purposes, and to. amend.said ordinance and map for the.purpose of promoting the public health, safety, morals and • general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District 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 L:\CTYDOCS\ORD\CASES\480-227.SF1 Page 1 r10r 11 • 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 fmd 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 ofSouthlake,Texas,does find that the changes in . zoning lessen the congestion in the streets;helps secure safety from fire,panic, and other dangers, . promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision • of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas,has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in'the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1.• That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas;passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: • Being approximately 1.004 acres situated in the Larkin H. Chivers Survey, Abstract No. 300, Tract 1B5C, and more fully and completely described in Exhibit "A" L:\CTYDOCS\ORD\CAS ES\480-227.S F 1 Paget '1Cr.5 . ., . 0 attached hereto and incorporated herein,from"AG"Agricultural District to"SF-1A" 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 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 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. r 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 0 or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. • L:\CTYDOCS\ORD\CASES\480-227.SF 1 n Page 3 6 13' Section 9. The City Secretary of the City of Southlake is hereby directed to publish the S proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10)days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1997. MAYOR ATTEST: rCITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997.. MAYOR r III L:\CTYDOCS\ORD\CASES\480-227.SF1 Page 4 ATTEST: • CITY SECRETARY / EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY • • • L:\CTYDOCS\ORD\CASES\480-227.SF1 r�(1^.Q Page 5 1 D C7 • EXHIBIT "A" COMMENCING AT A FOUND 5/8 INCH IRON ROD LYING IN THE CURRENT SOUTH RIGHT OF WAY OF EAST DOVE ROAD AT THE NORTHWEST CORNER OF THE SAID 7.17 ACRE TRACT, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TRACT II, A CALLED 2.575 ACRE TRACT OF LAND CONVEYED TO JOANNE POKLADNIK IN A DEED RECORDED IN VOLUME 12408, PAGE 0177,D.R.T.C.T., FROM WHICH A FOUND 'A INCH IRON ROD BEARS NORTH 89 DEGREES 21 MINUTES 17 SECONDS WEST, 199.93 FEET; THENCE SOUTH 01 DEGREES 08 MINUTES 34 SECONDS WEST, 12.74 FEET TO A 5/8" IRON ROD SET IN CONCRETE, SAID POINT LYING ON THE PROPOSED SOUTH RIGHT OF WAY OF EAST DOVE ROAD. THENCE NORTH 89 DEGREES 10 MINUTES 53 SECONDS EAST, THROUGH THE SAID 7.17 ACRE TRACT AND ALONG THE PROPOSED SOUTH RIGHT OF LINE OF EAST DOVE ROAD, SAID LINE BEING PARALLEL TO AND 42 FOOT SOUTH OF THE EXISTING CENTERLINE OF DOVE ROAD,A DISTANCE OF 263.55 FEET TO A 5/8 INCH IRON ROD SET IN CONCRETE, SAID POINT LYING ON THE EAST LINE OF THE • SAID 7.17 ACRE TRACT. THENCE, SOUTH 02 DEGREES r16 MINUTES 55 SECONDS WEST, ALONG THE EAST LINE OF THE SAID 7.17 ACRE TRACT,PASSING A FOUND 3/8 INCH IRON ROD AT 1.61 FEET, BEING THE NORTHWEST CORNER OF LOT 1,BLOCK 1 OF STEWARD ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE AS RECORDED IN VOLUME 388-159, PAGE 40 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; PASSING A 5/8 INCH IRON ROD FOUND AT 193.35 FEET,AND PASSING A 5/8 INCH IRON ROD FOUND AT 394.01, IN ALL A TOTAL DISTANCE OF 838.18 FEET TO.A 5/8 INCH IRON ROD FOUND AT THE SOUTHWEST CORNER OF LOT 3, BLOCK 1 OF SAID STEWARD ADDITION AND BEING THE NORTHWEST CORNER OF THE CALLED 1.0 ACRE TRACT ANI)BEING THE POINT OF BEGINNING. • THENCE NORTH 88 DEGREES 32 MINUTES 34 SECONDS EAST, ALONG THE COMMON LINE BETWEEN THE SAID 1.0 ACRE TRACT AND BLOCK 1 OF SAID STEWARD ADDITION, A DISTANCE'OF'206.98 FEET TO A %2 INCH IRON ROD FOUND • L:\CTYDOCS\ORD\CASES\480-227.SF 1 Page 6 r1 Or L' • ON AN EAST LINE OF THE SAID 1.0 ACRE TRACT AND A WEST LINE OF LOT 2, BLOCK 1, OF VANN ADDITION,AN ADDITION TO THE CITY OF SOUTHLAKE AS RECORDED IN VOLUME 388-159, PAGE 39 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, FROM WHICH A 'A IRON ROD WAS FOUND BEARING SOUTH 89 DEGREES 29 MINUTES 34 SECONDS EAST,21.09 FEET BEING THE SOUTHERLY SOUTHEAST CORNER OF BLOCK 1 OF SAID STEWARD ADDITION. THENCE SOUTH 01 DEGREES 21 MINUTES 20 SECONDS WEST, ALONG THE COMMON LINE BETWEEN THE SAID 1.0 ACRE TRACT AND LOT 2,BLOCK 1 OF SAID VANN ADDITION, A DISTANCE OF 209.00 FEET TO A 5/8 INCH IRON ROD SET AT THE SOUTHEAST CORNER OF THE SAID 1.0 ACRE TRACT AND THE SNORTHEAST CORNER OF A 4.89 REMAINDER OF A CALLED 5.884 ACRE TRACT OF LAND CONVEYED TO SONJA CALLICOTT IN A DEED RECORDED IN VOLUME 9345, PAGE 0680,D.R.T.C.T. THENCE NORTH 88 DEGREES 49 MINUTES 17 SECONDS WEST , ALONG THE COMMON LINE BETWEEN THE SAID 7.17 ACRE AND THE 4.89 ACRE TRACTS, A DISTANCE OF 210.38 FEET TO A POINT FOR A CORNER THENCE NORTH 02 DEGREES 16 MINUTES 55 SECONDS EAST ,THROUGH THE SAID 7.17 ACRE TRACT ALONG THE WEST LINE OF THE CALLED 1.0 ACRE TRACT, A DISTANCE OF 210.04 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.004 ACRES OR 43,720 SQUARE FEET OF LAND,MORE OR LESS. N • L:\CTYDOCS\ORD\CASES\480-227.SF1 n D^�,o Page 7 l City of South lake,Texas STAFF REPORT • January 31, 1997 CASE NO: ZA 96-154 PROJECT: Preliminary Plat/Callicott/Rhodes Farm STAFF CONTACT: Tom Elgin, Planner II, 481-5581, ext. 753 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Preliminary Plat for Callicott/Rhodes Farm on property described as being approximately 12.98 acres,being Tracts 1B3, 1B3C,and 1B5C in the L. H. Chivers Survey, Abstract No. 300. LOCATION: South side of East Dove Street at the intersection of East Dove Street and Ridgecrest Drive OWNERS: Cari Rhodes, Kevin Rhodes, and Sonja Callicott APPLICANT: Forshey Consulting Services,Inc. CURRENT ZONING: "SF-1A" Single Family Residential District and "AG" Agricultural District LAND USE CATEGORY: Low Density Residential (may include limited low intensity office and/or retail uses). NO. NOTICES SENT: Thirteen (13) RESPONSES: Two (2) responses were received within the 200' notification area: • Gayon Bailey, 465 E. Dove, Southlake, in favor. Rob e rt McPherson, 160 E. Dod, ,i in . P&Z ACTION: December 5, 1996; Approved (5-0) applicantveRoa 's requestSouthlake to tablefavor until the December 19, 1996 Planning & Zoning Commission meeting. December 19, 1996; Approved(7-0) applicant's request to table until the January 9, 1997 Planning & Zoning Commission meeting. January 9, 1997; Approved (6-0) subject to Plat Review Summary No. 1 dated December 13, 1996, deleting Item# 12 (proposed Lot 2 must front on a public street); modifying Item #15b (provide a 15' D+UE along the west line of the subdivision)to defer to Final Plat stage. COUNCIL ACTION: January 21, 1997; Approved (6-0) to table until the February 4, 1997 City 110 Council meeting, due to applicant not being present. City of South lake,Texas STAFF COMMENTS: The applicant has met all items in Preliminary Plat Review Summary No. 1 dated December 13, 1996, with the exception of those items addressed • in the attached Preliminary Plat Review Summary No. 2 dated January 17, 1997. L:\WP-FILES\MEMO\96CASES\96-154PP.W PD S • �E-Z 1 LL. pli.rf..._._ .-.- ' ' , 3A 3F /• • I I- I . .-----1 ..,e4' •I'l \ • .1 ! . •.......- If ..$ • r- \ I. '.1 i 1 •, 3A4 E ; REIS D.i! _P ff,::C F ---- 21.5$: i!$c• I I [ \ " r------ r-T-- il TAO 3,.., $2 3 ••••ifY A-1207 hisG415 ,......, i i rs, 3A4A 19.77 Ac g-r01- og _._._._ 1 I i \ i , , 0,14 i , ! i 2A1j 2A I I \ i ! ---„ 3A3 -rg I I i \ I i I 2.89 Ac --.-1,_ • • . .. .. '-f--T----1-,-4-"--..-1-i-7.1- - 3E r--, i -., i I , i i -i ,. • i I -•-•-`-- .. .--1- --- .... 3A3A1 \\-i. . . 6.95 Ac ; -r---1 -- .1 ''.. 1 ''',.r3A3A ! 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SURWY A-3411 n 1 I hi UR i, 1C1 IC IF 0 - -7:-,1 281 2131 64.22 As 2 Ac i 339 Ac 2 -410'5 isi ','] 2, ..-• 13.,,..: -1A.-Q. 1 ' - °___ r U • 9.03 Ac 8 ' 4.3 Ac1E11 • 32.8 Ac o Q a . . .. ... s w r" I--•-oWS i l'" g )1 IA 1111 "1 5.'CP‘ • ET.I1MMX I 1/4,SCHOOL 1 i ; 3.85 Acr ici-a t Ill 13 11-1,0 : VG 2-15 1.87 2 Ac 71-1 IJ _ST DOVE ST. 1 1 ! ' # - 1 ••• etAgRALD ,abLilyiL 1 ,4 i";z! 1,2 :6,.. ,, 181 130 In i ._ Er, i•-•• ESTA 11 •r i 1 •bvi i otea Op _i 1 lA 0 3 1A1 - -.. r• _,‘ 187 i IAIA i;--.4 • 131 0 . :3 .67A 5 5AI A . I , • ‘./ 114.. 1844 V IA 5 Ac 133! 418 Ac • Ar) 8.0 Ac IA .„ -'IAID 4.77 Ac 3 1 :) ' 5.19 •c IBI 481 Ac 1AB 9P Ac.33 .08 Ac IA2 11 014)(5 3 45 2A1& 2A 2C1 i 8.645 Ac 2A ,.-...1 . 8.78 Ac 40 J. WEST ,• 1 2 • ,,&2A2 8.39 Ac 2C o 4C SURVEY A IA-I520 20 Ac ! , 2C3 E . -- , ,.... . 3.66 Acs_ .---. 2C5 12C4' 2C2p-1 ; _ . 68.7 Ac • cm 40.0 35 Ac Primrose Lone Jr't.Si) 3 .::::-.) 1 • 1 31 , ABSA H.LOPA COINE IA R,* 1 - ,.........,n UR SIEY A-299 5E11A . ------T\ I AY 6C 3A4 i 3A . 3A1 100.0 Ac 531 eitglr- ---,--, ;RI•31.11V.0 6FI 6F a 2 rela 01- 6A 3 3 LARKBH H. cvoovEna . • A 4 5 SURVEY A-.300 , 1.A A 56.33 Ac • ,,/,',X0-.0 y c., :.- i▪ • / .1,1. ‘x, Tlailltal '',,,.., 3A3 ". -•••I - %•"1--i -- BM (6•17- 3 4.... .ei ',., • 6J "Ii.E. 1 , r...r.........i 1 L-.-- (13 3E458 Ac , i5 , 4/0 3B2 38 381 ................ ip 41°1 ii \*.e't uiv5fi .,- 4:17-6, 3.15 Ac ,S`i• 5.97 Ac ..:1 • • !•,,,____,..„,,...Z3 Ac,/ 60 I,r714, (_-- V. JACK D. -..... Al/ir 4C2A 4C2 .----4C 44 $ ----K 1 4F3A • JOENSON 'Iv)- , 0„mf:CK 1.1 25.406 Ac ,_...-- 5 ELEMENTARY 44-St .5Ac 39 Ac 6.43 Ac 4 Ac ,,, 0141\i'R 8E1 ar BG \ 8 B DID ARP 7,12 11 1 80 8D3 _ WEST HICKAND STREET : L 8:152- -I 177..0,-i 3E1B '3EIA 3Eic 91861{190J' ... rri°141 i 'L./ 1 4C1A If • )„.. "-4C2B 4C3 • R A p . _.......)--- 4 44 III . l AT 401 HIG-1-043 [ - _ 3 , 8A 8A11 8A16• 8A SABAI al 8 8B4 - . ...---- ------- ---t ,,-- t 8A5 5A,/ 8/131_ 883 TRACT MAP „..,01.3- 11A8- 1 4 ill , ,-Atcp.- •.4 _ , A 882A- Ea", ell - A ' 8AI5 EMC 1 9A wl, ...„.. ! ! ! ! • 1 102 Him . ,93 10 d. . • . V i' . L... • d SA '..--4, •ri-q-1--ii, iiiiiii •1Z'• i lE-3 1 HvdHUtN I OWNERS Y. 1`'i AND ZONING TR 2B1 SPIN #4 DOUG MCKELVEY i 4.0 AC CN�tJ • suRts) ,,__,_...--) - • 1 A:J p- TR SF g ? w ... 32.231 AC 1,OZeh i • 1 . TR 2B q 2.8 AC p 1 T ui • IN PG • TR 1H TR 1A 1.'19 AC 8.0 AC ' I TR b f iFi 4 TR 281A f 4. Jf / 2.0AC 2 1Tp . • 4 / 5 a I 1 3 IN/ W 0 C /1 '. SOS ma i. Ia III _ -- _ _ � — .— Co. RD.-•NO- 3080— — _I 0. onv�oAD nI Algt SOS r 11• a IIII «I TR r� TR AY 183A, TR 182 i 186 II ROIBAi iI )O14 I _ 6 1.0 AC 25 ABC I TR 1 �� �� ea me ; 2.0 TR 18 � • �► 1.3 AC • n 3C >� Ra 7 rtds I.ozLe • TR iB3B 2.57 AC Ik . TR 187 r1 1 .50 AC 1 • I SI w Za8._ Om I I f- s'q . 4) 3 TR 1A 14 l" 3RH%g 35AC r I.00 (i' 8.0 AC ! a i us i q III I . .-- . I `�;, NN - TR sa3 11.33 AC .▪ % A5r-•- r 13 63 1 Q 5.884 (a.o'm) (3.81gN9 ID I � �w I 12 o Ss A 11 • - -4s 1P: 1" 1 . . .,a v i..._ 1. �vE `1c • ZA96-154 Adjacent Land Owners and Zoning 1O-Dec-96 Number Owner Name Zoning 01 MCPHERSON, R. SF-1A 02 USA SF-1A 03 STRAIT, O. SF-1A 04 WADE, B. SF-1A 05 SHELTON, J . AG 06 • BAILEY, G. AG 07 HEITMAN, S. AG 08 BAILEY, F. AG 10 ESTES, C. AG 11 TIMARRON LAND CORP. AG • 12 TIMARRON LAND CORP. AG 13 WAYLAND, H. AG 14 MCDONIEL, E. AG 15 MCDONIEL, E. AG • 9E-5 City of Southlake,Texas PRELIMINARY PLAT REVIEW SUMMARY 410 Case No: ZA 96-154 __ Review No: Two Date of Review: 1/17/97 Project Name: Preliminary Plat - Callicott/Rhodes Farms being 8.090 acres out of the L.H. Chivers Survey, Abstract 300 APPLICANT: SURVEYOR: Kevin& Can C. Rhodes and Sonja Callicott Forshey Consulting Services, Inc. 435 East Dove Road 1309 Trinity Drive Southlake, Texas 76092 Benbrook,Texas 76126 Phone : (817) 481-8997 Phone : (817) 249-4056 Fax : Fax : (817) 249-4056 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/14/97 AND WE 'OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS,SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. .:.,:..........,,..,.:.,,S.c.:.:...C..,HCCt;:.,•7:.,::..:wf:SrXC:OY:`:;k?';s::::..•,<f•S:;- ;,:::;:�:Y•`:-::t:•`:;'•h,SS':£tr..,....:4✓!f.�f•:C"...C:Y.'.'<;,::YS:fv:WY,CG:..C.,....,,.,..tz-mfmm......fi.fimr...:..,:x.c•zo:.v.fi.n:.,,n:00: 1. - Provide the deed volume and page for the Mc Pherson tract located on the north side of Dove Road. 2. Show and label the general outline of area embraced by tree cover. 3. Correct the discrepancy between the acreage shown in the title block and the acreage in the metes and bounds description. 41° 4. Align the R.O.W. dedication line with the north line of Lot 1,Block 1, Steward Addition in order to eliminate the 1.6'±offset and provide a more consistent alignment in the south R.O.W of Dove Road. Make the appropriate changes to the interior dimensions on Lot 1 and to the passing calls in the . written description. 5. Proposed Lot 2 must front on a public street. (P&ZAction 1/9/97: delete) 6. Correct the discrepancy between the bearing tie to the southeast corner of Block 1, Steward Addition in the 2nd call from beginning and the graphic label. 7. The following changes are needed with regard to easements: a. Provide utility easements along the perimeter of the property in the following manner: Where adjacent property is unplatted or platted showing a utility easement less than 10'but equal to or greater than 5',provide a 5'U.E. along the_property line; if adjacent ,,property is platted and shows no utility easement or a utility easement less than 5', provide a 10' U.E. along the property line. b. Show the west line of the private access easement where it cross the center of Lot 1. * Although the required 15' Drainage and Utility Easement has been provided, the applicant S should be aware that final determination of its location will be determined at the time of Final Platting. riE^ QI . City of Southlake,Texas P&ZACTION:• December 5, 1996;Approved(5-0) applicant's request to table until the December 19, 1996 Planning& Zoning Commission meeting. December 19, 1996;Approved(7-0) to table and to continue the Public Hearing until the January 9, 1997 Planning&Zoning Commission meeting due to Resolution 95-24. January 9, 1997; Approved (6-0) subject to Plat Review Summary No. 1 dated December 13, 1996, deleting Item # 12 (proposed Lot 2 must front on a public street); modifying Item #15b (provide a 15' D+UE along the west line of the subdivision) to defer to Final Plat stage. * The applicant should be aware that prior to issuance of any building permits, a final plat must be processed through the City and filed in the County Plat Records. * Denotes Informational Comment cc: Kevin and Cari C. Rhodes Sonja Callicott Forshey Consulting Services, Inc. L:\WP-FILES\REV\96\96-154PP.2 • • . • ..AP. 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SONJA CALLI(:U 11 N4•RO -_ roomy Loon o Kunio A%Nam 00,fK OW n11Af1 I,AA. Rin NOM 1C 701.r• CASE NO. ZA 96-1: p. City of Southlake,Texas • MEMORANDUM January 28, 1997 TO: Curtis E. Hawk, City Manager FROM: Paul Ward, Building Official Bob Whitehead, Director of Public Works SUBJECT: Ordinance 669, 2nd Reading, amending Ordinance No. 620, National Electrical _ Code, 1996 Edition In an effort to simplify the construction process, advance the safety of the electrical system, facilitate the mobility of contractors and reduce construction costs, the North Central Council of Governments has encouraged all jurisdictions throughout the region to adopt the 1996 National Electrical Code (NEC), effective January 1997. The attached ordinance makes provisions for adopting the 1996 edition of the National Electrical Code (Exhibit A). There is also one (1) local amendment concerning conductor material (page 6 Exhibit "B") that • requires all wiring for electrical systems to be copper with one exception: Conductors 1/0 or larger may be used when specified. This amendment allows service entrance conductors from the electrical meter to the electrical panel to be aluminum if 1/0 or larger. Aluminum conductors of this size installed properly will provide a safe electrical system. This is the same local Amendment Adopted with the 1993 NEC. Ordinance 669 repeals Ordinance 620, which adopted the 1993 Edition of the National Electrical Code on September 6, 1994. The City Attorney has reviewed Ordinance 669. Please place Ordinance 669 on the February 4th Council Agenda for the second reading. r 4,_&a,3 c), L id-) , Paul Ward Bob Whitehead Attachment building\memos\ord669 • 7F-1 • ORDINANCE NO. 669 AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE,1996 EDITION;PROVIDING FOR THE ADOPTING OF LOCAL AMENDMENTS THERETO; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS; City Council of the City of Southlake deems it necessary to adopt this 411 ordinance governing requirements for the installation and maintenance of electrical systems, and the use of electricity, in order to protect the health, to protect the health, safety and welfare of the citizens of the City of Southlake. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1 That the National Electrical Code, 1996 Edition,published by the National Fire Protection Association, Inc., is hereby adopted as the Electrical Code of the City of Southlake. A true and correct copy of this Code is attached to this ordinance as Exhibit"A". • 7F-2 • SECTION 2 The National Electrical Code, 1996 Edition, is hereby amended as set fort in Exhibit`B" attached to this ordinance. The City of Southlake may from time to time determine that additional local modifications to the National Electrical Code, 1996 Edition, are necessary and appropriate to meet the unique construction needs of the City of Southlake. To effectuate these modifications, the City Council shall enact individual ordinances amending this ordinance fully setting forth the change to be made in the Uniform code. These amendments shall be consolidated as Exhibit`B"to this ordinance. SECTION 3 The material contained in Exhibits"A" and`B"to this ordinance shall be maintained as a public record in the office of the City Secretary. These exhibits will be available for public • inspection an d d copying during regular business hours. SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas,except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed, specifically including Ordinance 620. SECTION 5 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,paragraphs and sections of this ordinance shall be declared unconstitutional by the valid ill 7F-3 f • • judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 6 Any person,firm or corporation who violates,disobeys,omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to ' exist shall constitute a separate offense. SECTION 7 SAll rights and remedies of the� city of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the electrical systems and electricity which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances,same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than 0 7F-4 • the production thereof. SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10 SThis ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1997. MAYOR ATTEST: CITY SECRETARY ill 7F-5 • PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1997. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: • City Attorney DATE: ADOPTED: EFFECTIVE: D:\WP-FILES\ORD\669\ELECT.WPD 7F-6 • EXHIBIT "A" NFPA 70 National Electrical Code 1996 Edition • S 7F-7 EXHIBIT "B" LOCAL AMENDMENTS TO THE 1996 NATIONAL ELECTRICAL CODE The following sections and paragraphs of the 1996 National Electrical Code are amended as follows: Section 310.2 Conductors (A) no change (B) Conductor Material, Conductors in this article shall be copper. Except that conductors 1/0 or larger may be aluminum when specified. END OF AMENDMENTS WITH ORDINANCE ADOPTION. D:\WP-FILES\ORD\669\ELECT.WPD • 7F-8 City of Southlake,Texas a STAFF REPORT January 31, 1997 CASE NO: ZA 96-71 PROJECT: Resolution 96-51 /Specific Use Permit Outside Storage/ Great Outdoor Landscape STAFF CONTACT: Dennis Killough,Planning Technician 481-5581, Ext. 787 Karen P. Gandy, Zoning Administrator 481-5581, Ext. 743 REQUESTED ACTION: Specific Use Permit for Outside Storage for Great Outdoor Landscape, per Zoning Ordinance No. 480, Section 45.1 (27). The property is described as Lot 3 Block A, Hart Industrial Park and being approximately 0.998 acres situated in the John N. Gibson Survey, Abstract 591. LOCATION: North side of Hart Court, approximately 225' east of the intersection of Brumlow Avenue and Hart Court. OWNER: Joseph Hart APPLICANTS: Scott and Carol Malone CURRENT ZONING: "I-1" Light Industrial District • LAND USE CATEGORY: Mixed Use (may include residential uses as well as office buildings, hotels, and commerical and retail centers that serve local and regional needs) NO. NOTICES SENT: Five (5) RESPONSES: One (1) written response was received within the 200' notification area. .Joseph F. Hart, RR 1 Box 184, Edgewood, Texas 75117- 9710, in favor of. 'Property zoning is industrial; it's okay with me." P & Z ACTION: July 18, 1996; Denied (7-0) December 19, 1996; Approved(7-0)to table and to continue the Public Hearing until the January 9, 1997 Planning & Zoning Commission meeting due to Resolution 95-24. January 9, 1997; Denied (6-0) • COUNCIL ACTION: August 6, 1996; Approved (6-0) to table until August 20, 1996 per the request of the applicant. September 17, 1996; Approved (6-0) to table until November 5, 1996 per the request of the applicant. City of Southlake,Texas November 5, 1996; Approved (7-0) to table until the December • 3, 1996 City Council meeting per City Council Action. December 3, 1996; Approved (7-0) to remand back to the December 19, 1996 Planning & Zoning Commission meeting. January 21, 1997; Approved (6-0) applicant's request to table until the February 4, 1997 City Coucil meeting. STAFF COMMENTS: The applicant has met all the review comments on the Plan Review Summary No. 1 dated July 12, 1996 and Plan Review • Summary No. 2 dated November 27, 1996 with the exception of those items addressed in Plan Review Summary No. 3 dated January 17, 1997. L:\WP-FILES\MEMO\96CASES\96-071SU.WPD • • 13 wc�> � _ 2211 Ik 1 .2 JD JD2 I • R� J3?c 401 • i f� i t 1 i i i i i P i �: . IC 1 Ii 2 I� R 144 i i i ` S 3._--i 1_h1_ `QN } ,i t i 1-!i i i i V I y.o". � 1D C-_ _ V � •i�^..a:r,..:•raT:: - RI • " 13.6 Ac I �1e ti Cr.)iri \ fiii t iiii 'r.. i ei20Ae �� ; -i i ii + 4i1 { I l , 1-90144— rtA33 1 i i: i i . i t j . 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I a 'Lirii, 6.3 Ac sif ' al I-�•� 11 ,i!3 ' I tt� taq .Ie3ac .0 15.6 Ac I .`_ r:LI es :1173. last-141:*9i 161 i 1 n •0 • x ICIi .. 6.IVA 1 N 1 widi,a«� n , mac�> :swum A 4a66 i A I Ac 2E4 31.61 Ac tam d:J ., BSMA Imc . ° 2E6. 163 i� ^' �� GO 1E t I818 �j [UMW E T •�� x1 ,• -\-- 2E7A — f�(�ISO1 DECKEI I5AC .1_�i]RJslalcr w-au rNG 'rvd=� 21n2JI zic � + Ei i ' •2 3o k U51AN51A P.i`t JOO H 2J GI[3$ ►�i i 4171 F If, iD 16 3 ST/AIE')' A—SW TA . .c( . v .�R1k�L J�`� r . 0 28.88 Ac17.is Ae 1NvU.� • uMLOW 11 .., R. ®SEAQ,IEMPOR4 ':::,: •Wit. ' SAI SA sGoOoL 2D '��;" - � 14iGH I .. C I-I E. CON: I • TRACT MAP • • 1601 E. I (817) 548 :..i... IL w . si r`'. rk:v:.at e�?r �' —?