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1997-02-18 CC Packet City of Southlake,Texas MEMORANDUM February 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Chris Carpenter,Planner SUBJECT: Statistical Graphics for Bond Rating Team Visit Greg Last has asked that I forward copies of the statistical information and graphics I prepared for the visit by the bond rating team to both the City Council and the Planning and Zoning Commission. The following graphics provide good, quick reference sheets for a number of population, development growth, and financial trends occurring in the City of Southlake. Please forward copies of these charts to the Mayor and Council as you deem appropriate. CLC\cc cc: Planning and Zoning Commission enc: Statistical graphics L:1123FILESIDEMOGICC P&Z.DOC . .. .,,,.: o • Annual Population Totals (With Growth Rate) 20 15 • 11. 9% 23.04% I21.91'o 10 C 0 11.39°. 12..6% I CO C. a° s°ioi s.5. 5 = i ILFIEITI I 1 0 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 Calendar Years t • • • Commercial vs. Non-Commercial Development Cases 200 150 a) IIIIIIII, u) pir \I 0 100 "" ® Non-Commercial ' NE Commercial Z 6 ' 50 . a a �` i 1991 1992 1993 = " '-- 1994 1995 1996 Year New Commercial Units by Fiscal Year 100 80 — — i .co 60 — — -- N Z 9- 0 40 20 — -- I ' I k 0 - • FY 86 FY 87 FY 88. FY 89 FY 90 FY 91 FY 92 FY 93 FY 94 FY 95 FY 96 • Fiscal Year • • New Commercial Construction Value by Fiscal Year 30 • 3 20 co 0 6 2 10 — — — — • I 0 FY 86 FY 87 FY 88: FY 89 FY-90 FY 91 FY 92 FY 93 FY 94 FY 95 FY 96 Fiscal Year 41111) Umber _ Ur��ts O o N o 0 N O O �` O O \ \\\ ill 'ii 't. •100g0t 00 s , iiicti111001111 z. 0.1 a .7 3, - . l''. • 01 1 II I ISI P Vall 1 1.a' • . to ^ 00 0 \ '1"..0011 1 ., . i‘S• ,\\ sio s. \ c... 1 - '- • - -11., \ 00 '?.... SD -4' 01 (1) t9 Cr 9 to W �^^,, Lo ---w"."1--- 1 I kill.°.1 0 co Oil . cr AA . •0011 CA 4110 0 0 . New Residential Construction Value by Fiscal Year 200 cn 0 0 150 Ill jill cI Ilir I O • j 50 c II -cn Mill U lill lijillWi. 0 FY 86 FY 87 FY 88 FY 89 FY 90 FY 91 FY 92 FY 93 FY 94 FY 95 FY 96 Fiscal Year Current Residential Lot Inventory Analysis "(On-going New Construction) Thousands 0 • 2 4 6 Approved Lots —52-03 ...of those,this many are platted —4037 ...of those,this many have been issued building permits •6 ...leaving this many lots yet to be issued permits ! • Total Lots=Lots Approved(All Phases) Available Lots=Platted Lots-Permitted Lots -10 Existing Zoning Acreage by Percentage (44.0%) (8.2%) ���„� . .eb. 4 d (4.2%) (3.4%) 111 Residential = a Commercial Eli Industrial ® Public, Other, Misc. • Undeveloped/Agricultural O./ 41, . Future Land Use Acreage by Percentage (63.1%) o Residential _' _- _ � '� ,� n Mixed Use (Commercial, Office, Etc.) � p y Public, Flood Plain, Other jr a Industrial /y r ,/a ft. � 'f yF //` �9 l ''4 r 3��. �, ,"�� ,/.,z3r�.�iis'.e;l:i.�,n,:., y x" �€ , (5.2%) erg s hy.,, r� (14.6%) ay; (17.2%) 11110 Master Plan Review Schedule Master Plan Component Year 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Master Thoroughfare Plan ♦ 0 V V Land Use Plan ♦ V Parks, Recreation, and Open Space Master Plan ♦ V Trail System Master Plan ♦ V Water and Wastewater Plan ♦ Storm Drainage Plan • Not yet adopted (Planned for FY'96'97) Water and Wastewater Impact Fee ♦ V V V Roadway Impact Fee ♦ 0 Legend: • Adoption date V Planned Update Q Actual Update L:lgraphicslmstrpin.vsd February 17 - arch 7, 1997 Upcoming 411) M s and Events la g MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY Feb 17 Feb 18 Feb 19 Feb 20 Feb 21 1st Day to file for Office 11:30am Mayor lunch w/CM 7:00pm SYAC @ Comm Center 7:30am Metroport Mtg @ 5:00-8:30pm Spaghetti Dinner - 9:30am Director's Mtg @ 5:00pm CC Work Session Southlake City Hall Women's Club Admin 6:00pm SPDC Public Hearing - 11:30am New Employee 11:30am-1:30pm CC briefing Bonds Orientation from Staff @ CC Rm. 7:00pm CC Regular Meeting 11:30am Joint Chamber 6:00pm SPDC Mtg @ CC Rm Luncheon-Speaker Dick Armey 7:00pm Historical Society @ @ TC Lonesome Dove Ch 5:15-7:00pm Chamber Mixer @ Payton Wright 6:00pm NE Tarrant Arts Council 7:00pm P&Z Meeting Feb 24 Feb 25 Feb 26 Feb 27 Feb 28 9:30am Director's Mtg @ CC 5:00pm Chamber New Mbr 7:00pm SPIN Standing Comm PACKET DAY Rm reception @ Telesupport Joint w/CC - 10:00am Staff/Agenda Mtg @ CC Rm 11:30am-1:30pm CC briefing from Staff @ CC Rm Mar 3 Mar 4 Mar 5 Mar 6 Mar 7 9:30am Director's Mtg @ 11:30am Mayor-lunch w/CM 7:00pm SYAC CO Com Ctr 7:00pm P&Z Meeting Admin 5:00pm CC Work Session 11:30am-1:30pm CC briefing begins from Staff @ CC Rm 7:00pm KSB @ Com Ctr 7:00pm Mayor's Council 2/14/1997 _ City of Southlake,Texas MEMORANDUM February 13, 1997 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 97-12, Renewal of an agreement with the Fort Worth Star-Telegram, naming them as the legal publication for the City. The current contract for the City's legal publication will expire on February 28, 1997. The City has designated the Fort Worth Star-Telegram, as the legal publication since 1988, since it is one of the newspapers in the area that meets the requirements of the City of Southlake Home Rule Charter and the State Statutes. The Dallas Morning News also qualifies as a legal publication, however, they are considerably higher in costs. I have attached a letter from Betty Williams, Inside Sales Manager, with the Star-Telegram, informing me of the amended rates, which include: Current Rates: Both morning and evening editions of the full circulation are $.66 per line, per day. Legal notices to be published on Sunday are $1.08 per agate line, per day. This compares to the current regular rate of$4.58 per line, per day for legal notices. Employment and other S display ads in the classified section of the Star-Telegram at a rate of$6.70 per agate line per day. New Rates: Legal notices will be published in both the morning and evening editions of the full circulation Star-Telegram at the rate of$.79 per agate line, per day. Legal notices published on Sunday will be $1.30 per agate line per day. This compares to the regular rate of$4.90 per line, per day for legal notices. Non-legal ads, or legal notices not published in the classified section will be charged at the normal published rates. Employment and other display ads in the classified section of the Star-Telegram will be a rate of $8.04 per agate line per day. This compares to the regular rate of$13.04 per line for Sunday employment ads. This special rate applies only if the Star-Telegram is chosen to publish legal notices for the City of Southlake. A maximum of two affidavits of publication will be furnished to the City of Southlake upon request, at no additional charge. Additional affidavits are available for $20.00 each. The rates have increased some, but are still considerably lower than other area newspapers and the City has an excellent working relationship with the Fort Worth Star-Telegram. If yo have questions, please do not hesitate to contact me. /sl • SA- \ . City of Southlake,Texas • CITY OF SOUTHLAKE RESOLUTION NO. 97-12 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, RENEWAL OF THE DESIGNATION OF AN OFFICIAL NEWSPAPER AND APPROVING A CONTRACT FOR OFFICIAL PUBLICATIONS WITH THE FORT WORTH STAR TELEGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Section 12.05 of the City's Charter, the City Council is authorized to designate a newspaper of general circulation in the City as 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 the Charter, the ordinances of the City or the Constitution or laws of the State of Texas; and, WHEREAS, the City is currently in the practice of using the Fort Worth Star-Telegram for its official publications; and, WHEREAS, in or to avail itself of special rates offered by the Fort Worth Star Telegram, it is the intention of the City Council to hereby officially declare the Fort Worth Star Telegram to be the "official newspaper" of the City and to enter into a contract with the newspaper for such services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby designates the Fort Worth Star Telegram, as its "official newspaper" and hereby directs that all ordinances, notices and other matters which are required to be published by the Charter, the ordinances of the City or the Constitution or laws of the State of Texas, shall be published in the Fort Worth Star Telegram. _ Section 3. The City Council hereby approved a Contract for Official Publications in the form attached hereto as Exhibit "A" with such publisher. The City Manager is hereby authorized and directed to execute and deliver such contract to the Fort Worth Star-Telegram on behalf of the City. Section 4. This resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED THIS THE 18TH DAY OF FEBRUARY, 1997. ,41 A- • • Resolution No. 97-12 Official Publication page two Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary _ • City of Southlake,Texas • CONTRACT FOR OFFICIAL PUBLICATIONS STATE OF TEXAS } COUNTIES OF TARRANT } AND DENTON This Contract, dated as of March 1, 1997, is made and entered into by and between the City of Southlake, Texas, (the "City") and the Fort Worth Star Telegram (the "Publisher"). WITNESSETH WHEREAS, in accordance with Section 12.05 of the City's Home Rule Charter, the City Council, as approved on May 1, 1997, has designated the Fort Worth Star Telegram (the "Newspaper") to be the official newspaper of the City. Such newspaper being of general circulation in the City. NOW, THEREFORE, for and in consideration of the mutual covenants, promises the agreements herein contained and other good and valuable consideration, the sufficiency of which 4110 is hereby acknowledged, the City and the Publisher do hereby agree as follows: I. That the City will cause to be published in the Newspaper any ordinances, notices, and other matters which are required to be published by the City's Charter, the ordinances of the City, or the Constitution or laws of the State of Texas. II. That the City and the Publisher hereby agree that the rates to'be paid by the City for the City's official publication are as follows: Legal notices will be published in the daily or Saturday edition of the full circulation Star-Telegram at the rate of $.79 per agate line, per day. Legal notices to be published on Sunday will be $1.30 per agate line, per day. This compares to the regular rate of $4.90 per line, per day for legal notices. Non-legal ads, or legal notices not published in the classified section will be charged at the normal published rates. The Star Telegram will publish employment and other display ads in the classified section of the Star- Telegram at a rate of$8.04 per agate line per day. This compares to the regular rate of$13.04 per line for Sunday employment ads. This special rate applies only if the Star Telegram is chosen to publish legals for the City of Southlake. A maximum of two affidavits of publication will be furnished to the City of Southlake upon request, at no additional charge. Additional affidavits are available for $20.00 each. Ads are to be set in agate type unless requested otherwise. Ill 5A- • Contract for Official Publications Fort Worth Star Telegram page two III. This Contract may be modified or amended at any time upon the written approval by both the City and the Publisher. Any such amendment or modification shall be attached to and incorporated into this Contract. IV. This Contract shall be in full force and effect until the 28th-day of February 1998, or its earlier termination or cancellation by either the City or the Publisher upon thirty (30) days written notice to the other party. Written notice shall be deemed given upon a party hereto three (3) days following the deposit of such notice in the United States mail, postage prepaid and properly addressed to such party as follows: TO THE CITY: City Manager City of Southlake S1725 East Southlake Boulevard Southlake, Texas 76092 TO THE PUBLISHER: Director of Advertising Fort Worth Star-Telegram 400 West Seventh Street Fort Worth, Texas 76102 V. That the persons affixing their signature hereto on behalf of the City and the Publisher are duly authorized and empowered to execute this contract. CITY OF SOUTHLAKE, TEXAS Curtis E. Hawk City Manager 5R5 • Contract for Official Publication Fort Worth Star Telegram page three ATTEST: Sandra L. LeGrand City Secretary FORT WORTH STAR-TELEGRAM Classified Advertising Manager • d:\...\star-con\sl • Worth Star-Telegram NEWSHiTs HOME Fort -71 January 27, 1997 O _ RR3 199T Sandra L. LeGrand City Secretary • OFFICE OF CITY City of Southlake SECRETARY 667 North Carroll Avenue Southlake, TX 76092 Dear Ms. LeGrand: ' On behalf of the Star-Telegram, I submit herein our bid to publish legal notices on behalf of the City of Southlake for the period of March 1, 1997 through February 28, 1998. Legal notices will be published in the daily or Saturday editions of the full circulation Star-Telegram at the rate of$.79 per agate line, per day. Legal notices published on Sunday will be $1.30 per agate line, per day. This compares to the regular rate of$4.90 per line, per day for legal notices. Non-legal ads, or legal notices not published in the classified section will be charged at the normal published rates. • We will publish employment and other display ads in the classified section of the Star- _ Telegram at a rate of$8.04 per agate line per day. This compares to the regular rate of • $13.04 per line for Sunday employment ads. This special rate applies only if the Star- Telegram is chosen to publish legal notices for the City of Southlake. If necessary, a maximum of two affidavits of publication will be furnished to the City of Southlake upon request, at no additional charge. Additional affidavits are available for $20.00 each. Ads are to be set in agate type unless requested otherwise. We are pleased to offer you the large circulation of the Star-Telegram at this low bid. We look forward to having the opportunity to serve you as the official newspaper of record for.the City of Southlake the coming year. S Sincerely, la&ittintD. Betty Williams 410 Inside Sales Manager 400 West Seventh Street, P. O. Box 1870, Fort Worth, Texas 76101/ 817 / 390-7400 City of Southlake,Texas MFMORANDTTM February 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of Bid for Continental Boulevard Paving, Drainage and Water Improvements in Heritage Industrial Park from S.H.26 to approximately 1,000 ft. West. Background The Heritage Industrial Park,Block A, Commercial Developers "Agreement"with CRI Industrial Development,L.P. (Crow Family,Inc.,its general partner)was approved on November 19, 1996 by City Council. The"Agreement" states that the City will reimburse the developer on the following two items: 1) one-third of the total construction cost for the street and drainage facilities 2) the difference between the bid of a 12-inch water main and an 8-inch water main. . The reimbursement for oversizing the water main is a standard requirement and will be processed at the appropriate time. The information presented to City Council at the Regular City Council Meeting for November 19, .1996 stated that developer's engineers had estimated that E. Continental Blvd. paving and drainage at $553,000 and the City's one-third share at $184,333. Because the City's contribution to the project exceeded$15,000, public bids were required. Advertisement for Bids The construction of Continental Blvd., paving, drainage and water improvements were advertised on January 19 and 26, 1997. The sealed bids were publicly opened and read aloud at 10:00 a.m., February 5, 1997, in the City Council Chambers. Bid Tahulation I 1 The attached letter and bid tabulation were prepared by the design engineers, Halff Associates. Council will note that the letter from Halff Associates states three discrepancies between the opened or"as read"bids and the final"tabulated bids". Our Staff procedure is that after the public opening ill 5B-1 1 , • MEMORANDUM CURTIS E.HAWK HERITAGE IND./CONTINENTAL BLVD. FEBRUARY 14, 1997 PAGE 2 and reading of the bids,the engineer checks each bidders extension or multiplication and addition of the prices per unit bid. Sometimes the errors can be minor(i.e., $.06 or$.20)or major($20,300), as shown in the current bid analysis done by Halff Associates. As the "tabulated bid" did not alter the order of the companies or the low bid, there are no consequences to these discrepancies. Fiscal Impact _ Since the bids were lower than the engineer's estimate,the City's share of the total cost will be less: Item Eng.Est Bid City's (11-19-96) (02-05-97) 1/3 share Paving/Drainage 553,000.00 360,640.30 184,333.00 (estimate) • 120,213.43 (actual) The City's share of$120,213.43 is a component of the bond sale. Recommendation Staff recommends the City Council award the bid in the amount of$360,640.30 for the construction of E. Continental Blvd.paving and drainage from S.H. 26 west approximately 1,000 ft., and the low bid in the amount of$68,627.40 for a 12-inch water main to L.H. Lacy Company. Please place this item on the Regular City Council Agenda for February 18, 1997,for City Council's review and consideration. gi _e--ca B W/ls attachments: Halff Associates Letter dated 02-07-97 Halff Associates Bid Tabulation Exhibits D:\WP.FILES\COMMERCI\BERITAOEWWARD•B.MEM III SB-2 ®®■ • 8616 NORTHWEST PLAZA DRIVE DALLAS,TEXAS 75 5 :: Half Asociates: 39_°094 FAX (214)739-0095 1111 ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS • SURVEYORS February 7, 1997 Mr. Robert Whitehead FEB 0 7 j "l City of Southlake 667 N. Carroll Avenue DEFT Or PUBLIC WOW Southlake, Texas 76092 • Dear Mr. Whitehead, Enclosed are the Bid Tabulations for the Continental Boulevard Paving,Drainage,and Water Line project. There are some minor discrepancies between the base bid prices in the tabulations and those read in the Bid Opening on Wednesday. These discrepancies are: Company Opened Bid Tabulated Bid JRJ Paving, Inc. $437,219.62 $437,219.82 XIT Paving& Construction $444,143.41 $444,143.35 • Ed Bell Construction $478,054.00 $457,754.00 These discrepancies have no effect on the relative order of the bidding companies. Please review the tabulations and let me know if you have any questions. Sincerely, HALFF ASSOCIATES,INC. Michael M. Lesh, EIT Enclosure • cc: Andy Sitzer • 5B-3 DALLAS • FORT WORTH • HOUSTON • ARLINGTON • McALLEN • CHICAGO TRANSPORTATION • WATER RESOURCES • LAND DEVELOPMENT • MUNICIPAL • ENVIRONMENTAL • STRUCTURAL MECHANICAL • ELECTRICAL • SURVEYING • GEOGRAPHIC INFORMATION SYSTEMS ARCHITECTURE • LANDSCAPE ARCHITECTURE • PLANNING 217197. BID TABULATION • 7 , LH.Lacy Co, McMahon Auatl e&Road JRJ Paving,Inc. XIT Paving&Const Ed Boll Const Co. APAC Texaa Inc. v Paving 180.615.30 213,477.30 210.360.63 222,709.87 218,989.35 237,440.00 254,452.80 ,Otalnage 180,025.00 157,741.50 _ 217,885.00 214,509.95 225,154.00 220,314.00 225,890.00 Base Total 360,640.30 371,218.80 428,245.63 437,219.82 444,143.35 457,754.00 480,342.80 Add Alternate No.1 68,527.40 74,303.50 95,555.00 83,953.61 86,361.10 87,573.00_ 83,658.81 Complete Base Bid 120 100 110 120 120 120i 120 Complete Add Alt.No.1 30 25 30 30 30 30 30 1 it', tri BIDTAB.XLS 1 HERITAGE INDUSTRIAL PARK 217f97 BID TAB ' ON Base Bld I,Paving L.H.Lacy Co. McMahon Aue &Road JRJ Paving,Inc. XIT Paving&Conat. Ed Bell Conet.Co. A a,Inc. Item ecrlptlon Qty. Unit Unit Price Total Bld Unit Price Total Bid Unit Price Total Bid Unit Price Total Bid J Unit Price Total Bid Unit Price Total Bid Unit Price Total Bid 1 8",4000 psi Rein!.Conc.Pavement 6,709 SY 17.20 115,394.80 23.85 160,009.65 21.50 144,243.50 23.92 160,479.28 21.55 144,578.95 24.00 161,018.00 24.00 161,016.00 2 Unclassified Street Excavation 1 LS 15,000.00 15,000.00 3,500.00 3,500.00 4,400.00 4,400.00 4,100.00 4,100.00 18,000.00 18,000.00 8,800.00 8,800.00 10,900.00 10,900.00 3 Lime Stabilized Subgrade 7,088 SY 1.00 7,088.00 1.65 11,695.20 1.50 10,632.00 1.28 9,072.64 1.05 7,442.40 1.50 10,832.00 1.85 13,112.80 4 Hydrated Lime 124 TN 84.00 10,416.00 84.50 10,478.00 78.00 9,672.00 92.00 11,408.00 88.00 10,912.00 100.00 12,400.00 80.00 9,920.00 _5 Concrete Curb_ ____ _ 3,406 LF 1.00 3,406.00 1.00 3,406.00 1.00 3,406.00 1.25 4,257.50 0.50 1,703.00 1.00 3,406.00 1.00 3,406.00 6 6"PVC Conduit _746 LF 6.00 4,476.00 5.40 4,028.40 7.50 5,595.00 9.20 6,863.20 9.15 6,825.90 10.00 7,460.00 8.50 6,341.00 7 _4"PVC Conduit 145 LF 5.00 725.00 5.00 725.00 6A0 928.00 13.30 1,928.50 13.20 1,914.00 14.00 2,030.00 6.00 870.00 8 2"PVC Conduit 430 LF 4.00 1,720.00 4.25 1,827.50 5.35 2,300.50 4.44 1,909.20 4.40 1,892.00 4.00 1,720.00 4.00 1,720.00 9 Pavement Markings&Street Signage 1 LS 8,925.00 8,925.00 3,000.00 3,000.00 8,700.00 8,700.00 5,700.00 5,700.00 6,500.00 6,500.00 7,500.00 7,500.00 10,600.00 10,600.00 10 Concrete Street Header 129 LF 3.00 385.50 6.30 809.55 4.25 548.13 6.10 783.85 7.00 899.50 8.00 1,028.00 8.00 1,028.00 11 Header Connection to Existing Streets 50 LF 2.00 100.00 3.00 150.00 5.35 267.50 8.40 420.00 4.00 200.00 10.00 600.00 11.00 550.00 12 Remove Existing Banicades 1 LS 500.00 500.00' 275.00 275.00 300.00 300.00 50.00 50.00 500.00 500.00 500.00 500.00 330.00 330.00 13 8",HMAC Pavement 284 SY 21.00 5,964.00 19.50 5,538.00 22.50 6,390.00 17.80 5,055.20 19.90 5,651.60 22.00 8,248.00 26.00 7,384.00 14 Topsoil&Seeding(Parkway&Medians) 2,600 SY 0.90 2,340.00 1.85 4,810.00 1.80 4,680.00 1.50 3,900.00 2.20 5,720.00 2.00 5,200.00 4.00 10,400.00 15 Traffic Control 1 LS 550.00 550.00 100.00 100.00 1,600.00 1,600.00 600.00 600.00 1,500.00 1,500.00 2,000.00 2,000.00 5,900.00 5,900.00 17 Street Barricade 125 LF 21.00 2,625.00 13.00 1,625.00 28.00 3,500.00 22.50 2,812.50, 22.00 2,750.00 40.00 5,000.00 59.00 7,375,00 18 Construction Staking 1 LS 1,000.00 1,000.00 1,500.00 1,600.00 3,200.00 3,200.00 3,370.00 3,370.00 2,000.00 2,000.00 2,000.00 2,000.00 3,000.00 3,800,00 Base Bid-Section I,Paving 180,816.30 213,477.30 210,380.63 222,709.87 218,089.35 237,440.00 264,482.80 • • • • BIDTAB.XLS 1 t� 6, . HERITAGE INDUSTRIAL PARK 217/97' BID TAB 1 -"ION Base Bid-S on II,Drainage L.H.Lacy Co. McMahon Austin Bridge&Road JRJ Paving,Inc. XIT Paving&Conet tC Boll Const Co. APAC Texas,Inc. item Description Qty. Unit Unit Price Total Bid Unit Price Total Bid Unit Price Total Bid Unit Price Total Bid Unit Price Total Bid Unit Price Total Bid Unit Price Total Bid 1 18"Dia.,CL III Reinf.Conc.Pipe 135 LF 22.00 2,970.00 20.00 2,700.00 32.00 4,320.00 26.65 3,597.75, 26.00 3,510.00 30.00 4,050.00 28.00 3,780.00 2 21'Dia.,CL III Reinf.Conc.Pipe 64 LF 25.00 1,600.00 22.00 1,408.00 34.00 2,176.00 31.10 1,990.40, 31.00 1,984.00 35.00 2,240.00, 33.00 2,112.00 3 24-Dia.,CL III Reinf.Conc.Pipe 145 LF 28.00 4,060.00 25.00 3,625.00 39.00 5,655.00 34.40 4,988.00 34.00 4,930.00 39.00 5,655.00 38.00 5,220.00 4 30'Dia.,CL III Reinf_Conc.Pipe ___ 330 LF - 36.00' 11,880.00 35.00 11,550.00 46.00 15,180.00 44.40 14,652.00 44.00 14,520.00 50.00 16,500.00 47.00 15,510.00 5 36-Dia_,CL III Reinf.Conc.Pipe 44_LF 45.00 1,980.00 45.00 1,980.00 56.00_ 2,464.00 54.40 2,393.60 54.00 2,376.00 61.00 2,684.00 58.00 2,552.00 6 42'Dia.,CL III Reinf.Conc.Pipe 235 LF 62.00 14,570.00 57.50 13,512.50 73.00 17,155.00. 76.60 18,001.00 75.00 17,625.00 86.00 20,210.00 81.00 19,035.00 7 48"Dia.,CL III Reinf.Conc.Pipe 425-LF 72.00 30,600.00 65.00 27,625.00 85.00 36,125.00 87.70 37,272.50 86.00 , 1 36,550.00 98.00 41,650.004 93.00 39,525.00 8 66"Dia.,CL III Reinf.Conc.Pipe 185 LF 130.00 24,050.00 115.00 21,275.00 140.00 25,900.00 160.80 29,748.00 158.00 29,230.00 180.00 33,300.00 170.00 31,450.00 9 5'x 4'Reinf.Conc.Box Culvert 20 LF 114.00 2,280.00 90.00 1,800.00 180.00 3,600.00 140.00 2,800.00 138.00 2,760.00 157.00 3,140.00 150.00 3,000.00 10 T x 5'Reinf.Conc.Box Culvert 228 LF 172.00 39,216.00 152.00 34,656.00 215.00 49,020.00 211.00 48,108.00 209.00 47,852.00 237.00 54,036.00 224.00 51,072.00 11 10'Recessed Curb Inlet 4 EA 1,820.00 7,280.00 1,950.00 7,800.00 2,200.00 8,800.00 1,950.00 7,800.00 1,960.00 7,840.00 2,300.00 9,200.00 2,100.00 8,400.00 12 4'x 4'Drop Inlet 2 EA 1,508.00 3,016.00, 1,500.00 3,000.00 2,400.00 4,800.00 1,810.00 3,220.00, 1,550.00 3,100.00 1,900.00 3,800.00 1,700.00 3,400.00 13 Grouted Rodc Riprap 290 SY 63.00 18,270.00 16.00 4,640.00 42.00 12,180.00 61.00 17,690.00 80.00 23,200.00 0.00 59.00 17,110.00 14 Pipe Plug for 21'RCP 1 FA 42.00 42.00 50.00 50.00 210.00 210.00 55.50 55.50 35.00 35.00 65.00 65.00 60.00 60.00 15 Pipe Plug for 66'RCP 2 EA 130.00 260.00 200.00 400.00 305.00 610.00 168.50 333.00 125.00 250.00 200.00 400.00 90.00 180.00 16 Headwall for 36-RCP 1 EA 936.00 936.00 1,150.00, 1,150.00 1,100.00 1,100.00 1,000.00 1,000.00 50.00 50.00 1,500.00 1,500.00 1,100.00 1,100.00 . 17 Headwall for42"RCP 2 FA 1,196.00 2,392,00 1,550.00 3,300.00 1,050.00 2,100.00 1,300.00 2,600.00 70.00 140.00 1,600.00 3,200.00 1,350.00 2,700.00 18 Headwall for 48-RCP 2 EA . 1,560.00 3,120.00 2,050.00 4,100.00 1,200.00 2,400.00 1,700.00 3,400.00 2,000.00 4,000.00 2,000.00 4,000.00 1,800.00 3,600.00 19 Headwall for 5'x 4'Box Culvert 1 EA 1,820.00 1,820.00, 2,200.00 2,200.00 3,600.00 3,600.00 2,350.00 2,350.00 3,800.00 3,800.00 3,000.00 3,000.00 2,400.00 2,400.00 20. Headwall for T x 5'Box Culvert 1 EA 2,184.00 2,184.00 2,650.00 2,650.00 4,650.00 4,650.00 1,950.60 1,950.00 7,500.00 7,500.00 2,500.00 2,500.00 2,000.00 2,000.00 21 Reinforced Concrete Junction Box 1 EA . 4,680.00 4,680.00 4,500.00 • 4,560.00 5,200.00 5,200.00 4,000.00 4,000.00 10,000.00 10,000.00 5,000.00 5,000.00 4,700.00 4,700.00 22 Trench Safety 1.820 LF 1.00 1,820.00 1.00 1,820.00 2.00 3,640.00 1.11 2,020.20 1.10 2,002.00 1.20 2,184.00 1.20 2,184.00 23 Construction Staking 1 LS 1,000.00 1,000.00 2,000.03 2,000.00 . 7,000.00 7,000.00 4,640.00 4,540.00 2,100.00 2,100.00 2,000.00 2,000,00 4,800.00 4,800,00, Base Bid-Section II,Drainage 180,028.00 157,741.50 217,085.00 214,609.95 225,154.00 220,314.00 225,890,00 • BIDTAB.XLS 2 LA b7 r HERITAGE 1 DUSTRIAL PARK0 2n/97 BID TAB N • 1 . Add Alternate No.1 L.H.Lacy Co. McMahon Austin Bridge&Road JRJ Paving,Inc. XIT Paving&Contd. Ed Bell Contd.Co. APAC Texas,Inc. Item Description Qty. Unit Unit Price Total Bld Unit Price Total Bld Unit Price Total Bid Unit Price Total Bid Unit Price Total Bld Unit Price Total Bid Unit Price Total Bid - 1 12°Dia.Water Line 3,371 LF 16.30 54,947.30 17.50 58,992.50 22.00 74,162.00 20.00 67,420.00 20.00 67,420.00 20.00 67,420.00 20.00 67,420.00 2 12-Gate Valve 5 E, 915.00 4,575.00 900.00 4,500,00 1,600.00 8,000.00 1,122.00 5,610.00 1,100.00 5,500.00 1,250.00 6,250.00 1,100.00 5,500.00 3 Cast Iron Fittings 2 TN 2,808.00 4,492.80 1,800.00 2_880,00 1,800.00 2,880.00 3,446.00 5,513.60 3,300.00 5,280.00 3,800.00 6,080.00 3,400.00 5,440.00 4 Concrete Blocking 2 CY 78.00 187.20 150.00_ 360.00 30.00 192.00 95.50 229.20 95.00 228.00 105.00 252.00 95.00 228.00 5 Connect to Exist.Water 1 LS 520.00 520.00 1,200.00 _ 1,200.00 850.00 850.00 640.00 640.00 625.00 625.00 700.00 700.00 600.00 600.00 6 Test and Stabilization __ 1 LS 1,768.00 1,768.00 1,500.00 _ 1,500.00 3,100.00_ 3,100.00 2,170.00 2,170.00 2,100.00 2,100.00 2,500.00 2,500.00 2,100.00 2,100.00 7 Trench Safety 3,371 LF 0,10 337.10 1.00 3,371.00 1.00 3,371,00 0.11 370.81 1.10 3,708.10 1.00 3,371.00 0.11 370,81 8 Construction Staking 1 LS 1,700.00 1,700.00 1,500.00 1,500,00 3,000.00 3,000.00 2,000.00 2,000.00 1,600,00 1,600.00 1,000,00 1,000.00 2,009.00 2,000.00 Add Alternate No.1 68,527.40 74,303.50 95,655.00 83,053.61 80,901,10 57,573,00 03,656,61 • • t/r Cd J • • BIDTA8.XLS 3 HERITAGE INDUSTRIAL PARK 2/7/97 BID TABU MN • IP I Add Altemate o.2 LH.Lacy Co. McMahon Austin Bridge&Road JRJ Paving,Inc. XIT Paving&Contd. Ed Bell Contd.Co. APAC Texas,Inc. Item Description Qty. Unit Unit Price Total Bid Unit Price Total Bid Unit Price Total Bid Unit Price Total Bld Unit Price Total Bld Unit Price Total Bid Unit Price Total Bid 1 Cement Stabilized Subgrade 7,088 SY 1.00 7,088.00 1.75 12,404.00 1.50 10,632.00 1,28 9,072.64 1.40 9,923.20 1.50 10,632.00 1.85 13,112.80 2 Cement 152 TN 85.00 12,920.00 100.00 15,200.00 86.00 13,072.00 91.00 13,832.00 86.00 13,072.00 100.00 15,200.00 98.00 14,896.00 3 Lime Stabilized Subgrade(Deduct) -7,088 SY 1.00 -7,088.00 1.65 -11,695.20 1.50 -10,632.00 1.28 -9,072.64 1.05 -7,442.40 1.50 -10,632.00 1.85 -13,112.80 4 Hydrated Lime(Deduct) -124 TN 84.00 -10,418.00 84.50 -10,478.00 78.00 -9,672.00 92.00 -11,408.00 88.00 -10,912.00 100.00 -12,400.00 80.00 -9,920.00 Add Alternate No.2 2,504.00 5,430.80 3,400.00 2,424.00 4,840.80 2,800.00 4,976.00 LA ed 00 BIDTAB.XLS 4 ncru I PA=iNIJUb I RIAL PAKK 2/7/97 COMPLETI N TIME SUMMARY L.H.Lacy Co. McMahon Austin Bridge& JRJ Paving,Inc. XIT Paving&Const. Ed Bell Const.Co. AP C Texas,Inc. Complete Base Bid 120 100 110 120 120 120 120 Complete Add Alt.No.1 30 25 30 30 30 30 30 '0 • • • • • TIMESUM.XLS 1 • • . . . .. . . .••.. • • • ¢ City of Southlake,Texas MEMORANDUM February 11, 1997 TO: Ron Harper, Deputy Director of Public Works FROM: Rusty Daniels, Sergeant Police Services SUBJECT: TEXAS MOTOR SPEEDWAY SCHEDULE Here is the Texas Motor Speedway's major event schedule for 1997. I have also include the tracks estimated attendance figure for those events: April 03, 1997 NASCAR Pole Race Estimated Attendance 80,000 April 04, 1997 NASCAR Practice Day Estimated Attendance 20,000 April 05, 1997 Busch Race Estimated Attendance 120,000 April 06, 1997 NASCAR Race Estimated Attendance 180,000 June 04, 1997 Indy Car/NASCAR Truck Estimated Attendance 80,000 Qualifying • June 05, 1997 Indy Car/NASCAR Truck Estimated Attendance 80,000 Qualifying June 06, 1997 NASCAR Truck Race Estimated Attendance 120,000 (night race) June 07, 1997 Indy Car Race Estimated Attendance 180,000 (night race) June 14, 1997 Country Music Fest • Estimated Attendance 200,000 The following have not been announce to the public as if yet: June 21, 1997 Rock Fest Estimated Attendance 200,000 November Rolling Stones Concert Estimated Attendance 200,000 If you have any questions contact me at extension 838. RD/rd ® Billy Campbell, Director of Public Safety Gary Gregg, Director of Police Services 5- E-3 City of Southlake,Texas MEMORANDUM . February 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Resolution No. 97-13, Relating to the "Southlake Parks Development Corporation Refunding and Improvement Sales Tax Revenue Bonds, Series 1997". The Southlake Parks Development Corporation will hold a public hearing on February 18 at 6:00 p.m. to discuss the park projects to be funded through the sale of sales tax revenue bonds. Also at their meeting, the Board will consider a resolution to approve the refunding of the current outstanding sales tax revenue bonds and issuance of the $8.97 million 1997 bonds. Of the $8.97 million, approximately $5 million will be available for new projects. The Board is in the process of prioritizing the parks projects through review of a three year plan and budget, with their next meeting scheduled for February 17. IIIIn order for the sales tax revenue bonds to be issued, the City Council must consider a resolution that approves the SPDC's resolution to issue the bonds. This is required under Section 4B of the Development Corporation Act of 1979. Resolution 97-13 also includes a financing/use agreement with the SPDC, in which the Board authorizes the.City to construct projects and to invest and disburse funds. Please place Resolution No. 97-13 on the agenda for the City Council to consider at their February 18 meeting. LAH RESOLUTION NO. 97-13 • A RESOLUTION by the City Council of the City of Southlake, Texas, relating to the "Southlake Parks Development Corporation Refunding and Improvement Sales Tax Revenue Bonds, Series 1997" ; approving (i) the resolution of the Southlake Parks • Development Corporation authorizing the issuance of such Bonds and (ii) the execution, on behalf of the City, of the Financing/Use Agreement relating to such financing by the economic development corporation; resolving other matters incident and related to the issuance of such Bonds; and providing an effective date. WHEREAS, Southlake Parks Development Corporation (the "Issuer") was created by the City of Southlake, Texas (the "City") , pursuant to the provisions of Section 4B of the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended (the "Act") ; and WHEREAS, the Issuer is empowered to issue bonds (i) for the purpose of defraying the cost of any "project" defined as such by the Act and (ii) for the purpose of refunding any outstanding bonds of the Issuer; -and • WHEREAS, the Act defines "project" to include land, buildings, _ equipment, facilities, and improvements found by the Board of Directors of the Issuer to be required or suitable for use for sports and entertainment and public park purposes or promote or develop new and expanded business enterprises; and . WHEREAS, the Issuer has determined to finance on behalf of the City the costs of purchasing land and making improvements thereto for neighborhood parks and making additional improvements to existing park land, including related road and streets improvements that enhance such park facilities (the "Project") and further - determined that all the Issuer's outstanding bonds (hereinafter called the "Refunded Obligations") should be refunded; and WHEREAS, Section 25(f) of the Act requires the City Council of the City approve the resolution of the Issuer providing for the issuance of the Bonds no more than sixty (60) days prior..to the delivery of the Bonds; now, therefore, BE IT RESOLVED BY THE .CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1: The Resolution authorizing the issuance of "Southlake Parks Development Corporation Refunding and Improvement Sales Tax Revenue Bonds, Series 1997" , adopted by the Issuer (the • 0401796 , • "Issuer Resolution") on February 18, 1997 and submitted to the City Council this day, is hereby approved in all respects. The Bonds are being issued to (i) refund certain outstanding bonds of the Issuer and (ii) finance the construction of the Project, which will be located within the City of Southlake and the City agrees that upon receipt of the proceeds of sale of the Bonds from the Issuer, the City will construct the Project and thereafter be fully responsible for the upkeep, maintenance and use of the Project. Section 2 : The approvals herein given are in accordance with Section 25 (f) of the Act and the Issuer's bylaws, and the Bonds shall never be construed an indebtedness or pledge of the City, or the State of Texas (the "State") , within the meaning of any constitutional or statutory provision, and the owner of the Bonds shall never be paid in whole or in part out of..any funds raised or to be raised by taxation (other than sales tax proceeds as authorized pursuant to Section 4B of the Act) or any other revenues of the Issuer, the City, or the State, except those revenues assigned and pledged by the Issuer Resolution. Section 3 : The City hereby agrees to promptly collect and remit to the Issuer the Gross Sales Tax Revenues (as defined in the Issuer Resolution) in accordance with the terms of the Issuer Resolution and the Act to provide for the prompt payment of the Bonds, and to assist and cooperate with the Issuer in the 0 enforcement and collection of sales and use taxes imposed on behalf of the Issuer. Section 4: The Financing/Use Agreement by and between the City and the Issuer in relation to the Project, attached hereto as Exhibit A and incorporated by reference as a • part of this resolution for all purposes, with respect to the obligations of the City and Issuer during the time the Bonds are outstanding, is hereby approved as to form and substance and the Mayor and the City Secretary are hereby authorized to execute and deliver such agreement for and on behalf of the City and as the act and deed of this City Council. Furthermore, the Mayor and the City Secretary and the other officers of the City are hereby authorized, individually or jointly, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. • • 0401796 - -2- 1,Y4kr 3 4111 Section 5: The City hereby acknowledges and recognizes that the Bonds are being issued as tax exempt obligations under and pursuant to section 103 (a) of the Code (as defined below) and a portion of the proceeds of sale of such Bonds are to be deposited with the City following their receipt by the Issuer and the City shall have full control and responsibility with respect to the construction of the Project and the investment and disbursement of the proceeds of sale of the Bonds issued to finance the Project. The proceeds of sale of the Bonds issued to refund the Refunded Obligations will be deposited into an escrow fund and disbursed to pay such indebtedness in accordance with a Special Escrow Agreement between the Issuer and Texas Commerce Bank National Association, Dallas, Texas. Therefore, as .a result of the foregoing, the City hereby makes the following representations and warranties to the Issuer: (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Bonds 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 Bonds. "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 Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. . "Rebate Amount" has the meaning set forth in Section 1. 148-1(b) of the Regulations. le 0401796 -3- • • "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 Bonds. Any reference to any specific 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 ,Bonds 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 Bond 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 Bond, the City shall comply with each of the specific covenants in this Section. (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 Bonds: (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 Bonds (including property financed with Gross Proceeds of the Refunded Obligations) , 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 III 0401796 -4- • 4111 (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 Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded Obligations) , 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 Bonds 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 4111 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 final Stated Maturity of the Bonds 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 Bonds. (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 Bonds to be federally guaranteed within the meaning of section 149 (b) of the Code and the Regulations and rulings thereunder. (g) Payment of Rebatable Arbitrage. Except to the extent otherwise provided in section 148 (f) of the Code and the Regulations and rulings thereunder: 4110 0401796 45- IIIO (1) The City shall account for all Gross Proceeds (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 Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds 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 Bonds until six years after the final Computation Date. (3)_ As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase 4111 by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall remit to the Issuer for payment to the United States the amount described in paragraph (3) above and the amount described in paragraph (4) below, at the times, in the manner and accompanied by - such forms or other . 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 paragraph (2) , and if 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 the amount remitted to the Issuer for 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. (h) Qualified Advance Refunding. The Bonds are ,issued exclusively to refund the Refunded Obligations, and the Bonds will • 0401796 45- 411 be issued more than 90 days before the redemption of the Refunded Obligations. The City represents as follows: ( 1) The Bonds are the first advance refunding of the Refunded Obligations, within the meaning of section 149 (d) (3) of the Code. The Bonds are a current refunding of the Series 1994 Refunded Obligations, dated November 15, 1994, as payment for such Refunded Obligations will occur within ninety (90) days after the issuance of the Bonds. (2) The Refunded Obligations are being called for redemption, and will be redeemed not later than the earliest date on which such bonds may be redeemed. (3) The initial temporary period under section 148 (c) of the Code will end: (i) with respect to the proceeds of the Bonds not later than 30 days after the date of issue of such Bonds; and (ii) with respect to proceeds of the Refunded Obligations on the Closing Date if not ended prior thereto. (4) On and after the date of issue of the Bonds, no proceeds of the Refunded Obligations will be invested in Nonpurpose Investments having a Yield in excess of , the Yield on such Refunded Obligations. • (5) The Bonds are being issued for the ur oses P P stated in the preamble of this Resolution. There is a present value savings associated with the refunding. In the issuance of the Bonds the City has neither: (i) overburdened the tax-exempt bond market by issuing more bonds, issuing bonds earlier or allowing bonds to remain outstanding longer than reasonably necessary to accomplish the governmental purposes for which the Bonds were issued; (ii) employed on "abusive arbitrage device" within the meaning of Section 1. 148-10 (a) of the Regulations; nor (iii) employed a "device" to obtain a material financial advantage based on arbitrage, within the meaning of section 149 (d) (4) of the Code, apart from savings attributable to lower interest rates and reduced debt service payments in early years. Section 6: 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. • 0401796 -7- SSection 7 : This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND ADOPTED, this February 18, 1997 . CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (City Seal) 6 0401796 -8 • EXHIBIT A 4111 FINANCING/USE AGREEMENT ' This Financing/Use Agreement (this "Agreement' ) is made to be effective as of the 18th day of February, 1997, by and between the City of Southlake, Texas, a duly incorporated and existing municipal corporation and political subdivision of the State of Texas (the "City") and the Southlake Parks Development Corporation, a non-profit industrial development corporation organized and existing under the laws of the State of Texas, including Vernon's Ann. Civ. St. , Section 4B of Article 5190. 6, (the "Corporation") RECITALS WHEREAS, the Corporation on behalf of the City is to finance the purchase of land and making improvements thereto- for neighborhood parks and making additional improvements to existing park land, including related road and streets improvements that enhance such park facilities (collectively, the "Project") ; and WHEREAS, such financing contemplates the issuance and sale of the Corporation's tax exempt bonds in the principal amount of $ ; and a portion of the proceeds of sale are to be used by the City to design and construct the Project and the • balance of such proceeds are to be used to refund the Corporation's outstanding indebtedness (hereinafter referred to as the "Refunded Obligations") ; and WHEREAS, the City will have full responsibility for the design and construction of the Project and- the Corporation shall have no duties or responsibilities with respect to the Project other than to provide for the financing of its costs; ' AGREEMENT 1. Financing of Project: For and in consideration of the City's covenants and agreements herein contained and subject to the terms contained herein, the Corporation hereby agrees to issue a series of obligations to' be known as "Southlake Parks Development Corporation Refunding and Improvement Sales Tax Revenue Bonds, Series 1997" , hereinafter called the "Bonds" , and deposit proceeds of sale of the Bonds in the sum of $ to the credit of a construction fund or account designated by the City, and the City hereby agrees and covenants that the proceeds of sale deposited to the credit of such construction account shall be used solely to pay the costs of the Project. 