> I. a i i 1 • 1 — — — —' — — —% CONYTNERTA?Bl. TR 20, TR 2A2 1/3 .28 AC .22 AC m CA 0) TR 2A1 W .5 AC 1 "I1 " TR 1A aAY - 17 AC M�ASve S. Hayes 21°9° r, 2 ...4- -_ no , _ 20 2 J' S 1 c .6NU ;blii ., ---, _ 2 - o (---. F. CI nil "11" loll to - '. J. Ha J. Mors• . J. Hart - HART - C.T . ,95 2„ au w CD F- "1 1 " n I a i- CC ri 'TH to of C. Fletcher J: Hart _ = J. Hart 44.66 AC 15 2** x al !ice/ `it '•,, TR 2E1 TR 2E2 N .5 AC 2 AC 4 P. - TR :1A C:::/ 1 31. : ::, `6:i SACK, '1:‘ ‘\\\:\\ • ADJACENT OWNERS 11 AND ZONING 0 TR i — 4.66. Ac Spin Representative #7 Darrell Faglie City of Southlake,Texas • CONCEPT PLAN REVIEW SUMMARY illCase No. : ZA96-71 Review No: Three Date of Review: 1/17/97 Project Name: Concept Plan for S.U.P (outside storage) - Great Outdoors Landscape,Lot 3,Block A~ Hart Industrial Park OWNER/APPLICANT: ENGINEER: Great Outdoors Landscape William E. Hickey Designs 2510 Central, Suite 1214'. 1384 Shady Lane#1407 Bedford, Texas 76021 Bedford, Texas 76021 Phone : (817) 283-1749 Phone : (817) 545-1967 Fax : (817) 6854)388 Attn: Scott Malone Fax : (817) 496-0951 Attn: Bill Hickey CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/15/97 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,EXT.787. ...:v.:vy......................• ....v.••:::....w:.w:m.•.•.vvw::::rw;,.,,;;;,;v....:.n..;.;...n......:...........n..v.,.;..;:'.:•}}::.5•.•::::::n..::::::.w::::;::•:�::::xnwx:m:•::nrc:rc:.v w::m::w::.v:::•:.•v::..... • .}...r:::.v::n:.::::::::::::::.w:::::::::::^.............•........,{v::::nv:.v::::.::::v}.v::::.:v:.w:::.{•:.•x:::::::;r:........•........r..r....; .......................... 1. The proposed curb return must be tangent to the adjoining roadway pavement and cannot extend beyond the intersection of side property lines. P & Z ACTION: ' • July 18, 1996; Denied (7-0) December 19, 1996; Approved (7-0) to table and to continue the Public • Hearing until the January.9, 1997 Planning& Zoning Commission meeting due to Resolution 95-24. January 9, 1997; Denied (6-0) COUNCIL ACTION::. August 6, 1996; Approved (6-0) to table until August 20, 1996 per the request of the applicant. September 17, 1996;Approved (6-0).to table.until November 5, 1996 per the • request of the applicant. November 5, 1996;Approved (7-0) to table until the December 3, 1996 City Council meeting per City Council Action. . December 3, 1996; Approved (7-0) 'to remand back to the December 19, 1996 Planning & Zoning . %5 City of Southlake,Texas - S * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 1/27/97. If not received by that time,no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * The applicant should be aware that prior to issuance of a building permit 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. * Although no review of required parking or interior landscape is provided at the Concept Plan level, staff strongly recommends that the lot be evaluated for compliance with the off-street parking requirements per Ord.480,Section 35,and the interior landscape area requirements per the Landscape Ordinance No. 544 prior to preparation of any site plans.The applicant should be aware that all areas intended for vehicular use must be of an all weather surface material in accordance with the Zoning Ordinance and all fire lanes must be per the City Fire Department. * Denotes Informational Comment cc: Great Outdoors Landscape William E. Hickey Designs •:\WP.FILES\REV\96\96.O71CP.3 1 Y S . . . • • • ADJACENT PROPERTY OWNER,SANDRA MCKAY ®Ja VOL 7311 P.C.1754 P ZONED:I-1 w LU.D.:MIXED USED N Bed 20'27•E 100.00' LANDSCAPE BUFFER 10 TYPE B . Ff.� < W c0 SYMBOL LEGEND Gj q o I.UJDSCAPE BVFFER ti•• lB OSCAPE BUFFER [� 10'-0•,TYPE•FI• I rf` // %��% l�i�iiJ%�/////////////////.•tii:..::,,:::, 1B•_D•.TYPE•F1- . a+0? ....,e...:.,1•C:Ii;y1I„:Ii:C1 • • .rti In.n'f/ •,..x, REVS BUFFER YARD AREA B'HOOD STOCKADE FENCE +y7 9yy B' •WOOD 9TOCKAOE FENCE j! LANDSCAPE A:IFIA • ADJACENT PROPERTY ` i II �V,.* .. m ?:7 ADJACENT PROPERTY • HART INDUSTRIAL PARK I INC I I/—UR A•�a 77., i.`11+ LOT 4/BLOCK A w LOT 2/BLOCK A :.• lU�( {. JOSEPH HART JIM MORSE I ':: R.«R 24B AMER DRIVE +7i HORSE CONSTRUCTION INC. 20�yXi GUN BARBELL CITY,TEXAS ,y lsB{HART • A�naLa • • ;.,n 7000 U LQ pj SOUTHIAIIE.TEXAS I 01 ,.. ZO B., I-1 CI 70082 {::: ,•. : •�aa m." MN=AM LUBA NIXED USE O P ZONED:1-t I •••'' MIA. lam= fD ZIP LV.D.:MIXED USE I A7.',� 1+wo NY . 1133 .,.. V / �,i �/J ...R HART INDUSTRIAL PARK e I a A V)1(I w I::t1,7 LOT 3/BLOCK A 8 U Q Ey Cp :}Pu EXISTING ZONING,1-I yy yy PROPOSED ZONING:I-I d I--1 Q F ►;:•f :::3{o EXISTING LU.D.:MIXED USE 3 flfl (14 Q F _ • ?K.4 c PROPOSED LU.D:MIXED USE E 2 o Z 4 • :•~ :n'�Z NO EIDST'G TREE COVER ( a 0Cll Q o l±''� NO EXISTING DRIVEWAY EAST OF PROPERTY. DD ::-•' Yw.rono :•:nZ THE 810111IIY SPACING BETWEEN DRIVEWAY CENTERLINES __--__—�-f°•.^°�u an-� [ry a:4:r: uny Si - MUST BE I00'.CURB RAM CANNOT EXTEND BEYOND „n,, W P 11 SPACE / THE SIDE LOT TINES. �—m O • iv? //////////////////////////////�/� •<•:• DRIVEWAY TO THIE.WEST OF PROPERTY .. a P N n'-.• 9.1415S(440 �✓1 r/J 4;% see 'r':+ IS APPROX. IRS-0 TO CENTRE I, C5 — — / ———q+'ii THE PROPERTY TO 711E WEST IN FRONT IS All,CONCRETE. p,,:, CONCRETE / ,4. CONCRETE F{i•?'T gyp.'^+• �r okT PAVING %,. PAVING py_. � l N BOA 20'4: F. 160.01' • VICINITY MAP rXK` I'�`� LwpscAPE BUFFER V a 10'-O',TYPE"0' _ NOT TO SCALE E w•r G HART STREET gygyw B. o e0'110.11. . • CONCEPT PLAN 4-4 gi SCALE: I•.20'-0• H 1R ADJACENT PROPERTY 1 qqp HART INDUSTRIAL PARK __ _ Q b z u • TAT 3A.B/BLOCK II • JOSEPH HART • I_I J____i::"._.__TF".____.__.,l b 246 AMER DRIVE NORTH 'A 5' TEXAS z P! gi N _ 75147 �� ZONED:I-1 I.U.R.:MIXKD USE u RESOLUTION NO. 96-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR O.UTSI.DETSTORAGE ON PROPERTY WITHIN THE CITY OF SOUTHLAKE;TEXAS, BEING LEGALLY DESCRIBED AS I QTT "3 HARTT:INDUSTRIALT ysPARK, AND BEING APPROXIMATELY 0998W::ACRES; MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A," AND AS DEPICTED IN THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for outsideIstotage has been requested by a person or corporation having a proprietary interest in the property zoned as j'1-i" Light Industrial District; and, WHEREAS, in accordance with the requirements of Section 45.1 (27) of the City's Comprehensive Zoning Ordinance,the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. r NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for outside storage on the property legally described as Lot:3;Hart"IndustrialPark and being approximately 0:9987acres• as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B," subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit:1' 1. 2. 3. 4. ® 5. L:\WP-FILES\RES-ORD\96-051.OUT �r _Q Resolution No. 96-51 Page 2 • SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1997. CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas • L:\WP-FILES\RES-ORD\96-05 LOUT r]�- Resolution No. 96-51 Page 3 4110 EXHIBIT "A" The property is described as Lot 3,Hart Industrial Park,being approximately 0.998 acres situated in John N. Gibson Survey, Abstract 591. The site is located on the north side of Hart Court, approximately 225' east of the intersection of Brumlow Avenue and Hart Court. S . I, S L:\W P-FILES\RES-ORD\96-051.OUT "1 a- to • • i , b11.)CD 0 ' -A 0 z . • . 0 ADJACENT PROPERTY 8 C/1 OWNER,SANDRA MCKAY �J o Hd VOL 7311 PG.1754 ZONED:I-t i •LU.D.:MIXED USED Bed 20'27'E 150.00' LANDSCAPE BUFFER 0 TYPE B YAK''•:.•:..•rFer'rr•::•;;I:•r c; ray. gfiJ7'+'.ei% my fL.h iiiiiiIii/ SYMBOL LEGEND Gj I f��2 2 J.UJDSCAPE BUFFER ;{ . A>,'� f4Pi%/ / �'CAia;l �' L� / LANDSCAPE eL!}FER U ICI-0'.TYPE'FI' 1 •4+/ gr7Z- , to'-0',TYPE'FI' 11 V]A' II j�// �i�l�iiiri%i/ y!'D//O/.'•,;';• ::i ' w w� .° I { e m[to[n•Fan yy,,{! RE'Q'D BUFFER YARD AREA 01 �.i�L I f! co"q[r[ �Q II •. �Ii 4D"aI�¢i[ [Wc[BP[ M1�:: e.v..:z. U CO ly, _ 4�W1 ,••1 1 ``") MNc[un4 g Ai �NOf ti f j LANDSCAPE AREA Y B'WOOD STOCKADE FENCF. ,•22..® 1 Y 2 ml'rt'n�;{.r —e'WOOD STOCKADE FENCE !/, y�4 G' I ' 9 non em ;fir; W .. as �� ADJACENT PROPERTY I �5i;?+�• {1. ors[mu= q{•:�` ADJACENT PROPERTY HART INDUSTRIAL PARR 1 };p iw moms Yqe Y o irr�A .;. LOS 4/BLACK A LOT 2/BLACK A ;;••:::: .n mR,,,mg,_ rj i iosePH HART _ W 7111 HORSE I mnrar[ {v:•;• 246 ADDER DRIVE .� HORSE CONSTRUCTION INC. 20`;`.v yy0",i [°"OP :::'}: GUN HARRELL CITY,TEXAS 'y 1594 HART ow :a4 OP GUN •r%- 75147 "I 1 SOUTHIAKE,TEXAS '�,r , ""mma •+ 2012D:1-1 U LV 76092 I ,,.1.?4 ••• '•" ��[ [Nuc[":u4 {:;•a LU.O.:NIXED USE In 'A Q ZONED:I-I :� i.'v: [�7 LU.D.:HIED USE 1 "v''` ADO Amu, ':lk e QS � OP CRIO6 Wc MP $.r��%! j,� HART I/NDUSSTRI A PARK • W a vcI ry 1 5 r+'% EXISTNG ZONING:I-1 y V A M EWES CO A%) <+ PROPOSED ZONING:1-1 • 3tl3tl3tl3tl 9d O CO R•r$ `mod' v., EXISTING LU.D.:NOD USE O H 02 LOT 0 BLACK A jjf(S I:E:$N�)o PROPOSED LU.D.:MIXED USE a�C^+' �Q!^ GREAT OUTDOORS LANDSCAPE T. ` •:S�'S z NO E7DST'G TREE COVER 7 OU'� a Q.f SONS 750 SQ.F % NO EXISTING DRIVEWAY EAST Or PROPERTY � r Q O cp e . BOO 9Q.PO I9 LEVEL SPACE wn 11. THE MINIMS SPACING BETWEEN DRIVEWAY CENTERLINES _ _. ._L ... a ... M1 MUST BE 100'.CURB RADDI CANNOT EXTEND BEYOND (.� ?..Z THE SIDE LOT LINES. I n.n n O W ill .0" /////////////////////J'/! DRIVEWAY r0 OF PROPERTY r� {•.r••% _ __ y g r fH�/•�ev f1-0 yi IS APPROX.105-0 TO CENTER, 0 +" f/i. —�P j THE PROPERTY TO THE WEST IN FRONT IS All.CONCRETE. __• CONCRETE__ �� CONCRETE I?'f'{ i: " }:<S PAYING ' PAVING SS.,",.,.„ n.o j°du N mod zBYe'E 150.91' VICINITX MAP Jr LANDSCAPE BUFFER Uu I0'-0',TYPE-Tr tu-w NOT TO SCALE HART STREET gq 90'R D.W. i l a CONCEPT PLAN .; rio ADJACENT PROPERTY SCALE: 1'-20'-0" r f HART INDUSTRIAL PARK LAY 3,4,5/BLOCK B 1-'LT _ir n. w' . iw & J09KP11 DART 1.- L-..-1----- 1._ . I— - _-:-i S � 046 ARnrA DRIVE NORTH OUR II M/CITY.TEXAS \'E• 76147 yxe e¢� . CONED: D MIXED USE m _ City of South lake,Texas • STAFF REPORT January 31, 1997 CASE NO: ZA 96-152 PROJECT: First Reading/Ordinance No. 480-226 Rezoning and Concept Plan Southlake Church of Christ STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Zoning Change on property being described as Lot 1, Brock Addition, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-44, Page 40, Plat Records, Tarrant County, Texas, save and except the portion awarded to the State of Texas by Agreed Judgement entered in Cause No. 153-127796-90, a certified copy of which is recorded in Volume 11284, Page 1121, Deed Records, Tarrant County, Texas. Also part of this consideration is a Revised Concept Plan on property being described as Lot 3R, J. G. Allen No. 18 Addition, an addition to the City of S Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2174, Plat Records, Tarrant County, Texas, and Lot 1, Brock Addition, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-44, Page 40, Plat Records, Tarrant County, Texas, save and except the portion awarded to the State of Texas by Agreed Judgement entered in Cause No. 153- 127796-90, a certified copy of which is recorded in Volume 11284, Page 1121, Deed Records, Tarrant County, Texas. LOCATION: Southwest corner of the intersection of Brock Drive and West Southlake Blvd. (F.M. 1709). r OWNERS: Jimmie O. and Judith A. Hettinger(Lot 1, Brock Addition) and Southlake Church of Christ(Lot 3R, J. G. Allen No. 18 Addition). APPLICANT: FDS International. CURRENT ZONING: "SF-1A" Single Family Residential District(Lot 1, Brock Addition) and "CS" Community Service District (Lot 3R, J. G. 7Allen No. 18 Addition). REQUESTED ZONING: "CS" Community Service District(Lot 1, Brock Addition) 1 City of Southlake,Texas SLAND USE CATEGORY: Low Density Residential (limited low intensity office and/or retail uses may be permitted) CORRIDOR RECOMMENDATION: Residential Areas (any Single Family District) NO.NOTICES SENT: Twelve(12) i RESPONSES: Two (2)responses were received within the 200' notification area: • Mr. and Mrs. John Parry, 105 Brock Drive, Southlake, Texas, opposed. Resident states concerns regarding lighting, traffic, noise, flooding, and the placement of parking facilities. • Perry and Elvira Vargas, 209 Brock Drive, Southlake, Texas, opposed. P &Z ACTION: December 5, 1996; Public Hearing continued to December 19, 1996 due to Resolution No. 95-24. December 19, 1996; Approved(7-0) applicant's request to 1111 table to the January 23, 1997 Planning& Zoning Commission meeting. January 23, 1997; Approved(7-0) subject to Concept Plan Review Summary No. 2 dated January 17, 1997, deleting Items #2B (minimum spacing between R.O.W. intersection and driveway centerlines), #2C (minimum spacing between driveway centerlines), #2D (minimum driveway throat depths), #2E(require a Traffic Impact Analysis), and#3 (parking encroaching into the North bufferyard), and amending Item#6 (minimum 8' screening device required along all property lines adjacent to residential property)to provide a plant screen with r evergreen mix. Additional recommendations: provide 45' building line on east; provide 20' bufferyard on the south of Lot 1; landscape on Lot 1 to be provided at time of possession; address lighting issues at Site Plan stage. STAFF COMMENTS: The applicant has met all items in Concept Plan Review Summary No. 1 dated November 27, 1996 and Concept Plan Review Summary No. 2 dated January 17, 1997, with the exception of those items addressed in the attached Concept S Plan Review Summary No. 3 dated January 31, 1997. L:\WP-FILES\MEM0\96CASES\96-152ZC.W PD .Mg POST, BUCKLEY, pSCHUH & JERNIGAN, INC. illrly The Nelson Corporation • September 20, 1996 Mr. Michael C. Skaistis;ALA • Director FDS International 320 Decker Drive,Suite 200 Irving,Texas 75062 • Re: Southlake Church of Christ Driveway Concept Analysis Drainage Concept Analysis PBSJ#96095.00 Dear Michael: In accordance with our agreement dated September 13, 1996,we have performed a driveway concept S analysis and a drainage concept analysis. The results of our findings are provided below. • Driveway Concept Analysis Mr.Jack Hatchell,P.E.,performed the driveway analysis. 1) Three driveways is excessive for this site. The middle driveway should be omitted. 2) The west driveway should align with the west parking aisle to provide better access to the larger rear parking. 3) An access connection should be provided between the northeast parking area and the north central parking area. 4) A fire lane should be provided between the northeast parking and the rear parking for life/safety circulation. This fire lane will also eliminate traffic congestion at the West corner of the Sanctuary Addition. 5) The west driveway should be as wide as practical. The east driveway should meet the minimum requirements for a f;<re lane. 6) The traffic will not have a significant impact on FM 1709, due to a) the fact that peak church traffic does not occur during peak traffic on FM 1709,and due to b)a church does not generate the same traffic volumes as a commercial business. Therefore, the two drives have an adequate separation of almost 500 feet. Two drives are needed to provide adequate life/safety protection. Drainage Concept Analysis Mr. Wayne Barton, P.E.,performed the drainage analysis. The peak undeveloped discharge for the • on-site rainfall is 16.76 cfs. The peak developed discharge for the on-site rainfall is 61.18 cfs. The J:UOB\9609500W\GASKA(STI S.H W B 5999 Summerside Drive, Suite 202, Dallas,Texas 75252 • 214/380-2605 • Fax: 214/380-2609 Engineering• Planning•Surveying•Lanckrz.•- ^-chitecture•Construction Management &4,-3 • Mr. Michael C. Skaistis,AIA September 20, 1996 • PaeTwo total storage required is approximately 1,500 c.y. This storage can be achieved with the current site plan. It is recommended that the following areas be considered for storage: a) place a 6" curb in the long parking row southwest and south of the new building (depth, 3" avg.,6" Max.) . ', b) the triangular open space on the west property line(depth, 1'avg.,2'max.) c) the triangular open space at the southwest property corner(depth, 1' avg.,2'max.) d) the linear open space on the south property line(depth,6" avg., 1' max.) e) the triangular open space at the southeast property corner(depth, 1' avg.,2' max.) f) the circular island southeast of the building(depth, 1.5' avg.,3'max.) g) the open space between the building and the southeast parking (depth, 1' avg., 2' max.) Summary I trust that the above meets your current needs. If we can be of further assistance, please don't hesitate to call. • Sincerely, ��/t OF t i4 of•ctPOST,BUCKLEY, SCHUH&JERNIGAN,INC. el • e Pt • y H.WAYNEB. •N 1 ° .1•52 1 :,lti,A H. yne Barton,P.E. • ^'..... ' b▪• ineering& Surveying Director6) ;f. ?1 ?'ei i '-A a�0� y13 I HWB/mr J tt(jr e 0i) . REC'D NOV 111996 111 J:UOB\9609500\A\C\SKAISTIS.H W B PBS! 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Horton 68 . 13.482 Ac "' 6A TR.5C 1•" 9.56 Ac 1 NOTIFIED FOR ZONING & CONCEPT PLAN ONLY • ALL OTHERS NOTIFIED FOR CONCEPT PLAN ONLY 56 €C1-LQ• City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY ease No: ZA 96-152 Review No:Three Date'of Review: 1/31/97 Project Name: Revised Concept Plan for Southlake Church of Christ,7.9 acres, Lot 3R,J.G. Allen No. 18 Addition and the remaining 1.06 acres of Lot 1 Brock Addition,situated in the J. G. Allen Survey,Abstract No. 18 OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Southlake Church of Christ ServiceMaster. FDS International 2501 W.Southlake Blvd. 320 Decker Drive. Suite 200 Southlake, Texas 76092 Irving, Texas 75062 PHONE:(817) 379-5298- PHONE: (214) 650-6900 • FAX: (817) 379-9249 FAX: (214) 650-7935 ' CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT-RECEIVED BY THE CITY ON 1/27/97 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,EXT.787. 1. The following changes are needed with regard to'proposed driveways intersecting F.M. 1709•and compliance with the Driveway Ordinance No. 634: . * . Due to the increase in traffic volume from 169 parking spaces to 400±parking spaces [which • exceeds the maximum increase of twenty percent'(20%)], the requirements of the Driveway . - Ordinance NO. 634 shall apply to the site. . • A. • The minimum spacing required between centerline of driveways on this site and the nearest right- . of.-way line intersecting F.M. 1709 is 500'.The spacing from the east driveway centerline and the • west R.O.W. line of Brock Drive is approximately 220'. (P&'ZAction 1/23/97: delete) B. Provide the minimum spacing of 500'between driveway centerlines intersecting F.M. 1709. The provided spacing between the east driveway and the middle driveway is approximately,3.80'.The provided spacing between the west driveway and the middle driveway is approximately 140'. . (P & ZAction 1/23/97: delete) C. Provide minimum driveway throat depths for traffic stacking in compliance with Ordinance No: . 634, Section 5.2.d. Driveway throat depths are required as follows according to the number of approved driveways: 3. driveways approved = 100', 2 driveways approved: 100', 1 driveway approved= 150'.The provided throat depth for.the far west driveway is approximately 95'and the • depths of the center and far east driveways are approximately 35'. (P&Z Action 1/23/97: delete) D. This site exceeds 100 parking spaces per driveway entering the site which will require a Traffic Impact Analysis according to the Driveway Ordinance No. 634. The applicant has provided a Driveway Concept Analysis prepared by PBS&J 9/20/96. (P & ZAction 1/23/97: delete) S 2. No parking may encroach into any bufferyard. Parking spaces are encroaching into the North bufferyard. (P& ZAction 1/23/97: delete) 8CCri • City of Southlake,Texas 3. A minimum 8'screening device meeting the requirements of Ordinance 480, Section 39 is required along all property lines adjacent to residential property. This would appear to affect the east, south and west • - property lines of the site. (P&ZAction 1/23/97: amend to provide a plant screen with evergreen mix.) P& ZACTION:• December 5, 1996;Public Hearing continued to.December 19, 1996 due to Resolution No. 95-24. December 19, 1996;Approved(7-0)%applicant's request to table to the January 23, 1997 Planning&Zoning Commission meeting. January 23, 1997; Approved (7-0) subject to Concept Plan Review Summary No. 2 dated January 17, 1997, deleting Items #2B (minimum spacing between R.O.W. intersection and driveway centerlines), #2C (minimum spacing between driveway centerlines), #2D (minimum driveway throat depths), #2E(require'a Traffic Impact Analysis), and#3 (parking encroaching into the North bufferyard), and amending Item #6 (minimum 8' screening device required along all property lines adjacent to • •• residential property) to provide a plant screen with evergreen mix. Additional recommendations: provide 45'building line on.east;provide 20'bufferyard on the south of Lot 1; landscape on Lot 1 to be provided at time of possession;.address lighting issues at Site Plan stage. * .The applicant should be aware that new submittals for the next scheduled meeting must be received at the S City by 5:00 PM on 2/10/97.If not received by that time,,no review will be prepared until the following • submittal schedule.A1117 revised submittals must be folded 6"x 9 and an 11".z 17"revised reduction must be provided. * The applicant should be aware that prior to issuance of•a building permit,a plat revision.incorporating the remainder of Lot 1 Brock Addition and reflecting the correction in the southern boundary of Lot 3R J.G. Allen No. 18 Addition must be processed through the City and filed in the County plat Records, a site plan, landscape plan,and irrigation plan along with the 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,Road, Water and Sewer Impact and Tap Fees, and related Permit Fees. * Although no review of the following issues is provided at the concept plan level, staff strongly recommends that;he applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements. • Vertical and horizontal building articulation (required on the north, east, south, and west building facades)per §43.9C1e, Ordinance 480, as amended. • Masonry requirements per §43.9C l a, Ordinance 480, as amended and Masonry Ordinance No. 557. • • Interior landscaping per Landscape.Ordinance No..544 and §43.9C3 and Exhibits 43-B.and 43-C on Pages 43-12 and 43-13, Ordinance 480,as amended; and Parking Lot Impacts on interior landscaping in §43.9C3h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended. • Residential adjacency standards per §43.11 and Exhibit 43-E on Page 43-15, Ordinance 480, as S ' amended. • Spill-over lighting and noise per §43.12, Ordinance 480, as amended. • Off-street parking requirements per§35,Ordinance 480,as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No.480,as amended. • Fire lanes must be approved by the City Fire Department. ea—O. City of Southlake,Texas * All signs and culverts must be permitted separately. The applicant should be aware that if a day care is to be operated on the site an S.U.P. application must be approved by the City Council. * Denotes Informational Comment cc Southlake Church of Christ ServiceMaster,FDS International L:\WP-FILES\REV\96\96-152CP.3 • • o • • • . • . ., . . FPS INIXIMICNAL 9LVD.i . A is '�,._,_ 1 �.. w NIX BM abranS• '2-.--''''''eall"illia r."4 " .,, . , 1110 _ ii litYPEI . �ts�n 0r�� Ill 1 1.1 10 C. tk ,22,17''''""-'."".', i -...sm9, .. .k.,..-.VV,..„,,.. ...egr2.0''-.,,,Wai "* 1111116101 CI r'. t j� •�4.? 1_ n 1 r ir. it litaullffilrasismall P 4111 Pi: , . /... . ,,,.. „.. , . . ...,.--!: :, 1,...74,113t,,„„. III hi + r: ��rfi;�r� J te i �y ! !'R :itiG iliiIrai '�A0 uW it {`@t. off`_ j��l 1I 1) LOCATION MAP —I 1y{ ��• _rr ' ,1 • I N • ► a, - , a fo+ - 4jl+ �I / _ l ♦Q co 4t0 s -. 7Li,�s / /i' /, �IDe�,Y.��'4140.41/ moo.♦.._.a. W 4 ,e, _____ 7, it.,;. pica 1Ff'`rem-i y�!