411, ' , , 0401810 . . . 4111 2 . Use of Proiect. Until all the Bonds have been fully paid, discharged and retired, the upkeep and maintenance of the Project will be the responsibility of the City and the Corporation shall have no responsibility with respect to the operation, upkeep and maintenance of the Project. 3 . Recognition of Tax Exempt Financing. The City hereby acknowledges and recognizes that the Bonds are being issued as "state or local bonds" under and pursuant to section 103 (a) of the Internal Revenue Code of 1986, as amended, and the City hereby covenants and agrees with respect to the use of proceeds of sale of the Bonds and the use of the Project as follows: (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Bonds 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 Bonds. "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 Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. "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 Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary 0 0401810 -2- EXHIBIT A 1 4111 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 Bonds 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 Bond to become includable in the gross income, as defined in sect-ion 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 Bond, the City shall comply with each of the specific covenants in this Section. (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 Bonds: (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 Bonds (including . property financed with Gross Proceeds of the Refunded Obligations) , 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 Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded O 0401810 -3- _ • Obligations) , other than taxes of general application 4111 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 Bonds 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 410 final Stated Maturity of the Bonds 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 Bonds. (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 Bonds to be federally guaranteed within the meaning of_ section 14.9 (b) of the Code and the Regulations and .- rulings thereunder. (g) Payment of Rebatable Arbitrage. Except to the extent otherwise provided in section 148 (f)' of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (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 Bond is discharged. However, to the • '4" 0401810 EXHIBIT A 1111 extent permitted by law, the City may commingle Gross Proceeds of the Bonds 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 Bonds until six years after the final Computation Date. (3) As additional consideration for .the purchase of the Bonds by the Purchasers and the use of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall remit to the Corporation for payment to the United States the amount described in paragraph (g) (2) above and the amount described in paragraph (g) (4) below, at the times, in the manner and accompanied by such forms or other information as is or may be required by Section 148 (f) of the Code and the Regulations and rulings thereunder. 4111 (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraph (g) (2) , and if 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 the amount remitted to the Corporation for 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. ' (h) Qualified Advance Refunding. The Bonds are issued exclusively to refund the Refunded Obligations, and the Bonds will be issued more than 90 days before the redemption of the Refunded Obligations. The Corporation and the City represent as follows: (1) The Bonds are the first advance refunding of the Refunded Obligations, within the meaning of section 149 (d) (3) of- the 'Code. The Bonds are a current refunding of the Series 1994 Refunded Obligations, dated November 15, 1994, as payment for such Refunded Obligations will • 0401810 -FJ- EXHIBIT A occur within ninety (90) days after the issuance of the Bonds. (2) The Refunded Obligations are being' called for redemption, and will be redeemed not later than the earliest date on which such bonds may be redeemed. (3) The initial temporary period under section 148 (c) of the Code will end: (i) with respect to the proceeds of the Bonds not later than 30 days after the date of issue of such Bonds; and (ii) with respect to proceeds of the Refunded Obligations on the Closing Date if not ended prior thereto. (4) On and after the date of issue of the Bonds, no proceeds of the Refunded Obligations-will be invested in Nonpurpose Investments having a Yield in excess of the Yield on such Refunded Obligations. (5) The Bonds are being issued for the purposes stated in the preamble of the bond resolution adopted by the Board of Directors of the Corporation. There is a present value savings associated with the refunding. In the issuance of the Bonds the Corporation or the City has neither: -(i) overburdened the tax-exempt bond market by issuing more bonds, issuing bonds earlier or allowing 4111 bonds to remain outstanding longer than reasonably necessary to accomplish the governmental purposes for which the Bonds were issued; (ii) employed on "abusive arbitrage device" within the meaning of Section 1. 148- 10 (a) of the Regulations; nor (iii) employed a "device" to obtain a material financial advantage based on arbitrage, within the meaning of section 149 (d) (4) of the Code,, apart from savings attributable to lower interest rates and reduced debt service payments in early years. 4 . Receipt and Transfer of Proceeds of Sales Tax. The City agrees, in cooperation with the Corporation, to take such actions as are required to cause the "Gross Sales Tax Revenues" (as such term is defined in the resolution authorizing the issuance of the Bonds) received from the Comptroller of Public Accounts of the State of Texas for and on behalf of the Corporation to be transferred and deposited immediately upon receipt by the•City to the credit of the banking or monetary fund maintained at the depository designated by the Corporation and known on the books and records of the Corporation as the "Pledged Revenue Fund" . 5. Modifications. This Agreement shall not be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge this Agreement in whole or in part • -c- 0401d10 V 's, #-°l i ,aT A illunless such executory agreement is in writing and is signed by the parties against whom enforcement of any waiver, change, modification or discharge is sought. 6. Entire Agreement. This Agreement,, including the Exhibits, contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings between the parties pertaining to such subject matter. 7. Counterparts. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute the same agreement. It shall be necessary to account for only one such counterpart in proving this Agreement. 8. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect. '. 9. Applicable Law. This Agreement shall in all respects be governed by, and construed in accordance with, the substantive federal laws of the United States and the laws of the State of Texas. 10. Captions. The section headings appearing in this S Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection hereof. O 0401810 -7- EXHIBIT A IN WITNESS WHEREOF, the parties hereto have executed this IIIAgreement to be effective as of the date and year first above written. SOUTHLAKE PARKS DEVELOPMENT CORPORATION ATTEST: President, -Board of Directors . Secretary, Board of Directors - (Corporation Seal) CITY OF SOUTELAKE, TEXAS ATTEST: Mayor 1111 City Secretary (City Seal) • 41/0 , 0401810 -8- - EXHIBIT A City of Southiake,Texas STAFF REPORT February 14, 1997 CASE NO: ZA 96-71 PROJECT: Resolution 96-51 / Specific Use Permit Outside Storage / Great Outdoor Landscape STAFF CONTACT: Dennis Killough, Planner I, 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 commercial 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) _ _ S 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, 7M1 City of Southlake,Texas 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 Commission meeting. January 21, 1997; Approved (6-0) applicant's request to table until the February 4, 1997 City Council meeting. February 4, 1997; (3-3) vote, resulting in no action due to Charter provision requiring four (4) affirmative votes to pass a request. Motion was to approve the request, subject to Plan Review Summary No. 3 dated January 17, 1997 with the following recommendations: applicant would be restricted from placing any type of structure, storage or any other material of any kind into the landscaped area as shown; the sand and gravel as shown on the west side of the property be relocated to the east side of the property; the applicant will engage in reasonable dust abatement; that there will be no outside vehicle storage on the property; that it will be incumbent upon the applicant to. maintain the drainage characteristics of the landscaped area and the buffer area on the property; that if the applicant receives two or more code violations • • for drainage violations within a one year period, that will result in an automatic review of the SUP; if the applicant receives three or more other violations such as height of material within a one year period of time, that will result in review of the SUP; and that the • SUP granted to this applicant is for these uses shown and cannot be expanded. 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\96-071 SU.WPD 7A-2 221,14 A00�1174 3 r 3D -. 3D2IC IIII w1 4 -•� -1 ....7.:. '''''' , IuuuII :a .l ?t 12.09 Ac 4 , ' r.:.. ,. , 6-re 8 I�III1 . ` �:�..:z: S , v 136 w< 4turij __ IVB� P h i 1 1 f i \ 1 i l i i i ! i i i i 2D AC \� i �.--1 1 I 1 I I I I S S ` I ���....���1 �i a 3 ss 1�a 50.21 Ac •:1 -1�•' i 1 1 i i 7 i ) I i� l 4- ;' ff S _ 6c .4At ( i A• ' 1 • ~ ���� a. f 4M i j / V L. Y 2 ! ace 6Ki 1 i t i 3[ I • ,A3 I G" 20 Ac / 1aSA1 m' 1 1 383 3 • Y Y: n 1 1 1 F 4c 48 � A T 4 C if; 3 M615 A-OW W • M RANDOM sT i --2A 282CIiiii. 4 t MIA W :'', • ,(,�. 1 115,..... A 1 6i 'k �NW . El �� 1 1 i 1 1 � G I ,A2 �' 663 6S 681 � . .^�• � 04 wit i� • v 6c 60 6e BVS�� x �;t1-['R Dal �'`"�a`: 6� . ,D A< . = PARK N . ;: M . 1 BE 1 • Ni i i 1 1 1 i i \ ` . 242 1 1 1 . l fa EAST cowm+a TAL BL `' 1 -----��p Ma la::surer- • IB1A I , LI,r"'. " amlial I1 ,•.:•4 1 ! i �. apt. 1I 63Ac1 `°" ' .c =0 [}n:m tm 15.6 Ac rsN,. • "i -- 1D I :ir;aka` *a • 711 +1,.sou IBS :tee ® . N ! 'l-- v� 1 g 11114 ,8,11 .,El ce` ,.. - : f i1••1�510• •• • 1F 1I 44.66 At 1011u �1 :: ram • AY ! 1 AC 31.61 Ac lea "i s '� lean •* Iex .LSfIN�J8 V17!Utr:Tit' j �® 531 Ac • �.� t REM n I ! - 1J �[ 183 • IBIS •.3 -4 G0 ` . o AiaN R 7 T �� 'A - - 4�RI�®hfl 'DECKER ,s w< 1 • 1 Nr .1 \ 0 2KI/ 2n �/ _ 2c j A-f>1! MlJ1Ap V� 3o Ac 5 V P. , Z -BAN 4B, �LA� fA 1D 3 SLIMY A-191 \� � 1'AL i L�� �. 28.68 Ac 17.16 Ac !WV 1 1 % - • O 4 I III 8��M L 4F �\ R. DAVENPORT ' 1 5A SGNOO A2A 57.IfiEY 4-4J2 ••^ �. _ 5A1 .: �j C HE_ I CON: I TRACT MAP 1601—E. I (817) 548 � .7044, • itE ,I..-..:„,„.x_ :.r:..1;: . vs tit 7A-3 ,1..s, :ti: .t� 1 • — .— — — — — — CONTTNEM-AU-BI .1 TR 2A TR 2A2 ` .28 AC .22 AC m 0) a) TR 2A1 W .5 AC J Y . c "I1 " TR 1A 1 fA 17 AC VI'. r S. Hayes 21°9° �-, 2 vCo ,�, n, . r_ :.9 bigso9 1 � � . „ ca _No 5 2 ® 400 ./ Y U "- „l1 p. . "Ii" 11111/ ` F.. 11 { J. Hart 2 J. Mors,.. J. Hart 4 • HART CT . U M11 " Is 1 Q 3 = J. Hart Ail 10 J C. Fletcher J_ Hart •44.66 AC { a CD 4,1 TR 2E1 ;TR 2E2 .5 2 AC �AC 4 - N. �. � vv TR':1A� ": 7 an Q 31.61'�AC6. ADJAcE�1T OWNERS ll \1\. \\\ \ . AND ZONING TR 1 III 4.66, AC Spin #7 Darrell FaglieRepresentative 7A-4 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY •Case 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 r Bedford, Texas 76021 Bedford, Texas 76021 Phone : (817) 283-1749 Phone : (817) 545-1967 Fax : (817) 685-0388 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. ...i:.::i`ii.,:rri.::i.:;;;�i<i•�ii•:::.�:::::r:...:::::::::.�r.::::::::.::::.r.::r,.::::::::...v-.,,:,..::::.....:.:............................ .......... .... .... .4..::::r.�4.:::::i•::. ♦........r..n.....^.�.:...:.......:................ w:n•.v..::::w.•• ::v.•::::n..i•• r.r..,.r;;.,n::._.�:^::n�::.::::::n..x:..;:;r.:::;;.;.n..v... ,, v.::�:,ir: _ .n..........• .r..::::::::. ..:::::::::::::n ry ..w.w::rr:.:�.:::...:................n.......ti•:::m......... 7.4%:`:•ri:".:•:::,C 4:iSC::iii:i:'C•:.r•;S:i 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 • 7A-5 City of Southlake,Texas . • 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 0 , , 7A-6 \, •• • • • • ADJACENT PROPERTY - • OWNER.SANDRA YCKAY $ VOL 7011 PG:175{ ZONED:I-t • LU,D.:MIXED USED _ • N Old 20'27'ISl0 150.00* I.A 40SCAPE BUTTER • ' Typo 0 o fy t::� 0 d :x::, /oil:::•.::.••:.:: / SYMBOL LEGEND q o'� •� ;/ %}'+ W PG Ian LANDSCAPE BUSTER '`4'f •J� / /i//ifJii" /�ii• ./..//ii���•r '{; „NDSGAPE DUFFER w 10'-0-.TYPE l'1- I .; ���/j�j�����I�����////��///j�i: n 10•-0•.TYPE YI-. ... w co M G 1. • ...s sr N{'S I itill...... � ➢� . �� .. :i:ti+'F REQ•0 BUFFER YARD AREA i•Li CO • ,p, e'WOOD STOCKADE FENCE :; °"""'a` 5 ya r p e'WOOD STOCKADE FENCE j� LANDSCAPE AREA I ::`f Gf 9 • a m rtuffl ?; • ADJACENT PROPERTY I fit° BOTADS nU= ADJACENT PROPERTY ' HART IND2/DUUSTRRIAL PARE I ':{I I�--..a A..�a.gc , i IZI�::.oi• � LOT /HART A .am YORSE ILJI0.1 • (7' YORSE CONSTRUCTION INC. I 20',.::;t,'i AWLS R�Rn GUN BAR CIY CITY,TEXAS •> SOUTHLUCE,TEXAS • •F.a noun • :' *a 75147 SY • i 70002 I ••:M ,�; .. ""' - �^^• ZONED:I-1 _ U N 74.02 •a 1 ZONED:I-3 +I,' :• cmRvxs irouu ua. •: ! LU.D.:NIXED USE f/] .-/O LU.D.:MD�D USE I .;:f .F amp +a co .MMIY C::{{•isi CO $ :r< r //�Clr :•�>`► HART g�INDUSTRIAL PARE Tn In EEXIsTuiG�z00NUJ6 I-1 E ! U oa CO ;re • PROPOSED ZONING:I-1 :;i?:. `1%7 {::;�o DIMING LU.D:MIXED USE .�p 1 N LOT 3 BLOCK A ::{y� PROPOSED LU.D.:YDIED USE p py[R F GREAT OU000005 LANDSCAPE L z NO EIUST'0 TREE COVER k ]0 o •e,T - 0760 SQ.FT. '�,rvr co • e •;{• r • ONE LEVEL {;}:•} NO EXIST0J0 DRIVEWAY EAST OF PROPERTY, p e00 SQ./T.I3 OMCE SPACE V:on0 }, TIE MJNIYUY SPACING BETWEEN DRIVEWAY CENTERLINES __.--.-..__ _a.,w.�u wnJ p G4... z .3• �' •5 MUST BE 100'.CURB RADDI CANNOT EXTEND BEYOND `,.� THE SIDE.LOT LINES. • I mE/`m Ler.m• E. 0 r :. may. J•�,:�::�:��/J%/. ---- THE PROPERTY TO THE WEST IN FRONT IS All.CONCRETE. ti CONCRETE ,` -� PAYING §E✓ CONCRETE'f:; ��•�-:-i �{: I" �._._- PAVING N;N:T_'� • ,1„�w" , �' 'N I • x Boa zo{e a w200.02 E BUFEEA VICINITY MAP Jt`1�l l0'-0-,TYPE-B- a NOT TO SCALE p HART.STREET �_ • DO'R.O.W. Y o CONCEPT PLAN ^ � 6 • ra a • H�AJRACENTT INDUSTRIAL PARK 6,I o g o N LI17 3.4.5/BLOCK B J _ y� 240 ARBER DRIVE t7 GUN BARREL!.CITY.TEXAS NORTH � fl 761{7 ; ZONED:1-1 • Ij i i H �I„ LU.R.:NIXED UDR RESOLUTION NO. 96-51 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR OUTSIDE"STORAGE ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT ";3`,,:-HART'"INDUSTRIAI: 7PAR_K, AND BEING APPROXIMATELY 0:998 rc 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{oufsidestorage has been requested by a person or corporation having a proprietary interest in the property zoned as s'I-1 "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. • 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:§forage .on the property legally described as Lot ;Ixidustni 1 Par_k•and being.approximately 0 998�;acres; 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. 2. 3. 4. • 5. L:\WP-FILES\RES-ORD\96-051.OUT 7A-8. Resolution No. 96-51 Page 2 4110 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\96-051.OUT 7A-9 im; l"'' City of Southlake,Texas 0 MEMORANDUM February 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Award of Bid for Self Contained Breathing Apparatus for the Department of Public Safety, Fire Services Division. The Fire Services 1996-1997 Budget contained the replacement of all Self Contained Breathing Apparatus: Attached is a memo from Deputy Director Garland Wilson on the results of the Bid Opening and our recommendation. The bid specifications included 20 complete Self Contained Breathing Apparatus units to include masks,bottles and ancillary issue. We also specified 20 extra air bottles and spare face masks. These will be utilized by our paid Firefighters, Firefighter Reserves, and Public Safety Officers. The Hoyt breathing products meet all specifications,including multi fit face masks and integrated PASS devices. The multi fit mask is important because it provides masks that will fit several facial contours. The integrated PASS device, or Personal Alert Safety System, is an alarm that activates S if a Firefighter is motionless for more than 30 seconds and allows for the rescue of a fallen Firefighter. After a review of all specifications,we recommend the purchase of the Hoyt breathing products. I am available for any questions or comments. G BC/bls ;. • 5-c.- 1 City of Southlake,Texas 411 MLMORANDUM February 11, 1997 TO: Billy/Campbell, Director, DPS From: Garland Wilson, Deputy Director, Fire Services Subject: Self Contained Breathing Apparatus Purchase The following bids were opened on February 4, 1997 at 11:00 am in the council chambers. National Drager $ 51,535.00 • Casco $ 52,900.00 • Hoyt Breathing Apparatus $ 58,344.00 National Rentals No Bid Tex-Star Fire Services Incomplete bid The bids were reviewed for specifications and compliance with advertisement. After review of the bids Hoyt Breathing Products submitted the only bid meeting specifications as advertised. It is my recommendation that we award Hoyt Breathing Products the bid. I am available for questions or comments. Gw/gw Nv s - C- a City of Southlake,Texas • MEMORANDUM February 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 97-14, Authorizing the Mayor to execute a Renewal Agreement for Mass Care Shelter with the American Red Cross. Resolution No. 97-14 allows for a renewal agreement between the City of Southlake and the American Red Cross to insure understanding and agreement on interpretation and implementation of disaster relief responsibility, as well as providing for mass care shelters within the City of Southlake. The American Red Cross is mandated through Federal legislation to provide disaster relief to victims and emergency workers. This was reaffirmed in the State of Texas Disaster Relief Law in 1975. The City of Southlake is currently provided with this service as agreed upon since March, 1990. If additional information is needed, please contact me. I will contact the Emergency Services 0 Dir:ctor of the American Red Cross for additional information. LI 1.4.A.A0 sl City of Southlake,Texas • RESOLUTION NO. 97-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE AMERICAN RED CROSS TARRANT COUNTY CHAPTER, TO INSURE UNDERSTANDING AND . AGREEMENT OF INTERPRETATION AND IMPLEMENTATION OF DISASTER RELIEF RESPONSIBILITY; PROVIDING FOR MASS CARE SHELTERS WITHIN THE CITY OF SOUTHLAKE; PROVIDING . AN EFFECTIVE DATE. WHEREAS, pursuant to the terms of federal statutes,the Red Cross provides emergency services on behalf of individuals and families who are victims of disaster; and, WHEREAS, the Red Cross services to the City include, shelters, individual family assistance, and response to single family fires; and, WHEREAS, the Mass Care Shelter Agreement allows the Red Cross to work with Southlake in an effort to shelter and provide family assistance to citizens in city owned predesignated buildings; now, • THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The City Council hereby authorizes the Mayor to enter into an agreement between the City of Southlake and the American Red Cross, Tarrant County Chapter, to insure understanding and implementation of disaster relief responsibility, in for form attached hereto as Exhibit "A". Section 2. The City Council hereby authorizes the Mayor to execute a Mass Care Shelter Agreement between the City of Southlake and the Red Cross, Tarrant County Chapter for use of city owned facilities as physical facilities within the City of Southlake. Section 3. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS THE 18TH DAY OF FEBRUARY, 1997. CITY OF SOUTHLAKE, TEXAS BY: Mayor Rick Stacy ATTEST: Sandra L. LeGrand, City Secretary • • MASS. CARE SHELTER AGREEMENT"—"" " - • THIS AGREEMENT IS MADE AND ENTERED INTO BETWEEN THE GOVERNING BOARD OF CITY OF snrrTl-rrAKF OF TARRANT COUNTY, STATE OF TEXAS AND THE TARRANT COUNTY CHAPTER OF THE AMERICAN RED CROSS. RECITALS: Pursuant to the terms of federal statutes, the Red Cross provides emergency services in behalf of individuals and families who are victims of disaster. MAYOR is authorized to permit the Red Cross to use City owned facilities 's buildings, grounds and equipment for mass care shelters required in the conduct of Red Cross Disaster Services activities and wishes to cooperate with the Red Cross for such purposes. The parties hereto mutually desire to reach an understanding that will result in making the aforesaid facilities of cnuTpLAKE available to the Red Cross for the aforesaid use. Now, therefore, it is mutually agreed between the parties as follows: 1. MAYOR RICK STACY agrees that, after meeting its responsibilities to pupils/parishioners/members/clients, it will permit,,to the extent of its ability and upon request by the Red Cross, the use of its physical facilities by the Red Cross as mass care shelters for the victims of disastersand peacetime radiological emergencies/nuclear accidents. 