�� ....gym .. �0 �r +r r l � / i4 . . , :,,....,,...,..,..................,....„....:_.• &I. . , ..:,. „,y,.....: /..., t, -;•....!/, t iF: 1 % ' ' ow .'. 'r 01_7 : ,...,.„,_ . :::...10:, a.... _ if�is =_ 'r 1• SOUTHLAKE CHURCH OF CHRI ST a tV �/� z MARCH, 1996 te ..=-.�ars�.: -i��" syw,—;.— ��.�,_ , Ilarf MI6 SPEY • m TOPOGRAPHIC SURVEY r~2-93 A: " ; .. RED JAN 2 71997 i ri' 11111 • 1 *MOW n.ne K F[D arinnIZIONI 1 1 nveer a..e,.sill me. NMI MM NMIMI Mt grir raw woos NI:Mg M.101.10601011 1 fae MAST fAMNZA 1 / _ ._. ,I _,a�ro.m.,A aKAImW . \ , Irarrlerame,wofMOW lak.aMsulrwra / MIll TOM OM 16.1 ,,.. 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Iu l.aOa IAaf>R I ri llO IC/KC IeDa; ..retieITill �. • ���, orirt.�, �1 ,` ADD ` RI O.4243 ' s � �mil, } - oum Maar r. ■V CO~a wm nN.1o@ • (V 14 -� 1 ��` r.12 7•r rol[ 1 Ian F CO •j j%%% u&FAf,fti. uM AV wpm Arcs.IM MAW'MAIM In.r .// .1OM Al,.=-.Naemf aQil w.v•--- l,70.-w j /%`:%' AOOP WI oem.Amwxarrnm+ mar no arms imow 0 .�1Mrms I��Iv�nw�vm / 'Q{WA /%S ' L`!-J Jt♦�w `.�'....iA•. mlrM.a.r M Ir1�1N:%%/i%// /•%////r. /• err-o. a20,0 awns rrrrt men re[[i ant OONC� %%: ,��%/i%%�i.%//,: ;•///,%./.ACZ•.. �r �f PLAN trr w:, IN aawrr I••.HIS N� py. N4 !I IM Ll- a �� i Z ® , IrOWN>twee AM paw IRI/rM7HILE7Hq\7V .IwNtA.r ro.s ro=e N M wn' r P00.0, .OI-ar In.0 Ir-e • I) 11 s �. x ^��" �' I /R7iA/170►AEIEgnY IAA 116>NOa t AC MO 1ANON ANMIRM11.6 •DM AMAX Match Of COMM>Of OMMOT MOM *. NORTH Il.A.ep19Or I `I/JAN 271997 .Of .; �mm.a. ��a Ml��t�c Wm M.f YMIfI WM1RKOfle eOP M Or GE/.IIMR a(Ir,Mm.VArf.IAI REVISED CONCEPT PLAN FOR SOUTHLAKE CHURCH OF CHRIST "o"�'a't-' K "`�ml rf r>� 2A9 -152 di . .n • S CITY OF SOUTHLAKE, TEXAS ORDINANCETINO':4480=226 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=LOT'IA; BROCKADDITION; BEING APPROXIMATELY 1:068ACRES, SITUATED'IN`THE JESSE G:ALI;EN SURRVEY,TABSTRA.CT'NO:' 14., AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM"SF=1A""SINGLE:FAMILY;RESIDENTIAI yi DISTRICT TO ;"CS COMMUNITY :;SERVICE;T'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 21.1 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS,the hereinafter described property is currently zoned as"SF=1A""Single Family Residential 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 L:\CTYDOCS\ORD\CASES\480-226.CS Page 1 as t� • • S 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 fmd 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, SWHEREAS,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 irk the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed • and amended as shown and described below: Being Lot.1A,Brock Addition, being approximately 1.068 acres situated in the,Jesse G. Allen_Survey, Abstract No. 18, and more fully and completely described in L:\CTYD OCS\ORD\CASES\480-226.CS Page 2 ® Exhibit "A" attached hereto and incorporated herein,fromF7SF-1A Single Family Residential District to"CS"WCominunity Service 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 affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed,with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the • particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those.ordinances are in direct conflict with the • provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,the same shall not affect the validity of the zoning of the balance of said-tract or tracts of land described herein. Section 7. . Any person, firm or corporation who violates, disobeys, omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court ® or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. L:\CTYDOCS\ORD\CASES\480-226.CS Page 3 ea-/4 • SSection 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1997. MAYOR ATTEST: III CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR e S L:\CTYDOCS\ORD\CASES\480-226.CS Q�i5 Page 4 U • ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY • • " L:\CTYDOCS\ORD\CASES\480-226.CS ^� Page 5 C.J .-1'^ • EXHIBIT "A" Property being described as Lot 1A,Brock Addition, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-44, Page 40, Plat Records, Tarant County, Texas, save and except the portion awarded to the State of Texas by Agreed Judgment entered in Cause No. 153-127796-90, a certified copy of which is recorded in Volume 11284, Page 1121, Deed Records, Tarrant County, Texas. • • N • L:\CTYDOCS\ORD\CASES\480-226.CS 8Q_,f7 Page 6 J w III � g i 1 VIM= 'it i ® •�Illli _.T�� ,) ISIEIHO dO HOaf1H0 I I ( 1 r EXHIBIT "B" I I 1 11 1a1 • i. hl JI !Ihi1! h� fi a I rRfiSS ph Ji 1k! 11 t3 ;:;$ NI 1 1 t ..ihi I e(Y6�� l 6g L xn u �C� �QS Hifk..ri 1Q f 6 ih ... iuce Arwev 3r� 11n y.i\ta :.. T.........7_•!• u. 7 tt 1, ai �i KK.. 1 \ st'i q.k s\i ggg la lick �iik a $k99 ¢ c\2 Z cl x MPs I —.��f •\\�\\\\ vim:: ` i[ g 111 - - i 1 1%, 1 L________\ , , , , , 1,.• 1111 • O ti I 041+9 . ___ _ , 1 x ; ,i, bi , et all! all ; ,c ,) ��lir / �;� ill8 a _ g1� y t ; �i' ,tea [� J iCC\: gl _ do_ ■h. 4l�e` \ \\fie. i 0h' � �al�rl�.i ,r unmr �,w xs..nmi • WI w i 1 1 ' \ • Al • ei Lki ,,... - , L: TYDOCS1ORD1CASES1480-226.CS 8c - 'v ' Page 7 q: L66I Th:6E:91 Ld or mil fAlIa\AI IDN0''-':d-v'•1^:-1!c\ City of Southlake,Texas MEMORANDUM January 31, 1997 I TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 670, 1st Reading, authorizing issuance of City of Southlake, Texas, Tax 'and Waterworks and Sewer System, (Limited Pledge) Revenue Certificates of Obligation, Series 1997 At the January 21, 1997 Council meeting, the City Council approved Resolution No. 97-06 which approved and authorized the publication of notice of.intention to issue $9.67 million certificates of obligation. This notice was published in the Fort Worth Star Telegram on January 23 and 30. This is the first reading of the ordinance which will authorize the issuance of the certificates. On February 18, the City's Financial Advisor, First Southwest Company, will accept bids on the City's behalf from underwriters desiring to purchase the certificates. First Southwest Company will calculate the lowest net interest cost on the certificates and make a recommendation to award 0 the bid at the February 18 Council meeting. At that same meeting, the second reading of the ordinance will be presented for consideration. Approval by the Texas Attorney General is required after approval by the Council, and delivery of the funds is anticipated by March 18. The certificates will be issued at a level annual debt service, with a 20 year maturity. , Approval of the certificates will allow the City to proceed with its FY1996-97 adopted Capital Projects Budget totaling $17,965,510, which includes large water and sewer infrastructure projects, neighborhood street, drainage and sewer projects, and improvements to the Public Works facility and the existing city hall. Part of the Capital Projects Budget is funded through existing bond funds on hand, impact fees, and appropriations from operating funds. In addition, the approved FY1996-97 General Fund Budget includes $920,000 in equipment to be funded through through issuance of debt. The $9.67 million in certificates to be issued will permit the City to initiate a large portion of the capital projects. Part of the annual debt service on the certificates will be repaid through a combination of water and sewer rates, and water and sewer impact fees. The remainder of the annual debt service will be repaid through the City's ad valorem tax rate, with no impact of the current year's rate. It is anticipated that no increase in water or sewer rates will be required. Pro-forma schedules prepared by First Southwest Company indicate that the City's debt tax rate component of the total tax rate may increase by $.012 for FY1997-98. This rate is based on assumptions.of tax base growth, interest rates and other factors, however the increase will likely be diminished by greater than anticipated property value increases, and will not affect the 0 Council's ability to maintain the tax rate at its current level in preparing the FY1997-98 budget. Curtis E. Hawk, City Manager Ordinance No. 670 January 31, 1997 page 2 Ratings presentations to Moody's Investor Services and Standard and Poor's, as well as to AMBAC, the bond insurance company, are planned for the evening of February 11, and on February 12. This will be an opportunity for the City to profile the commercial, residential, and park projects in progress, plus emphasize long term development plans. LAH 9)9, - CITY OF SOUTHLAKE CAPITAL PROJECTS SUMMARY ADOPTED FY1996-97 BUDGET SWaste- Streets/ Building eject Water water Drainage Imprints. Total. NEIGHBORHOOD PROJECTS Johnson Road $190,000! $0; $498,800 i $01 $688,800 Ridgecrest, Brian, Hilltop $103,200' $0 i $496,700! $0 I $599,900 Shady Lane Area (1) ' $230,000 $528,000 $0' $0 $758,000 W. Continental $0 $0 $555,750 $0 $555,750 W. Dove-Peytonville/Shady Oaks ! $0 $0 $222,680 $0 $222,680 W. Dove-SH114-White Chapel • $0 $0 $150,0001 $0 $150,000 .W. Highland-Shady Oaks/VVhite Chapel $0 $0 $301,480 $0 $301,480 !Street rehab.-Timarron, Southview, SR Lakes $0 $0 $650,000 $0 $650,000 Huntwick Estates $0 $108,000 $0 $0 $108,000 'Diamond Estates-sewer and streets ! $0 $486,000 $800,000 $0 $1,286,000 Burney to Cul-de-sac $0 $0 $57,000 $0 $57,000 'Burney-N. Carroll to Lonesome Dove _ $0 $0 $129,400 $0 $129,400 !Love Henry Court $0 $0 $66,800 $0 $66,800 'Lake Drive (Dove Estates) $0 $0 $93,000 $0 $93,000 Pine/Lilac $0 $0 $234,600 $0 ' $234,600 Seal coat-Cross Timbers $0 $0 $68,100 $0 $68,100 Seal coat-Lakewood $0 $0 $17,500 $0 $17,500 !Chapel Downs-channel improvements $0 $0 $146,250 $0 $146,250 !Mission Hills-channel improvements and sewer 1 $0 $368,000 $97,500 $0 $465,500 !Continental Park-channel improvements $0 $0 $292,500 $0 $292,500 Engineering-street bond projects $0 $0 $75,000 $0 $75,000 1CDBG Projects $18,600 $0 $0 $0 $18,600 0 MUNICIPAL FACILITIES Public.Works Facility $0 $31,000 $0 $232,8501 $263,850 City Hall Facility $0 $0 $0 $78,118 $78,118 SEWER INFRASTRUCTURE Dove Estates Lift Station $0 $170,000 $0 $0 $170,000 Dove Road-Sewer Force Main $0 $657,000 $0 $0 $657,000 Phase 3 Sewer Assessment-engineering $0 $180,000 $0 $0 $180,000 'Gravity Main-Crossroads Square $0 $125,000 $0 $0 $125,000 1 Sewer Main developer reimbursements S-2 $0 $70,000 $0 $0 $70,000 N-1 $0 $63,482 $0 $0 $63,482 WATER INFRASTRUCTURE Dove to Kirkwood-12"water $200,000 $0 $0 $0 $200,000 North Peytonville-8"water; 6"sewer $45,000 $20,000 $0 $0 $65,000 Woodland Heights-8"water/seal coat Westwood $30,000 $0 $17,500 $0 $47,500 20"transmission line from Trophy Club $1,300,000 $0 $0 $0 $1,300,000 120"transmission line-pump station/Dove elevated $650,000 $0 $0 "$0 $650,000 12"water line-Continental & Kimball $490,000 $0 $0 $0 $490,000 Village Center infrastructure $119,700 $0 $0 $0 $119,700 ,Miron elevated water tank-FM1709/Miron (2) $750,000 $160,000 $0 $0 $910,000 1 Water Ground Storage #1-Pearson (3) $2,881,000 $0 $0 $0 $2,881,000 #2-T. W. King I $2,710,000 $0, $0 $0 $2,710,000 Total $9,717,500 $2,966,482 $4,970,560 $310,968 $17,965,510 • (1) FY1997-98 budget to include$709,445 for street improvements. (2)Added $750,000 for 20"water line along FM1709 from White Chapel to the Miron elevated water tower site. FY1997-98 budget to include funding for construction of elevated storage tank. (3)Added $400,000 for fencing and brickwork that was not included in initial Capital Projects Budget. r CITY OF SOUTHLAKE EXHIBIT "A" CAPITAL PROJECTS . 1996-97 ADOPTED BUDGET 97bond3.wk4 02:51 PM 09/12/96 FY95-96 FY94-95 Adopted FY95-96 FY96-97 Actual Budget Revised Adopted ALL FUNDS Revenue Interest Income 579,264 340,500 399,000 242,500 Fees 1,029,155 1,365,000 1,638,056 1,720,000 Assessment Income 11,239 70,000 20,000 65,000 Developer Participation 36,649 0 85,000 0 Carroll ISD Participation __ 25,105 30,000r _ 0 0 City of Keller Participation Q Q Q Q Total Revenue 1,681,412 1,805,500 2,142,056 ,2,027,500. Expenditures Water/Sewer Projects 1993 Water Bond Projects($1.3 million) 157,091 0 0. . 0 Water Impact Fee Fund 256,199 279,800 496,079 500,000 Sewer Impact Fee Fund .. 692,231 400,000 916,833 1,085,482 Waterworks Improvements Fund 0 957,047 1,523,185 757,500 995 Water Bond Projects($2.5 million) 93,860 1,725,000 1,166,249 2,881,000 97 Water/Sewer Bond Projects. 0 0 0 5,7.90,000. - ewer Assessment Fund 198.896 764.840 1.035.740 1.670.000 Subtotal-Water/Sewer Projects 1.398.277 4.126.687 5.138.086 12.683.98Z Streets/Drainage Projects 1993 Street Bond Projects($1.5 million) 509,580 0 28,147 0 1994 Street Bond Projects($3 million) 336,709 1,853,357 703,823 1,154,910 Perimeter Road Fee Fund 70,393 0 0 - 0 Infrastructure Reserve Fund 1,780,259 1,967,850 2,227,059 575,000 1997 Infrastructure Reserve Fund . 0 0 0 3,551,618 Street Impact Fee Fund 0 0 0 0 Drainage-Offsite Fund . . Q Q Q Q Subtotal-Streets/Drainage Projects 2.696.941 3.821.207 2.959.029 5.281.528 Parks Projects SPDC Revenue Bond Projects 2.459.011 141.207 320.435 4 Total Expenditures 6.554.229 $_089.101 8.417.550 17.965.510 Net Revenue (4,872,817) (6,283,601) (6,275,494) (15,938,010) Bond Proceeds 5,693,820 1,843,000 2,797,380 12,672,000 Transfers in 958,436 1,081,840 2,105,393 0 Transfer out (410.130) (241.469) (909.351) (113.397) Total Other Sources(Uses) 6,242,126 2,683,371 3,993,422 12,558,603 Beginning Fund Balance 7,727,258 9,096,567 9,096,567 6,814,495 Ending Fund Balance 9,096.567 5.496.337 6.814.495 3.435.088 S • 1 Page 20 ORDINANCE NO. SAN ORDINANCE authorizing the issuance of "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1997" ; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, notice of the City Council's intention to issue certificates of obligation in the maximum principal amount of $9, 670, 000 for the purpose of paying contractual obligations to be incurred for (a) the construction of (i) improvements and extensions to water and sewer facilities, including the acquisition of land therefor, (ii) street and drainage improvements, (iii) improvements to municipal buildings, including the city hall complex and the public works building, (b) the 11/0 purchase of materials, equipment and machinery for various city departments, including the public works, parks and recreation and public safety departments and computers for city departments, and (c) professional services rendered in relation to such projects and the financing thereof, has been duly published in The Fort Worth Star Telegram, a newspaper hereby found and determined to be of general circulation in the City of Southlake, Texas, on , 1997 and , 1997, the date the first publication of such notice being not less than fifteen (15) days prior to the tentative date stated therein for the second reading and final passage of the ordinance authorizing the issuance of such certificates; and WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and WHEREAS, the Council hereby finds and determines that all of the certificates of obligation described in the aforesaid notice should be issued and sold at this time; now, therefore, S0398374 R? S r BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, • TEXAS: SECTION 1: Authorization, Designation,_ Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $9, 670, 000, to be designated and bear the title "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1997" (hereinafter referred to as the "Certificates") , for the purpose of paying contractual obligations to be incurred for (a) the construction of (i) improvements and extensions to water and sewer facilities, including the acquisition of land therefor, (ii) street and drainage improvements, (iii) improvements to municipal buildings, including the city hall complex and the public works building, (b) the purchase- of materials, equipment and machinery for various city departments, including the public works, parks and recreation and public safety departments and computers for city departments, and (c) -professional services rendered in relation to such projects and the financing thereof, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A. , Local Government Code, Subchapter C of Chapter 271, as amended. SECTION 2 : Fully Registered Obligations - Authorized Denominations-Stated Maturities-Date. The Certificates are 11/0 issuable in fully registered form only; shall be dated February 15, 1997 (the "Certificate Date") and shall be in denominations of $5, 000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) 1998 $ 45, 000 % 1999 310, 000 % 2000 325, 000 % 2001 340,000 % 2002 355, 000 % 2003 375, 000 % 2004 390, 000 % - 2005 410, 000 % 2006 435, 000 % 2007 455, 000 % 2008 480, 000 % 2009 505, 000 % 2010 535, 000 % • 0398374 -2- SCR,—ln r S 2011 565, 000 $ 2012 595, 000 2013 630, 000 2014 670, 000 2015 705, 000 2016 750, 000 2017 795, 000 The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months) , and such interest shall be payable on February 15 and August 15 of each year, commencing February 15, 1998 . SECTION 3 : Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption, or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Texas Commerce Bank National Association, Dallas, Texas to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the. City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. • 0398374 -3- 4 1 Principal of and premium, if any, on the Certificates shall be III payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office") . Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in-the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record 1111 date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4: Redemption. (a) Optional Redemption. The - , Certificates having Stated Maturities on and after February 15, 2008, shall be subject to redemption prior to maturity, at the option of the City, •in whole or in part in principal amounts of $5, 000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) , on February 15, 2007 , or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45) days prior to a redemption date for the Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar) , the City shall notify the Paying Agent/Registrar S0398374 -4- 12")'- 4 IIIof the decision to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5, 000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of Sredemption for the Certificates, (ii) identify the Certificates to be redeemed_ and, in .the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion'of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified and the interest thereon, ' or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, provided moneys sufficient for the payment of such Certificate (or the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall- be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor. S0398374 45_ 9 SECTION 5: Registration - Transfer - Exchange of S Certificates-Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Certificate may be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Certificate for transfer at the Designated Payment/Transfer- Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for Sexchange, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer. Office_ of the Paying . Agent/ _.. Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates to the Holder requesting the exchange. All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. S0398374 _6- g- i ts 1110 Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates, " evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 19 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3 , 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of III "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC) , a limited - purpose trust company organized under the laws of the State of New York, in accordance with the requirements and procedures identified in the Letter of Representation, by and between the City, the Paying Agent/Registrar and DTC (the "Depository Agreement") relating to the Certificates. Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the "DTC Participants") . While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co. , as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees 1110 0398374 -7- S with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3 , 4 and 5 hereof. SECTION 7 : Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the -Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to •the initial purchaser(s) and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of S registration substantially in the form provided in Section 9C, manually executed -by. .the Comptroller- .of Public-Accounts of - the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8: Initial Certificate(s) . The Certificates herein authorized shall be initially issued either (i) as a single fully registered certificate in the total principal amount of $4, 100, 000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as twenty (20) fully registered certificates, fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and -to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificate(s) ") and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s) shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and S0398374 -8- 1111 registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s) . Any time after the delivery of the Initial Certificate(s) , the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser (s) , or the designee thereof, shall cancel the Initial Certificate (s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s) , or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9 : Forms. A. Forms Generally. The Certificates, the Registration Certificate of—the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and ' such legends and endorsements (including insurance legends in the S event the Certificates, or any maturities thereof, are purchased with insurance and any .reproduction of an . opinion of counsel.) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the certificate. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as - evidenced by their execution. 1111 0398374 -9- 1110 B. Form of Certificates. REGISTERED REGISTERED NO. . $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF OBLIGATION, SERIES 1997 Certificate Date: Interest Rate: Stated Maturity: CUSIP NO: February 15, 1997 _ Registered Owner: Principal Amount: DOLLARS The City of Southlake (hereinafter referred to as the "City") , a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to 1110 pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 1998 . Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor; provided, however, while this Certificate is registered to Cede & Co. , the payment of principal upon a partial redemption of the principal amount hereof may be accomplished without presentation and surrender of this Certificate. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, S 0398374 -10- 11) - 1u- S first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of . public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $9, 670, 000 (herein referred to as the "Certificates") for the purpose of paying contractual obligations to be incurred for (a) the construction of (i) improvements and extensions to water and sewer facilities, including the acquisition—of land therefor, (ii) street and drainage improvements, (iii) improvements to municipal buildings, including the city hall complex and the public works building, (b) the purchase of materials, equipment and machinery for various city departments, including the public works, parks and recreation and public safety departments and computers for city departments, and (c) professional services rendered in relation to such projects and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A. , Local. Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance") . S The Certificates maturing on and after February 15, 2008, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5, 000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) , on February 15, 2007 , or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption and upon 30 days prior written notice being sent by United States Mail, first class postage prepaid, to the registered owners of the Certificates to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon said redemption date such Certificate (or the portion of its principal sum to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys for the payment of the redemption price and the interest on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. 1111 y 0398374 -11- SIn the event of a portion of the principal amount of a Certificate is to be redeemed and the registered owner is someone other than Cede & Co. , payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Certificate to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Bond redeemed in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and from a limited pledge of the Net Revenues (as defined in the Ordinance) of the City's combined Waterworks and Sewer System (the "System") , such pledge being limited to an amount not in excess of $1, 000 and, together with a parity pledge securing the payment of the Previously Issued Certificates, being junior and subordinate to the lien on and • pledge of such Net Revenues securing the payment of "Prior Lien Obligations" (identified and defined in the Ordinance) now outstanding and hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of •and the nature and extent of the tax levied for the payment of the Certificates; the nature and extent of the limited pledge of the Net Revenues securing the payment of the Certificates; the terms and conditions relating to the transfer or exchange of.. this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledge of the Net Revenues and covenants made in the Ordinance may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer 1111 0398374 _12- gei p , S Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar lEo the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of S either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for - thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of II 0398374 -13- . S Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor 1110 City Secretary (SEAL) • S 0398374 -14- 1 1 SC. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Do Not Print on Definitive Certificates • D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in Dallas, Texas, is the "Designated Payment/Transfer Office" for this Certificate. Registration Date: TEXAS COMMERCE BANK NATIONAL ASSOCIATION, Dallas, Texas, as Paying Agent/Registrar By Authorized Signature 1110 0398374 -15- 1 ` SE. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee: ) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints . . . . . . . . . . . attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assign- Signature guaranteed: went must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. F. The Initial Certificate(s) shall be in the form set forth Sin paragraph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the certificate the headings "Interest Rate " and "Stated Maturity " shall both be omitted; (ii) paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of Southlake (hereinafter referred to as the "City") , a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for ,,value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: S -16- 0398374 , PRINCIPAL INTEREST 4111 YEAR INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof) . (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, 1998 . Principal installments of this Certificate are payable at its Stated Maturity or on a prepayment date to the registered owner hereof by Texas Commerce Bank National Association, Dallas, Texas (the "Paying Agent7Registrar") , upon presentation and surrender, at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office") . Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date" , which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to IIIthe Paying Agent/ Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Certificates" shall mean the $9 , 670, 000 "City of Southlake, Texas, Tax and Waterworks. and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1997" authorized by this Ordinance. (b) The term "Certificate Fund" shall mean the special Fund created and established under the • provisions of Section 11 of this Ordinance. III 0398374 -17- (c) The term "Collection Date" shall mean, when 4111 reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (d) The term "Fiscal Year" shall mean the twelve month financial accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City. (e) The term "Government Securities" shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed bZ the United States of America, and the United States Treasury obligations such as its State and Local Government Series in book-entry form. (f) The term "Gross Revenues" shall mean all income, receipts and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction) of the System, including earnings _and income derived from the investment or deposit of moneys in any special funds or accounts S created and established for the payment and security of the Prior Lien Obligations payable solely from the revenues of the System and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. (g) The term "Maintenance and Operating Expenses" shall mean all current expenses of operating and maintaining the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Revenues" . Depreciation charges shall not be considered Maintenance and Operating Expenses. Maintenance and Operating Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods, S0388374 -18- services, or facilities for the System to the extent 1110 authorized by law and the provisions of such contract. (h) The term "Net Revenues" shall mean the Gross Revenues of the System, with respect to any period, after deducting the System's Maintenance and Operating Expenses during such period. (i) The term "Outstanding" when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 20 hereof; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in S Section 19 hereof. (j) The term "Previously Issued Certificates" shall mean the outstanding (1) "City of Southlake, . Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1990" , dated August 1, 1990, issued in the original principal amount of $1, 100, 000, (2) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1992" , dated May 1, 1992, issued in the original principal amount of $1,300, 000, (3) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1994" , dated December 1, 1994 , originally issued in the principal amount of $4 , 350, 000 and (4) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1996" , dated February 15, 1996, originally issued in the principal amount of $2, 380, 000. (k) The term "Prior Lien Obligations" shall mean (i) the outstanding and unpaid (1) "City of Southlake, Texas, Waterworks and Sewer System Revenue Bonds, Series 1984" , dated May 1, 1984 , originally issued in the • 0398374 -19- S aggregate principal amount of $500, 000, (2) "City of Southlake, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 1987" , dated March 1, 1987, and originally issued in the aggregate principal amount of $217 , 000 and (3) "City of Southlake, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 1992-A" , dated October 1, 1992, and originally issued in the aggregate principal amount of $1, 300, 000, and (ii) obligations hereafter issued which by the terms of the authorizing ordinance are made payable from and secured by a lien on and pledge of the Net Revenues of the System ranking prior and superior to the lien and pledge securing the payment of the Certificates. (1) The term "System" shall mean ali-properties, facilities and plants currently owned, operated and maintained by the City for the supply, treatment, transmission and distribution of treated potable water and the collection, treatment and disposal of water-carried wastes, together with all future extensions, improvements, replacements and additions thereto. SECTION 11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, S redemption and retirement of the Certificates, there shall be and is hereby created a special account •or fund on the books and records of the City known as the "SPECIAL SERIES 1997 TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND", and all moneys deposited to the credit of such Fund shall be shall be kept and maintained in a special banking account at the City's depository bank. Authorized officials of the City are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the "Public Funds Investment Act" (V.T.C.A. , Government Code, Chapter 2256) relating to the investment of "bond proceeds" ; provided .that all such investments shall be made in S -20- 0398374 . such a manner that the money required to be expended from said 1111 Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 12 : Tax Levy. To provide for the payment of the "Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater) , there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient` tax on each one —hundred dollars' valuation of taxable property in said City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally S sufficient tax in consideration of all . . other - outstanding .. - indebtedness. Accrued interest and premium, if any, received from the purchasers of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13 : Limited Pledge of Net Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, the Net Revenues of the System in an aggregate amount not to exceed $1, 000 are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and the limited pledge of $1,000 of the Net Revenues of the System herein made for the payment of the Certificates shall constitute a lien on the Net Revenues of the System in accordance with the terms and provisions hereof and shall be on a parity in all respects with the lien on the Net Revenues securing • the payment of the Previously Issued Certificates. Furthermore, • 0398374 -21- Y such lien on and pledge of the Net Revenues securing the payment 1111 of the Certificates shall be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. SECTION 14 : System Fund. The City covenants and agrees that all Gross Revenues (excluding earnings from the investment of money held in any special funds or accounts created for the payment and security of the Prior Lien Obligations) shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the "City of Southlake Waterworks and Sanitary Sewer System Fund" (hereinafter called the "System Fund") . All moneys deposited to the credit of the System Fund shall be allocated, appropriated and budgeted to the extent required for the following purposes and in the order of priority shown, to wit: First: To the payment of all necessary and reasonable Maintenance and Operating Expenses of the System as defined herein or required by statute to be a first charge on and claim against the Gross Revenues, Second: To the payment of all amounts required to be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and S provisions of the ordinances authorizing the issuance of Prior Lien Obligations. Third: To the payment, equally and ratably, of the limited amounts pledged to the payment of the Previously Issued Certificates and the Certificates. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate, and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 15: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 16: Special Covenants. The City hereby further covenants as follows: 1111 0398374 -22- gb - Oto (a) It has the lawful power to pledge the Net S Revenues of the System to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing under Articles 1111 et seq. , V.A.T.C. S. and V.T. C.A. , Local Government Code, Sections 271. 041, et seq. (b) Other than for the payment of the Certificates, the Previously Issued Certificates and the Prior Lien Obligations, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System. SECTION 17 : Issuance of Prior Lien Obligations/Additional Parity Obligations. The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, and such Prior Lien Obligations hereafter issued may be payable, in whole or in part, from the Net Revenues (without impairment of the obligation of contract with the Holders of the Certificates) upon such terms and conditions as the City Council may determine. Additionally, the City reserves the right without any limitations to issue additional obligations payable (in whole or in part) from 1111and secured by lien on and pledge of the Net. Revenues of the System- of equal rank -and dignity with -the lien on -and pledge of ' such Net Revenues securing the payment of the Previously Issued Certificates and the' Certificates. SECTION 18: Application of Prior Lien Obligations Covenants and Agreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. Notwithstanding the above, any change or modification affecting the application of revenues derived from the operation of the System shall not impair the • obligation of contract with respect to the limited pledge. of 1111 . 0398374 -23- i . revenues herein made for the payment and security of the • Certificates. ' SECTION 19 : Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of, evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to" the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates-.- The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 20: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and , interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such limited pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with 0 0398374 -24- 1110 and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by , an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent; and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest 'thereon with respect to which such S moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of four (4) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 21: Ordinance a Contract -Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or III 039H374 -25- rescind any of the provisions of this Ordinance; provided that, . 1110 without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over . any other Certificate, or (3) reduce the aggregate principal amount of Certificates required . to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 22 : Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: -- ` "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1. 148-1(b) of the Regulations. • "Gross Proceeds" means any proceeds as defined in Section 1. 148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1. 148-1(c) of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1. 148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148 (b) of the Code, in which Gross Proceeds of the Certificates are invested ' and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount" has the meaning set forth- in Section 1. 148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific 1111 0398374 -26- S Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1. 148-5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1. 148- 4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner_ thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. S (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced S -27- 0398374 . , 1110 directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes;- (2) capacity in or—service from such property is committed to such person ,or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the 4110 final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment -(or use Gross Proceeds to replace money so invested) , if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby) , whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149 (b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149 (b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149 (e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148 (f) of the Code and the Regulations and rulings thereunder: III 0398374 -28- (1) The City shall account for all Gross Proceeds 1111 (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148 (f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the S excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1. 148-3 (e) (2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148 (f) of the Code and the Regulations and rulings thereunder, and shall be. accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148 (f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3) , and if 410 0398374 -29- 1111 an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error) , including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1. 148-3 (h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. (j) Elections. The City hereby directs and authorizes the Mayor, City Secretary, City Manager and Director of Finance, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. • SECTION 23 Sale of Certificates - Official Statement Approval. The Certificates authorized by this Ordinance are hereby sold by the City to (herein collectively referred to as the "Purchasers") in accordance with the Purchase Contract (the "Purchase Contract") , dated February 18, 1997, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Mayor is hereby authorized and directed to execute said Purchase Contract for and on behalf of the City and as the act and deed of this 'Council, and in regard to the approval and execution of the Purchase Contract, the Council hereby finds, determines and declares that the representations, warranties and agreements of the City contained therein are true and correct in all material respects and shall be honored and performed by the City. Furthermore, the use of the Preliminary Official Statement, dated February 4 , 1997 in connection with the public offering and sale of the Certificates is hereby ratified, confirmed and approved in all respects. The final Official Statement reflecting the terms of sale, attached as exhibit A to the Purchase Contract (together with such changes approved by the Mayor, City Secretary, Director of Finance or City Manager, any one or more of said 1111 0398374 -30- , , 1111 officials) , shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated February 18 , 1997, . in the reoffering, sale and delivery of the Certificates to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such Official Statement in the final form and content manually executed by any one or more of said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 24 : Proceeds of Sale. The proceeds of sale of the Certificates, excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. Accrued interest and premium, if any, as well as all surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. 4111 SECTION 25:- Control and Custody of- Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates, the investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, City Secretary, Director of Finance and City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's financial advisor, bond counsel and the Paying • Agent/Registrar, are - authorized and directed to make the necessary arrangements for the • 0398374 -31- 213-35 S delivery of the Initial Certificate(s) to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 26: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 27.: Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if • surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered- to the City-, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 28 : Bond Counsel's Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski -L.L.P. , Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates. An executed counterpart of said opinion shall accompany the global certificates deposited with The Depository Trust Company or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. S 0398374 -32 • - r S SECTION 29 : CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor . attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 30: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, and this Ordinance and all its provisions is intended to be and shall be - or the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 31: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 32 : Governing Law. This Ordinance shall be S construed and enforced in accordance with the. laws of the State of Texas and the United States of America. SECTION 33 : Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 34: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 35: Severability. If' any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 36: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: 0398374 -33- f , ID "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States . Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 1996) financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 23 of this Ordinance, being the information described in Exhibit C hereto. Financial statements to be provided shall be (1) prepared in accordance with the accounting Sprinciples described in Exhibit C hereto and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report, when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. o -34- 0398374 (c) Material Event Notices. The City shall notify any SID 1111 and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2 . Non-payment related defaults; 3 . Unscheduled draws on debt service reserves reflecting financial difficulties; 4 . Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax- exempt status of the Certificates; 7 . Modifications to rights • of holders of the Certificates; 8 . Certificate calls; 1111 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Certificate calls and defeasance that cause the City to be no longer such an "obligated person. " 1111 0398374 -35- 1110 The provisions of this Section 'are for the sole benefit of the Holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any . legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning `such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. SNo default by the City in observing or performing its obligations -.under this- Section shall- constitute -a breach of or-- : default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such 1110 0398374 -36- amendment will not materially impair the interests of the Holders S and beneficial owners of the Certificates. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Certificates from lawfully purchasing or selling Certificates in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 37: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A. , Government Code, Chapter 551, as amended. SECTION 38: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. 1111 PASSED ON FIRST READING, February 4, 1997. • PASSED ON SECOND READING AND ADOPTED, this February 18, 1997. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary . . (City Seal) APPROVED AS TO LEGALITY: City Attorney 1111 0398374 -37- , , E1HIBi t A 111/ PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of February 18 , 1997 (this "Agreement") , by ' and between the City of Southlake., Texas (the "Issuer") , and Texas Commerce Bank National Association, a banking association duly organized and existing under the laws of the United States of America, (the "Bank") . RECITALS WHEREAS, the Issuer has duly authorized and provided for the execution and delivery of its "City of 'Southlake, Texas, Tax and Waterworks and Sewer System_ (Limited Pledge) Revenue Certificates of Obligation, Series 1997" .(the "Securities") , Zated February 15, 1997, and such Securities are to be delivered to the initial purchasers on or about March 18, 1997; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for 1111 and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar- for the Securities;- NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE, APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1. 01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities, and, as Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any) , and interest on the Securities as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Bond Resolution" (hereinafter defined) . The Issuer hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the "Bond Resolution" . S . • 0398477 S The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. Section 1. 02 . Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable -expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel) . ARTICLE TWO DEFINITIONS Section 2 . 01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: 1111 "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the principal offices of the Bank located at the address appearing on page 11 hereof. The Bank will notify the Issuer in writing of any change in location • of the Bank Office. "Bond Resolution". means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. 77 -2- EMI 11 A . . tib-A-3 ni "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor, .City Manager, Director of Finance, or .City Secretary, any one or more of said officials, and delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. "Predecessor Securities" of any particular Security ' means ,every previous Security evidencing all or a portion of the same obligation as that evidenced Sy ' such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security. for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4. 06 hereof and the Resolution) . . "Redemption Date" when used with respect to any Security to be redeemed means ' the date fixed for such redemption pursuant to the terms of ,the Bond Resolution. • • "Responsible Officer" when used with respect to the Bank means the Chairman or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any . Assistant Cashier, any Trust Officer or Assistant Trust Officer, or .any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. • "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities. "Stated Maturity" means the date specified in the Bond Resolution.the principal of: a Security is scheduled to be due and payable. S • ,0398477 -3- Hlt�� 1 A . w S Section 2 . 02 . Other Definitions. The terms "Bank, " "Issuer, " and "Securities (Security) " have the meanings assigned to them in the recital paragraphs of this Agreement. • The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3 . 01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date,- or Acceleration Date, to the Holder upon surrender of the Security to the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the Record Date. All payments of principal and/or interest on the Securities to the registered owners shall be accomplished (1) by the issuance of 1110 checks, payable to the registered owners, drawn on the fiduciary account provided in Section 5.05 hereof, sent by United States" " mail, first class, postage prepaid, to the address appearing on the Security Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3. 02 . Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities at the dates specified in the Bond Resolution. ARTICLE FOUR REGISTRAR Section 4 .01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All transfers, exchanges and S - 0398,77 -4- EXHlBII A 1 I . 1111 replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re-registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. 4111 Section 4 . 02 . Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof; The Bank covenants that the inventory- of printed Securities will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other governments or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4 . 03 . Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any'form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4 . 04. List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon 111/ 0398477 -5- EXHIBi1 A f i. a 1110 payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request , of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the. Security Register. Section 4.. 05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4 . 06. Mutilated, Destroyed, Lost or Stolen Securi- ties. The Issuer hereby instructs the Bank, subject to the provisions of Section 21 of the Bond Resolution, to deliver and issue Securities in exchange for or in lieu of mutilated, 1110 destroyed, lost, or stolen Securities as long as the same does not result in an overissuance'. In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed, lost or stolen Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4 . 07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3 . 01, Securities it has delivered upon the transfer or exchange of any Securities pursuant 1110 039847T -6- EXHIBli A • IJ$ -. S to Section 4 . 01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4 . 06. ARTICLE FIVE THE BANK • Section. 5 . 01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. , Section 5. 02 . Reliance on Documents. Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the ..pertinent facts. (c) No provisions _of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or S adequate indemnity satisfactory to it against such risks or liability is not assured to it: - - (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, - direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties:. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer , which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order,. bond, note, security, or other paper or document supplied by Issuer. (e)' The Bank ' may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in • reliance thereon. 1111 0398477 -7- EXHLB :i A , 1:, ) (f) The Bank may exercise any of the powers hereunder and • perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5. 03 . Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5. 04 . May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5. 05. Moneys Held by Bank - Fiduciary Account/ Collateralization. A fiduciary account shall at all times be kept and maintained by the Bank for the receipt, safekeeping and disbursement of moneys received from the Issuer hereunder for the payment of the Securities, and money deposited to the credit of such account until paid to the Holders of the Securities shall be continuously collateralized by securities or obligations which • qualify and are eligible under both the laws of the State of Texas and the laws ofthe United States of America to- secure and be pledged as collateral •for fiduciary accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such fiduciary account shall be made by check drawn on such fiduciary account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment. The Bank shall be under no liability for interest on any money received by it hereunder. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the principal, premium (if any) , or interest on any Security and remaining unclaimed for four years after final maturity of the Security has become due and payable will be paid by the Bank to the Issuer, and the Holder of such Security shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it • harmless against, any loss, liability, or expense incurred without . - -8- A it 1111 negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of, any of its powers or duties under this Agreement. Section 5. 07 . Interpleader. The Issuer and the Bank agree that the Bank, may seek adjudication of any adverse claim, demand, ' or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail,. return receipt requested, to the address referred to in Section 6. 03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the-right to file a Bin of Interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. Section 5. 08 . DT, Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply, with the "Operational Arrangements" , effective December 12 , 1994, which establishes requirements for securities 1111 to be eligible for such type depository trust services, including, but not limited to, requirements--for the timeliness 'of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. ' . ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6. 01. Amendment. This Agreement may be amended only by an agreement in writing signed by- both of the parties hereto. Section 6.02 . Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6. 03 . Notices. , Any request, demand, authorization, direction, notice, consent,' waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered ,, to the Issuer or the Bank, respectively, at the addresses shown on page 11. Section 6. 04 . Effect of Headings. The Article and Section . headings herein are for convenience only and shall not affect the • construction hereof. ' 1111 0398477 -9- EXHiBLi A ) p. r 1111 Section 6 . 05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6 . 06 . Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6. 07 . Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6. 08 . Entire_ Agreement. This Agreement and the Bond Resolution constitute the—entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution, the Bond Resolution shall govern. Section 6. 09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6. 10. Termination. ' This Agreement will terminate 1111 (i) on the date of final payment of the principal of and interest on the Securities to- the Holders thereof or (ii) -may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof) , together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1. 02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. 1111 039&477 -10- EXHIBI ! A 'cZy --51 l to 5 1111 Section 6. 11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. TEXAS COMMERCE BANK NATIONAL ASSOCIATION BY Title: [SEAL] Attest: _ Mailing Address: Title: Corporate Trust Department P. O. Box 660197 Dallas, Texas 75266-0197 Delivery Address: . Corporate Trust Department 2200 Ross Avenue, 5th Floor 1111 Dallas, Texas 75201 CITY OF SOUTHLAKE, TEXAS BY Mayor (CITY SEAL) Address: 667 N. Carroll Avenue Attest: Southlake, Texas 76092 City Secretary S 03984,7 —11— LAHIB11 A . . 1 J?) r 52 ) r, s F 1111 Exhibit C to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 36 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such, Section are as specified (and included }n the Appendix or under the headings of the Official Statement referred to) below: 1. The .financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2 . The information contained in Tables 1 through 6 and 8 through 14 of the Official Statement. Accounting Principles S The accounting principles referred to in such Section are the generally accepted accounting- principles as applicable to governmental units as prescribed by The Government Accounting Standards Board. • • 0398374 IsCity of Southlake,Texas 0 MEMORANDUM January 31, 1997 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Resolution 97-08, Creating a Crime Control District As discussed with the City Council during its January 16, 1997 joint meeting with the CISD Board of Trustees, city staff has contemplated the possibility of creating a crime control,district in Southlake to provide funding for public safety capital projects and equipment. The attached Resolution provides for the creation of such a district, the creation of a temporary board of directors, and appointment of directors for the temporary board. As a reminder, the general provisions of the state law authorizing crime control districts provide that cities located in counties where the county population is 1 million or more may create such districts, provided that the city does not exceed the legislative cap on sales tax 0 collections. A general election must be held to create the district, and must be held at least every five years in order for the district to continue. To begin the process of creating the district, Council must approve the attached resolution. The creation of a temporary board and appointment of its members is the first step in the process, since the temporary board is responsible for approving a two-year crime control plan which outlines crime prevention strategies and methods of evaluating effectiveness of strategies. The temporary board must also approve a two-year budget detailing the amount of money allocated for each strategy, administrative costs, total budget amount and sources, expected year end balances, and anticipated required tax rate. Sales tax of an additional 1/4 or 1/2 cent to finance the district may be authorized by the majority of voters. The temporary board will also be responsible for preparing notification and calling the election. Upon passage, a permanent seven member Board appointed by Council will govern the district. Council may wish to consider appointing the City Council as the temporary board. Certainly all of the functions of the board are consistent with typical responsibilities of the Council, and the practical aspects of conducting the board's business would be simplified by this approach. Once the district is established, Council could then consider appointing citizen representatives to the Board in a manner similar to that of the SPDC. • SKY 9/1—i City of Southlake,Texas RESOLUTION 97-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, PROPOSING THE CREATION OF A CRIME CONTROL AND PREVENTION DISTRICT; CREATING A TEMPORARY BOARD OF DIRECTORS; AND APPOINTING PERSONS TO SERVE AS TEMPORARY DIRECTORS OF THE PROPOSED DISTRICT WHEREAS, Tex. Rev. Civ. Stat. Ann., Article 2370c-4 (The "Act") authorizes a municipality that is partially or wholly located in a county with a population of more than one million to create a crime control district in its jurisdiction; and WHEREAS, the Act requests the city council to appoint a temporary board of directors, 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The creation of a Crime Control and Prevention District is hereby proposed. This proposal is subject to a confirmation election held pursuant to Article 3 of the Act. SECTION 2. There is hereby created and established a temporary board of directors of the proposed Crime Control and Prevention District. The board shall be officially designated as the Southlake Temporary Crime Control and Prevention Board ("temporary board"), and shall be comprised of seven persons that reside in Southlake. SECTION 3. The temporary board is established pursuant to the authority granted in 411 V.A.T.C.S., Article 2370c-4 and the terms set forth therein are hereby adopted governing the operation and duties of the temporary board. SECTION 4. The temporary board is charged with formulating and approving a two year crime control plan and a two year budget plan in compliance with Section 3.09 of the Act. After a majority of the temporary directors of the proposed district have approved a budget plan and crime control plan, a majority—of the temporary directors m`ay order that an election authorizing the creation of the Crime Control and Prevention District be held. -- SECTION 5. On behalf of the district, the temporary board may accept donations, gifts, and endowment's to be held in trust for any purpose and under any direction, limitation or provision prescribed in writing by the donor that is consistent with the terms of the Act and the • proper management of the district. . SECTION 6. The following persons are hereby appointed to serve as temporary directors of the proposed district: 1. 2. 3. 4. 5. 6. • ' 7. g A- 3 SECTION 7. The temporary board is required to conduct an organizational meeting and elect a chairman of the temporary board from their membership not later that the fifteenth day after the effective date of this resolution. SECTION 8. This resolution shall be effective immediately upon passage by City Council. PASSED AND APPROVED THIS THE DAY OF , 1997. CITY OF SOUTHLAKE, TEXAS MAYOR RICK STACY ATTEST: SANDRA L. LEGRAND CITY SECRETARY • APPROVED AS TO FORM: CITY ATTORNEY A City of Southlake,Texas 111 MEMORANDUM January 31, 1997 TO: Curtis E. Hawk, City Manager FROM: Dennis Killough, Planner CASE NO: ZA 97-12 SUBJECT: Variance to the Subdivision Ordinance No. 483-E, Section 4.01(I)2 (Plat Expiration) Extending the Validity of Case No. ZA 95-64, Plat Showing-Lot 1, T.Beedy No. 72 Addition On July 10, 1995 Staff approved Case ZA95-64, Plat Showing - Lot 1, T. Beedy No. 72 Addition. This plat has not yet been filed in the County Plat Records and expired on July 10, 1996. The applicant and owner of the property, Lee Fahrenbrook has requested that the validity of this plat be extended 6 months to allow them time to receive the required blackline mylars for filing from the surveyor. Because this plat has expired, a variance to Section 4.01(I)2 of Subdivision Ordinance No. 483-E (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 Lee Fahrenbrook requesting the variance along with a location map (tract map) and a reduced copy of the plat are attached for your convenience. i Please place this item on the next Council agenda for their consideration. DKK att: Letter from Lee Fahrenbrook, dated January 30, 1997 Location Map Reduction of the Plat Showing -Lot 1 T. Beedy No. 72 Addition • L:I WP-FILESIMEM0197CASESI97 012PE.WPD ID 11--1 1 rti ' Lee Fabrenbrraok • 1865 North Pseytonville Southlake,Texas 76092 329-4S45 FAX 329-0268 January 30, 1997 Southlake City Council City of Soutlake 667 North Carron Avenue Southlake,Texas 76092 FAX 488-5097 • RE: Case ZA 95-65 Plat Showing Lot 1,T. Beady,No.72 Addition 1865 North Peytonville Dear Ladies and Gentlemen, I am Lee Fabrenbrook and I am requesting a variance to the Sub-division Ordinance 483,Section 4.01 I-#2. My platting was approved,but expired on July 10, 1996. • I request an additional period of validity of six montbs for the surveyor to make the necessary changes and give him time to return the survey to the City. I would like my request to be considered at the February 4, 1997 City Council Meeting. Thank you. Sincerely, Lec Fabreubmok RECD JAN 3 0 1997 4110 VO 3 4 3A44 IHROOP . / ' 13 ...-. ./ . , (--,s, -,----s....---•4%.. 3A3A1 .7A t, 6.95 Ac I 1 • , '‘. /0 - -11,, --- .....:-...------------ -7-4— •-• 4A • 1 .S5 Ac 0 • ;i- . • 3A2 X : - . :......-" ,,, 11. ., 4.9 Ac ''" 8 .7 - 182 ...._. ,-• 5.14 Ac 78 24.76 Ac r ---- ,..... , :-) 63.47 IIC 7A3,/,'-• 1 1 40 Clegiallelliill" ,) \_ :2 in IN ''...i.141.11.i1I/ha 101131 S'AMIES E. 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I MT SITE .11114 TO ne my or wo...KL umor co.,ittuAo..,90 1c v.-1m PM a IWO..Wars, MWTY YAP 111..a.MY n.MIN ~De KV.Or ro �.•MEAIIwm.mr.Eu4� 9n msun I.ACT PC roIar.WO ra'/1 MS IOC u�i _•a106 mu uuTO a WM.MR IL1u 1¢1 X. u 1.02INDII DM ICCOMED AAAUC e(IVImL .ILLTIOSSULL Fat ne foOn4U1 m.01 I. AC AewC 11.1 O9 t®R@ n Ivn6 w mN Gil.3A7 rC1 Au.. •_'••• L.nomna.0104 W.IY n'NCR r.mrts 44114m1.8e149 M W a0.OCOIW.Fee, ®r v 94MrLi man Itu ...r p �nm w At rem 44114. . OM.9.1.De ij LOT.MS.I a rN roe.99 Pow*ar g � A91 .. ,o„ sEaNNa� '1 L I�tt n ..6....4 yt s NW•SI 04'E-1!70.09(BEARING CONTROL) I' Is •' n ff...ff... 1635.09 j Dr a , S LOT 1° j w q LOT 1 ' I L -'q77".- i i * 9.79 ACMES 1 e r AA.c1. r.w.Te. $$p p 1. FF S I^p C-. 1635.88 • '• I S I,1 N 89•51'46•W-1670.66 Ln . Lot II Ma�OmY x rLun„w 67l DAM A DM • r L.. W 'gale" FINAL PLAT OF LOT 1 T. BEEDY ADDITION AN ADOIn41 TO DC OTT Ix 6OUTIR A4 TARRANT COMITY.TEXAS . qua...AAi.nA PM IMAM UP..Id\Rau E�� • o Z' THIS PLAT DLED IN CAB._.AIDE_-DATE Q PROHD 6Y RIP (� OWNER: SURVEYOR: PIA..K MM.CWNIS4W E LEE VANRENOROOK LOAD ORANSOY SURVEYORS..INC. UATE: 1865 N.PEYTONNLLE AV CHARLES 8.HOOKS,JR.RPLS 9 •r1' nirio I.MON AMOMP M.• �z SOUTHLAKE.T%76092 1028 N.SYLVANIA 5 7 .•• mama Mkt w 1r none 817)329-9595 FORT WORTH,TEXAS]61I1 CMAIRYAN Ui -w YI� O "—"— 1 817)859-5477 (\ SICREART It noln.nw n>A.. City of Southlake,Texas RESOLUTION NO. 97-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MUNICIPAL COURT CLERK. PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 30.488 of the Texas Government Code, which governs the Municipal Court of Record of the City of Southlake, provides that the governing body of the city shall appoint a clerk of the municipal court of record who shall be known as the municipal clerk; and WHEREAS, Ordinance 522 of the city, which establishes the Southlake Municipal Court, further provides that the clerk shall serve under the supervision of the city manager; and WHEREAS, the City Council of the City of Southlake feels it is in the best interest of the city to approve the appointment of a municipal court clerk; now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. that the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. S Section 2. that , is hereby appointed by the City Council to serve as Municipal Court Clerk, as recommended by the city manager. Section 3. that the appointment is hereby effective upon passage of this resolution by the City Council. PASSED AND APPROVED this the day of , 1997. CITY OF SOUTHLAKE, TEXAS By: • Rick Stacy, Mayor ATTEST: Sandra LeGrand City Secretary • �O -/ , City of South lake,Texas • MEMORANDUM January 31, 1997 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Planning and Zoning Alternatives You have asked that we prepare alternatives for discussion with City Council regarding the processing of a variety of planning and zoning issues. I have accumulated or generated the following information which is attached to this memo. I would be glad to further research any aspect that you or a Councilmember desire. Pages ITEM 11 C2-4 Memo from Greg Last discussing "alternatives" to the current Commission configuration. • 1105-21 Final recommendation of the "Committee to Study the Feasibility of Splitting the City of Southlake Planning and Zoning Commission" dated February 5, 1996. 11 C22-29 Memo from Greg Last regarding changes made per the direction of City Council regarding the recommendation of the P&Z Split Committee. 11C30 Memo from Greg Last addressing administrative needs due to creating a new Commission. 11 C-32 Memo from Greg Last discussing recommended changes 11C33-34 Reference - Chapter XI"Planning and Zoning"out of the City Charter Please contact me if you have any questions. GL/gl (1'.