2. The American Red Cross agrees that it shall exercise reasonable care in the conduct of its activities in such facilities and further agrees to replace or reimburse CITY OF SOUTHLAKE for any foods or supplies that may be used by the Red Cross in the conduct of its relief activities in said mass care shelters. In witness thereof, the governing board of the CITY OF SOUTHLAKE has caused this agreement to be executed by the President of its governing board, and the American Red Cross has caused this agreement to be executed by the Tarrant County Chapter, said agreement to become effective and operative upon the fixing of the last signature hereto. Signatures to Agreement - Disaster Director/Chairman MAYOR RICK STACY American Red Cross Chapter School District/Church/Other 41P FEBRUARY 18 1 947 Date Date . r LS if111"0, ' 7897 American Red Cross OFFICE SEMTARYrr R ALIT COUNTY EMERGENCY SERVICES 1515 S, SYLVANIA FORT WORTH, TX 76111 January 23, 1997 To Whom It May Concern: The America_ n Red Cross is a humanitarian organization led by volunteers which provides relief to victims of disaster and helps people to plan, prepare for and respond to emergencies. It does this in accordance with its congressional mandate. While the American Red Cross is congressionally mandated to provide disaster relief, it receives no governmental funding. Funding is received through the United Way and through the generous gifts of time and money from the American people. In order to be prepared to respond to the emergencies needs of the citizens of Tarrant County should a disaster strike, the Tarrant County Chapter of the American Red Cross establishes "Shelter Agreements" with local and state. • governments and private churches and other agencies. We do this so•we may be able to provide a temporary shelter for victims of disaster who do not have resources for housing. Our goal is to have shelter agreements or service centers strategically located throughout Tarrant County so we may better serve, the citizens of Tarrant County. Enclosed is a Shelter Agreement for your approval. Our Shelter Agreements must be updated annually. Please complete and review the enclosed agreement and,return it to our office by February 28, 1997. If you have any questions please contact Steve Abbott at 3.36-8718, Monday throughtfriday. We look .. forward to hearing from you. Sincerely, dine4-14-'1 Nanc mit Director, Emergency Services City of Southlake,Texas MEMORANDUM February 14, 1997 TO: Curtis E. Hawk, City Manager -FROM: Billy Campbell, Director of Public Safety SUBJECT: Authorizing Additional Motorcycle Police Officer Positions. Attached is a new schedule of events from Texas Motor Speedway. The estimated attendance may be questionable but the dates are true and this creates unexpected problems that are directly related to these dates. The personnel budget was predicated on the information available from the race track at the time the budget was approved. Our overtime budget is reflective of two race day events. I specifically do not like to address personnel out of the budget sequence, but I am very concerned about the upcoming events and its impact on the ability to serve our city, and the physical and mental effect on our personnel that we have dedicated to not only the events,but the days surrounding those events. We are working on a Comprehensive Race Day Traffic Management Plan and we will be presenting the Plan to a combined Council and SPIN meeting on February 27, 1997 which will further illustrate the number of personnel that we feel are necessary to address the events. It has been demonstrated that there will be a continuing scheduling of events and if the attendance estimations are close, they will show a need for mobile officers that are able to move fairly quickly and with some amount of ease through our city to handle day to day activities, and also the race events. We currently have two motorcycle officers and I would like to add an additional two officers. This accomplishes several objectives: a) Provides additional mobile officers for race track events. b) Allows the expansion of times that traffic can be worked to help evaluate trouble spots in our city that we, because of scheduling and numbers of personnel dedicated to the traffic program, cannot address. c) Increases our ability to work with the schools,parks &recreation, and other public and civic organizations that bring additional traffic to our community. This will allow us to assist those groups in traffic management. The urgency in this request is related to the close time frame that we will need to meet concerning the hiring and training of personnel, including motorcycle training and placing the proper equipment on the motorcycles. The cost of this program in the 1996-97 budget year will be about $17,000 per traffic officer. This is an approximate total cost including the motorcycle lease. A portion of these monies will be recovered by the existing time and one half dollar figure that is being dedicated to the two race track events. With the additional events we would also have an unexpected expenditure at time and one half per event and these monies would also help fund the positions. We 4 Additional Motorcycle Police Officers • February 14, 1996 Page 2 do not like to reference additional monies gained through the issuance of citations, but additional events with proper number of personnel to address the issues that will occur during these events, coupled with the expanded traffic hours,will have a certain monetary influence. The time frame considerations mentioned above dictate the request that these,positions be approved as soon as possible. I appreciate your consideration. If you have any questions on this matter,please contact me. BC/bls • • s- E- 2 Resolution No. 96-51 Page 3 • 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. • • L:\WP-FILES\RES-ORD\96-05 LOUT 7A-10 • • 0 . 0 0 .4.. .i--•- .---' ';',-;;• ,..: i---r, -•.., 0 (P.—__ --.----- ----,- --- - -- ,_ IJ, CI m 1 2.,,. ,-, 0„.2 • . i ..,27.7c.,..rr Itirf-FER ''------,,---.--,---,?----7-----'----.-----' V.r.,-..f.; ;;.;•;,•-.,:,:•...:,:,.:'....'-f.'..;'.'..'..:': , '. -:,<'•.,,.•--.-,...-:-:---,-2-,;:::::;...1,.•1 fe. t..;:::),I,:',',%/,',...•;:;,., ,'. ..;,;,..7.,• --.,,,,if„°1,// `,%:::.K.1 p•I r•- i!,...1.-:;. ;_:...„'-',";'2„..:;., . .; '.;.. .•-%: ';';.,•';,;,•-•-g-is-::1 I c.:-::;-1••(:•-4;,',•-x.;:.,47•/, •,'•,` , ''.'.,vt;7.••.g./1,..::,•,- >-, 6 --v 1 (1 63 Ti,-,.,-,'v2, ..„. ., ,;.-....:i.i..:e— ,,,./, ,,i • ',. '.,v't:1'-, • L., w —, P •t",1 :.;-;#•:-•,, •,•.:,,,z...., '. , • ,--1 ''' ..c.• ,r, 1 , ,.,. , • r,i ,71 .n 0 ,:- i !•-•.•:.:':',. •'.":"•:- • 2,%<.;•,,,,,,,•;,,•, rt — 9 ; )t t- o-- : ,, -''.::,.: ;-.:.-1 I c '1. C.; '!5 :.7,1 Vi t/1 A - ,o .-.-,-,er. rl- \ .' -."-,77" \Z.:. . .. '7",.. ;//,.i ", "':'''i::-%4q'',<:'1' - -- Zilj r'l '-' i ''3'"71."::-1 . ;-, 1 %,' 1 1 - ' -, I -•7,i . 1 .. .. A ... ., 1 "..';1•-•i .,.„ '1 1 .-- ...---, B.,r,0 STOCW Irn 1-1:NCF: 1--I... I I -,' ' I t....0 ''---1 I 11 r.• I '' 1 E.„_•, ,r,.:„. • • ,. . n•.:•,... , : i.: .- ::,:.,...• , ,,, 4 ul., " 7. IT ......- al AC),:i 1.1,11I•II' , -,,,,,r•..,,,,,e ::--.. HARI INIrS1:;1•Iri.d.PAIsK •...'..;..4 rre''...7..:,-, -."''1 I•11 ,., ". A ---, • ._ --- . .--- - _______ LOT 2/BLOCK A I.:" . :::',...1 Zu.g,':.,-,,ii- .-: _;,f 71 JIM/401i1.1.7 'T.'''' '°"''''' •,;1 .--1 7.: mon,cON4TRI:crion INC ,)14:,''''''t.i, lr.,9.1 BYO- :.,.„.. ,••:•01. -'.'.....'''''' 7:-.11- 7,, Stil.-II11,51:.Tr.rArl i,., 1,M1,f+, ,..f.'''! CD ,-, 7(109..., . ..,i.: i '..: , '‘... ' ,,,,,„„...„,,....,. Fl r,./ co...„, ZONYD:I-1 ',.1. .,eurv-r,-, •r •- r+1 ,..,' I.U.D.:Mran urr• ' /„ .;;,.., rAt'' :':"‘.1 •r:.; --,',,;:r4,, , " / ''''''"' ..:-:1 o_i C")r--. ,,,:•-; t i • • ' • 1 f-,.., //J.:,', i . . 1 [.,.:"'.;:i, t:.*' 'I , C/1.;)(r) ), 1., Is, Ir.: ' ,..,—0 r...,,i t•-•,, : 1: •:.:.,.:,1,„,,, • . . ,__1 0 r-.• • 1..t .L„ 7. ' II , . .r...1 E.-. cz,,..„ • : "- - --J . , , ,, :, . . n: (; I .''' -.i .•r.•r' i r'•.!'l `r••::1 ., VI I I,1,•1• .':•-7n•- •'••• .' ' _ . , ', - , -," . . ...PI a) b C4 CN2 I . . . C.) I 1::: :- -''--:---4 I-" ' •',-' •: „r"--.-- .:;-..-;.1 . . i , . 1 N 1 1 CONC•RF-Tr-•-,•. ,....... . 1:'.::,- 2,1,1!G • 1 • ' ''''',.....:;; • ,--.. I I, '''. -.:..,',:•---*'..,. .:-'. ti I '''..1 __ _____. . _ _ ---- cs - __ ,,- ., rllLVtC , ., ._ rtv,, il „--r,.- . . E Fll " - -, I . 8 ri Tit-- STRE': . I ' E p. t : . . v 1 \ -_ ' --- il / N r • ri v7PC3_ • JOSEPH HART ',02,qv 048 ARDER DRE/1 g , OUR DARRELL.CITY.ITEAR 75117 NORTH ' 1 - t - I --- ---- T iiiNA ZONED:1-1 1 LU.D...HIRED USE .11, City of South lake,Texas ® STAFF REPORT February 14, 1997 CASE NO: ZA 96-152 PROJECT: Second 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, San addition to the City of 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). 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. ® Allen No. 18 Addition). 7B-1 City of Southlake,Texas REQUESTED ZONING: "CS" Community Service District(Lot 1, Brock Addition) LAND 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) 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 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. COUNCIL ACTION: February 4, 1997; Approved (6-0) subject to Concept Plan Review Summary No. 3 dated January 31, 1997, subject to the Planning&Zoning Commission's recommendations, and subject to closure of the driveway onto Brock Drive when the Church acquires Lot 1, Brock Addition. III STAFF COMMENTS: The applicant has met all items in Concept Plan Review 7B-2 City of Southlake,Texas 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 Plan Review Summary No. 3 dated January 31, 1997. L:\W P-FILES\MEMO\96CASES\96-152ZC.W PD • S 7B-3 / W POST. . -1--.‘--` • A BUCKLEY, SCHUH & JERNIGAN, INC. .rly The Nelson Corporation September 20, 1996 Mr. Michael C. Skaistis,AIA • 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: SIn accordance with our agreement dated September 13, 1996,we have performed a driveway concept 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 fire 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 — • ,11,01319609SOMMCISKAISTIS.HUM 5999 Summerside Drive, Suite 202, Dallas, Texas 75252. 214/380-2605 • Fax: 214/380-2609 Engineering• Planning•Surveying• tecture•Construction Management 7B-4 1 Mr. Michael C. Skaistis,AIA September 20, 1996 411, Page Two 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. 0 Sincerely, +r��'e..gF�� ti4A� �TF-gyp, POST,BUCKLEY, SCHUH&JERNIGAN,INC. s ke/ ..;; ''••a�rA _ H.WAYNEB•,•NI \IA...lois/61•52r., ��H. yne Barton,P.E. �'�"..« � „0'ineering& Surveying Director ,` ..�. 1 913 HWB/mr J P7 Gev 01 REC'D NOV 111996 • 1:\1OB\9609500\A\0.SKAISTIS.HWB -- pBsliii 7B-5 ( I L I J I�1A1A2G ^- .. i r-,-r7-f-'--_- l IR i i i 1 vl• I I _ 1 ! _ -� i t i i f 6Bd �_ �i n r xie -Irr-t---ci 1 e -1--' ._Es / e,e 1 6C 1 '689 --, tAtA3 -- -- i .-' - e i '�, _ KELLER CITY LIMIT j , r. '^+ - _ 1 3F3 YID -xi] 3D 3A 3 3E 3E1A 30 s ®9 9 9A2 9AtA; r R J. :{r Q {I�i[�Fi 3 3f8 3FIC i � p p 0 0 i 1 StaP1£Y A-519 t8 i_rv- ,• 1' iii ,_,7D2A x a t," C E 2 3 9A 9AI ._.� ►4- iD• 3113.-- Ll. ' Sf 302 i ------ '-' c .:rfawm.. • 7Fi 13F2 }',R-_ `__.��Rl tE1 a _._.i._._ -- JFt 3N2 3C1 1 1 1 I I 1 901 .F w� -® •- i ._-3F rtr -� i i I .� • lE -. •.1 N + _ r'-1---- _•--3FI13E11. 331 3E1 i i i �!CJ 11• 9C1 -1 1.2F1 �,._.i--- •-SF6)FIA _ r'- Jivr I Tilt 60 Ac 1 r cctt114•11+ ._.-3F2 3F1G 3I1 1>.11G�� t i ntgnF 'Ti 1D2 +c 2G {.-•'. w_. .Y.:.t._.y ._._..JFIO JFIF 1 1 i j • 1 I 1D3 1D tt {._ 3FII �2 ` p 3 gA 8 • 4G1 g •_•+_ 7C 79 • 6A•_ _-4.-. NJOHN J. IFIRE J IH0 . 7. , 29 7.8 Ac 0� 2 29 , ��,•1-YKj1 ,r• }Mk.3('aC• i --- 4' SI/71£Y A-521 ' Ac .._ _.-- Ac . - t 444 4G4 3.3 1 1 • n -f to Qr_.orl 't� i _•} 4i 19 A[ ae 6 Ac 9.5,4e ._ l_ 1. off' . }"' a�•` ° _ .' - 6 6 8A 8A20 8A2C App. - o .•itz ics-4 4, ,;+i 'l1.1-4•5G• +G2 T_._ 2 9.64 Ac BA3�- - C ...f-' �. •-i t'-• 4 • 7C1 AC itSON ROAD 1 1 2 s( -'• , . �© J-. .� -mod _ _ - I l8 ( IB i 1C11C 1 IE 2C5 2C7. 2C3 2C9 2C112C312C32 i 1 1 l' •• ! i i i -. •-�--• I 33 £• • Iti G C J._,- �p,�J(� , 1 f J 1BIA 4 P ! 1 l 6 8 - , i -. 4 -"1s:;._i �� 4 ._ i L.3-_ ' FLORENCE - _. FP' : �l� f 3�L 12.3 Ac �>�`-"-L--- 2g311 1G_ me �6.3 A•c SCHOOL - ''• i (;_ TiMB 1:��-��T-_ a 2 �cP • 20 Ac J� -._-a, ' I j - ry .__.-_._A -_._ -cr{ ( �(�� +1c5W.F EAVES I 1 �i �Acigra- _._.__._ i mil, 2As '. 1ORDA4 ORIq 3 ........... 20 AC .__, -` ...*._�- mj •/ i g 2A1 r--S- �� v m I i 1 w �/ 2C27 2C26 - i t 2A 2A6 a jl(. 5 ' 1A1 'C26. -i•--'� /r . sL/r"� 1. 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II 6F • • figi -mg - Et 3F 3 - 8 - _�� 2 ,' SA , 1 i I NAY �i} ON KELLERKELLER CITY LIMIT _ fe �,y 4 38 • to -r�J ry �� '• i i h" II CARROLL 551p1 p Arfi•1 1. I 11.27 Ac - P Imo` ELEMENTARY 4C L.A. �,a p f.� 3A 8� �151 s� `iliii 1 1 ` '; SCHOOL ` 3E ISW CLAY 1, 1�';•S��j� - : / i i 15 Ac �• SI.RIEY A-346 h! 3E1 ti� s -• ...4 ,`1 .•1 44Ac BOAc - .•-'n 1 - .- nv:era iftaett.:: •� R °i____ TRACT MAP �-IB2- =; i i i i i i ; ,- (, . �� SlA1I2Y A-1504 1 m _-j �, 1U 8 /,a •� 16.4-5 Ale r , 7B-6 g V ADJACEN11OWNRS ,-------- AND ZONING SPIN REPRESENTATIVE#15 o WAYNE&JUNE HANEY AG c� H. Forester I 4 i AG SF-1 A R. Miller TR 201 3 i H. White 1101 TR.2C i 5 i 1.78Ac 1550 2 36 2E TR 2F1A - .n0 • ''r • to°k eras : Sta IA • cts . r. 1C = U • lA 1.0681 0 Igo , . AG Southlake Church of Christ • • - •---- .71 - a TR 5A -94 AC S . CS A. Peters a c, A E) ----- ---- > sA Pi • . V Q_ .0 8\ . 232 CIC ,iimummid14 O 3 Mi 5A3 ADD • A° `� E. Wiesman SF-1 A . TR.5A2 isAG J. Horton se 13.482 Ac "' I TR.5C 1" 9.56 Ac 6A NOTIFIED FOR ZONING & CONCEPT PLAN ONLY —i ALL OTHERS NOTIFIED FOR CONCEPT PLAN ONLY 1 5B 7B-7 ' City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY .Case 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 0 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 380'. The provided spacing between the west driveway and the middle driveway is approximately 140'. (P&ZAction 1/23/97: delete) C. s 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&.ZAction 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) 02 No parking may encroach into any bufferyard. Parking spaces are encroaching into the North bufferyard. ' (P& ZAction 1/23/97: delete) 7B-8 City of South lake,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&Z Action 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 • • 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.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 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 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. • Interior landscaping per Landscape Ordinance No. 544 and §43.9.C3 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. 7B-9 . . 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-I52CP.3 • • • i 7B-10 • • • i f Fos. • ---- -------- VESL S<)U1H�PK' a+ •ri:wnS•p wegggltI �'.e i� 11.146. Mall non 1'. --,e0.1.-_ -..-4:4-0-111,1% Ili:IS ...---,-%.\II,:-- ....--11141,, it - ip .........,iii,„:„ 4 ,:.1 22 _ ,,,v...,. . A _............_ ,__,.,.-C-4-_,..r•-;•..,.14: 01.11.....2iiin. Vigiti Mill i •••'-.4'.'''' ........_ r....„ ,.. ,„5 .;.,,,. II Iiimoilenli- � 1 r��`�'� ,l e1S 11 5— s rail\ I Si.FE---- ill 'i Illimi —,, c:�! Ate' p A • �0}k I y eea Vl iV, °F � r►�", Ty I �M ��It'q 1�iae5ai IIIIIMBRaii. �Ulna I . ..:••-. o '----- IL, Ear air. i 11 i !1 to et in `�;'? 4+ ere., '; v�< �"� LOCATION MAP �re. _ • iii • '' Li, i/ C'� y . a •. * 71 'I �rTI�{� • 10 l / • � ii5 y _ � h ltr �D' :. �/F'•,l r � _ a $r � ! ~ v ' • „tit,. _ _ T PP , � �qVr • �m� � lb � 1St ..gym�m . . U.� 0 : ,, j,,,,, ..„ ,.... , _ .• 4.,,,,,r,. . . , . „.. ,..,..e. ...; 0., •, t, t coilpie • 11. f , ,.,, / .•,.... 4/i„....t. .° z #4.:)1 tq ! :: ', • ' . ;,44n worry i of II.a..,44Nrn • SOUTHLAKE CHURCH OF CHRIST a �� �.s� MARCH, t 996 - . i> • • C. TOPOGRAPHIC SURVEY F a`` ` N (1WnMC Q _J • REC'0 J�N 2 71997 f it . Ii• C1.1 • • • • • • • . . . . • • • . . . . . . • 1 ' I ‘ nom.motAame " / F I Qrlm a _ mn I IOa.ACAOa;IrAI.' ' IDE mercer{RI..NA.In Alm/C.aIaIAMNLY I Qr Qraa.32991K �..AC.CrA N{ / mean mmr rlw a►•u•Im Anew. ! I IX 191,09771997011X / ` A.Aa,QrANa - 1 ��e�IrN� AaAa� M_. .��. 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"Imam IA( •vow'n•.anv fr �r KP-.. ldIILO= r,YMrrnr( era IRS CONCEPT j A00-W AY-f• n4 n Jammu CI PLAN Er) Mlr-M' le-' M-c n n a a M r® I COM17D►LF7M772Y Roars awe oar maw IRIFYI W E7DgAY .vAn-ra' xr-e ro'-e a n u O. _ /171DM]/ awe EFIIIIM 00 WI 1.A (R .na A71DAGt or+r• ro•le, s-t an AI waNlrnwll •Irr&MAW AOIQtr Cr ona>oI o-Ar/R 1973 arw p.a Y I,M{AaApAWIO1 REE` JAN 2 71997 ;; 'rI Q" �M n REVISED CONCEPT PLAN FOR SOUTHLAKE CHURCH OF CHRIST u�->5z C12 • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-226 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 1, BROCK ADDITION, BEING APPROXIMATELY 1.068 ACRES SITUATED IN THE JESSE G.ALLEN SURVEY,ABSTRACT NO. 18, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM"SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "CS" COMMUNITY SERVICE DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING • MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES.AND AMENDMENTS HEREIN MADE;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; • PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ' PUBLICATION IN THE OFFICIAL NEWSPAPER; . AND PROVIDING AN EFFECTIVE DATE. • WHEREAS, the City of Southlake, Texas is a home rule City acting under:its Charter • adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter, 9 of the Texas Local Government Code; and, • WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of • -buildings, other structures and land for business, industrial,residential and other purposes,,and to . amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and • WHEREAS,the hereinafter described property is currently zoned as "SF-lA" 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. Sthe 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 7BR-13 • producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood;location,lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout • . this City; and, • WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly • requires the amendments,and that the zoning changes do not unreasonably invade the rights of those. who bought or improved property with reference to the classification which existed at the time their original investment was made; and, . • WHEREAS,the City Council of the City of Southlake,Texas, does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air; prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,-parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas,has determined that there is • a necessity and need for the changes in zoning and has also found and determined that there has been • a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore • feels that the respective changes in zoning classification for the tract or tracts of land are needed, are • called for, and are in the best interest of the public at large, the citizens of the city of Southlake; Texas, and helps promote the general health, safety and welfare of the community. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY.COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: — • Being 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:\CTYDO CS\O RD\CASES\480-226.CS Page 2 7B-14. • Exhibit "A" attached hereto and incorporated herein, from "SF-1A" Single Family . Residential District to"CS"Community 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 ii• 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 maybe prosecuted until final disposition by the courts. L:\CTYDOCS\ORD\CASES\480-226.CS 7B-,15 Page 3 - • III Section 9. The City Secretary of the City of Southlake is hereby directed to publish the d 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: • CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR • ' L:\CTYDOCS\ORD\CASES\480-226.CS 7B-16 _ Page 4 • ATTEST: CITY SECRETARY • EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L:\CTYDOCS\ORD\CASES\480-226.CS 7.B-17 Page 5 �_ • EXHIBIT "A" 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, 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. • • O L:\CTYDOCS\ORD\CASES\480-226.CS 7B-18 Page 6 1 II MIrWnOeI I I 1i! l gi do HoanHO 4 N I'l 6 . u. iiii, t 1 ?, ii, I. Hunos,1 L( I I t EXHIBIT"B" I 11, 1 Iii 1 t R Y R 0 • e 1iit?g1 r + R !NIP 4RRRR iyb kgki tRR4Z1 Ili \ 9 Is :.,1,1 ti Ihi _ j!diiI !t' al rn unty p qa � oz%9a pi ,ao .. *11 �e e Dill 1_1.4 iC } il .s , /, %.A tri V elf li 1. i \ I wir I 1 t 1___\ \ir v4,0...tiiir-ip - W\B:' ,0,0 itii i1 ill:,, gii sr, — k 1 Cliik‘ 1111 • gfa I !.00OO a 2 11 ` ill pv. ila ,l "‘ 0 I I I 0 -, cc 4 a i a li _ itql g ,�. s g g W t I ii__\ % 1,, '0°'_ 10II IL T 1 ,311-1111111r:17-0---4-1;:, rfh111_. ^ -T-- T ��\\ L Q- tl h _`� �11<.i' r .u�c., srr.•Jrs.m, W U ig44 Y Z g 5 4 \ ' f O 0 1141 \ \ - , ei tcY _ _ • g ,, li ., „.. • L:ICTYDOCSIORD1CASES1480-226.CS 7B-19 Pagel [661 It/'6E:91 Ld UP' UGH 6ALIAA1TXO4\';':"i-,'-• ".."'c\ City of Southlake,Texas !U 411 i MEMORANDUM February 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 670, 2nd 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. The first reading of Ordinance 670 was approved by Council at their February 4 meeting. On February 18, the second reading 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 0 year maturity. On Wednesday, February 12, members of City staff, representatives from First Southwest Company, Council members Martin, Evans, and Muller and SPDC President Yelton met with analysts from Standard and Poor's, Moody's Investors Service, and AMBAC Indemnity Corp. This was the first time that a bond rating presentation was held in the City. Part of the presentation focused on parks development, since the Southlake Parks Development Corporation will be issuing sales tax revenue bonds at the same time. The analysts were given a tour of the City, and an overview of the City's planning processes and long term development plans. Rating assignment will likely be made on February 17 or 18. Currently Southlake is rated "A" by both rating agencies. An upgrade in ratings is desirable, however a confirmation of the existing ratings would be acceptable. AMBAC is a bond insurer, and will be asked to provide a surety bond for the SPDC bonds, and insurance on the certificates. 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 issuance of debt. 1 L' .