-- 0 L:\WP-FILES\PROJECTS\PZ-SPLIT\SECOND\PZ-ALTI.WPD lic-I City of Southlake,Texas SMEMORANDUM January 31, 1997 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: P&Z Split-Alternatives for Discussion Following are some alternatives that might help facilitate our discussion with Council regarding their request to re-evaluate the splitting of the Planning and Zoning Commission. ALTERNATIVE 1 - Ad-Hoc Committees to Address Focused Issues For every project, ordinance or planning effort, create an Ad-Hoc Committee composed of two Councilmembers, Two P&Z Commissioners, Two At-Large, and a staff representative. Meet as needed to prepare a recommendation for consideration by the Commission. ALTERNATIVE 2- Split P&Z into separate Planning Commission and Zoning Commission The Planning and Zoning Commission could be split into two separate Commissions. The two commissions would be the Planning Commission and the Zoning Commission. The Planning 411 Commission would generally deal with the long-range comprehensive planning components and the Zoning Commission would generally deal with current development issues. The matrix attached shows possible allocations of projects generally under the purview of the current Planning and Zoning Commission. ALTERNATIVE 3 - Create a New Commission to Give Relief to P&Z on Particular Items This alternative would retain the current P&Z Commission but create an entirely new Commission which would deliberate and develop particular items. Possible items for consideration of the new Commission are as outlined in the attached matrix. ALTERNATIVE 4 - Split P&Z and Create a New Commission to Address Certain Issues This alternative combines 2 and 3 and in effect creates two new commissions. The result would be a Planning Commission, a Zoning Commission, and a"New" Commission which would address particular items. ALTERNATIVE 5 -Implement Changes as noted in memo from Greg Last Many of these changes are in the process of implementation but the benefits are just now being felt due to the length of time it takes to hire and train personnel and to develop some of the more complicated recommendations. These recommendations could be accomplished regardless of which alternative above might be pursued. Please contact me if you have any questions. GL/gl L:\W P-FILES\PROJECTS\PZ-SPLITISECOND\ALTERN 1.WPD It C-Z 0 ` L. .ItT :TI. i Ad.Hoese eesttoiiddresso: seiti ssue ? < i iRi: :: '' ? iii i J< . . . .. . M : i> ' " i>'' r : Planning and Zoning Commission(status quo) Ad hoc Committee(1 or 2 P&Z and/or CC members and applicable Current Planning Functions staff) 1) Rezonings&SUP's Review draft ordinance revisions(prior to presentation to the 2) Concept Plans, Site Plans Commission or Council) 3) Platting 4) Zoning,Subdivision,&Driveway Ordinance Amendments Master Plan Components 1) Land Use Plan; 2) Thoroughfare Plan; 3) Parks,Recreation,&Open Space Plan; 4) City-wide Trail Master Plan; 5) Water and Wastewater Plan; 6) Storm water Drainage Plan;and 7) Other components as assigned by Council ssi n ' N> :.' ' ' >< ' .......... ..... :::::<::<:<:<:<:<:>:<::>:::>:<::>::::>:::::::>::::>::::>:>::>::<:::::>::::>:::<:::>«:::::>::<:<:;>:>:<:<::::>:;�1`I'ERNATIVE'::2:S .lifi'P&Z'':info��se arafie'Plannin::Coritmi§sion�aitdZonin..?Commiss o ......... ...................... P P g g Planning Commission(temporary-split) Zoning Commission(temporary-split) Master Plan Components Current Planning Functions 1) Land Use Plan; 1) Rezonings& SUP's 0 2). Thoroughfare Plan; 2) Concept Plans,Site Plans 3) Parks,Recreation,&Open Space Plan; 3) Platting 4) City-wide Trail Master Plan; 4) Zoning, Subdivision,&Driveway Ordinance Amendments 5) Water and Wastewater Plan; 6) Storm water Drainage Plan;and 7) Other components as assigned by Council V a rtlei ar Items< `< > ; 2::.::: ' : '> < ':<[ << €<'` '<: ,:rei to i:::: '' frm"i:;s'a ':w ie` "ui:::t' aEs&Za t►P rtic 1 >:;:;;.>:;::;::>::>::::>;::;::::»�:;�:>:<:>:< :::....;<:.»:::;::>::»::>:::;:::::>::::::.;:;:::>::>::::;<:AI:TE ATI'VE3 C fw Co m s +� 1Et o R1V Planning and Zoning Commission(status quo) Administrative Review Commission("ARC") Current Planning Functions Stand Alone Ordinances(as assigned by Council,excluding 1) Rezonings&SUP's amendments to the zoning,subdivision and driveway ordinances) 2) Concept Plans,Site Plans 1) Tree Preservation Ordinance; 3) Platting 2) Sidewalk and Trails Ordinance; 4) Zoning, Subdivision,&Driveway Ordinance Amendments 3) Sign Ordinance; • Master Plan Components 4) Noise Control Ordinance; 1) Land Use Plan; 5) Health and Sanitation Ordinance; 2) Thoroughfare Plan; 6) Septic Ordinance; 3) Parks,Recreation,&Open Space Plan; 7) Open Records Ordinance; 4) City-wide Trail Master Plan; 8) ROW Management Ordinance; 5) Water and Wastewater Plan; 9) Utility Policies and Standards Ordinance; 6) Storm water Drainage Plan;and 10) Street Standards Ordinance;and 7) Other components as assigned by Council 11) Commercial Dumpster Ordinance Planning Commission(temporary-split) Zoning Commission(temporary-split) Administrative Review Commission("ARC") Master Plan Components Current Planning Functions Stand Alone Ordinances(as assigned by Council,excluding 1) Land Use Plan; 1) Rezonings&SUP's amendments to the zoning,subdivision and driveway ordinances) 2) Thoroughfare Plan; 2) Concept Plans, Site Plans 1) Tree Preservation Ordinance; 3) Parks,Recreation,&Open Space Plan; 3) Platting 2) Sidewalk and Trails Ordinance; 4) City-wide Trail Master Plan; 4) Zoning,Subdivision,&Driveway Ordinance 3) Sign Ordinance; 5) Water and Wastewater Plan; Amendments 4) Noise Control Ordinance; 6) Storm water Drainage Plan;and 5) Health and Sanitation Ordinance; 7) Other components as assigned by Council 6) Septic Ordinance; 7) Open Records Ordinance; 8) ROW Management Ordinance; 9) Utility Policies and Standards Ordinance; 10) Street Standards Ordinance;and 11) Commercial Dumpster Ordinance 01-31-1997 09:56AM 817 488 6796 P.02 Regular City Council Meeting Minutes February 6, 1996 . page eighteen . Agenda item #10-E, Continued Nays: None Approved: 5 J0 vote Agenda Item #10-F,Recommendation from Committee to Study Splitting theilanninLand Zonlnz Commission. Councilmember Sally Hall gave a report on the finding of the committee formed to study!the feasibility of!Splitting the Planning and Zoning Commission. Ms. Hall stated ,he committee met deligently for the past several months and have evaluated a great deal of infor`nation Mated to studying the feasibility of splitting the City of Southlake Planning and Zoning Commission. She added, they have sought feedback from a large number of people incluidng other City Commissioners and City staff comments while analyzing the Southlake processes and ssues. The unaminous recommendation of the members of this committee is to Mi.n the rrent combined Planning and Zoning Commission format. The members serving on he co ittee . include: Sally Hall,Ralph Evans and Ron Maness(Councilmember Muller unofficially a ended for Ron Maness who Was unable to make any of the meetings) from Council; Jim Murp y and Rex Potter ;from Planning and Zoning Commission; Betty Springer and Gary avvks, representing SPIN. A copy of the Recommendation of the Committee is available in the office • of the City Secretary. Dennis McGrath, 2403.North Carroll Avenue, Southlake. Mr. McGrath stated the co 'ttee did a tremendous job with the support of staff. He stated he feels the committee got to.the bottom of the issues. • It was suggested by Councilmember Muller that the findings in the report be discussed by Council at a work session. Mayor Pickes thanked the Committee and Staff for a job well done. • :Agenda Item #11-A, Discussion: Citizen Participation. Municipal Complex • Curtis Hawk; City Manager, stated the first public meeting to begin working on the municipal complex site will be held on February 27, 1996, beginning at 7:00 p.m. it the Cipuricil Chambersat City Hall. The public will be invited to attend this organizational meeting. Agenda Item #11-B. Discussion: New Ordinances, Priority List • The item was not discussed tonight. i H TOTAL P.02 MEMORANDUM 110 February 5, 1996 TO: Mayor and City Council Members FROM: Committee to Study the Feasibility of Splitting the City of Southlake Planning and Zoning Commission SUBJECT: Recommendations from the Committee We have met diligently for the past several months and have evaluated a great deal of information related to studying the feasibility of splitting the City of. Southlake Planning and Zoning Commission. We have sought feedback from a large number of people including other City Commissioners and City Staff comments while analyzing our own City processes and issues. The unanimous recommendation of the members of this committee is to retain the current combined Planning & Zoning Commission format. We have attached documentation regarding the process this committee pursued and our resultant findings. As cited elsewhere in the attached documentation, enhancements can be made to Southlake's processes which will provide better service to our citizens and improve Council, Commission, and S aff productivity, leading to greater focus and attention spent towards planning Sfor the future of Southlake. We appreciate the opportunity to have served on this Committee and to support you in this undertaking. Please feel free to contact any committee members to further discuss these recommendations. A /'. flail Vti Sally]3alCouncil Member Ralph Ev s, Council Member (817) 488-5535 (817) 481-3759 •-.:OW' te-a 1/1?'t -- Tim hy, Commissi Rex Potter, Commissioner (817) 329-0564 (817) 488-1760 C. (,.-/________ _ Betty Sp - r, SP Stan ' Gary F , SPIN Standing S Committee epresentative(817) 481-7082 Committee Representative (817) 424-1999 • I1 G- b Committee to Study the Feasibility of Splitting the City of Southlake Planning and Zoning Commission February 5, 1996 v 11 C-7 Table Of Contents • Section Description Page# 1.0 Background 1-2 1.1 Summary of Issues and Concerns 2-3 1.2 Item Research Summary 3-4 2.0 City Survey 4-6 3.0 Pros and Cons 6-7 4.0 Recommendation 8 • 5.0 Conclusions/Suggestions 8-9 • t�G�B Committee to Study the Feasibility of Splitting the Planning and Zoning Commission • 1.0 Background In September 1995,the City of Southlake adopted Resolutions No. 95-36 and No. 95-36A establishing a committee to study the feasibility of splitting the Planning and Zoning Commission. The City Council thereby appointed the following members to serve on this Committee: Sally Hall (City Council) Ralph Evans (City Council) 1609 Mockingbird Lane 315 North Shady Oaks Drive Southlake, Texas 76092 Southlake,Texas 76092 (817) 488-5535 (817)481-3759 Ron Maness (City Council) 420 Ravenaux Drive Southlake, Texas 76092 (817)488-9407 Jim Murphy(P &Z Commission) Rex Potter(P &Z Commission) 660 Truelove Trail 303 Waterford Court Southlake, Texas 76092 Southlake,Texas 76092 • (817) 329-0564 (817)488-1760 Betty Springer(SPIN) Gary Fawks(SPIN) 1024 Mission Drive 330 Ravenaux Drive Southlake, Texas 76092 Southlake,Texas 76092 (817)481-7082 (817) 424-1999 Greg Last,Director of Community Development Department,provided City Staff support and guidance to the Committee during this process. The Committee held the following public meetings to discuss the feasibility of splitting the Planning and Zoning Commission: October 23, 1995 DPS Training Room November 8, 1995 DPS Training Room November 14, 1995 Council Chambers of City Hall January 23, 1996 Council Chambers of City Hall Page 1 • 1IC- q 1.0 Background (continued) • Council Member Maness was unable to attend any of the meetings held by the Committee. In January, 1996, during this Committee's evaluation process, he resigned from the City Council and this Committee. It should be noted,that although not appointed to this Committee,Council Member Muller attended many of the Committee's meetings and provided valuable insight and recommendations. Likewise, Southlake citizens Dennis McGrath and Dona Schroetke participated in many of the public meeting discussions. 1.1 Summary of Issues and Concerns The Committee initially discussed what potential issues and concerns may be prevailing within the City that brought the establishment of this Committee. As such,the following comments were made during the Committee's initial brainstorming and subsequent meeting discussions regarding perceived problems. It should be noted that this information is provided for general information only and the Committee, as a collective body, did not try substantiate the validity of each comment during this process: • 1. Planning takes a back seat to zoning. 2. Not enough personnel to handle all of the City's projects. 3. Planning issues are overwhelmed by zoning issues. 4. Planning issues delayed from meeting to meeting. 0 5. Land Use Plan needs immediate update. 6. Future sites for municipal projects need to be addressed. 7. A great deal of time is spent on Planning and Zoning revisions to consultant recommendations. 8. Village Center needs a plan. . 9. Need a meaningful way of communicating between City Council and Planning and Zoning before Planning and Zoning reviews a plan or ordinance. 10. Do we have enough volunteers to staff another board? 11. Are there any legal issues regarding split 12. Current process is not efficient or effective. 13. Adequate time is not available for the development and review of ordinances. 14. Process for setting priorities is lacking and not clearly defined. 15. It will be difficult'for Staff to handle an additional board with more meetings,more minutes,more packets. Page 2 S 1IG—to 1.1 Summary of Issues and Concerns(continued) r 16. Planning and Zoning suggestions: a. Items contained in the packet should not change. We were unable to get a clear indication that replacing full-size blueprints with 11" x 17" exhibits would be acceptable. b. Tract Map helpful but not needed. c. Would like a user friendly Ordinance 480. d. Planning and Zoning would like more communication when they get a request. 1) Who is requesting, ordinance,why needed if new? 2) Why revisions, if revised ordinances? 3) Commissioners desire input from City Council on priorities and direction. 4) Direction on what we want looked at. Why? e. Some Planning and Zoning Commissioners want quarterly meetings with City Council. f. Some Planning and Zoning Commissioners would like work sessions with the Council on planning issues. g. There are some concerns that the resolution restricting public hearing issues after 11:00 p.m. is hampering Planning and Zoning. It was suggested that all public hearing items be at the beginning of the sessions. 1.2 Item Research Summary 0 The Committee collected, researched, and evaluated a considerable amount of information and documentation inclusive of the following: 1. Individual letters from Commissioners Ernest Johnson and Art Hobbs. 2. Survey of Planning and Zoning Commission Formats of numerous cities. 3. Status of Master Plan Elements. a. Master Plan Update Schedule from Council's June Retreat. b. Zoning approvals not in compliance with Land Use Plan. 4. Ordinances currently in place. 5. Processes for zoning changes,plats, etc. 6. Process for ordinance changes. . 7. Budget Activity Indicators for the Community Development Department. 8. Monthly administrative calendars for the Community Development Department. 9. Matrix to identify perceived problems and what is appropriate vehicle to resolve. 10. Discussion of goals and objectives of the committee. Page 3 S ..... 11 1.2 Item Research Summary(continued) 0 11. Table showing allocations of time for the Community Development Staff. 12. Table showing deviations from the Land Use Plan. 13. Table showing deviations from the Thoroughfare Plan. 14. Survey responses from the staff of 14 different Texas cities. 15. Survey responses from the Commissioners of 14 different Texas cities. 16. Survey responses of Southlake Commission and Council regarding packet information. 17. Matrix showing work sessions held by Planning and Zoning Commission. 18. Matrix showing adjournment times for the Planning and Zoning meetings. 19. Staff recommendations to increase productivity. 20. Evaluation of the development submittal schedule. Although the Committee utilized this information in coming to their decision, the Committee determined it to be too voluminous to include herein. As such,the City Staff has retained a copy for future reference. • 2.0 City Survey The Committee directed the City Staff to distribute a series of surveys to both City Staff and Commissioners of fourteen Texas cities. Surveys were sent to 134 Texas City Commissioners. The Commissioners were asked various questions including: • 1. If your format is currently a PlanningCommission and separate ZoningCommission,what do you P consider to be some of the greatest benefits of such a format? What do you consider to be the greatest detriments to such a format? What would be your recommendation regarding changing from a combined format to a split format? and 2. What other important advice or recommendations would you offer to aid us in the evaluation of whether or not to go to the split commission format? r The Committee was pleased to receive 57 responses of the 134 distributed surveys. Even though not statistically valid,the 43%response rate was considered remarkable and highlighted the sensitivity that , City Commissioners have towards this subject. Figure A summarizes the results of the survey. Overall, the responses were diversified in nature, but the Committee was able to gain the following insights and/or opinions: • Page 4 tl C-1Z • 2.0 City Survey(continued) REASONS CITED IN THE SURVEY FOR SPLITTING OR CONSIDERING THE SPLIT OFP&Z 1. Would consider if workload is too heavy for one Commission. 2. Separation of issues is a good idea. 3. Split would yield a group of informed Commissioners trained in planning. 4. Split Commission would reduce the power of a joint Commission which might be helpful. 6. Ability to devote more time to each aspect of planning or zoning. 7. If you are beginning to grow, split off the rules governing the two boards differ. 8. Lots of input from different individuals keeps plan separate from zoning issues. 9. If you are starting to grow, split. REASONS CITED IN THE SURVEY FOR NOT SPLITTING OR NOT CONSIDERING THE SPLIT OF P&Z 1. Knowledge gained in zoning invaluable. • 2. Added burden to City Staff. 3. Overall picture better. 4. Do not have to worry about what other Commission might do. 5. Would require more meetings. 6. Communication gap(additional time going through separate Commission would deter 0 business). 7. Do you have enough volunteers? 8. Additional bureaucracy. 9. Communication nightmare. 10. Public responds to a well informed government body. 11. Lose cohesiveness. 12. Planning and zoning issue closely related. 13. Add confusion to process for citizens. 14. Consistency(sometimes you would get different rulings). 15. Smaller cities better served by combined format. 16. Split group (problems with coordination) . 17. More communication problems with split board between City Council and boards. In addition to the Commissioner's survey,an additional survey was distributed to each of the fourteen Texas City Staffs. With this survey,the Committee sought insight as to other Texas city ordinance creation and for update timing,Master Plan timing and maintenance issues,types of ordinances, and the delegation of authority levels within each city. The Committee was pleased to receive 11 responses of the 14 distributed surveys. Even though not statistically valid,the 79%response rate was considered remarkable and also highlighted the sensitivity that Texas City Staffs have towards this subject. ill Page 5 Ile,-15 2.0 City Survey (continued) • leBased upon this survey, it appears that Southlake is significantly ahead of comparable size cities in the development and maintenance of city ordinances and Master Planning. In addition, only five cities, other than Southlake, allow the Planning and Zoning Commission to have final review of Final Plats. Of these, Mansfield and Southlake are the only two of comparable size. .l r,:y.•,.z.,.,,',:m,,,,.c: ;..:.x;rt,`irc.";`'•".ti,,,,,',.1.;:.-, '}'ra�§y;,,,;. hi:•;, CITa 1%, At: ; " (,¢'¢E(ip:, CF'{O- < 4? -; ..s ..,.,�.:��rvrv�Ja.#u:::^:�1....�a;e�aw.�i.�s hV:i.�.�� ii{js107pS. r0A��'J`:a San Antonio 586K split Fort Worth 471K split Mansfield 18K joint Beaumont 114K joint Allen 27K joint 3.0 Pros and Cons The Committee has compiled a list of"pros" and "cons" regarding the splitting of the Planning and ® Zoning Commission. Even though these may not be all inclusive,the Committee believes them to be the pertinent arguments regarding the splitting of the Planning and Zoning Commission. PROS 1. The City of Southlake is currently out of compliance with its City Charter on some Master Plan Components due to a lack of time being available to address these issues. Study indicates that there are currently several ordinance revisions outstanding that could be pursued in a more timely manner. An additional Commission might allow us to "catch up" on these important planning issues. 2. Separate Commissions may reduce the amount of time that a citizen would have to spend in meetings to address particular issues important to him/her, and consequently simplify the process of citizens being involved. 3. Shorter agendas should mean shorter meetings,which may lend itself to improved quality of work. At the same time separate agendas would lend themselves to more time being available to be devoted to each of these important issues (planning and zoning alike). III Page 6 11 G-,14 3.0 Pros and Cons (continued) S PROS(continued) 4. A combined Commission can become overloaded with zoning issues to the detriment of planning efforts. With a combined Commission, planning issues may take a back seat or a lower priority due to the immediacy involved in zoning cases. A dedicated planning body can focus on long range issues. 5. Two Commissions would allow more opportunities for individuals to serve and be involved in our city. CONS 1. Splitting the Commission would not necessarily accelerate the process, as current staffing levels appear to be inadequate to prepare these items to come before the Commission(s). There is also the consideration that even if planning components and ordinances were to move faster through the Commission(s)they still must come back to one central body(City Council)with an already heavy agenda. 2. Commissioners need to understand the underlying zoning issues when they develop comprehensive plans and ordinances. The combined format helps to ensure integration of the decisions made. 4110 3. Increased burden on City Staff of preparing additional packets, additional meeting times, and . supplying staff support for an additional Commission. Splitting would result in increased costs associated with staff time,training, additional personnel,and the cost of the additional meetings. There are also concerns about the availability of appropriate meeting space. 4. Zoning is the implementation of planning, and zoning is the only effective instrument of control for the Master Plan components. The further apart these decisions are made the more likely they are to conflict. If the Zoning Board does not understand or agree with the goals and objectives of the Planning Commission it may result in arbitrary decisions that can render the City's Master Plan useless and expose the city to possible litigation. 