— • Curtis E. Hawk, City Manager Ordinance No. 670 February 14, 1997 page 2 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 --. Council's ability to maintain the tax rate at its current level in preparing the FY1997-98 budget. -- - - LAH Y CITY OF SOUTHLAKE CAPITAL PROJECTS SUMMARY ADOPTED FY1996-97 BUDGET • Waste- Streets/ Building Project a er water Drainage Imprmts. Total NEIGHBORHOOD PROJECTS Johnson Road $190,000 1 $0 $498,800 $0 I $688,800 Ridgecrest, Brian, Hilltop $103,200 $0 $496,700 $0 j $599,900 Shady Lane Area (1) I $230,000 $528,000 $0 $0 $758,000 W. Continental $0 $0 I $555,750 $0 $555,750 W. Dove-Peytonville/Shady Oaks $0 $0 $222,680 $0 $222,680 W. Dove-SH114-White Chapel $0 $0 $150,000 $0 $150,000 W. Highland-Shady Oaks/White 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 Bumey-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 $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 CDBG Projects $18,600 $0 $0 $0 $18,600 MUNICIPAL FACILITIES . 'Public.Works Facility . . -. $0 $31,000 $0 $232,850-1.. _ $263,850" City Hall Facility $0 $0 $0 $78,118 1 $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 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 Pe onville-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 Tro•h Club $1,300,000 $0 $0 $0 i $1,300,000 20"transmission line-pump station/Dove elevated $650,000 $0 1 $0 $0 $650,000 12"water line-Continental & Kimball $490,000 $0 $0 $01 $490,000 Villa•e Center infrastructure $119,700 $0 $0 $0' $119,700 IMiron elevated water tank-FM1709/Miron (2) $750,000 $160,000 I $0 $0 I $910,0001 Water Ground S ora. - #1-Pearson (3) $2,881,000 $0 $0 $0! $2,881,000I i#2-T.W. King , $2,710,000 $0 I $0 i $0 I $2,710,000 Total $9,717,500 $2,966,482 $4,970,560 $310,968 $17,965,510 41 (1) FY1997-98 budget to include $709,445 for street improvements. (2)Added $750,000 for 20"water line along FM,1709 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. `-1 C-3 i CITY OF SOUTHLAKE EXHIBIT"A" CAPITAL PROJECTS S 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 30,000 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 illSewer Impact Fee Fund - 692,231 400,000 916,833 1,085,482 Waterworks Improvements Fund 0 957,047 1,523,185 757,500 1995 Water Bond Projects($2.5 million) 93,860 1,725,000 1,166,249 2,881,000 1997 Water/Sewer Bond Projects . 0 0 - 0 5,790,000 Sewer 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 12.683.982 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 Q Total Expenditures 6.554.229 8.089.101 9.417.550 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 5.814.495 3.435.088 • 1 Page 20 S ORDINANCE NO. AN 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 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, 1111 0398371 4 v SEE 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 1111 Denominations-Stated Maturities-Date. The Certificates are 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 % III 0398374 -2- 1 Y • 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 7 Y 1111 Principal of and premium, if any, on the Certificates shall be 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 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 1111 0398374 -4- S of 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 1111 redemption 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. 1111 0398374 -5- x . S SECTION 5: Registration - Transfer - Exchange Certificates. The of Certificates-Predecessor 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 1111 aggregate principal amount as the Certificates surrendered for exchange, 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. • osee37, -6- '\ c.-\d 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 "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 0398374 -`- • 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, 1111 unless there appears on such Certificate either a certificate of 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 Certificatels) . 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 0388374 _�_ registered by the Office of the Comptroller of Public Accounts of 1111 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 III 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. • 9.837, -9- 1 SB.. 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 1111 received, acknowledges itself indebted to and hereby promises to 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, • 0398374 -10- 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 1110 amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the '!Ordinance") . 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. • . 0398374 -11- NAB.-\S 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 1111 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 provisionsof 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 • . 0398374 -12- 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 to 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 1111 neither the City nor the Paying Agent/Registrar, or any agent of 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 • 0398374 -13- . • 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 • City Secretary (SEAL) • Ili0398374 -14- • C. *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 1111 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 0398374 -15- 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: ment 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 in 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: 0398374 -16- PRINCIPAL INTEREST illo 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 Agent/Registrar") , 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 0 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. 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. • 0398374 -17- • (c) The term "Collection Date" shall mean, when 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 by 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 created and established for the payment and security of thePrior 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, 410 0398374 -18- • services, or facilities for the System to the extent 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 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 $5'00, 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 all 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 III the interest on and to provide a sinking fund for the payment, 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 0 0398374 -20- III such a manner that the money required to be expended from said 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 III been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally 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, 0 0398374 -21- 1111 such lien on and pledge of the Net Revenues securing the payment 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 III Prior Lien Obligations in accordance with the terms and 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: 0 . 0398379 -22- • 4111 (a) It has the lawful power to pledge the Net 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 4111 to issue additional obligations payable (in whole or in part) from and 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 0398374 -23- . 4111 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 • , 0398374 -24- • . IIIand 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 III amount(s) thereof, or interest thereon with respect to which such 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 • 0398379 -25- 4111 rescind any of the provisions of this Ordinance; provided that, 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. "Non purpose 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 lb 0398374 -26- 4111 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. (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 0398374 -2 7- . 4110 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 . IIIrulings thereunder, the City shall not at any time prior to the 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: • 0398374 -28- 410 (1) The City shall account for all Gross Proceeds (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 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 • 0398374 -29- �L� 33 4110 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 III 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 • 0398374 -30- , 4111 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. 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- II 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 IIII 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. • 0398374 -32- • 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 for 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 III 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. r 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- • 4111 "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 0 provided shall be (1) prepared in accordance with the accounting principles 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. 0 ' - 0398379 . -34- • (c) Material Event Notices. The City shall notify any SID 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; 0 8 . Certificate calls; 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. " 0 , 0398371 - -35- • 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. • No 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 0 0398374 -36- I-1 �- ,�o • 0 amendment will not materially impair the interests of the Holders 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. 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 • 0398374 . -37- EXHIBI i A 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") , dated 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 II 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" . • ,, 0398477 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: 0 "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. 0 0398477 - -2- C.-4% EH1bIA • "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 by 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. 0398477 -3- NAQ.- v43 T . 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 III 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 0 . 03984'77 -4- EXHiai ; A 1--\C-- replacement of Securities shall be noted in the Security Register. 411 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. Section 4. 02 . Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers 110 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 0 039$477 -5- EXHIBi i A • f f. ' • payment of the required fee, a copy of the information contained III 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 . Mutilatedt 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, 110 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 0 , 0398477 -(5- EXHIBl1 A . I 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 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. 0398477 -7- EXHIBlA r ., P ill (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 410 continuously collateralized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the 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 0398477 -8- EAHIB A -- - - - -- ----- . 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 Bill 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 Ap; December 12, 1994, which establishes requirements for securities to be eligible for such type depository trust services, including, c. 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. 0398477 -9- EAHIBi i A City of Southlake,Texas • STAFF REPORT February 14, 1997 CASE NO: ZA 96-167 PROJECT: Revised Site Plan/Lot 1,Block 1, 1709 Southlake Oaks Addition STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Revised Site Plan of Lot 1,Block 1, 1709 Southlake Oaks Addition,being approximately 2.2957 acres situated in the Littleberry G. Hall Survey, Abstract No. 686, and being a portion of Tract 3C. LOCATION: On the northeast corner of the intersection of Shady Oaks Drive and East Southlake Boulevard(F.M. 1709). OWNER AND APPLICANT: 1709 Southlake Oaks,Ltd. CURRENT ZONING: "C-2" Local Retail Commercial District SLAND USE CATEGORY: Medium Density Residential (may include limited low intensity office and/or retail uses) CORRIDOR RECOMMENDATION: Retail Commercial(same as in CS, 0-1, C-1, C-2, C-3, and B- 1 Districts) NO.NOTICES SENT: Eight(8) RESPONSES: Twenty-nine(29)responses were received outside • the 200'notification area: • Deborah Andrup,203 Lake Crest, Southlake, opposed. Resident states concerns with"access to the mall,"the turning lane, and safety. • Ray and Linda Burbank 201 Lake Crest Dr, Southlake, opposed. "It is difficult enough already getting in and out of 1709. Another entrance is definitely going to cause more problems, especially w/office and community development on the south side of 1709." • David Boone, 306 Canyon Lake Drive, Southlake, opposed. "I am opposed to the current plan to exhibit • the strip center onto Southlake Blvd. If two entrances 7D-1 • are necessary they should be on Shady Oaks Drive." • Stephanie Chesbro, 102 Clear Lake Court, Southlake, opposed. "We already have a suicide entrance-If we were to add any more"turning traffic" it would only worsen this matter!" • Brian Campbell, 206 Lake Crest Dr., Southlake, opposed. "Traffic hazards due to location of proposed entry to site of 1709. Conflicts w/existing traffic from Lake Crest subdivision. Very serious,situation w/50 mph+traffic." • Kimberley and Jose Deras, 212 Canyon Lake Dr., Southlake, opposed. "The turn from 1709 would be a hazard to people turning on either direction into the complex. The only entrance should be from Shady Oaks." • Mary and John Dominguez, 209 Lake Crest Drive, Southlake, opposed. "Access to FM 1709 would compound an already extremely dangerous situation and must be eliminated. The Lake Crest development (directly opposite proposed curb cuts) currently has to contend with 45 +mph traffic and cars turning from Shady Oaks Dr. onto professional buildings or entering • Bicentennial Park and all using the middle turning lane. Exiting and entering Lake Crest is already hazardous." •. Coila Edson, 214 Canyon Lake Drive, Southlake, s' opposed. "I oppose the common Access Easement off 1709 and across from our subdivision entrance because of safety concerns particularly for the children of the neighborhood." • Garry Gibbons, 210 Lake Crest Dr.,"Southlake, opposed. "Additional traffic at entrance to Lake Crest." ' • Kelly and Mike Howard, 209 Canyon Lake Dr., Southlake, opposed. "Another entrance across from ours would only cause more trouble as well as danger. Absolutely opposed!!!" • Katherine Holland, 208 Lake Crest, Southlake, opposed. "We are concerned that the curb cut. For the entrance on 1709 will conflict with the entrance to our subdivision. Getting out of Lake Crest to go west on 1709 is very difficult now." • Dan Jaeger, 224 Canyon Lake Dr., Southlake, opposed. "Don't want an entrance on 1709 for safety reasons- traffic turns." • • Terry Krieber, 310 Canyon Lake Drive, Southlake, opposed. "Traffic is already a big problem." • 7D-2 • • Scott and Francine Kingery, 204 Lake Crest Drive, Southlake, opposed. "The common access easement onto 1709 creates an extremely dangerous situation to residents of Lake Crest on the South side of 1709. Entrance needs to be limited to Shady Oaks Drive or existing park entrance." • Patrick and Jo Ann Loprete, 300 Canyon Lake Dr., Southlake, opposed. "The entrance on 1709 will make driving into and out of Lake Crest even more hazardous. Also,there doesn't appear to be enough green space between the parking lot and 1709." • Jennie Moore, 211 Canyon Lake Dr., Southlake, opposed. "Opposed to common access easement on 1709 -within the park entrance so close to our own at Lake Crest,there has been near head on collisions-that will ensure it." • Lucia McCoy, 223 Canyon Lake, Southlake, opposed. "I am opposed to the entrance of this strip entry being across from 1709 Lake Crest's entrance. As it is,traffic is very congested in or out of neighborhood." • Homa Nassir, 312 Canyon Lake Drive, Southlake, • opposed. "The plan shows a common access easement almost across from Lake Crest entrance. There is \ enough traffic with the entrance to the park." •\ Samantha Powell, 205 Lake Crest, Southlake, opposed. "Having Lake Crest and Bicentennial Park entrances using the same easement is already a very dangerous situation especially with the increasing volume of - traffic along 1709. Creating a 3rd entrance on 1709 will certainly result in accidents. There are many children that will be in cars using these entrances. Lets avoid any fatalities and have only the entrance to the strip shopping center off Shady Oaks Drive." • Ann Prendergast, 207 Lake Crest Dr., Southlake, opposed. Resident states concerns with the entrance on 1709. See attached letter. • James and Suzanne Peckham, 309 Canyon Lake Drive, Southlake, opposed. "There are far too many entrances onto 1709 which makes for dangerous situations." • Lois Scheidt, 311 Canyon Lake Drive, Southlake, opposed. "Center turn lane. Dangerous situations. Head on collisions. Suggest no left turn onto 1709 • from east lot entrance." 7D-3 • Sue Tepper, 215 Canyon Lake Drive, Southlake, ® opposed. "Because of the entrance on 1709. It is directly across from Lake Crest entrance and will make getting into our development dangerous. It is difficult now because of the traffic another entrance will make it impossible. Please keep all entrances on Shady Oaks. Thank you." • Glen Teel, 101 Clearlake Court, Southlake, opposed. "Concern about traffic congestion and traffic accidents on FM 1709 with more traffic turning onto FM 1709 across from Lake Crest Addition." • Gary Wilkinson, 210 Canyon Lake Drive, Southlake, opposed. "Current turn lane is already busy with park and Lake Crest subdivision traffic. Prefer only entrance to be off Shady Oaks Drive." • Cynthia Jane Whitehead, 211 Lake Crest Drive, Southlake, opposed. "Opposed to." • Debra Yanis, 200 Lake Crest Drive, Southlake, opposed. Resident states concern with traffic and the entrance into to the development. See attached letter. • Kevin Sweeney, 100 Clear Lake Court, Southlake, opposed. "Safety issues,two conflicting intersections • without proper traffic control." • Janet Kendall, 203 Canyon Lake, Southlake, opposed. The entrance of 1709 will create too much of a traffic \, problem only access should be off Shady Oaks for r:? safety." P&Z ACTION: January 23, 1997; Public Hearing continued to February 6, x==, 1997 due to Resolution 95-24. February 6, 1997;Approved(7-0) subject to Site Plan Review - Summary No. 1 dated January 17, 1997. -- STAFF COMMENTS: The Applicant has met all items in Site Plan Review Summary • No. 1 dated January 17, 1997, with the exception of those items ' addressed in the attached Site Plan Review Summary No. 2, dated February 14, 1997. L:\W P-FILES\MEMO\96CASES\96-167SP.WPD 7D-4 U1/115/UT 1U:ZH 10UU1 • - $korburg Comnan 5214 Westchesier Drive Suite 705 Dallas,Texas 75225 (21 50-8691 SKORBLRG C O M r A r 1 Mr.Dennis Killough City of Southlake _ 667 North Carroll Ave. . Southlake,TX 76092 • Dear Dennis, 1709 Southlake Oak, Ltd. Partnership is requesting the site plan for The Shady Oaks Shopping Center to be amended to include split face masonry IIImaterial on the back wall of the specialty shopping center. The reasons are: • . • Split face masomry is the,most attractive material for a large wall surface. It's size and proportion fits\with this scale. . • • Split face masonry is an approved masonry material in the 1709 corridor • • The city deemed it the most attractive material for this type of use by selecting it for the buildings in Bicentennial Park We respectfully request this site plan approval. Cordially Yours, ::791%'"41601("1, - Richard M. Skorburg President REC'D J A N 161997 III LYfQRm.foN R:R.`7Z LEI)iiP .IS URCM.RELL1H1E WiT C•isOT GUARANTEED 6YUS:WU .7D-5 rrRICFC(TRRFrnO .MC0RS.1.\.SUN \S O .1RlORSALLS OR marl C,AW..a.writtour. I I Al;r i / i PI 1 i i( i ; 25.406 At 14 Roo. tL, I J 3A• Oa _Tn l G�! 6F1 : 80 '\ !f0�,�::' Qf''`+ 3E1B JEIA 3E1C trf S I G p /11' w } II , i a, T J1 26 At p.� �'__-•I. 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LAM CONNER 4. 01 5. LAKE CREST HOMEOWNERS ASSOC. 5. SF-1A 6. LAKE CREST HOMEOWNERS ASSOC 6. SF-1A 7. STATE OF TEXAS 7. SF-1A 8. LAKE CREST HOMEOWNERS ASSOC. 8. SF-1A 9. STATE OF TEXAS 9. 01 10. STATE OF TEXAS 10. 01 11. STATE OF TEXAS 11. 01 12. TIMOTHY HUCKABEE 12. 01 13. MARVIN KENNEDY 13. AG 14. STEVEN SIMS 14. PUDrz;-,0 15. SOUTHLAKE JV 15. PUD L:\WP-F I LESW OTI CE\EXH I B IT\96-167.W PD 7D-8 City of Southlake,Texas • • SITE PLAN REVIEW SUMMARY • Case No.: ZA 96-167 Review No: Two Date of Review: 2/14/97 Project Name: Revised Site Plan-Lot 1,Block 1, 1709 Southlake Oaks,2.44 Acres in the Littleberry G.Hall Survey Abstract No. 686 OWNER/APPLICANT: ARCHITECT: 1709 Southlake Oaks, Ltd. James, Harwick& Partners, Inc. 8214 Westchester Dr. 8340 Meadow Road, Suite 248 Dallas, Texas 75225 Dallas, Texas 75231 Phone : (214) 750-8691 Phone : (214)363-5687 Fax : (214)750-4419 Attn: Dick Skorburg Fax : (214)363-9563 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/10/97 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787.CITY :::.•.;... ...;.......v:::mx. ::::::• i?::•;•+•?{.vr{. }}•;•r.•.::.:..n}w .v::. ::{C:•:{{{:�::�: .4.:: •}:•i:^:{{{.}}}�{.i:{{.};r. .....::::::::.::••::..:......,,:...... }.....:..::•#.':.....•:...u.•......:..^.4.J..2•.:....{•:.n:...n{C:...{:::::::.:..........:.n.....: :ku/...•n::n.:........:...:.v:....C,..........9..v..:..:.:.......}::�:•::i?...........:n......:. - * The purpose of this revised site plan is to request a change in the exterior building material on the rear building facade from face brick to split face block. With the exception of the above stated change and any comments listed below, this plan appears to fully conform to the plan previously approved by the City Council on 6/18/96. 