5. The need to find Ind train additional volunteers willing to give up several nights monthly is difficult and a demand on the community. 6. There are strong concerns about communication between two separate Commissions. If they are required to meet together often,have we really accomplished anything? 7. The combined format lends itself to better informed Commissioners. • S Page 7 1t c-15 4.0 Recommendation SThe unanimous recommendation of the members of this Committee is to retain the current combined Planning&Zoning Commission format. As cited in Section 5.0 below,enhancements can be made to Southlake's processes which will provide better service to our citizens and improve Council, Commission,and Staff productivity, leading to greater focus and attention spent towards planning for the future of Southlake. 5.0 Conclusions/Suggestions Compliance With The Comprehensive Plan A Staff Report reviewing zoning cases over the past three years indicates that the City has been consistently in compliance with the Land Use and Thoroughfare components of the Master Plan. In cases where the City has deviated from these plans a reasonable explanation was available for each variance. It appears that compliance with the Master Plan is not a significant problem at this time, however there have been concerns expressed by citizens and some Council members that the Land Use Plan is out of date and in need of review. It is suggested that a potential solution to mitigate these concerns would be for Council to appoint an ad-hoc committee to begin an immediate update of the Land Use Plan. Communication Between P&Z Commission And The City Council 0 Comments made by City Council Members and Planning and Zoning Commissioners indicate a need for periodic meetings to discuss zoning issues and priorities,,upcoming events, City planning issues, and administrative issues. In addition, Staff should alert Council to repetitive problem areas that the Planning and Zoning Commission is encountering. Use of SPIN SPIN Standing Committee personnel and resources may be utilized to aide in the communication of planning and zoning issues. This would be consistent with the current SPIN Standing Committee's goals and objectives. Make full use of this body of involved citizens. Staffing Levels It appears that many df the delays of issues regarding planning, such as modifying existing zoning ordinances,creating new zoning ordinances,and updating the Master Plan Components is the result of under staffing as well as inadequate computer resources. City Council should consider increasing the Community Development staffing as well as updating the Department's systems. In addition, it is suggested the City Council review the staffs efficiency recommendations provided within this documentation. Page 8 III „ C-16 5.0 Conclusions/Suggestions (continued) • Developing Ordinance And Master Plan Elements Late At Night Various concerns have arisen concerning the late night review of Zoning Ordinances and Master Plan Components. The Committee reviewed recent Planning and Zoning schedules and have determined the following: 1) Maximum time taken was 7 hours: usually when it was a major ordinance or controversial zoning issue; 2) In the past two years nine meetings have extended past midnight. It would seem appropriate that when these types-of schedule demands arise additional planning meetings or work sessions should be scheduled. 3) It was observed that during the September through April time frame Planning and Zoning meeting times were usually under three hours. We would therefore urge staff and Council to schedule major Planning issues so that they will come before the Commission during this period. The new City Council resolution restricting late night public hearings has resolved some of these concerns,however if a citizen wants to hear or speak on a planning issue they may become discouraged if the issue is repeatedly tabled. The committee discussed the concept of removing all planning items from the agenda and scheduling a third meeting monthly to consider only these items. There was no clear consensus on this issue,and Staff expressed concerns about the time • commitment and the additional burden on staff to prepare for such a meeting. Delegation OfAuthority To Staff And P&Z Commission After reviewing surveyed cities for the delegation of authority regarding planning and.zoning issues, it is recommended that the City Council consider opportunities to delegate more authority to staff and the Planning and Zoning Commission. Length It Takes To Develop And Process An Ordinance The various new ordinances have taken considerable time and effort to complete, and the committee feels this is not inappropriate given the complexity of the tasks. It is further believed that the number of new ordinances will decrease in the coming year as the focus shifts to modifications needed to existing ordinances. In the near term we would recommend that Council consider the use of either additional Commission meetings to consider only planning issues,or ad hoc committees to review these issues and aid the City Staff in modifications. Priorities. Everyone On The Same Schedule Clearer communication is needed between the City Manager,City Staff,City Council,and the Planning Zoning Commission regarding the priority of zoning and planning issues. Dealing With Peak Planning And Zoning Schedules It is recommended that the City Council and Planning and Zoning Commission consider utilizing Sspecial work sessions and additional monthly meetings to alleviate peak workloads regarding planning and zoning issues. Page 9 itC-1 1 .. >-,."',F:?I. ":';..3:- ,,;.0 l-J;" - =sq .s as_ 5 7-x - s • .: • 3 ai <t^fi• P�� Co. - � �. ?r-410 L.?:� ta'-&'c^. �R `ia� <c' x er' r.. y-i r•arv.,.` x. • � _i\ \'t :'A "Smh `' Ss sC �' .. M+tt c �t F :"+`• yL- • G.11 , : urna ,o▪fSury � oCi' ssi ners,ari <CimStaffs - ebriyua �5 _'1g � - - s y � _ • "b+,tea r v u 'r.. " .,: ° • x �h : :�4'a'SplitPulafion , S rv�eYs.� Co�y ` �y mm m� �� = Re commendatioris ,=Staf Serv. e • aa ,T . � , .� ". v` o: : , t 't . na�O • �rv ` Serito8• res e '3 ' , x te �: ` turn dt? �.>• :�"• 'sr. aS S.;, a:L= • Y , :s � ' _ ` "C'Y �_• S: =2,�FPa,. � y. � A• 'Y _ �� qL � \a . aet ' 6 �Y:3k .YY ya',w .� . .. &AX v^:?�t C,e � •v,- v_ M1n -+viL: . " w�Hv . . ; s ` "-::;., ;: .r1�.SL „:,�` + �v�r._r�?c��ibe€k�•i.Allen C 27,000 7 3 0.43 1 1* 1 1 YES Beaumont C 114,000 9 6 0.67 5 1 YES The Colony C 23,000 7 5 0.71 1* 4 YES Coppell C 24,000 7 5 0.71 5 YES DeSoto C 34,000 7 1 0.14 1 YES Flower Mound C 28,000 9 2 0.22 1 1 NO Fort Worth S 471,000 18 6 0.33 2 2* 2 YES Grapevine C 33,000 9 4 0.44 4 YES n Haslet S 795 13 3 0.23 1 1 1 NO i Highland Village C 10,000 5 1 0.20 - 1 YES tio Mansfield C 18,000 7 4 0.57 4 YES Rockwall C 12,000 7 6 0.86 • 6 NO San Antonio S 936,000 21 6 0.29 1 3* 1 1 YES San Marcos S 28,743 8 5 0.63 2 3 YES TOTAL 1,759,538 134 57 57/134 (43%) 11/14 (79%) Notes: * =Number who would split only if workload required it , Comments: 1. Out of 57 responses there were 37 don't split, 7 split absolutely, 7 both would work or split only if workload a problem, and 6 no comments 2. Out of the 19 responses from split commissions, 11 don't split, 5 split, 2 split only if workload a problem, 1 no comment. G:\W PRPROJECTS\PZ-SPLIT\SURVEY.2SU City of Southlake,Texas MEMORANDUM January 19, 1996 TO: Committee to Study Splitting of Planning and Zoning Commission FROM: Greg Last, Community Development Director SUBJECT: Staff Recommendations to Increase Productivity Following are some recommendations that we would offer as ways to increase the productivity of the Community Development Department,allowing us to spend more time working on priorities as established by Council. Ref.# Recommendation 1. Hire a database consultant to set up a database incorporating various repetitive aspects of submittal processing. We have discussed the benefits of this in great detail and have preliminary concepts of how it would work functionally. We feel this would greatly aid in the productivity of the department by eliminating repetitive typing of the same information on memos,minutes, agendas, legals to the newspaper, etc. It would also increase the level of accuracy by eliminating redundant information. Although we each have a fair level of knowledge of database management, we collectively do not have the time to establish a relational database. 2. Once Council gives staff direction on priorities, inform all advocates of other priorities as to when their project will be pursued. This might eliminate the time spent addressing the items that Council has not established as priorities. 3. If we know an item requires a supermajority vote by Council and we know there will not be a supermajority of Council at the meeting, do not go to the effort to prepare a complete review packetNwhen we expect to table the project. When we send a project forward we must ask the applicant to provide full-size blueline copies of projects each time it is tabled. This is a lot of wasted time administrating packet information. This would be alleviated somewhat if we were to adopt the "reductions" recommendation noted in number 5 below. 4. When an applicant requests to table a project the first time, do not forward a complete packet, maybe only a reduction of the project plan. The logic behind this is that we must prepare a review for the project in order to send it to P&Z or Council,knowing full well that it will be tabled and then we must prepare another review on the revised drawings submitted prior to the next meeting. It would save us time if we only had to review the project once. C:1WPFIPROJECTSIPZ-SPLITISTAFF.REC flG� .lq City of Southlake,Texas • In the past we have forwarded complete packets because we did not want to presume that the P&Z or Council would table the project. I think we could grant them one free table without discussion, then send full packets on all following agenda items. The case that comes to mind is the Versailles project for which we prepared a considerable number of packets just to have them tabled. This would be alleviated somewhat if we were to adopt the"reductions" recommendation noted in number 5 below. 5. Allow 11" x 17"reductions in the P&Z or Council packets rather than the full-size bluelines. With a "PMT" quality reduction, it is my opinion that they are as legible as the full size drawings and are easier to handle. This would eliminate us having to constantly call the consultants requesting that they provide 17 more copies of their plans every time a project is tabled. 6. Utilize technology to increase our productivity by substantially eliminating time-consuming and labor intensive duties. Specific examples as follows: A. digital tax map software products which would allow exhibits and research material to be selected and printed from a P.C.rather than copied,cut and pasted at least three times the time length; B. raw property owner information in database format which is currently available C. computerized certified mail-out forms D. solicit community volunteers or teen court participants to enter data currently only in hard copy form(old case records,etc.)to eliminate hard copy searches 7. • Authorize staff to use"signature stamps" for required signatures of the Mayor and/or the Planning & Zoning Chairman on plats. A substantial amount of staff time is consumed acquiring these signatures which could be significantly reduced. It would also minimize filing process delays for applicants.Currently,the City of Fort Worth allows the CD Director to "stamp" the .signatures of the Mayor and Planning & Zoning Chairman on plats, easements, etc. Another possibility for Southlake is to authorize the City Secretary to do likewise since she also must seal and sign the plats. 8. This idea is one of"resource levelling" of staffs workload. It involves a change in case processing by requiring pre-submittals and eliminating the additional review between P&Z and CC. Applicants would be required to submit to staff first. Staff would review and forward comments to the applicant. However,unlike other cities,the applicant would have the option of making corrections as he saw fit for his"formal"submittal or re-submit a"pre- submittal" for the next cycle. When the formal submittal is received, staff reviews it only once and sends the same review letter to P&Z and CC. C:\WPF\PROJECTS\PZ-SPLIT\STAFF.REC i l‘..ZO City of Southlake,Texas The benefits are: 1)major errors/omissions could be discussed during DRC and relayed to 0 the developer earlier in the his design process; 2)although it would not reduce the number of staff reviews, it "levels" the work load by eliminating the CC review which presently occurs during the"packet week;".3)it helps eliminate P&Z's complaints on the number of comments in the review letter; and 4) it gives staff"advance warning" allowing earlier preparation of legals,notices, etc. The drawbacks are: 1)a two-week delay for the developer (although this may not happen if the incompleteness of the submittal causes the case to be tabled); and 2)staff could become"quality control"for the project(however, if the project is lacking too much information staff could return it to the applicant to"try again." This is not an exhaustive list. I would welcome the opportunity to discuss any of these ideas or any others that the committee might develop. 4...... ._ GL/gl enc: 11" x 17" Reductions of plat, concept plan and site plan examples cc: Curtis E. Hawk, City Manager S . . I • CAWPFTROJECTSTZ-SPLITISTAFF.REC Ile -Z► City of Southlake,Texas MEMORANDUM January 31, 1997 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Changes Made Since Council Action on P&Z Split The Committee that studied whether or not to split the Planning and Zoning Commission recommended that several actions be taken as an alternative to splitting the commission. These recommendations are attached at the end of this memo. Following is a summary of the progress that has been made regarding many of these recommendations. 1. Compliance with the Comprehensive Plan: With the addition of two people in the Community Development Department, we were able to create divisions, one of which is specifically charged with updating the Comprehensive Planning Components. This has allowed better staff support of the Master Thoroughfare Plan Update which would not have been accomplished without this change by Council. • 2. Communication between P&Z Commission and the City Council: This is an item that still needs to be implemented. The difficulty has been the number of extra meetings being held by both the Council, and the Commission. Staff has been forwarding priority information to the Commission as it is developed or approved by Council. 3. Use of Spin: SPIN has been a great asset in the negotiation process between the developer and the surrounding homeowners. Those developers who follow our recommendations and meet with SPIN prior to submittal have had a much better project by the time they reached the Commission, thereby reducing the deliberation time of the Planning and Zoning Commission. 4. Staffing Levels: We have just recently completed the hiring of the second person authorized by the Council to help assist in the development review process. It seems to take considerable time to get a qualified applicant and more time to train them to the point where they are productive. (Unless of course you only hire people previously employed in the Community Development Department and then the search time is reduced considerably.) • L:\WP-FILES\PROJECTS\PZ-SPLIT\SECOND\CHANGES.WPD IIG - ZZ City of Southlake,Texas 5. Developing Ordinance and Master Plan Elements Late at Night: We have been working under the limitations of the 11:00 p.m. curfew. The Commission has been meeting almost every off Thursday to address issues. These past several months have been extensively tied up with the efforts to consider the Rialto Town Center project, the Timarron Commercial Rezoning requests, and the Master Thoroughfare Plan Update. 6. Delegation of Authority to Staff and P&Z Commission: There has not been any further discussion of this recommendation to my knowledge. 7. Length is Takes to Develop and Process an Ordinance: The recommendation for "Ad- Hoc" committees to discuss particular ordinances has worked particularly well in the past several months. The Telecommunications Ordinance is a good example of ad-hoc efforts reducing the time needed for the Commission to deliberate an ordinance. Also note that this is the first significant ordinance that has benefitted from the additional staff authorized by Council. The ability to have the Zoning Assistant actually provide "zoning assistance" to the Zoning Administrator greatly aided in the preparation and thoroughness of the ordinance. 8. Priorities. Everyone on the Same Schedule:The"Prioritizing Exercise"that Council went through in December gave staff a clear understanding of the priorities of the Council and the anticipated scheduling of these items. This has been a great aid in scheduling man-hours necessary to accomplish the Council's goals. 9. Dealing with Peak Planning and Zoning Schedules: As previously mentioned, the Planning and Zoning Commission has been meeting almost every off Thursday to address the overwhelming large projects that have been received in the past months as well as the Master Thoroughfare Plan Update. 10. Establish Database for Community Development: This is currently in process and should prove to be a great benefit in the productivity of the department. 11. Establish clear Priorities: See comment number 8 above. 12. Packet Preparation Reduction: We have not been doing this on supermajority items because we did not want to presume any actions by Council. With Council's direction,we could begin to implement a policy of no packet preparation on items requiring a super- majority vote until a full Council is anticipated. 13. Tabling of Items and Packet Preparation:We have not been doing this consistently either although there have been several times when we have not forwarded a packet when we knew the Council would table an item or the item had no significant issues to resolve. 14. Allow 11" x 17" reductions: This recommendation was not received well by the Council so it has not been pursued. L:\WP-FILES\PROJECTS\PZ-SPLIT\SECOND\CHANGES.WPD 11C Z3 City of Southlake,Texas t 15. Utilize technology to increase productivity: We have been using the computerized forms for mailing out certified letters and have taken advantage of digital tax map information. This has reduced the amount of time needed to prepare certain exhibits and mail-outs. 16. Authorize use of Signature Stamps": We have not started this yet. We have performed research which shows that several other cities are already doing this and they find that it saves considerable time. 17. Evaluation of processing requirements: We feel strongly that there is a better way to process our submittal. We have done some research on other cities methods and are trying to find time to evaluate the alternatives. This could dramatically improved the efficiency of our entire process. Please contact me if you have any questions. GL/gl r L:\WP-FIL ES\PROJECTS\PZ SPLIT\SECOND\CHANGES.WPD LIC-ZLi 4.0 Recommendation SThe unanimous recommendation of the members of this Committee is to retain the current combined Planning&Zoning Commission format. As cited in Section 5.0 below,enhancements can be made to Southlake's processes which will provide better service to our citizens and improve Council, Commission,and Staff productivity,leading to greater focus and attention spent towards planning for the future of Southlake. 5.0 Conclusions/Suggestions Compliance With The Comprehensive Plan A Staff Report reviewing zoning cases over the past three years indicates that the City has been consistently in compliance with the Land Use and Thoroughfare components of the Master Plan. In cases where the City has deviated from these plans a reasonable explanation was available for each variance. It appears that compliance with the Master Plan is not a significant problem at this time, however there have been concerns expressed by citizens and some Council members that the Land Use Plan is out of date and in need of review. It is suggested that a potential solution to mitigate these concerns would be for Council to appoint an ad-hoc committee to begin an immediate update of the Land Use Plan. Communication Between P&Z Commission And The City Council SComments made by City Council Members and Planning and Zoning Commissioners indicate a need for periodic meetings to discuss zoning issues and priorities,.upcoming events,City planning issues, and administrative issues. In addition, Staff should alert Council to repetitive problem areas that the Planning and Zoning Commission is encountering. Use of SPIN SPIN Standing Committee personnel and resources may be utilized to aide in the communication of planning and zoning issues. This would be consistent with the current SPIN Standing Committee's goals and objectives. Make full use of this body of involved citizens. Staffing Levels It appears that many ci'f the delays of issues regarding planning, such as modifying existing zoning ordinances,creating new zoning ordinances,and updating the Master Plan Components is the result of under staffing as well as inadequate computer resources. City Council should consider increasing the Community Development staffing as well as updating the Department's systems. In addition, it is suggested the City Council review the staffs efficiency recommendations provided within this documentation. Page 8 S liC -Z5 5.0 Conclusions/Suggestions (continued) S Developing Ordinance And Master Plan Elements Late At Night Various concerns have arisen concerning the late night review of Zoning Ordinances and Master Plan Components. The Committee reviewed recent Planning and Zoning schedules and have determined the following: 1) Maximum time taken was 7 hours: usually when it was a major ordinance or controversial zoning issue; 2) In the past two years nine meetings have extended past midnight. It would seem appropriate that when these types-of schedule demands arise additional planning meetings or work sessions should be scheduled. 3) It was observed that during the September through April time frame Planning and Zoning meeting times were usually under three hours. We would therefore urge staff and Council to schedule major Planning issues so that they will come before the Commission during this period. The new City Council resolution restricting late night public hearings has resolved some of these concerns,however if a citizen wants to hear or speak on a planning issue they may become discouraged if the issue is repeatedly tabled. The committee discussed the concept of removing all planning items from the agenda and scheduling a third meeting monthly to consider only these items.There was no clear consensus on this issue,and Staff expressed concerns about the time commitment and the additional burden on staff to prepare for such a meeting. • ,Delegation Of Authority To Staff And P&Z Commission After reviewing surveyed cities for the delegation of authority regarding planning and'zoning issues, it is recommended that the City Council consider opportunities to delegate more authority to.staff and the Planning and Zoning Commission. Length It Takes To Develop And Process An Ordinance The various new ordinances have taken considerable time and effort to complete, and the committee feels this is not inappropriate given the complexity of the tasks. It is further believed that the number of new ordinances will decrease in the coming year as the focus shifts to modifications needed to existing ordinances. In the near term we would recommend that Council consider the use of either additional Commission meetings to consider only planning issues,or ad hoc committees to review these issues and aid the City Staff in modifications. Priorities. Everyone On The Same Schedule Clearer communication is needed between the City Manager,City Staff,City Council,and the Planning Zoning Commission regarding the priority of zoning and planning issues. Pealing With Peak Planning And Zoning Schedules It is recommended that the City Council and Planning and Zoning Commission consider utilizing special work sessions and additional monthly meetings to alleviate peak workloads regarding planning zoning issues. •and Page 9 • I (G- zL City of Southlake,Texas MEMORANDUM 0 January 19, 1996 ' TO: Committee to Study Splitting of Planning and Zoning Commission FROM: Greg Last, Community Development Director SUBJECT: Staff Recommendations to Increase Productivity Following are some recommendations that we would offer as ways to increase the productivity of the Community Development Department,allowing us to spend more time working on priorities as established by Council. Ref.# Recommendation 1. Hire a database consultant to set up a database incorporating various repetitive aspects of submittal processing. We have discussed the benefits of this in great detail and have preliminary concepts of how it would work functionally. We feel this would greatly aid in the productivity of the department by eliminating repetitive typing of the same information memos,minutes, agendas, legals to the newspaper, etc. It would also increase the level Son of accuracy by eliminating redundant information. Although we each have a fair level of knowledge of database management, we collectively do not have the time to establish a relational database. . 2. • Once Council gives staff direction on priorities,inform all advocates of other priorities as to when their project will be pursued. This might eliminate the time spent addressing the items that Council has not established as priorities. 3. If we know an item requires a supermajority vote by Council and we know there will not be a supermajority of Council at the meeting, do not go to the effort to prepare a complete • review packetpwhen we expect to table the project. When we send a project forward we must ask the applicant to provide full-size blueline copies of projects each time it is tabled. This is a lot of wasted time administrating packet information. This would be alleviated +, somewhat if we were to adopt the "reductions"recommendation noted in number 5 below. 4. When an applicant requests to table a project the first time, do not forward a complete packet, maybe only a reduction of the project plan. The logic behind this is that we must prepare a review for the project in order to send it to P&Z or Council,knowing full well that it will be tabled and then we must prepare another review on the revised drawings submitted prior to the next meeting. It would save us time if we only had to review the project once. IDC:\WPF C:\WPRPROJECTSWZ-SPLMSTAFF.REC City of Southlake,Texas In the past we have forwarded complete packets because we did not want to presume that the P&Z or Council would table the project. I think we could grant them one free table without discussion, then send full packets on all following agenda items. The case that comes to mind is the Versailles project for which we prepared a considerable number of packets just to have them tabled. This would be alleviated somewhat if we were to adopt the"reductions" recommendation noted in number 5 below. 5. Allow 11" x 17" reductions in the P&Z or Council packets rather than the full-size bluelines. With a "PMT" quality reduction, it is my opinion that they are as legible as the full size drawings and are easier to handle. This would eliminate us having to constantly call the consultants requesting that they provide 1-7 more copies of their plans every time a project is tabled. 6. Utilize technology to increase our productivity by substantially eliminating time-consuming and labor intensive duties. Specific examples as follows: A. digital tax map software products which would allow exhibits and research material to be selected and printed from a P.C.rather than copied,cut and pasted at least three times the time length; B. raw property owner information in database format which is currently available C. computerized certified mail-out forms D. solicit community volunteers or teen court participants to enter data currently only in hard copy form(old case records,etc.)to eliminate hard copy searches 7. Authorize staff to use"signature stamps" for required signatures of the Mayor and/or the Planning & Zoning Chairman on plats. A substantial amount of staff time is consumed acquiring these signatures which could be significantly reduced. It would also minimize filing process delays for applicants.Currently,the City of Fort Worth allows the CD Director to "stamp" the .signatures of the Mayor and Planning & Zoning Chairman on plats, easements, etc. Another possibility for Southlake is to authorize the City Secretary to do likewise since she also must seal and sign the plats. 8. This idea is one of"resource levelling" of staff's workload. It involves a change in case processing by requiring pre-submittals and eliminating the additional review between P&Z and CC. Applicants would be required to submit to staff first. Staff would review and forward comments to the applicant. However,unlike other cities,the applicant would have the option of making corrections as he saw fit for his"formal"submittal or re-submit a"pre- submittal" for the next cycle. When the formal submittal is received, staff reviews it only once and sends the same review letter to P&Z and CC. C:\WPF\PROJECTS\PZ-SPLFT\STAFF.REC !1c -.Z8 City of Southlake,Texas • The benefits are: 1)major errors/omissions could be discussed during DRC and relayed to 0 the developer earlier in the his design process; 2)although it would not reduce the number of staff reviews, it"levels" the work load by eliminating the CC review which presently occurs during the"packet week;"3) it helps eliminate P&Z's complaints on the number of comments in the review letter; and 4) it gives staff"advance warning" allowing earlier preparation of legals,notices,etc.The drawbacks are: 1)a two-week delay for the developer (although this may not happen if the incompleteness of the submittal causes the case to be tabled); and 2)staff could become"quality control"for the project(however, if the project is lacking too much information staff could return it to the applicant to "try again." This is not an exhaustive list. I would welcome the opportunity to discuss any of these ideas or any others that the committee might develop. 6._. GL/gl enc: 11" x 17" Reductions of plat,concept plan and site plan examples cc: Curtis E. Hawk, City Manager S . r 0 CAWPF\PROJECTSIPZ-SPLITISTAFF.REC I16'Zq 1 • City of Southlake,Texas • MEMORANDUM • January 31, 1997 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Administrative Requirements for an Additional Commission Attached is a summary of issues that need to be addressed administratively to support an additional commission. Please contact me if you have any questions. I. STAFFING: POSITION SALARY BENEFITS EQUIPMENT/ OFFICE FURNITURE SPACE* Administrative $26,032.00 $4,829.00 $5,000.00 120 sq. ft. Secretary Clerk $21,416.00 $4,268.00 $5,000.00 100 sq. ft. Planner II $40,385.00 $6,284.00 $5,000.00 150 sq. ft. TOTALS $87,833.00 $15,381.00 $15,000.00 /370 sq. ft. * Based on 1996 Space Analysis and Program Needs for proposed City Hall II. MEETING SPACE: In addition to the capital outlays for new personnel,there would be an immediate concern of locating space suitable for holding public meetings for an additional commission. Currently the City Council Chambers and the White Chapel Room at Bicentennial Park are the only two City facilities capable of supporting public meetings of the size the current commission holds. These rooms are generally unavailable for reservation at present due to the large number of public meetings already scheduled. GL • !� C- 3o City of South lake,Texas • MEMORANDUM January 31, 1997 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Recommended Changes Following are changes that I would recommend that might better facilitate the timely processing of projects desired by City Council. 1. AGENDA MANAGEMENT: Implement the "Point System" for placement on the Planning and Zoning Commission agenda. This would limit the items to be considered by the Commission before they were placed on the agenda. Staff spends an incredible amount of time preparing packets for items that we know are not going to be heard by the Commission. We have prepared some packets 4-5 times without ever being considered by the Commission. This recommendation would include the elimination of the "Case Limitation Resolution"and allow everything that was placed on the agenda to be heard the • night it was on the agenda. Obviously, there will be times when a late hour will still preclude consideration of an item and the Commission would have the ability to table it until a future meeting. 2. MODIFIED RELIEF OF 11:00 P.M. CURFEW: Modify the "Case Limitation Resolution"to allow discussion of ordinances after 11:00 p.m.,possibly between 11:00 and 12:00 p.m. This would be for discussion only and not for public hearings on the ordinance. You could still limit a true"Public Hearing"so that it would not start after 11:00 p.m. 3. CONTINUE DATABASE DEVELOPMENT: We have been working with our computer consultant to develop a database which will make our reoccurring research projects much less timely to perform. There are many benefits to be obtained by implementing this system. 4. CHANGE SUBMITTAL PROCEDURES: We have been evaluating for months possible alternatives to the current procedures for case processing. The staff is bearing the burden of calling consultant to get resubmittals and corrections of their plans. We would like to take a harder position and not allow the progression of their project if they cannot meet the procedures. We are also contemplating mandatory presubmittals and elimination of the resubmittal between P&Z and Council in order to have the same review appear before Council that was developed for P&Z. L:1W P-FILES\PROJECTS\PZ-SPLIT\SECOND\RECOM l.W PD City of South lake,Texas 0 5. SIGNATURE STAMPS: Begin the use of"signature stamps"for required signatures of the Mayor and Planning and Zoning Chairman on plats. We spend a great deal of time logistically trying to get these signatures. This procedure is used by other cities. 6. PRIORITY ESTABLISHMENT: The recent exercise in priority establishment has allowed us to better anticipate workloads related to the priorities requested by Council. It also provides a graphic tool to address reprioritization when new requests are made in our department. 7. SUPERMAJORITY VOTE CASES: If it is the desire of Council on any case which requires a supermajority vote by Council that they will defer the case until such time as a full Council is seated, allow staff not to prepare the packet until such time as we know we will have a full Council. This is not an exhaustive list of recommendations. I would welcome the opportunity to discuss any of these items with you or any interested Councilmember. Please contact me if you have any questions. GLlgl 410 IIIL:\WP-FILES\PROJECTS\PZ-SPLIT\SECOND\RECOMI.WPD (1 C.'3Z 10,08 Accounts�+tanicipally Owned Utilities appointed bythe Council for a term of two(2)years.Three members PP rsof the P fiigand Zoning Commission shall be appointed each odd numbered year. The remaining four (4) Accounts shall be kept for each public utility owned or operated by the City, in such man- members of the Planning and Zoning Commission will be appointed each even numbered ner as to show the true and complete financial results of such City ownership and opera- year.The Commission shall annually elect a Chairman from its membership and shall meet tion, including all assets, appropriately subdivided into different classes, all liabilities sub- • not less than once a month.The chairman of the Commission shall be a voting member.A •divided by classes, depreciation reserve, and surplus; also revenues,operating expenses majority of the members shall constitute a quorum. including depreciation, interest payments, rental and other disposition of annual income. The accounts shall show the actual capital cost to the City of each public utility owned, A member of the Commission may be removed after a public hearing based on a written also the cost of all extensions, additions and improvements, shall show as nearly as pos- cause and with the consent of a majority of the Council. If a vacancy occurs upon the sible the cost of any service furnished to or rendered by any such utility to any other City Planning and Zoning Commission, by both resignation or otherwise, the Council shall or governmental department.The Council shall annually cause to be made by a certified appoint a commissioner to fill such a vacancy for the unexpired term. The Commission public accountant and shall publish a report showing the financial results of such City own- shall keep minutes of its proceedings which shall be a public record.The commission shall ership and operation, giving the information specified in this section and such other data I serve without compensation. No member of the Planning and Zoning Commission shall as the Council shall deem expedient. hold another salaried or elected City office. (Amended on January 19,1991) 10,09 Franchise Records 11.04 Purpose and Object of Planning and Zoning Commission The City shall compile and maintain a public record of utility franchises. The purpose and object of the Planning and Zoning Commission is to act as an advisory • board to the Council relating to all nature of zoning, public improvements, civic improve- ments,city planning,opening,widening and changing of streets, routing of public utilities, • 10.10 Extensions controlling and regulating traffic upon the public streets and ways of the City and such • other matters relating to City improvements as the Commission and the Council may deem All extensions of service of public utilities within the City limits shall become a part of the beneficial to the City. aggregate property of the public utility,shall operate as such,and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made.The right to use and maintain any extension shall terminate with the original grant 11.05 Powers and Duties of the Commission and shall be terminable as provided in Section 10.05. In case of an extension of a public (a)Recommend a Master Plan for the physical development of the City. • utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. (b)Recommend to the Council,approval or disapproval of proposed changes in the Master Plan. n CHAPTER XI (c)Make recommendations to the Council regarding zoning in accordance with applicable 1 • State law. ILI PLANNING AND ZONING (d)Make recommendations to the Council regarding platting or subdividing land within the W corporate limits of the City and outside said corporate limits to the extent authorized by law. 11.01 State Law Adopted (e)The Commission shall be responsible to and act as an advisory body to the Council,and The Council shall have the power and authority to zone the City and to pass all necessary shall have and perform such additional duties as may be prescribed by ordinance. ordinances, rules and regulations governing same, under and by virtue of the authority given to cities and legislative bodies thereof by Article 1011 a through 1011j, inclusive, of 11.06 The Master Plan Vernon's Annotated Texas Civil Statutes,together with all existing amendments which may hereafter be made thereto. • (a)The Planning and Zoning Commission shall formulate and recommend to the Council a Comprehensive Master Plan and shaft-consult with the City Manager and with other City departments regarding planning. 11.02 Board of Adiustment (b) The Master Plan for the physical development of the City shall contain the The Council, shall appoint a Board of Adjustment which shall have all of the powers and Commission's recommendations for growth, development and beautification of the City authority as set forth in Article 1011 g, Vernon's Annotated Texas Civil Statutes, and as and for the City infrastructure necessary to maintain and enhance the health, safety, and hereafter amended,and such additional powers and privileges as may be duly assigned to welfare of its residents.The Master Plan shall consist of at least these components: it by the ordinances of the City. (1)Land Use Plan; (2)Thoroughfare Plan; 11.03 The Planning and Zoning Commission (3)Parks, Recreation,and Open Space Plan; There shall be established by the Council a Planning and Zoning Commission,which shall (4)City-wide Trail Master Plan; consist of seven(7)citizens from the City.The members of the said Commission shall be (5)Water and Wastewater Plan; .• (6)Storm AR Plan; lished either under the law in force at the time of beginning of such procee under the law after the adoption of this Charter. and such other components that the Council may designate by ordinance or resolution. Each component of the Master Plan shall address a planning horizon of at least ten (10) years into the future. 12,02 Continuation of Present Offices (c)A copy of the Master Plan,or any part thereof,shall be forwarded to the City Manager, All persons holding administrative office at the time this Charter takes effect shall continue who shall submit it with his recommendations to the Council,which may adopt this plan in in office and in the performance of their duties until provision shall have been made in whole or in part,and may adopt any amendments thereto after at least one(1)public hear- accordance therewith for the performance of such duties or the discontinuance of such ing on the proposed action. office. The powers conferred and the duties imposed upon any office, department or agency of the City by the laws of the State shall, if such office, department or agency be (d) The Master Plan components shall be reviewed by the Planning and Zoning abolished by this Charter or under its authority, be thereafter exercised and discharged by Commission and updated as necessary to reflect changing City conditions and require- the office, department or agency designated by the Council unless otherwise provided ments,on this schedule: herein. (1)Land Use Plan—at least every two(2)years; (2)Other components—at least every four(4)years. • 12.03 Public Meetings The City Manager shall be responsible for scheduling reviews in accordance with this All meetings of the Council and all boards and commissions appointed by the Council shall requirement. be governed by the provisions of the Open Meetings Act, Article 6252-17 of Vernon's • Annotated Texas Civil Statutes and any amendments thereto.This section shall not be con- (e)After each review,the Planning and Zoning Commission shall either submit its recom- strued to require any action or measure beyond that required by the aforementioned State mendations for updating the component(s) or shall submit a letter confirming that the • Statute. review was accomplished but declaring that there were no recommended revisions. • (f)The Council shall act on such plan, or part thereof, within sixty(60) days following its 12.04 Public Records submission. If such plan,or part thereof,shall be rejected by the Council,the Commission may modify such plan or part thereof,and again forward it to the Council for consideration. Access to the records of every office,department or agency of the City shall be subject to • • public inspection as provided by Article 6252-17a of Vernon's Annotated Texas Civil (g)All amendments to the Master Plan recommended by the Commission shall be submit- Statues and any amendments thereto.This section shall not be construed to require any ted to the Council for approval in accordance with the procedures required by this Section action or measure beyond that required by the aforementioned State Statute. 11.06,and all other recommendations affecting the Master Plan shall be accompanied by a recommendation from the Planning and Zoning Commission. (Amended on January 21, 1995) 12.05 Official Newspaper The Council may designate by resolution a newspaper of general circulation in the City as 11.07 Separation of Planning and Zoning Commission the official newspaper of the City, and shall cause to be published therein all ordinances, notices and other matters which are required to be published by this Charter, the ordi- The Council may by ordinance,at such time as deemed in the best interest of the citizens nances of the City or the Constitution or Laws of the State of Texas. of Southlake, create a separate Commission to perform the duties of Planning. This Commission shall have the same structure as provided for the Planning and Zoning Commission in Section 11.03 and will perform all duties specified in Sections 11.03 12.06 Notice of Injury or Damage through 11.07 for Planning only subject to all limitations therein contained. The Zoning Commission will perform only the duties specified in the same sections for Zoning,and as Before the City shall be liable for any claim for damages for the death or personal injuries Advisory Board to the Planning Commission subject to the limitations therein contained. of any person or for damages to propely,the complainant or his-authorized representative • shall notify the City Secretary.The notification shall be in writing and shall state specifical- ^ ly how,when and where the death,injury or damage occurred;the amount of loss claimed; 1 CHAPTER XII and the identity of any witnesses upon whom it is relied to establish the claim.The person W giving notice under this section shall give the addresses of every place that he has resided ftlt TRANSITION AND GENERAL PROVISIONS during the six(6)month period prior to the damage or injury and subscribe his name to the notice under oath that the statements and facts contained in said notice are true and cor- rect.The notification shall be filed within six months of the date of injury or damage or in 12.01 Effect of Charter on Existing Law the case of death,within six months(6)of the date of death. All ordinances, resolutions, rules and regulations in force in the City on the effective date of this Charter, and not in conflict with this Charter, shall remain in force until altered, amended or repealed.All taxes, assessments, liens, encumbrances and demands, of or against the City,fixed or established before such date, or for the fixing or establishing of which proceedings have begun at such date, shall be valid when properly fixed or estab- ,