1. Correct the number of provided shrubs to reflect;58 for the south bufferyard. As noted on the plan, this bufferyard requires that shrubs be,planted at 30 inches on center along all parking and pavement edges located between the front building setback line and the R.O.W.. The applicant should be aware that this may require that additional shrubs over and above the minimum 58 be planted. ; . •P&ZACTION.• January 23, 1997;Public Hearing continued to February 6, 1997 due to Resolution 95- 24. February 6, 1997; Approved (7-0) subject to Site'Plan Review Summary No. 1 dated January 17, 1997.' * The building elevations provided for this site are in compliance with the building articulation requirements of Ord. 480 Section 43.9c1c. * A letter of permission from the adjacent property owner(s)on the east must be obtained prior to issuance of a building permit for the construction of the off-site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. • * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Please note that although approval of proposed signs is not part of this site plan: approval the proposed sign locations shown do not appear to meet the requirements of Sign Ordinance 506-A.: * Please be aware that any change of tenant/owners with a request for a new C.O.will require that all parking areas meet the "all weather surface"requirement in the zoning ordinance.All fire lanes shall be per the Fire Department's requirements. • Denotes Informational Comment cc: 1709 Southlake Oaks,Ltd. James,Harwick.&Partners,Inc. L:\WP-FILES\REV\96\96-167SP.2 • 7D-9 • • ID • • • • • SCAOY OMS CROUP crow•CC trot •I1 FOR BUFFERYARD - . Q+^�.«•.1�TOtCArt1 YArCA OTT of SOUTtLAAE woo Now.f..' SUMMARY CHART •^ Tim 0.41•at ti, Al aon•CC PART • LW-LIED4N DENSITY RESOENTIAI Ito xu hr ZONED ACRICIATURq SEE SHEET A401 - PRO:ECUS=DATAOIART • TOTO Cb{.COLTu Iz LTIAIM ACALILTA1mjoaRG0.- _la. OTrC •-.[ .[-.[ -.. I 1s —AKVA u.aGl ...ww.••.. W0T�If TAI or yLm Aoa<IOLTaDu. •_7t,`-,)' '.- S BE'57.44"E 466.61• b ,[- OAIfLQM4 11oNAOI1r701A6/Nu.• Ii�. -'rt1'"' •.:.• •�'•r-..,,... i Iac�'w� a.: 19 �1SILT�- r, c-S. -a.-'=� ARUM,PAYC@?.A7P1o1[:4]p[017. 14111ChL"111SIkV; ' // A I/ I �J°• ? i ce/ ,-- Ji1.J; it -•'1 .TIQa m.Y,s u<tinmomAau. , B� %f,�/���/�' ,/,/, W. J}� r/ f ' / / cr ,-,„., 'K TO M%LSL.YL.(Df) 1 k / ✓i Ok't7 / r/yJ� 9 �1 <+r` Py%�� / /iii�0 • a/J/'///J $� L. <I—` AIWS OrarmOCarro n /OAOT41 1 �iii r IrseNTYL—... �%La04 iiOa//12 4•s. ''. FP,//',,,A•//,.o..•.•/%✓ ,-•.:. ._. ✓,✓, //�..227,,,J//YL % /. �lf��,S�/Q/Ca/J4*If.4a., _. Mums0tc-uIn.WOO HOOOAo1A.11D>DILLCCALIITA2 \=' •Y••�%• %/ II' - • = 1 'Tar .sue pp mnml[rm 111.1X1 WA•II17 mYO�.Ad•70L T2G NV. Y� •' �� �1���y1 �•.YK[f Af P.O YLG IT OOi I01 f ypI RSKIO M/tidlL SORLAN A0r AFI A LL pTOMAyGI« 1_ A i( � � +'+T" [141I1a Tit , .�l...1,Yy S•itrut. f0241.0lRARA.71LQA11P,7 E '1 ./ �??'>12. o4 Dews.0 I[ -rlv�lk r ' rruascw[and roe tIDMD®IA7mOfwRAUA Ilsmu A !/' !'/ C.�;., POI NNoc PROPo!Ill tow ...OSACOSEILIDECIALBLDG. a.SACCO rws-A Ipppp� • r VIM I no ccCL • • TN SLOT 7P1117. O C ' I'Ji� MrROlr rat to. <OM..m-0• • MOO wf/A T. PIWfO®IANIl1CA}1 : - ':. •■,'�• x --•to•RCG STD r--t-0-'LOOM, S4•fAOGfrV r¢ji 7NtA1�lOtat • [[9f,�Lj A%• �" l.tutwos re Ru. . 11 • '/GARDgSt�ILO ID ?O V+ 44111111 < l sr '" - �' '6L' ■ LOAM°SPACLMOVmm ISPAQ 1 . KOCSTAYT SSA•sal IWtA[ru • senrtAneofae.srT94 +,- r'I I__ _I �I------1 i[�j---•--�'s�1-1 I �I :, ETLPSIC8COKIL•On911 :.. �.-� , r 0 11E17i !vi1 " r. Igiui4 i•Ji� --;i�i'�:::_, TAT Fu TICS SHADY 0*s LTD �► � jllll o 111 _� I •� f e� 1 I 1 1y '-.�}8 �uONMAP �, / C A�,Ii;V� I / r^MRS. Cf. • S [_/t '_', ------ /•'•- Ott.._. ••.�:/�� '�.3 c 2 LOCAL Kim.co '/L - • S - I 0 ..manuu DENMY RESO[ RCI • EO /� LOGIN of coNA••-u 1709•SHADY OARS L Cr- '"'�••• .4 Z. FOR LANDSCAPE - 1-'T-1, --.—r - :. V AM H AWACUIr RT[L .•u[ow DENSTY IoENTua } o SUMMARY CHART t19 4Ao70yt 7•'D C•7 LOCK RCT CO EE'ail o. RArcia LG Tu o 1 4 P7f� lair:-�..-:.°i 11 ... ,.-y✓.'" ,SHADY n'.l�,rT'' r^r.. :-77- .. Mon o SEE SHEET A401 1 .j .. _ t[FIO TEA /r. P �� �' ►� od IY.[.eon1.. %'f1/`>� �.I!:/i. AR' 0..�3�%�// a_t o-%. in ex"? r './-,, m O - � sxror Om RA �'-� /Cfi ''C l! J I ✓/f�' � �/ +I[swc soe-xIa Anus c.f. 7 ��, i/i70i ✓je:e, MIC ,:;,•_ ��/r';i �����i i� '��%✓ :y •1 ,x.o-.,A...I,t. • t�/%// �{ �J�: ere ''/' '3T. ' ,jam} -`o' %i! J ' " 1 � +< a%Si -j :•.`+'% 1 •AT' P./IMAM TwTa7 • Srt6 40 - +.- too NNTq 0(7•G OI {r{j Tf�('r� �. Rt(ro KAMA j PL.'••• 1 lost wax K KAATTO AT Oi''/II Ial ('SUN __K loam AM= AKA ••- _'( __I • MOTISTr ma Mk 1,_____‘.--- /�/�,• ----sf rr Pat rLrawer c• tinier• f `r . _ Architects ..`�l- 1 �� oa•vow aulto j j• .Ale i�J?. _ f� - _ ���� .__ - %-5:. i ___1l SQlTKAAE MDT INVESTMENTS - ' - *'• ♦ % -yx4i _-•�_• ° c/' 6"R P-, j, 7r LW LOOT DENSITY RESOENTUL 7i :: y, s ' �yf•�':•�1 -• • -- a,tr- ZONED ACACIA Iusi - ...! •—C 0 io.To OC.;, . ..... ... - �-F '..• T%( f • o FT.RR KIMMIT°DOD C •Nr `'••'. . _ ,-- [_ --_ 3 :� YY.. " - s _ PROPOSED OfOSI[E.u L.0 ESu- Icy .� •... .. .:3".I ::/'vi:7.\ !.- • �1 V• TO OPEN CNHNEI 16"fL•635.0 n1.uivnj.•...a- - roln u[ N 88.57.44"W 438.77' t\_-..c•Lscrn.nC sac r u,, r .•/ -FCC coos,ac[ss _ ti ti, • \ r0 TR"MOAT,Tr, CNf tuI,COTCAC)L IrP ..., •""�- �r " 1P•T 1,C[rrPL•0 / • rK.A[St IwLNrb..nrI. • . .'-.• .-,.. r ..n T�w v ..r•..r - • fuI[A Y.Rf r.r b> J uo-.o•.n • A•w RY M•9 ,v .I,f `37 As wino 6 1.. ....I C C u T, K - •I is fL• .. ASPMi PAVEYENI Nx - coos.AC M, CASOKAT • `•• f'�' • u CONCRETE CURD AND CurT T TER sro- .lv o••n r`•.^or s.'•.to IT T few Ar/a TO axNlu.[a f A*'� PO WE Y.. F.M.HIGHWAY 1709 (SOUTHLAKE BLVD MAID.a PAa OrN.0 "-'•xr .••v' f T M ✓i NAP Cur A..._, •.wA.....Ir4•T... ..-. 190'•0.1 O,. NCO{ ' �T•'' STATE of TEXAS Row ' APPLICANT:1709 SOUTHLAKELTD. .; OWNER: iambi. a ' �M:.....-..•..f.A.. ....r.•.... FOR INFORMATION CONTACT.M CNEALCURERBAUM•I 1709 SHADY OAKS LTD,STRATFORD = ..,,^z.7. ',,,� •"'•T`+•'-m ATFISCHER A CO. LAND D9VESIT4+MINC.009 q aW GENERAL f1A91 -•. .....N•.x......N PP•I•.....+.•'P.,. • 13333 NOM.RD.7ATN FLOOR �i �'•' IWOLOMA ALTO RD.SUTER 20S , P4"""7. n DAU.AS,TX 73210 DAILAS,TX737Y1 11 714-960.7100 K "'P "Aa RYA•A,SPEC.I PO..POLE...q*K01 • Cda[A w FN...TO 1T.Or OATS AGAO ©�©Q�� REC'D FEB 10195r '°" mf}T..lr1♦�,T LXM oTr[00,1 rtr. <.61 cues CUPS • 1 ._._..___. .�._ PAR [f41rJI.sL WHII.sC7TIR•SEX MIX NO.TO.�[A101 IIN�COr -_•- • STATE Of ICOAS 1 [7f..qL • GiSEN0.1AS6-SS PaRCE cons STATE OF TEXAS STATE of TERAs PRELIM.DEVELOP.SITE PLAN j p.ivie-kr I10 0.SOWN P7 f11 2U SOA111 1'.7rr 0' 1- A 100 . .• . . . _. F.z.r...7..-...z:F..,, do (-7 ®® e9 T1 e (;) -... -(.--r) („ . Y 9 ?I • 9 E i • , P 9 : . . ..... „lg. ..........:,... tr.!":"..!...r.=..... •'I" :. 11h!g, II Tit!!! 1 .A1011011,i 11111111 f( ) . 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SCAM 1/4•01.. 1111 iIr bb•••‘.--'..=, •• II Ii - ..._ 7 - - aEnlargedElevation I FFCD D---„r--r.1tiI n 3*-*‘"0-._*.1996"..."..,'.(-,;,'.,'„',.•f,',/.,..e .I.1/ • -O-s. iglib-re-e•—, . . - 6- /6 7. .__ A401 • - . . . . ••---- . . •.... . • • •-. • • . . . , . . . •. , . . . . . • • , . 1 r • . , •. •t • _... . ! i • . • - .• • . . • .,...s:.Ro...• • . FOR 8UFFERYARD . ., •• ..•••'.... SUMMARY CHART . ....--..—... ...... V„,•„•,,....... • .. . . . •---.... .......-........— • • I - • • ==...:- .—............-:: ..c..•,...I.;• • PM..:1.....rA AA,. ' # SEE SHEET A401 t it.. ...".,....._,,...,_,.., /1 '. I • ., ..........t=-..--= PROM=SM1 DATA CHART i I •'1 1 ;;;;;,,-„,=--..• ______ -.—•,..!tt..1 124••.•5 atagoo.I.00ALuTALcomolcuL .". f.•1 0 • ..I...ink".....• 04,4- # .2 S.-0.0.5...X.,...-•-•-,. -:el.••...C.I•.,m c kr*S. R12,41/A LASCIACIZI/104112CALP. ••• l• _I .11.11 ''-• ne. -31•,54n , in IVAN.)=44 ACM/*ANY MA NM -.I FY It...;,- .... v. 117,...7yt.,. • . . .j4.......... ;:_4Ar:KM - in.,, •,..... .. . - . •. . i....e LIM ICECUld MRS 1112=11171I1 --"•' • ...•r,"----- NAACP PAIIIIMTAAITIOX,17,91.Y. ,1 II.IMIll 4 al/ 1.11/1'.•••• :". • '•-• ---•••••••• NAP" ••-•---- 1 ' ,,..- .,• -----...-...-r, tire' ,...,45.1-..”Men in C")•••'.. ......_•,, UKINCIAINCIMIALINA .---...._ — . . • ' AITICLIWIX3LIt(IIIII 1›..1..1 i• :..:•.:• • ..,•• _..... -•1.. 4 _ . -----4:;21.,....t-ii AlIMACIPOUTDO:LIICOAclIAIIIPCOLI R:7 ,) ,•,•,..--;:j'',.. A .--str •••.,.-,.. : ROMAILAAIIJZOLP.I.00ALIIICAL ..' •••.I.•••.t..•,,ns• .- .. . .C.,-. ... . •. ----- § ••'‹ Isco Azi...21.11321.1:.21.COOK17. .1"'‹ \a • ' •,-- ' -111 -r t"ly . „ . :..— 4... •• ... .....,.... ..„,,,E,.....,.. .._ . . , 1.6•0.4.•mc• 1 * C3 rtIALSWPACI.71.1 Man \ L. i Ir. )45,", • b .tyc -- .......!, 1...r--,......,017111 2C•C •. ITC/IINOLAICOCAPIAIZA=MIR ti- I ' t ...:V/7 '...r . ..2 tI,..•LI.•,....b...• PROPOSED NISIRZWO OMR COROISRCIAL3LDO. 5.0.......MI•• . . LAIICOCAPINUIM =ILL C) t It: 4 ?I'''''I.:•1::•,E4•••4 '• PIPAALINO • I,____L...; —• '-•••• •• 1,0•••••I • CU (t LI • FACIVITCDLMOICAIII WOOL? 11›.,A1 1 ., .g • •'',' ••"• t I .3f.•.,e4V• ______ ;_,. .=,."AV • 4,7•111Eiffl•••;'‘ j tr'‘.. ':'I'';•••••••••••71.:.f."C.. ••••-: ‘.. :1:t 3 .,...1...4,..,t,...M.."...,•• DIPAIZINOLOT tult-..,•_,1t, 1 •'s..1. •_--'1--,4;. .17)..waisr i. . 0 .4.., }Lv_zit. . I ?ALCM mosso(I/ZOI 10701i2 ' LOADOIORACCI OLLIZatI I TAM •%_Sar_ . 11•440-0- I ... IIALMMOI710.0 III CALI •4I 1.• • •th . •-• I 1,, t 1, • LOALCCINACTIMOYALCI IMAM t:•:It I ...,:••' TAX? ? IMO .. '1.s...:617.............1,1„,........,,.....I.-"'t ..........:;''' . . . •4,,..:. r..... .t.mi..... .... ,.-.. ':5- '-'• . i ` • • - :494 MT,HMO CUM%•MIMS It):St i •„:" til--T i If -• - ••.• 0 IliPl.. I • ,,,,r_ 1%•.„,r... ::* e . if.v.^-..••5.1.4. ,.., ••• M. ,- . 0. .,., . • ST12 LOCATION MAT i 'I...I I •• 1 .•I•• St N• • • • - , 1• •••=mimmA„. ••<•.1 . ''-g.- . ••••••74;It, •••• '• * A . FOR LANDSCAPE em-Fiz .al KTI1 1-1 I i'.ri.---, V_4—.(0•Z'..4-. ... , ••• 1......i:;-./ ..:.' „..:',...„...,,,",,,.,,,. .....F.7 !....1.',"!..'._ ...1-.. „....,,. ... - is. ----'• liwz'''t"- f'ef,4 - , ‘..w.'...,........;..::.L--!:::,7:S2v1...:E;it,../J.,,. i"!:,..•• --„•• .. • i?' ....• :v:7.....t.4•2•.......21C•n• k, •• ..". ,,/,.:;21 R.5.. 25 1-2,••••?...t:,.. ........ .I, I,• SUMMARY CHART ::: SEE SHEET A401 st) e,:.. . .. - 1 1 ,.. 4,./ it - .f,".., ----•,, w:* .?/...%-- ..1 / ' :. :-Trt • 1 I ' 1,_ ..--xr.-..• 1 %.- ti •.0 4,'? - '.0?A.-..,- ..:-• 5E) .•-•,. 1 ., di -',-- . . 0?:05 ''..'-L.' 'X' t ::..q.2,•• .4.Z.t. ,gy.--..:r ,..„, , (3' - ' ..td4VF —,-,..,s,....:. • C. . 5rTE. ; Li---- .im,.: '.(•,' I .. •,...'...,/ t . '"-ef-',, ' ....•...• i ' J11E+110 , , . . .td, ,......•...-...,...,..-4.., ,..st•t.C. ,../- •-•. ••••,1-412•- . ,--..-- *•••24;••••;21••• ......„1 I I .t•-•.:, -.14.• •,..... ;.r, .....,,t...A.;_:...al.mo.t.c . 4- -':14.61, g...c4.a•2.2..1••••:•2••C.:0•S, 1511^.*,::.....,...,,4,1.Sr-•-----. ••1.2411.F•11.. `..., ••••Ct -•1 3-Cin•••••! s' -----". '' '...4-..5'.'".C4.-7-\ :2%2 ...C.. :.- i _•,...„./ '• • . . ,.. .- •••• •ge." Architects ' CI • ...,........., ' °"!.5....;*C- %" . ... s -,I---c••• ,..,,,,, „,•r. L. .4.•gorel•P...s 1.e._ . DDiu.or Dv. ' -1.10311misel;a faiigl I ,... ' t-....•,6.31•Gt 1 4..D ._ . , .(4) t • • E: j 1 .. . Ada Da Mil l•-• •.'• • N.) . .4 ii•• ••• --VV-...1+ 6.2 .... • raPh..(2141k33-.45#7 C.:. . . . -t- " . , • la f2141.161.1156.1 '•-::. :E'.6.-s .ES:C..".... ..., v a' .. ".AOC IMAM&intr•••C .r1r14 - 1•••••...... ‘• . , LAIL Woo 10 IC .: n : iv! it, *4 ' ,,VAXIAA MO tAX 53o • 21. • .21-4..3 8 :•.: Vr', C.107 !----' . (.„r........„„.:::,_r:777,..".%•.-O-1.,.E.'_9,..5_25.: .... ..........• — .... ....... .......... . ' ....... 0 et•t•otO.v.. 4 • .. .••• .• . ••. .. . . .........• ...•••••••./..•.. •••••F-A•••.,.......,•:::,...• • ...... .............- ..•••••• •••• .201 .?,•..,..• .............•• . .... 442.! ••..... •••• .• .. •. ••• -• ..••• .....•....... • ......... ---• . . ....... ••—•--:=1.--.. ,. . . . 4.•.....•. ..... . . ............ . . . .. . • ' . . • . CC••••C••...US •11)=TIn .1.1 1 P •... •. ••• . ::t..;-‘::•!....! •• ••. ••. . . •. Cantem, •. "•°- . ... NOW. Itta IQ=WC D, PC0541,04/.. Palm tmi. 7 JUN 10 1996 . .. .. F.M. HIGHWAY 1709(SCUTHLA.KE BLVD *. • .. •• ,.....„.c., .—• . Do DIVA ' • ---• - -- ••••= 7, • L '''' reE Cr..C.t •,:. - - - - " ' - - ' ' - -' --. - '-. i •• - APPLICANT:1707 SOUTHLAKB LTD: • A. • !OR INFORMATJON CONTACT:MR.?MAL CUESRBAIDC 1109 SHADY ALS LID..STRATFORD . FINER! ' •. AT!DOER&CO. „,•LAND INVESTMENT/NC.GENERAL PARTNERS • LOSS NOM RD.WM FLOOR DALLAS.17752A0 214.910.7ICO C': 4 li RICO LOMA ALTO RD.STATE 2OR . DALLAS.=73221 et...... •......a.:s...t,row•ea.t.,..c.tots. ,,,,...t.r.inn 6•0 So•M•0.0*CAM _._ F--, 7... _ . ,...„ .,,,r_____..,..____: (MOO.4515.3. • C5.54 1,trytt•••4•.• -- C.5,CI..Ct., • 1 t.- . .. 1 . :.--- • • • •• ... • •-.. . •••• -•••••••----......-.•-••-•-•-••••••• •---••---• -• • ... g:COWER Oaml...0 ,• • . ' '2:-. - . USENO:ZA 9-55 - • „ , . . • . • - • vsat-•or3,.-f v• *E.AS ..-;2'.0---":! €1)PRELIM DEVELOP.SITE PLAN ArariMmIr STATE Or TEsAS _ - • _ .. .'VICO.ovOS • e; SCALE,1%40,0' A100 _ - - - :. ... ,___. , . -. • . , _ - . -- - , . . . . . 7•''-,-, --- '---- - 1:-', •• L . -..._ I'PREVIOUSLY APPROVED SITE PLAN ,i,•-...,,,,-.. : -• ...„• -• . . -- 6,-,..' , 4111, • • . .. ' I ,, 0 s, • . . a .................. ............. , --, . t.--.:.......--. _ • r li- iiIiiil . WINMAII1 CIA..PAITAIA88. CI: •- BLDG.ARTICULATION CHART: 4..;... .iimilti.,.i ._...;--.--.-—-- - 13.!.:1."1;:... poll::: ..1.-.4_,:,4%.,...:e NE a• ••••••• or•14. ••••• vv. mop•mood i 1.6d.7 Et',••:4../74%9?.''°1 ••••4. •••.••• eV 441 •• In 4 •••••••••••••. § .IC , ............ •139R111;e41.21.1 TERMS• . - 1•••44.41. m.o.0 II I I , Ai AT. ••• 1••;•••• nr r.• 1 o ,., .... 1'41 C . :17:;.- :%:;.,"tZ.•••••.:.`r,;.,!,:r-F•rr•?•:;•' F.••••••im•----0:•A 1.. 5 ” elA 0 "•••••1 • C). WEST ELEVATION ;;;;;.,i-::tl,ti'Ac-3.'Err-.'sr;SeT. ...•....—. •••• WO 4 a Or em• Pm.,el• S..,..r. n st a, ,SO • SCALE:Ebro 1`.0* . it Cutt_LAL_JENTS„ 1.kiLl_.M.• ....•-6..4 1111. , 4.11 : % , 1. ••• -,E1Ge" •Z0•0" I•••••••••WS• 4.,•• • , LI ..in zw.1.•it•ir... WC,. •3 • MVSiC:..t 1157•.•P•4 ' ' 3••3,. • .•,•o..— n*A..,,...... 4 , • •• "• . m / Vr • 5f 25x9.- .12.-4 Act,. e.c•zeN - 1 . n•*PM W.&Yr q C49'. ............--..—.............................. ...._.._ •••••• ,r•ir I r•••••••••••.014..m4.440.41••44.4••• ••••••••••.(3,1 . ...6, S-‘-' . a fAVFL.•3 in• 3120)•00 AC, •ar.s.: , L mz:..•••••;n67,•zn.nrwnr==•=r.,....„....fly.. in,••••(.1, q . .; ---.= • . 1 ...::. ••t, - •!...::: •:•: • ..., : i -- _:_..... 12/110/414YOUR•0•11:93041.A.MKAIM - -...— 1.1}47..• 3,..1..-_;1;,•.••x 251t•6•;•.;•12.•A• 4,,7 •i6,0'• - . ________5`. 112=3•• • ; 6, i•V•VdEPX•N,V , ••••••••. 1•44.4•44 44•44 04.•Ire A• Itmo N. Grew. 14441 4.“.• 114••••• 0100 0..) '....".,•4.. - min TM • 11 4 11, Nol 1.4641 WM 3 fli.. If If --.-I,1 41I,704:7;ii;:fi-r;.5,5":?.11:1.;e'.LUZTAT: . 1 Q • .. 1.14411131114?i:?.!*1Y1701 rtig0Riglq! " ...............ammom.• C"4; ) rn ••••-1=.-.. ,3•4 a - ' 44 ..e.i.p:&11. ''''' ,• . 314f.... . CA.,ar.luegI AfalAAAIA.0 A,4.614 04,4/.....Of 417.-.)•••• • . • 0 EAST ELEVATION . —._ . . .1/16A I jj 11E+HD SCALE: " 'd' . • Architects , I r I . imatirrkirtannyl A . . . 13•Mak.AseSS.,•34 Dia taw UM / - forp1•••“2/41.111-561:7 .... N..........---n•c•or.•••• Fr2/11.1030 ......-...... ".•-•) ., ' ; , 6 ;. no o••••••• • . , . n•-• n..r...; . (.4•3 n ..... .tE.- _ ,...,...__.• -.. ' _, ;• '-........_ ....„- F.7--7,.;•=7.-..1... ,-_,_ .,.._.r.._6• .__- , .....-r 6 -L;_ 1,:--", 111111 ' • k ......D. . --------- _-- ---- - -. . . - ----. ----'-''-''''','- -.Am”1.1 4.0.1.• •••• - 6 t• ()REAR ELEVATION ... _ • . • • ' SCALE:VW.141 - h0.1ad. os • , • 60, . _ . - - AVINA•k1 A -Alli&u - - • ' - t• ,,,.......=, . ...amu_,. r':‘:::::*amin . ACIIII11.-1111i1-111-1fintge2. . i 111-111111111-111/1111ligag_ 4.1.-4.• ol n 1995 - JUN 1- . . . . . _ . . , . . 0 FRONT ELEVATION - ' •- CASENO.:ZAS15-13 • \•r • SCALE:VW.1%0' Drosillhiskr • ' - _. • A401 . ... • . --J,„ • . _ _ . . - - _ . .. • • • • - `-:'...,;,!,- . . . . . . . . , . . PREVIOUSLY APPROVED SITE PLAN _ _..._• ... • .. . .... . Y ,.., . ... . . , MC•frel.I.1/NWhM fwry L.1.�. .V . W.arf•f MrM1.14.. , •�.rM•M•f•ref N RIOVR.Yw ALL MN MI(wmflL WYInR a•trrrc a•w.,N ry 1�.ya WU4•et ••IN..... W h•11..prN WYN N t•TY•t►•r,t�Ar" MI IR11...Mk Oleo.N w1 am.fM1 un••••./ll•M �YW 1.iM•'•W.Ir••Ml.utswl••lrwfr fir- Kr) r•w�•Mfhrb•.vY•f.f•Y1. MMtd Nrf.1••M�1r1r1 MI•Y1•1•afM.a n1...aw. H)M S,a.•••.et a.•nrwa am..rw�.11 ry.- 4e. rwry.1.1 fr•W or Wt..Wt.n M1 11n 1 r•✓w)�4 n•N rr�l+•r e/Iel►a f•.•/IMi r ti 1•It1..•1 wow N W 1 F.1.1.1..A bt w re N Mr.••a 1.r.a b•ar•..N Ir11f..a.1 M Ira or. .•wd.1.•.d•.1 er•••a 1•.Md rtr de..l. 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Ow a•....OrY1.•../a•(.f•4..w N OCN/w•N i Cq..n MM.a 4 e Ma.11 Cr_-1.d .NIC fr.WU a.Mtn uC SUL f alel nit 1ta_•.r MC 1 1 j- �/ .M M Ir.w.n•rh.yaN•.r/r fYfyrr 11i sa.N. •ra... i nOa�.r.nM�r.••M • Mr.Y M do11W1.•11.0. • I I M•RN..N k1C1 Cwt 1.1C'Ar tw I.1 M,r et b•r111Mrf- • .ri _.._.._.._.._.._.._.._.._.._..� I • rr.T • fr s.h r•1)Y•If•f-in.�y APPROVED BY THE PLANNING 4 ZONING COWISION I.db • hMrl1.•+ ITOLTW.• N+•/m..M1•w11.�eN lows dew. bI'A.••n~ ut..Nt.S1r•.t he -. al.mite Metro.N:itIM1 N I. • w..• ! I I r.�i f..r/r•men. DATEf n f.r r[.rr 'f tl°bd. w:w,My j 1 I 1rocx..d1 r.r••41•NN N M•r 1.•dr.M Nr•.1 fM•.. CHAIRMAN: ... - i :I rr•.•del.1f RSN IMf r Me tun r Kam A o•trla , . • Arm• • • .lr•feel r Ode 1.r N 1..moot.. PAZ SECRETARY, - _.._._.._.._.._.._.._.._.._.._ I o. • �.L' APPROVED BY THE CITY COUNCIL ! iI. -I n..t •a. DATE, . . •I i 1 MAYOR, - !_ . _ _ CITY SECRETARY. • • j I1 1 all Or MM.d i h i i i • I 'I ,; r4 S etsrC• POB 14 ro. rss.rr• I 1.."_!. .n).• an•rut.MT I---T� :f --war .- .._. . \ -sisaiik•c 3 1 ! 1 j. •.a.t r•mote. 1j \w..' \ 2SJ iv :t jY LOT 1 II LOT 2 \ 1 a 2 o!N !. - I i " a i• 100,001 SO FEET li 81,392 SO FEET 0 51311 E 1: ,:�.Tc.-- 1• 2.2957 ACRES \ • I 1 Ella 1.8685 ACRES I ; °t POC•••/i• 1• R.•YRtr.tN 1 I • • i ?3 n.m••a11 Mu In "lib I mf.nTO.mTT.OD 7.Vr • .n I.oa I I -I �yL••dr .,�1t._ ► L.�Ir. K„ I i rlrot-wr.de u IN ••I Mart 1 w+.'14 :.n,... l - tsaM'----r'1ria�.Z72.17- nlm tl,ti �I 5 • �. C; �H7 i I � Illili 1rfT.enro I-.^' I• I, 0 I V i I 9.1•*N4!f.N0'•4 I ,r n a Arm.1T.T• =I 1x ! 1. "e I I • • r I 9 ~ I. 1 `---_�1c.at.1.¢1ry A sL r 1r.•1an.Ir1 - i ,�. rrrrNuflfWt I i • .' . .�h .r.a r..Y.r Nan fatal.. ' ! Vim ■ r---. T.awuS WU lawful SW 1111uGt1S w ftta.aM¢ writ TIE CRT SI..I 010f.a- F.M.HIGHWAY 1709(SOUTHLAKE BLYD) E �AUGnnC mrt rmw R. (^� �j JJU . • • .._.. _.._.._.._..� ._.._.._ 1 I FINAL PLAT ^� • IaaaK1a i ::s I i s::..:"' ?.--.._.._._. -.�.haw 4.1642 ACRES (o-e R m1T• 7.._.. ._.._..�._.;..i- I' ..T :M i_.._.. LOT 1 and 2 BLOCK 1 M 1 I r ! - .�., ' •..- i 71L T:4m i I % do.1. ! 1709 SOUTHLAKE OAKS ADDITION j I i n i i '\-! ! AN ADDITION TO THE 07Y OF •- I I%' %I:d•f'T:` I i I SOUTHLAKE,TEXAS 1 I LITTLEBERRY G.HALL SURVEY.ABSTRACT NO.606 !. - 1 1 . j I TARRANT COUNTY.TEXAS ! i I 1! II i FOR i 9 I !L"`crest S°°" . IN .. _ • / 1709 SOUTHLAKE OAK LTD • +- �m i ! I / 4 r - ONE GALLERIA TONER,SUITE 2400.DALLAS TX 75240 N. f1•11PCML t 0•.E1.101 t .Mrf ASSaNICS W. .. 1Ut SarcNOII p/l CLtd I Ita1 Mt nas IA E.41.115 SCE.t.STS 5.1/0115 .d.. 0[DUO.•010.5t.NCO 1ta0 LOWW Mtn S sun?SW 101 • .....rw.[ST hdo ant MIAS fro../MS -- taca1v11rY `: •` % t MIA;1/u5 Mt.--- -._WAS.}C•.f?SW 4 •a ....•. TMo.rt xa-ns•om• CASE NNwL 1H1 MS RAT RID N COACT-U. --DATE.�_ sole 1•so•No 154.1 AUGUST:LISTS ,•. ,. i • • 1 . .... .... - ... •• .•.. •.... .. •Gk41:•< .... .. .. ... :i -PREVIOUSLY APPROVED FINAL PLAT .. -" - _ -• in 'Y j ij gt�ar,� t .�i t j���) F _.u.. ..._ auu a....�.a+at3t�sZ;t z 1�il i1i3 dui 3113ii. ,„ . ?.tomm?iita�3i€i #3 3i3:st t 1' City of Southlake,Texas STAFF REPORT S February 14, 1997 CASE NO: ZA 96-163 PROJECT: First Reading / Ordinance No. 480-229 Rezoning and Concept Plan/Kimball Road Substation STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Rezoning and Concept Plan of approximately 2.456 acres and a portion of Tract 3B situated in the Thomas Mahan Survey, Abstract No. 1049. LOCATION: West side of Kimball Road and approximately 1,400'north of the intersection of State Highway 114 and Kimball Road. OWNER: TU Electric - APPLICANT: Espey, Huston&Associates, Inc. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "CS" Community Service District AND USE CATEGORY: Mixed Use (may include office buildings, hotels, and commercial and retail 0 centers that serve local and regional needs) NO. NOTICES SENT: Eight (8) RESPONSES: One (1) response was received within the 200' notification area: • Earnest Taylor, 579 N. Kimball, Southlake, opposed. "The substation should be incorporated with the Timarron zoning change for the 200 + ac. since it will principally serve the development, and its presence will be compatible with the development." Three (3) responses were received outside the 200' notification area: • Lloyd and Dana Sherwood, 906 N. Shady Lane, Southlake, opposed. "We are strongly opposed to the office zoning and also to the power plant. Both will decrease our property value. Also the power plant will be an eye sore and health hazard." • Jeanne Cook, 158 E. Highland, Southlake, opposed. "Power plant, transformer lines, industrial buildings, 6 story — office structures." • Marla Looney, 2901 Tumbleweed Trail, Grapevine, TX III 76051, opposed. "A power plant will lower property values for all homeowners in the Kimball Road area. It will be an eyesore and also can be a health hazard." 8A-1 City of Southlake,Texas • P&Z ACTION: January 9, 1997; Public Hearing continued to January 23, 1997 due to Resolution 95-24. January 23, 1997; Public Hearing continued to February 6, 1997 due to Resolution 95-24. February 6, 1997;Approved(5-2)subject to Concept Plan Review Summary j No. 1 dated January 3, 1997; amending Item #4 (required bufferyards) to require the 10' Type `E' bufferyard along Kimball Ave., deleting the remaining bufferyards and providing a 10' Type 'C' bufferyard on each side of and along the length of the concrete drive; deleting Item#5B (minimum driveway centerline spacing); deleting Item #6 (provide a minimum of 3 parking spaces); deleting Item#7 (areas intended for vehicular use must be constructed of a dust free all weather surface material). STAFF COMMENTS: The Applicant has met all items in Concept Plan Review Summary No. 1 dated January 3, 1997, with the exception of those items addressed in the attached Concept Plan Review Summary No. 2 dated February 14, 1997. L:\WP-FILES\MEMO\96CASES\96-163ZC.WPD 11111 8A-2 . ., , .. . Folk J Igin ey, Huston & Associates, Inc. eeringg&Environmental Consultants December 16, 1996 Mr. Dennis Keller Planning and Zoning City of Southlake 667 North Carroll Avenue Southlake,Texas 76092 Subject: Kimball Road Substation Site-Concept Plan Dear Dennis, TU Electric is requesting two variances on the concept plan; (1).Due to safety considerations the site will be graveled instead of providing an all weather surface on the site; (2)Minimum buffer yard, there will be an 8-foot masonry fence around the property which will provide adequate buffering and screening for the site. Other than these two variances this concept plan should conform to all other standards of the City of Southlake. Please note that the driveway leading to the site from Kimball Road is an all weather road as required by the City's standards. At our meeting last week you and Karen ask why the wall is set off the property line. There are two reasons for • this; first, a liability and safety issue, TU Electric wants to make sure that an individual would have to be S trespassing before they reach the wall; second, there is a slight grade difference between the site and the surrounding property and the•wall is designed to at the top of the slope to provide the maximum screening. Requiring TU to provide the required buffer yard would be a burden since in most cases it is only five feet,which would be difficult to maintain and it would also require extension of water to the site and its perimeter. Currently there is no need to extend water to this site. TU Electric, respectfully requests staff support of these variances and a favorable recommendation by the Planning and Zoning Commission. Once you have reviewed this application please call me. Sincerely i Kei ackson attachments cc: Mr. James R. Deen, TU Electric Mr. Ibrahim A. Hu in, TU Electric • RECD DEC 181996 $A-3 1.3800 Montfort Drive, Suite 230 • Dallas,Texas 75240-4347 - A PLANET PACIFIC COMPANY (214) 387-0771 TEL ■ (214) 387-9714 FAX--- .-TA7t✓ DUTl! 281 1f11g18Z.L—.--•-----'—,_._— ARPQRATED I I / w 1 .� SA 5 4 P 2.An4 !Ac 5M A A A A� I jAC 3 3.95 Ac 2 1 IC , 4 •fl 181 7 f:\ IA iB6 V i YI . 4A \ .4 1 I Mi i , 1 iJ t Z640AC 501 84 ? ' 'iNin Ai-1 -. .:/1 -/ICIC 1• ID r"1'lr.• C t' / . . . • . • • (i 1,1.1,11 �' TRACT MAP - • • „ I , , , �' i •-•-- F •�; —�'0. �Q- "-- 18BI �4di�6i:: L]lWn:5B2 •— i <:..;.•0- • ..• z $.;-��• N 113381 •Y I� ,. _. , .2,. . . . _1 . . Ii V nay . ; � . 1EE11Y • Ift __ ,,�y,� iw Hirt., 7 Ac 50 3A1C4 11111111'1 �.7.T,���3A1F6 1./16�•eLe..yAc• .--`..`— ,0+ AWL. G pl. 10 A< s �xJ`�----\ 70 + 11 �� 10.98 Ac 3A1Fl '� •.‘, •.� iR 1X •• 2 PA , 1. 5B1A ,� --• r-} 3A,G2 •3AIE7 �r�7 SBi I 10 Ac Fes: L ® Zs '� fY 16�. 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L --1 !N 1 _-� 5B2C t..�`` 2A . I - . - 5828 587A 1 1 ,-_ •.•._Y i 5A •I 183 iB IB2 I ti_. • .: i 3C 3CI B NORTHWEST PKWY EAST 1 yr 1 2A1/ I- R , i 0, 38 FARE _ • Z�' 8A-4 D !pN e; W- --�; 1051,0 ; i 3D�'V.I. 1709) 2A2� �N(E BLW �] I 1P. 1 A ,; 4D FT` 741 ! I I I 1 I ' 12E1'; 2 1 " 7R I .__. I. `-.1n7.I 13 I 1 1 w ,„ i-,._r-----1-'—._.—._._._ ll 1 . , . ADJACENT OWNERS 1 TR 5A3A TR 3C • AND ZONING 3.75 AC 4.937 AC ) l SPIN REPRESENTATIVE#6 1 III DOUG &DANITA FIERCE , j_f_...Y. /' 1 TR 5A3 i 4 AC l AG . i • 1 jL. Rodgers I 1 • E.Taylor I 1 AG • pir . . 1 SF-1 A. • 1 to 9 K. Smith TR G. Starkey c���,P MF-1 I I e• I1 -PUD E. Taylor!\R. Vantil • 1 , I a N ,C01 4 NCI Building Systems N 5 CJA �jGOPA 31165 o S 1 EPI 6 O TR 3A2 R a 1JJ 4 � � 11.Sq0 Q 1Ill TR586 }i , }, 3 Q 2 w � 1 i 2 `� 1 8A-5 r isd City of South lake,Texas CONCEPT PLAN REVIEW SUMMARY • ease No: ZA 96-163 Review No: Two Date of Review: 2/14/97 Project Name:Concept Plan for "CS" Zoning Request - T.U. Electric Kimball Road Substation, being 2.456 acres situated in the Thomas Mahan Survey,Abstract No..1049 APPLICANT: ENGINEER: T.U. Electric Espey,Huston&Associates, Inc. 115 W. 7th Street, P.O. Box 970 13800 Monfort Drive, Suite 230 Ft. Worth, Texas 76101-0970 Dallas, Texas 75240 ,Phone: (817) 215-6315 . Phone: (972) 387-0771 Fax: (817) 215-6274 ATTN: Lonnie Frazier Fax: (972) 387-9714 ATTN: Keith Jackson CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/10/97 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. :a:.. ;a�x •:x.:......................e�:::::::.v.,•ro»�.-:»::::::::::::uu......w...a..m:.»•.r:}:`:;;ii:�+wr...r•:1+.m.•:::::.:•..•.•:.V'aau:es:' v_•:.Ca:.1.2:.vn.uw'7.•.+:.+a.s4MM:a_n-::n.:'>::«:: :•»-M::?::.Rg::•?'L.M:•:-:..:.:e 1. . Show properties along the east line of Kimball and label the owner, zoning and land use designation(L.U.D.). S. Provide all required bufferyards. Provide the attached bufferyard calculation chart on-the plan. Required bufferyards.are as shown in the chart.. Include the.intended plantings and bufferyards to ' • be provided in the chart. Any substitutions must comply with Ord.'480, Sect. •42.-f-g. Label the • - • type and.width of required bufferyards on the graphic. (P &.Z Action 2/6/97:.to require the 10.' . • Type `E'.bufferyard along Kimball Ave.,- deleting the remaining bufferyards and providing a.10' Type 'C'bufferyard on each side of and along the length of the concrete drive.) • .. . . • •- • 3. The minimum driveway.centerline spacing required 18 250'. .The provided spacing between the. • proposed driveway and an existing off-site commercial driveway to.the,south.is approximately . • . 100'. (P&ZAction 2/6/97: delete) 4. • Provide a minimum of 3 parking spaces. (P'&ZAction 2/6/97: delete) 5. All areas intended for vehicular use must be constructed of a dust free all weather surface material (i.e. concrete, asphalt, etc.). The applicant proposes gravel on the interior of the, site. (P & Z Action 2/6/97: delete) • 8A-6 ' City of South lake,Texas P&ZACTION:• SJanuary 9, 1997;Public Hearing continued to January 23, 1997 due to Resolution 95-24. January 23, 1997; Public Hearing continued to February 6, 1997 due to Resolution 95-24. • February 6, 1997;Approved(5-2) subject to Concept Plan Review Summary No. 1 dated January . 3, 1997; amending Item #4 (required bufferyards) to require the 10' Type E'bufferyard along Kimball Ave., deleting the remaining bufferyards and providing a 10' Type 'C'bufferyard on each side of and along the length of the concrete drive; deleting Item #5B (minimum driveway centerline spacing); deleting Item #6(provide a minimum of 3 parking spaces); deleting Item #7 (areas intended for vehicular use must be constructed of a dust free all weather surface material). * The applicant should be aware that new submittals for the next scheduled meeting must be . received at the City by 5:00 PM on 2/24/97. 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. * • Although no review of required interior landscape is provided at the Concept Plan level, staff strongly recommends that each lot be evaluated for compliance with the interior landscape area • • •requirements per the.Landscape Ordinance No.. 544 prior to preparation of any site plans for the individual lots. Landscape and irrigation-plans meeting. the requirements of Ord. 544 will be ' required prior to the issuance of a building permit. • • The applicant should be aware that prior to issuance. of a building permit a Final Plat must be submitted for processing and filed in the County Plat Records, and a site plan; landscape plan, • 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. ' • . • * • It appears that this property lies within the 65•'LDN.D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. . * North Kimball Avenue is •indicated as an 84' R.O.W. which requires a minimum. R.O.W. dedication of 42' from the centerline of the apparent existing R.Q.W.. If.the opposite side has already dedicated. R.O.W. per the. Thoroughfare Plan,• this project should show a R.O.W. dedication which provides for the ultimate required 84' R.O.W.. *. Denotes Informational Comment att: Bufferyard Calculation Chart • cc: T.U. Electric Espey, Juston& Associates,.Inc. .•WP-FILES\REV\96\96-163.1 8A-7 ' City of Southlake,Texas • SUMMARY CHART-BUFFERYARDS cation/ ngth of Required/ Bufferyard Canopy Accent Fence/Screening Base Line Provided Length Width/Type Trees Trees Shrubs Height&Material North Required 298' 5'-A 3 6 24 NONE Provided* East Required 220' 5'-A 2 4 18 NONE Provided* North Required 226' 5'-A 2 18 NONE Provided* East Required 80' 10'-E 1 2 6 H 1 Hedge Provided* 10'-E South Required - 522' NONE 0 0 0 NONE Provided* • West ' Required 8' Screening Device 70' 5'-A "1 1 6 per Ord.480,Sec.39 Provided* West Required 8' Screening Device 133' 10'-C 4 5 . 16 per Ord.480,Sec.39 Provided* *Note any credits used in calculations: a. • c. • ill Other Comments: • 3. 4. L:\WP-FILES\REV\96\96-163CP.2 ill 8A-8 • • • 11111 • l00 bH 13015 \ TRW,T""'ML 6296.E `� a SOO-Z96Z93 LOYD EDWARO RODGERS W1; a M °V - • ( \ VOLUME 9667. PAGE 230D TI r ® 1 IDRTCTI .I„ t. J •� L.U.D. k. MU ^ Irk g ZONING•AG -I; 2 '• 1 0 J a. a1ET . N. 5.81•70'50.E. 217.4/' 4i< I•p• 'p•�I•"IS[T 10 0 20 40 AO , £'q 4-1 t '� 44� a LOYD EOWAflD RODGERS I -� \ - - '„'�� -" v p{ 1, ` wm.aI��' i i -Si J VOLUME 9667. PAGE 2300 ✓•Balta 1All ,, „.., 1 1CALEI •x0' IDRTCTI \ j F`c+ ZDNI AG\NN IZ T • " T", W W�8 \ l:t:1.J:=i.1 t:i.1:?!�tl:! in i, !=#'i•l=ti;i. i i I :.':e•,•c c.t.i:;•f.:t.A. .ele•11�u�14N•I ` to-p41ed 4- I ....er....�...•a..,n..,'✓♦ {M:IuI ..... ... • VI Xo sCALE MAP KIMBALL $ _ o s.i•i °....4.,..... j C I N I TY CONCEPT PLAN • FOR CS ZONING REQUEST I _ _Aa ' j ROAD SUBSTATION i' _ ► I • 2.456 ACRE TRACT OF LAND �� ' IN THOMAS MAHAN SURVEY ABSTRACT No. 1049 f 9 ',E k.-.I\\\ _ �\ - 1 9 F �-� CITY OF SOU FEBRUARY ARO ANT99COUNTY. TEXAS L(". SURF CE ?'.." • \\ ! •O\N I J��A ilJ ELECTRIC pD 'iPE F• �- : • Q I C. ^ LONNIE FRAZIER-SITE PREPARER (f N \ >r 115 W 7th STREET VOLE ' • .\ • i-ip+,1+� I I '�'J QI` •Q4 i P.O. BOX 9/0 'p POINT ,r�•'� _ �Q�'1~ 4'•"'1•%%•J I�i��I/ / . `2` C FOR/WORTH ' TEXAS 76101-0970 BEGINNI• �J)'', .f :_ .. �` I - I. AAQG - (817) 215-6315 t - i 11.1111 1 - Q' L.1.) S• Q _• •i 1\ n •,�P�� VARIANCE REQUEST: Ll>I a :LOCK A �[ SUR •EL , 6 ' ) �X�lu1. - A �`O�� I. GRINAVEL L IEUSOFFACE WITHIN ALL WEATHER SITE URFACE - I t .a B • I i••-••i•-,.4 I i, p DUE TO SAFETY CONSIDERATIONS. tg o it 7 ..1 ' t' I �� -� LOYD EOWAR: RODGERS KENN£TH SHi • \\ i""'�4,""! I - - VOLUME 9667 PAGE 2300 2, 8' MASONRY WALL IN LIEU OF I 6E 7404. PAGE 184, M \ / -. 10'TCTI 1 i IDRTCTI •�--� s k-. L U+ =MU REQUIRED BUFFER YARD. 1`� L.U.D. =ue0. Dens. Res. i \\ 2.456 ACRES ;'•�•( f'-� : j ZON G=AD iJ <I 0. . > s ZONING=SFI ` ' cti •.4 \\ C106.976 SG.ft•74 1 / •, • \COO w \1 ZONIN .AG i .:1 4i 1\ : / LI¢ ..OP. L.ya.D.,.�vJAI. .^y, Y..� ... ..^ 1..:,e.t�....I 9 ¢m, \ P'OP. ZONING L.CS r I �••• ••J`tom. 1 5 0' I p { EIS -��� ilrhri I • r-rilri F py 1 � • \ • \ i4si'hi \\ erlricAti Q� j •1•I.a \ \\. SEf 0 YI` \'�� GRAVEL-i•il \ S.e1.70.10•E. i2Y.21' �; 0TE �, + + \.4 1 ...h -� SURFACE I Rto XI c ,\JC'< \\ � •: ..•:•1/}•�\ - LAN, CAPE AREA MATERI• i 1 I1 Et=^„n; O 5� \ --' '\ I q BASED 1N TYPE 'C' BUFFER wTI:R .1 \ F P \ �1I \ - REOUIR .ENTS. LENGTH OF EASEMENT to' TYPE Li• I •sit+� + \ Q� \\ `\ i IS BASED 1f DRIVEWAY LENGTH. BUFFER VAR' i' ygj LOT T `': n.\•a�.w',•.' :..ioi.i.'y.... ! - 6�m�— �� [_,,tsE.�iv( _I 1 g w, ROBERi VeN TIL olF, eCl:i^:I:i.�Ef '-•^•'.� .^"w.^«:`�.'•s - �.� .t_____ I ` // v0LU4E 7420. PAGE 1219 f 1i,:{-.•,+ _ 61���••••�- - -.� I i O I- . '::�q::.Fq.::} I\ _1 CpL1CPETE _ '�r'f^ =,Q W N r `. Darcn laa'1.:1'13'i !aa"t9`.C'1:l:P - — ppIVE 74• '.. II LnL.U-D. = ea. Dens. Aes. - I -�20NI C MFI121 0'-"� - EXTRINtE I = t ° LDN` e'eau.mi \ 1" ~Z • jonmegoinir \ eie�Y� W _4'A ROS0 AIR[ CIIE wt: , eARA[D•Ia l�fe•...4 :}[ '• I Y,_ 0 V). • BR7 ARWOOD E TATES LOT 2• BLOCK I " N�n ra - Q MINARY PLATi I •"-•' • • _ D ANi vOLUME _BB IJ PAG�0.E uESCO BUI =G CORP. .0.0�, ; ••\ / -.� tL g[. _ HASE t PDAIC I VOLUME 5.190. GE 782 cry/ _ _ -,� o O OflT I 248 r-= - ._ se L. LOT 1. BLOCK I .a_[� ^tl ,n / AESCO BUILDING CORP. I' I `aE SING II PUD �"� I CHAISE —�� Q: ^ - • IP.R.J.O. -T.I �[y��(��7. •- I H �- - 1 L.U.O. II YI ......-- ZONING 1XIY[•Ar Y u LEGEND • I v I•uD- 1 In a S • .0114 X.1„LEGE PLAN VIE I \ I •I I scull �`: i I I ":11'1'..'fu 4:-:1 - I E 62962-005 111 I'I I, • CITY OF SOUTHLAKE, TEXAS ORDINANCENO.4480=229 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 2:4'56'-"A_CRE , BEING A7PORTION``OF TRACT a3B SITUATED IN THE THOMAS MAHAN"SURVEY; ABSTRA;CT NO: 1:049,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROI4"AG"-AGRICULTURAL DISTRICT TO 'CS''`--COMMUNITY-SERVICE "DISTRICT, SUBJECT TO THE SPECIFIC.REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING - ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; • PROVIDING FOR A PENALTY FOR VIOLATIONS.HEREOF; • PROVIDING .A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND. PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a.home rule City acting under. its Charter . adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, • ' WHEREAS, pursuant to Chapter 211'of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting thepublic 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 t 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 S 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\480-229.CS Page 1 8A-10 0 producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a 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, IIIWHEREAS,the City Council of the City of Southlake,Texas, does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire, panic, and other dangers,. promotes the health and the general welfare, provides adequate light and air, prevents the over . crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation,water, sewerage, schools,parks and other public requirements; and, . WHEREAS,the City Council of the City of Southlake, Texas,has determined that there is •• a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally.classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the.community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City. of Southlake,Texas,passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: — • . Being approximately 2..456 acres and being a portion of,Tract 3B,; situated in the Thomas Mahan Survey,Abstract NU;1049„and more fully and completely described L:\CTYDOCS\ORD\CASES\480-229.CS _ Page 2 8A-11 = • in Exhibit "A" attached hereto and incorporated herein, from PAG"-Agricultural District to I'CS";Community'ServiceDistri ,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\480-229.CS Page 3 8A-12. • 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,fme 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: 0 CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR S L:\CTYDOC S\ORD\CASES\480-229.CS Page 4 • ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY • • L:\CTYD O CS\ORD\CASES\480-229.CS Page 5 8A-13 • • EXHIBIT "A" S BEGINNING at a 3/4 inch iron rod found for the northeast corner of Lot 8,Block A of Briarwood Estates, Phase I,an addition to the City of Southlake,Tarrant County,Texas as recorded in Volume 388-139, Page 7(DRTCT)and being an interior ell corner in the west line of said Rodgers tract of land; THENCE North 00 degrees 33 minutes 10 seconds East,departing the west line of said Rodgers, a distance of 97.23 feet to a 5/8 inch iron roe;set for corner, THENCE South 89 degrees 30 minutes 50 seconds East,a distance of 297.89 feet to a 5/8 inch iron - rod set for corner; THENCE South 01 degrees 16 minutes 22 seconds West,a distance of 220.02 feet to a 5/8 inch iron rod set for corner; THENCE South 89 degrees 30 minutes 50 seconds East,a distance of 226.29 feet to a 5/8 inch iron rod set for corner in the west line of Kimball Road,from which a 60d nail found for the northeast corner of said Rodgers tract of land bears North 00 degrees 01 minutes 14 seconds West,a distance of 748.89 feet; THENCE South 00 degrees 01 minutes 14 seconds East, with the west right-of-way line of said Kimball Road,a distance of 80.00 feet to a 5/8 inch iron rod set for the southeast corner of said Rodgers tract of land; 'HENCE North 89 degrees 30 minutes 50 seconds West,with the south line of said Rodgers tract of land, a distance of 522.22 feet to a 5/8 inch iron rod set for the most southerly southwest corner of said Rodgers tract of land and being the most southerly northeast corner of Lot 7, Block A of said Briarwood Estates; THENCE North 00 degrees 33 minutes 10 seconds East,with the west line of said Rodgers tract of land and the east line of Block A of said Briarwood Estates,a distance of 202.77 feet to the POINT OF BEGINNING,containing within these metes and bounds 2.456 acres or 106,978 square feet of land, more or less. • L:\CTYDOCS\ORD\CASES\480-229.CS Page 6 8A-14 ror' CD n C7 •. O O ' • a 100'OH 1335 Rov°nue CV \ _ 6296_.0 ril)0 Z96Z93 •\ LOYD EDWARD RODGERS YI-, •Q ` •••• S VOLUME 9667. PAGE 2300 A _ lDRitil SIB § ® `J Q `� L.U.D. MU L •_f N .� m N 39S' ,a< ZONING.AG FIX R - P ' ` m,�,ai� 1I1(�_`td j\ re•"o� rrr•b•• I^ I I p it orig. (.„J O \YY ti I.R. n tiff \ s.B9•]0'S0'E. 29T.E9' t. A It•ro 'o•rol.•'5E1 10 0 20 AO 60 51. I' L7 EMMA LOTS EDWARD RODGERS 0 _ - I � � 1 , •/ "`•a„•.. r_ 26. W i VOLUME 9667. PAGE 2300 - - cm. J' N N— A •'cilia.:u 7 x I SCALE, I.-z0• • W'� J a I ORTCT I rAa.7a a gi 11 ' E L.U.D. =A111 �\ •• : 1 Y ��J zDN1 =AG . \\2 .1)it. :a11i1;11;144F1:1 _- -- f171 GFl W 3 \ 11.:=4I1'1111.1 3.1.1•E•%i:i I •D \ o..",•ri„^r.e>i!:.Yr.`...... �i...6aAi'sa7r-.lfl: I z.: ••'1 „ .,,..... i VICINITY MAP CONCEPT PLAN �j NO SCALE FOR CS ZONING REQUEST ( ''''.----.......-- _ - Rr j( K 1 M6ALL ROAD SUBSTATION w «E \\ 2.456 ACRE TRACT OF LAND • $ L': \ 'I • - / IN THOMAS MAHAN SURVEY ABSTRACT No. 1049 •• 1�' \ '- ' I s =� . -L CITY OF SOUTHLARE. TARRANT COUNTY. TEXAS A•BARBED WIR •mr"T -3, •' \ ..,• 4, FEBRUARY 10• 1997 IRW GRAVEL i-Y 7..1 \ I1♦ 5 .IPCE W �SUflFACE •7 t \ I Qt.P I JQ`��• TU ELECTRIC • \ r� 1 ^ LONNIE FRAZIER-SITE PREPARER pf P POINT . \ sy`� I - i •, " C1 • 115 W. lth STREET G •I J2-\ F�a•%%•1 f �1��1� / P O• P.O. 80%970 'O I 1�...��(( BEGI NNI` ','?Of.' . ��., i` f p� Ct'� FORT WORTH TEXAS 76101-0970 E l+A Q�p - f f - (817) 215-6315 1 phL PPG • W. R1 oo 17�la n •! --f 111 w <5 CO VARIANCE REQUEST: L `� 1.'g a1 ed S • :LOCK A 00.E -29 • SURA EL I•wry, �••• —""a1tl111. '��Q0 1. GRAVEL SURFACE WITHIN SITE .- ..T 8 1 A - i A IN LIEU OF ALL WEATHER SURFACE � L' Lit KENNETH SMI • I 'Y\ ' 8'. V • I DUE TO SAFETY CONSIDERATIONS. o ' LOYD EONAR RODGERS JAE 740A. PAGE 184• - I = \ +• �•+ f VOLUME 9667 PAGE 2300 — 1�_{ I DRTCT) q \ f �' (D CT) 2. B' MASONRY WALL IN LIEU OF I I g { W_ D. =Med. Dens. ROW. . If \\ .�_y._..-1.•rL. 1,.t..1 4 L.U. . REOUIREO BUFFER YARD. I^ 1i 4 I ZONING=SF - \ 2.456 ACRES er r( E : ZON c-AG J al e u \ 1106.978 BC. ft.).......-- . • j. I O. \600. O. \\ DOMIN .AO n*•+ /Yi�\ / N I CC $ S 'a W 1 ..OP.L.Qy.D.. W.r. .—<....Y..: L.... .. l�Q.ell�... - !£ {I .'. ii. 1 \ P'OP. ZOt7INC .cs I f , _'�_• I d. \\ Y^.^1':"t 1 Y.^.'t^:'t Q p� I 1 590'- to o $ \ s-%�. li \\ n:47 ,1 q' �f�' Ks.I.A . I �Iu, PI \ -•••.f t•."Hk GRAVEL- \ • `� J is R•.e• S.'.�•, S.BS•,0'B0•E. 22F.P9' fi a \ \ r-' I•� � ) SURFACE i u� . I IC J� -ai... �';\ I = LAN. CAPE AREA MATERI s iiiD �?�•, F Py� \\ ZIP I:l \♦ 9 BASED AN TYPE 'C' BUFFER i ..-� I \. Ii \ Q�` \ \ I _ REOUIR CUTS. LENGTH OF EASEMENT 10' TYPE • I I \ •�` .* \ IS BASED 9F OR IVEWAY LENGTH. ' •• BUFFER YAR. ��ryf Z LOT 7 e.... .^ ... .o i.l.' 7.777_,_ Y•f i ::— O ROGER( VON TIL '0. o•.. oi.),3•. BOG• :::lo.1•io::::in • - .-�'^ - FNTPA•CE,ORI, • - vOLUAE 7420. PAGE 1275 .T �G:1•r::::14'77;1 ••' . giti��n..:.rv:1i __ � / _ OPfCI, �:,:. .,.�.r:1.1.i .P 1:74;:'....;72.-......-.._ nla�'".'� - _._ - { / I 7:24 _laa' Itl_5:.. jal"t.'. - ._ p7I q[TI,�._L.D.D. 0. Dens. Res. i `F'C'1:1:1• ` —e-ORGIVENo- �r-lsT�\\ Z w _20N1 G A A61 ' •21 ``�� .� YI �� 0.E� 4A1E5 �\ -`` I I a ` \ B'BRICN \ I - - •1 2''T\w. n•7 • H-• 1.. 9'BAPBED MIRE I DATE I 1 N - /(P BAPBEO C1• �I h Z BRIARWODD E TAtES ' LOT 2.-BLOCK 1 I n, Nern. CC V3F I v` �U N J =PHASE I IMINARY PLAiI / " a.�N ' ma • 11 1111PfT V J. -VOLUME }BB-I] PAGFR4EIAESCO BUI G CORP. e •I — •r-� �1i• — —� — — x 0 AN! O m I OM 10flTC l VOLUME 5A98. GE 782 _ _ _ — _ — — — — VI. I ORT 1 POFE '�"'�— 4 LL^ L• =BAl LOT I. DINGI. I c Y ONING 11 PUD '0"9 ~ - �� S£SCO BUILDING CORP. 9 -� I CABINE F_327� I N `� 1P.R.T.C.T., I[=aA T. I — —_ 1 U.D. .MI if VEWAY • N _ LCI.L NO I ZONING=II I'UD�' I •T.1'• .-. WWI NAL CONTOURS_ PLAN VIEN i I p g Nrn c . SF0.11 0..0' 1 I N E 62962-005 , Slr[I MI.001 .. — City of Southlake,Texas STAFF REPORT • February 14, 1997 CASE NO: ZA 96-164 PROJECT: Preliminary Plat/Rodgers Addition STAFF CONTACT: Tom Elgin, Planner II, 481-5581, ext. 753 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Preliminary Plat for Rodgers Addition,being approximately 16.846 acres and a portion of Tract 3B situated in the Thomas Mahan Survey,Abstract No. 1049. The plat proposes two lots. LOCATION: On the west side of Kimball Road and approximately 1,400' north of the intersection of State Highway 114 and Kimball Road. OWNERS: TU Electric (Lot 1) and Loyd Edward Rodgers (Lot 2) APPLICANT: Espey, Huston&Associates,Inc. CURRENT ZONING: "AG" Agricultural District • LAND USE CATEGORY: Mixed Use (may include office buildings, hotels, and commercial and retail centers that serve local and regional needs) NO. NOTICES SENT: Eight (8) RESPONSES: None P&Z ACTION: January 9, 1997; Approved (7-0) to table until January 23, 1997 Planning and Zoning Commission meeting at the request of the applicant. January 23, 1997; Approved (7-0) to table until February 6,, 1997 Planning and Zoning Commission meeting at the request of the applicant. February 6, 1997; Approved (7-0) subject to Preliminary Plat Review Summary No. 1 dated January 17, 1997. STAFF COMMENTS: The Applicant has met all items in Preliminary Plat Review Summary No. 1, dated January 17, 1997, with the exception of those items addressed in the attached Preliminary Plat Review Summary No. 2 • dated February 14, 1997. L:\WP-FILES\MEMO\96CASES\96-164PP.WPD 8B-1 1 -.4-.... 0 1H4. — U/ 1 28 28I,( •'i•ome.`—•-- —•--.— 1 : iW to \v .� ..� UNINCORPORATED' � P InLi 5 `� 5 4 �� �R , es At 5A1 A A A A 4 4 1A1 . IBI 1.71 Ac 3 1.95 Ac 2 1 2 3 4 4A 181A6 181A�• \ IC J�S IC A _ _ _ 3.J2 Ac \ I �� 299 Ac 4D j \ -1' n �) 1 1 �p !� i • 2.64 Acto. ..c. 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A-fG• -• 28\ \2\ • � �i`- • 1 N . .IF I 282 283 289 285 2810 724 1--,; 3 2BIA 2C1• 5 SCI '.-5D1.-- 1`• '. 3A2 3A1 sly , 2) x 21_ 2N �7F 2J pI t * CITY E _ i E AHAIL x! i'` p i ' �p r1 m•� �,~ /P' • {.' 2x 2E 20 2R w r _ 1 -! oJ- --- IN I sex r' i } - F--i GF5512A 5828 582A 5A 'II 83 18 182 } 3C ` B • ORTHl4iEST PKWY,a•ST ' • • i f" 354 3B ~. m ; R ; FAR _�.____._._ 1 1 fA OR NI. 8B-2 p��pN i ' z::: ` MAyF�E� ' 1 _ _ _ 7(Fu 1709) 2A2 tlG..�EAS`'� © . .L' L—_.-.__y._._.___ HLJa1HLCN I OWNERS I TR 5A3A TR 3C AND ZONING 3.75 AC 4.937 AC SPIN REPRESENTATIVE#6 DOUG&DANITA FIERCE 0 -- ----_. .\., .,,---_-'_:..... .__.---''' • 1 I TR 5A3 4 AC 1 1/ ' /( L. R gers ; . ''', \ 1 1 E. Taylor I AG - ; . SF-1A + ' . ., d 10 g • K. Smith -. !±' _ �_- TR G. Starkey - t c, ' - . -. ;. - _ AG . c����. , ''CIF-1 .3u s 1 . n. I1 —PUDV E. Taylor� . R. Vantil , 6 • - - 1 aAp 4 NCI Building Systems Z I iAU G0: 5 A10 ' At- 5 P S500 ,si ' . o I - S1 - O ' TR 3A2A N 3 4 • 11,51 Q• Q �9Y TR 586 f 4 AC i / Z s >- 3 ` z u; 1 l E` " V 2 4 r 8B-3 r i s>� 1 , City of South lake,Texas PRELIMINARY PLAT REVIEW SUMMARY 110 Case No: ZA 96-164 Review No: Two Date of Review: 2/14/97 Project Name:Preliminary Plat-Lots 1 &2.Block 1,Rodgers Addition,,being 16.9 acres situated in the Thomas Mahan Survey, Abstract No. 1049 APPLICANT: SURVEYOR: T. U. Electric Espey, Huston&Associates. Inc. 115 N. 7th Street 13800 Monfort Drive, Suite 230 Ft. Worth, Texas Dallas.Texas 75240 Phone:(817) 215-6259 Phone: (214) 387-0771 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/10/97 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. .Fr.r}%?v::???};:r:4!{•};^:{. } •.;:.h:.yr:x:;•.}•v kv: r •::{:•n;+{{r•.}i•.}vv... }.•}vi fir.:.x.............. x::.:::v:w:{.v.}•::::::..r..n.n h it,v,Ir•. { \+C: { •.��.,- :.• :•"•.•.•.:9p v. .v a vn;: n. {•F,•x:-,:•v'Fr:.v v:^}':.wrr.':";rr•.�::'+�•%j:.:....r.....r...:...vx`:.:•rf.�•.v}:n:v..v.:•:::..:•r �i:.✓.r..J...nn::rr::.i'Chi$.�k..ii\i.�.`•:.r.�-.:':iu.tiiG'.u.•^•^:.. r.:M1k':'i."?.'tiff?.`•.•:i}:{?�L•.v::::'vi•.<:{•.•.:.4:.:.....n.:0.4.}..•'::.•::::• r:v:.• rr:.•.v'i'':.::.^ir.•':•:r:}:.:'% 1. Provide the name and address of the owner of Lot 2 on the plan. 2. Show the dedicated west R.O.W.line of Kimball Avenue as dedicated by the final plat of Lot 1,Block 1, MESCO Addition. The R.O.W. dedication for this property should match at the northeast corner • of Lot 1, Block 1 MESCO Addition. • 3. ,Correct the "Quantitative Land Use Schedule" as follows: ' • a. Change Proposed Land Use to"Mixed Use". b. Change the number of dwelling units to 1(for existing residence on Lot 2)and change density • to 0.06 DU/Ac.. c. Change net acreage to reflect the land area less R.O.W. dedication. 3. Provide interior lot dimensions for the north and south lines of Lot 1 less the R.O.W. dedication. • • 8B-4 City of Southlake,Texas • P&ZACTION: January 9, 1997;Approved(7 0)to table until January 23, 1997 Planning and Zoning Commission meeting at the request of the applicant. • January23, 1997; Approved 7-0 to table until February6, 1997 Planningand PP ( ) Zoning Commission meeting at the,request of the applicant. February 6, 1997;Approved(7-0) subject to Preliminary Plat Review Summary No.. 1,dated January 17, 1997. • * The Developer's Agreement for this addition should consider perimeter street and drainage, park dedication requirements, off-site sewer extensions, and off-site grade-to-drain permission. * This property lies within the 65 'LDN' D/FW Regional.Airport Overlay Zone which will require that new construction meet requirements of the Airport Compatible Land Use Zoning Ordinance No.479 and will require that the"Avigation Easement and Release"shown in Appendix 3 of the Subdivision Ordinance No. 483 be executed on the subsequent final plat(s). * Please note that the existing house located on Lot 2 (Zoned "AG") will result in a non-conformity with the "AG" Zoning district due to the encroachment of the front building setback line. • * Denotes Informational Comment cc: T. U. Electric Espey, Huston&Associates,Inc. L:\WP-FILES\REV\96\96-164PP.2 • 8B-5 • 0 0 t 1 • 1 C L , • I) THIS J ES• 1 I �A)NPORT OVERLAY 701E DFZCOLYD PI . IMA OF SOURRME M SE0 5.D]r11c ORDNANCE . j 2) TRS RN DOES 110T REPRESENT AN ON TN 1 ORONO SURVEY,DM PEAT O FOR PROPOSED j I WOWS OILY. armor. I _ I 1 ' - j _ . I I I I I /• j s� •ws o•. — r • • sr .v ,•. � i I I Mums SENT R DT•• ,ag—qq 1®.. !. lift lSlAt•!!gN[ • I I .• WE :0 A• • NMI • Mw • r I i ; K•j 1 1 I • j j I j I j 1 I I 1 • .r i At1/ s '2- :•••••••04 ' I ''' 4' ii Pp r VICINITY MAP P � inn—A CO �PG oj AZPU�0D0O°aao • 66 P� i.j I� p�g� arrow i � PO ARDYIMM it;i „, ; LOT i ROOEE . j • i, j • i •..�. m �` M�=may w wwm=••1208 —1 i le / w.. ELL ELECNO r r`_ :-7 i .11Mll 0/NY r.Pr y r• .�•1'Sr� v o.S L._._._._._._._._._._._._._._.__ ▪ � a•.r-r�r.••r.rr II \ / — SO •w7o•c I 1 I1 II I 41 n•o�.nmow•'..� I.:SD.".r`.i+:�".S...r.S irli W Jc(acr r - /.,9' RECD F E B 101997 �•'/ P Ca..No.ZA 9e-164 / / 1 / ii ,',�� /,,. I I PRELIMINARY PLAT I RODGERS ADDITLON I I 1 i i I 2 Lots 18.844 Acres City of Southlake, Tarrant County, Texas • I�.,.__ Ij Thomas Mahan Surrey Abstract No. 1049 I , . . ........... •.a.r WM P.6MIA City of Southlake,Texas • STAFF REPORT • , February 14, 1997 CASE NO: ZA 96-160 PROJECT: First Reading/Ordinance No. 480-228 Rezoning/Lot 4,Aubrey Estates STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Rezoning of Lot 4,Aubrey Estates,as recorded in Volume 388-142,Page 41, P.R.T.C.T. and being approximately 6.854 acres. LOCATION: East side of South White Chapel Boulevard and approximately 1,300' south of the intersection of Pine Drive and South White Chapel Boulevard. OWNERS: Aubrey L. Smith and Rosa Lee Smith APPLICANT: Interwoven Design CURRENT ZONING: "AG" Agricultural District • REQUESTED ZONING: "SF-1A" Single Family Residential District LAND USE CATEGORIES: Low Density Residential(may include limited low intensity office and/or retail uses) NO.NOTICES SENT: Eleven(11) RESPONSES: Two (2)responses were received within the 200'notification area: • Lenora Herron, 500 S. White Chapel Blvd., Southlake,in favor. " . . . I expect this is what the Smiths wish to happen." • Mark Fowler, 410 S. White Chapel Blvd, Southlake,in favor. P&Z ACTION: January 9, 1997; Public Hearing continued to January 23, 1997 due to Resolution 95-24. January 23, 1997; Public Hearing continued to February 6, 1997 due to Resolution 95-24. February 6, 1997; Approved(7-0). 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. L:IW P-FILES\MEMO\96CASES\96-160Z.W PD 8C-1 . i__,;‘,-,,--, , __ ._.4__. 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I % : �.c''-jam,%) • • k� i % ,• • 45 • i , , r-•4 may_ i e-�! •- •%�%•• s \ it,' �'. ;-1...,► .12' 1��•--'� f i ! Via' '',!Ck! f j i `•-' \•ti-% 'r••/ •%• j • -1• , Z. ' 2J.3 Ac 3263 Ac I 1 1 ;\ 1- :LI .L_L4MEL. .%1 •q .7 9E • • `. t• , .• cJ� �. , / i •; i •% l• `Ws®ddlG 1 . �_. f� ; ; ; ��! c. 1 f • szA%Er A-WJ7 IC fA2` �':b 1F , ' ;_ TRACT MAP lirlililIBL3*•.,:-....1-.3 e "••. Ic' 1.a �i � . � � L `l '. BY 8C-2 ! JAI ' c' -f � ADJACENT OWNERS ; if .fij I 15 O CgA ; j SPIN gEREPRESENTATIVE#10 TR 3M 1.0 AC 7R 3D1 Cr 1�j j AL MORIN • t.o AC III j TR 3L bo ) 8.31 AC ^. p • 1 ( /' TR 3D `-' •i .98 AC A i _._...___..._. .�. .Cash TR 3N t. y f • J 3.010 I {'t S .a V6 Ai.,;,- rt9 1 TR 3N2 TR 3N1 { ` • i ) 1.5 0 13 1.0 AC 4,* I s TR 2 L. .59 - �. TR 2A iAG' `--- A. Richardson $ 1_0 _• y N/ZP '41�� AG ` • Bg' RIpz,. AT- M. Fowler -Go Gj �'� ` QTR 2A1 ". N R. G� DDja,�• - �`� A. Smith 14 ,( 1 TRCt G. -Nil1 G. Davis • �r a - if �'• H. Kovarnik �� f• pta (� 1 . ..J 31 G. Davis - - '� ,t u' Pj `.'�P :: -.A L. Herron 5c . JAE ACRES C AG � TR 381 r. 1.0AC 1 •H. Kovarnik 1 ..., . s, . ---'� Tjo •• AG • •• , W. Anderson jI ''1O ( . J1CSF1A3.1490•`• � • . . g • H. Kovarnik : i, 1110,- fa , aa O 38! ..• . Svi�V�TR 4 _ i `2' i >> 1.63 AC 8C 3 • �- -- s ' 2R1 ro . 0 0 41 0 411* 411.1441 /"ell :011'.LaT 2 9"6. 4* IKTILOONSOT LOT 2 \ 41* II ...,00 ... _ IiiiiiiIIII I I 1 , • •11.24.00i • LOT I . :l LOT 0 142.20. • • •.• K OSMIUM NO.OM OM. • 20ND W. • MK I.MKT NC MK NOOLFONIN • TIO N.NMI OMR KM .0111.J.IL WI! 0::.: ' ' ' 41"/ '.;':::''' 5170110 OK‘OT 1.1117:Wllo.0 WI. I N:0-waa. --- - ONTO AO / ,s,..,...... .c" ........1.0.102....01.1..... IMMO NM I.MS if / ) 4 3111 2.MK 0.41 YU •MG wq-Ott.MIL 0.2.TLL • 40 L MR Os012..0. RS KOLKNO.12.KM 441" „102KLIDET 40) =LOA MOT 10 MN T.OWN 4 f/ ti..........--- 1.144/0112 NS NT.MI.Pll II. T.C.T. .2 I.INTIL OMILL ILKI. 'V ...... LOT 4..-.. 4 LOT I i , INIVIT RUM=....\. \ DORI SWIM KO RN WW2 20.124•OL li 110.2-7401 .0, nveOr.7oT—NIr.KN.0 O.v.ne.L1l.0d_.UOKcLMO NiOf,O m0N/00oL/s 1M2.1U 0M0. ...A.1 nRM.LULI Aiierlg 11 1.m10e0=m10oEE OalNL OM NnO IR IiK00 ta4 k 14.M4.. K•TO*ICIT POIM M ' • ........ ZONING EXHIBIT IT C) a40 i SHOWING _. ; s ew -101 LOT 4, AUBREY ESTATES STATES mar .I NM SOL 9•02.10..TILL CYLT.O.L ' AN ADDMON TO THE CITY OF SOUTRIAICE.TARRANT COUNTY,TEXAS CIO N.MIR MALMO. • KONA;IX Mel - WI AS RECORDED IN VOLUME 35B-142.PAGE 41.P.R.T.C.T. M M 0711 mur ....in4.....r.v. ...._ ' - — —___ ' AP • r20. n "'"'z'n • EXISTING ZONING"AG" '•. +e* .0. TOOT 10 NYC.glidell LOT 1 . (PROPOSED ZONING SF1A) _. NM 21 M.00.1.0.1210. N.INOMERNT NO.OM AM LOT 1.ILCCK I. ioep NKI, MOT WPM PLMX M.= NIMICO L POOPS AO WOO AN VOLNIMMOINKM .... 120 SLINK 0440.1•111;. .NO MIT 1.00116112.Pal KONA=KM PICUrri W.? ': • . . / . . ' - . . • . REcrD DEC 1 6 1996 . APPIHNIO SIT TMKAMM•MING WW2.KM / • DAM 11112---LLT OP—JUG 6 -../6 0 OnMk WM,L NM Sal DM MI INITIS 0412.0.1 On L Vina casKL Nab tespuivr.,.... 174.1s,ff.r.r.-:-.Ar.:v.,w=sr.r,z,--1.1 rw,z,frass SW—sw-- MUSK INSKOVIS.DITMILTOS KORA. ON T.MI=KLEN MY IMIK.A..1'TIC CITI CCUNCIL CI K.... gr,..74.1.TM cs.—me ITIS MINN Or 820.e2. OK LIAM DAWD C. ACM, OlT21 • Pam.11tt no Surveyors.. lac. • • IgarNIMOTT2 IMMO PINTIT014•11. LAM LOKI. ASTMS i :=VAIV/Z MO KG.No NM 121T1 0.1.-•11. . Nat. rsOONS,' f '"` MN,KM VIM im--tr-LGOTI-1.... No-4. • ' . .•:4:,!..-.,:ii'iii:::',Ai,.',..•i!i:§, :M.:'illtir.1.;ii !;.'i ',.:ii,*• ':*;:iiiiii,:..::.•.'.:2',' •''A.:•''`ill'll4?:•T'.i ,,,,i: :,::*Y.: . .,i;::.,;.,J4i.1i.... :".3riri:!. .,,.i ::;:;:i:ii,Szii.*::: ttiiiiiig, .,EiNWAN:,.,i44.iii .;:.:,.:,,,:i0i„..:iii:.• •;ii.:i ii‘ .,- ..„;• :..,.:.ii. .. .,:„... ,.:•,,... . ..;:. ..:.,,, :...:.•'`'%!*:•:,•:,. iT." ' . • - . •''..“ -•••••••.. • ' •, -' • . •••• ',..• - ... .. . . . ..• . . , . . --• --- ' • ' . . • . . • • CITY OF SOUTHLAKE, TEXAS ORDIN::NCE-NO =-480 228 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 4 AUBREY-ESTATES AND BEING APPROXIMATELY 6:854 ACRES SITUATED IN THE HIRAIMEGRANBERR -SUR`?EY, ABSTRACT;NO 58'1:,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROMM!'AG"- GRICULTURAL DISTRICT' TO C SF=IA'7SINGI✓E-FA_MII; ItESIDENTIAU DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; • PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business,industrial,residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety,morals and general welfare,all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as `AC'r" A:griculiral) pyttiq 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\480-228.SF1 Page 1 8C-5 • facilities in the area immediately surrounding the sites;,safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does 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 of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation,water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas,has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed • and amended as shown and described below: Being Lof:4,-;Aubrey,;wEstates approximately 6 8547Ea_Tos situated in the Hiram L:\CTYDOCS\ORD\CASES\480-228.SF1 Page 2 8C-6 • Graiiben`"Survey.. 'A-bstraefNo..=,5811 and more fully and completely described in Exhibit"A" attached hereto and incorporated herein,from AG2;Aglidultural.Distri'ct to s"SF-1A"`Smgle;Eamily Residentia�i wDistrict. 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 41) 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\480-228.SF1 Page 3 _ 8C-7 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: • CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1997. MAYOR • L:\CTYDOCS\ORD\CASES\480-228.SF1 Page 4 8C-8 ATTEST: • CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY • • L:\CTYDO CS\ORD\CASES\480-228.SF 1 Page 5 SC-9 I • EXHIBIT "A" Property being described as Lot 4, Aubrey Estates Addition, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-142, Page 41, Plat Records, Tarrant County, Texas, and being approximately 6.854 acres. • • L:\CTYDOCS\ORD\CAS ES\480-228.S F 1 Page 6 8C-10 City of Southlake,Texas STAFF REPORT February 14, 1997 CASE NO: ZA 96-165 PROJECT: Plat Revision - Proposed Lots 4R1 and 4R2, Aubrey Estates STAFF CONTACT: Tom Elgin, Planner, 481-5581, ext. 753 Dennis Killough, Planner I, 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lots 4R1 and 4R2,Aubrey Estates, as recorded in Volume 388-142, Page 41, P.R.T.C.T., and being approximately 6.8541 acres. LOCATION: On the east side of South White Chapel Boulevard and approximately 1,300' south of the intersection of Pine Drive and South White Chapel Boulevard. OWNERS: Aubrey and Rosa Lee Smith APPLICANT: Interwoven Design • CURRENT ZONING: "AG" Agricultural District LAND USE CATEGORY: Low Density Residential(limited low intensity office and/or retail uses may be permitted) NO.NOTICES SENT: Twelve (12) RESPONSES: None P&Z ACTION: . January 9, 1997;Approved(7-0)to table until January 23, 1997 Planning and Zoning Commission meeting at the request of the applicant. January 23, 1997;Approved(7-0)to table until February 6, 1997 Planning and Zoning Commission meeting at the request of the applicant. February 6, 1997; Approved (7-0) subject to Plat Review Summary No. 1 dated January 17, 1997. STAFF COMMENTS: The Applicant has met all items in Plat Review Summary No. 1 dated January 17, 1997, with the exception of those items addressed in the attached Plat Review Summary No. 2, dated February 14, 1997. • L:\WP-FILES\MEMO\96CASES\96-165PR.WPD 8D-1 •••• •=•••7trr.77-7---7C-11". m- p '-. ,-., __-_ .-_ 1--4--,--• .,‘‘•\'...1‘ 'i.% l 1 a, 1 i.-4....L.woOD_____ --1--I ----H34 It .." low HilIRT roo!„..k... ---- -±-• ' ! ! i ti . >-.4--1-- ,h ---lr 2.----...J -, 0 • . "i!r"-j 1 Dr-4---A-60--0- --oirfi-1- . „,._______ 71405 - ---,--sq,.r k __,-- ! , , , 9 n i ! i 341 • • 1 T . .% ." 1 r•stw i ‹ ...------ J-....a... -/ . I 1 / 3414 3E y • i I i 1 1 !L . T LE:Bit •1.1. ',-ALOolatiTENNIAL . • 'V I i . 1 \ , , i 1 i )1 "1 tl r , i 1 44 it 3814 • ' A-6AS 3C1 P WC i i i it i i i i I 1 ! I i ? i M i i / i i i I 1 ".. "---- 7•4-4 j P # k i I I8 •-•••-•......./- tilp.41 Ivr-r? 1 F4re4r1 1-T- 381 8 I ! 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I 11"4 4 i . •-i--- ...1 i i i • II' i - .„ . . 4. . . • 11111,7. 1.._ i % ,r,..e, / i••••••, •••••••.* , ... • - I ...v.".r. .,,,, . . ; i ‘ -- ----P . / liii ‘ . IL .i. • 9 .`•.&•• '' i // \ 7 ••••• twittoll.tp.: -, ,,V.0.1a, • .. - ' ' • !,.. / , .1..• e i.r:c:• ''.(•, . , ''..ye.• i i • N ,. .••••k a •LVTIIIIIIIZIAIF _ -. / . ,.e., • 2-, --g--•t 'y . -4.,.:-'• ••• 4 • • / / t ..,... ''• '•,k., .;"?'-0-4../ •i, .ct•'• ' / ., -- / ••4' - \ ./ i .. .1 i I .s • ..• - -•--I--I •••••1"-- ....' : ... 1 i ,.....:,.." ‘...., / • / • , / 1 ri -4 :7 ...1-...,.• .... `4.' ! . Nib . .r:--4'''-' - - . 1 ,• ..., ' '''.\--,.._......) L.--7..`..,•4 / i Y t'fIr M TRACT MAP '. •-:,--. 1rc--. _-:, .........., . .....,. ...... ; , . . . . , ' NOLLINGSIM i ! ! ! ‘ i i il i-4 it .A.,013)::ii. \47.] , I I --&----- / ....... • ! f i '-, NaLL MEOLON . EIMIN T --..,.. "• .x. • . . • •/ . .1' V. -.1 i.*4' i I rr-<• • 8D-2 ....... 142 '.;.,.. IF • .• • • i - :••.. ',L./"‘.. •."::::_si i .2, li, JD ' a .1(.. / ,"moo \ ....• .. .....' --...,.... ,., IC .. g -. ... ....... DK 5 . ,....: - , .: . 7 %. i /••••:, i i , - I . . _. , ,&/ -••-•*. . ..s•yeirh.:17\X. I _.- • . .... . ., l• . • `' AUJAULN I OWNERS c58;�,Dv", �I� r� AND ZONING 4 1596� ' r . . CliAj SPIN REPRESENTATIVE#10 TR 3M ETD 41.1AL MORIN to AC 07 • TR 3D1 Cl TR 3L I !2o . 1.0 AC £ ) 8.31 AC.\ il-iP , 4:. . 4E 1 TR 3D • ` "s 98 AC a • q f TR 3N V Cash . 3.01 0 • 4 1. 440 TR 3N2 CA 3N2 11. v ' S 5. ) 1.50 R TR3N1 • 1.0 AC r 1 'f ' (�aD L. i\ c TR l . no 234 9 2 ` .59 N >w 3�. .p IM �1 AG,t .`1 A. Richardson cr i �i TR 2A `.� y 's ,`Q` a 1.o A i sot, M. Fowler' • • �Si �� AG jJB rt`�n �°� 5 it A 41.,1 G�ADDI. � � � '� '� T,. _ 1 g 7R 2A1 ,1P _CJ. ► 1 A. Smith • A • aolp (3.2.3 AA.,) t 1.UU AC) IX g TR.3411 G. Davis z -- pG' 1 .. . - - a G g --•' 31 G. Davis r. --. s _ H. Kovarnik gS .. 1 L. Herron • Pj b ‘P. F, Q -:-: _r . I - 'i C.J. 'NE ACRES C AG I 2154 T ' TR 3B1 • 1.0 AC I W. LaFavers ,.�* , ,. .• - H. Kovarnik , Fr W. A r 1. 1 nderson pj7' AG a� .. I. �/ NC --1A 3.149 0 1 E , , RR H. Kovarnik § QQ1 I i5V TR 4 1.63 AC A 8D-3 «. o I no . 1 - 2R1 '' City of Southlake,Texas PLAT REVIEW SUMMARY 0 Case No: ZA 96-165 Review No: Two Date of Review: 2/14/97 ( Project Name: Plat Revision - Lots 4R1 and 4R2 Aubrey Estates, being a revision of Lot 4 Aubrey Estates as recorded in Vol.388-142,Pg. 41,6.854 Acres in the Hiram Granberry Survey Abst.#581 APPLICANT: SURVEYOR: Interwoven David C.,Moak Surveyors, Inc. 420 W. Bedford Euless Rd. P.O. Box 1034 Hurst. Texas 76051 Hurst.Texas 76053 r Phone: (817)268-7083 Phone: (817)268-2211 Fax : Fax : (817) CITY STAFF HAS REVIEWED-THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2./10/97 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. :•i'lrrr.::r,•y {+.•hv::.x:{•Y•'•:S:S;r.+:{{{{{.;i:3'r.r.4r. .{r.;♦•.•:rvv :m:::... ...{^:{:'••S?:•i.}+••i::p}i•i:!•i{•�::::.w:n .}v{•i:.v}+r{x:{.;.:..v,.:.,v •vvw.,. ..rvvr.::::. r:.:v:.m::.;{.: v.....:... •:vx:+v::::::.v::?::v::: :...:.......:....:x.....r................'�':.r....•.:n•..•.xv...v....v.....•....A:{......:...:rnk.•.•rn}{bv.:n.'2:.•.v.`{{�:i'ti3.•rvv....v..vr.....x.:......:.:::.:v.v:v.......::rrn...v.....::..........:::.v vv:..v..r;•;::::;. 1. A statement from each taxing authority showing that all taxes due have been paid must be • presented to the City prior to this plat being filed. 2. Appropriate zoning must be in place prior to filing this plat in the County Plat Records. OP&Z ACTIO1V: January 9, 1997;Approved(7-0) to table until January 23, 1997 Planning and ' Zoning Commission meeting at the request of the applicant. January 23, 1997;Approved(7-0) to table until February 6, 1997 Planning and `�' ' Zoning Commission meeting at the request of the applicants illFebruary 6, 1997;Approved(7-0) subject to Plat Review Summary No. 1 dated = January 17, 1997. * Although the proposed lot line is not perpendicular or radial,it appears to meet the intent of this }' requirement. 1� * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x11" or 14" paper)with original ; signatures and seals on each.Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * Denotes Informational Comment • . cc: Interwoven David C. Moak Surveyors, Inc. Aubrey L. Smith, 361 S. White Chapel Blvd., Southlake, Tx. 76092 •:\WP-FILES\REV\96\96-165PR.2 • ? , 8D-4 0 • . • _ - • • • • • / 40.41.In........rMM• r 14.r.M 5.00.0. l 4.b•04.N• ei riti 'i MClay rnr err / LOT I • .• ::::::.404.4'. rn ran 1.r Ir.s...1171: u w. CR91nunI IM E 1000 .w. .0. ..IT.I�.�I.e... n.INIM VOL.3t1-114. n ?1 .. 1• s.�w R.t11.,.R.T.C.T. o.wi� Iwrei:.,y 1.:.e. sitl`v^�T=.+.i..r wl. ~ J iI,� I4.0 S'.Ivi•i.b�a'o.ra'~.•i. iM�I�_ Hoer TO 11o.t wnwlosoM ' '.r.t..�.. ..'^".. a.�: • 1R x wL ,ott.c ITa sLy �,• T•ea — Irl.a.l..`rl..w::w•�•I.".••. a o�ltac •N LOT 1 "::.IW'.'�ri.sx,:7.a".1014 St. =m;:.a.l.l4 001 IIF• �,Y • tro 0 KO Soo ]m m. ... :�. w.°'•+�'"I.w. Itii111tiH I I I e.....4.▪1....... I . LOT 2 /ur]r]e all-SW MCI rN 11 ow...LB ..N • Iml •..F flaw T.▪o� yrN....140.01.1. . ra..100 "it'f4�i'� t. \I LOT f 1 • r -r..r uw•.I..In i w '�i'..n.: Ef•,.• til r I..ee T.tl l'erx •CO 1.0re.. •r. `f :`: H.QI/ItOV1/1,0.DPI ACO. LC.M•• ;� _. I 0 Ow..,. ..w RR'x C .A tL ISM►ATGT. \ • I'. }�rOell - .tli."ri..~.rCr w.r ru r. 0000 Y.� iwnwILRITL ti111101t3. . .‘::..:: YP • I Iw t¢.m{tw.n fA • ..rw. '71.c•r.Ir 4::: a IJJ/{} ' na ate la„L...eT M i...,....err.1l lr'.1.'i 6.4 L.'..`•:111.�.,.r M O I.te • 00'STfb7 • ..Lott r ti�..r..a N 110. slam• ' 4 or. .•' w / t?IR iw /iN.=t LL.114 ACM - w.I M.•.e.. • • 1 r rb .N LOT 41� • TgKt 1.0 Ill.~.•w N•Irol.CO me* 44•4.IM.W • TOT1IOC 4.rw ]A ..Tloc[f..N....~+v"••rIIN..�'114.0_m._•a••i.w':'l.^i.'.Ni 6M .A a44TGt ` LI • ' I.w: + wllor•crrato LOT 4�"'� l0T1 • noa>rN•. n•I.1.0 TanI.�'.r'aIbli�l ?8 00 w�rf •1.1).T Sw _\ I I av•a Y - IV:".. 't%IT•o._en•In ob...a•«Tr7"J::: s q •- w.l '. r_.. �wawalw. Te OW. `• • •. ul'I.R...DAM r I -.-. . •W a..w 1-L ....M 0.•011w O all /CI, & LCT 01 •..I. r'' we��I.jTn...^. «. Trr~es w nor..«: .I'r..l'-r"':.....• 414.0 OM tan LOT] - - ... .-- _ • L. - • rt _e.lnra y! ♦{. ..r . 14 .. e t. N.. ta ... t `.I.NI.IrrigL i'.V 411111a10p +o.a:town v r..n N. 1.4 • • 4 R .. ... .� /+4 4 w R.'•_au.; u�—I N RI CROW 1771V u e..r a▪ ' u'' '''w =;".•.rw.. M 4.~Nee.•w.. , + , lR 1 Nm .-n.IGI. / D.C..IItlIMI Io.511 MO. I - r .w r ..... el.. W.A DUDE N],I.I.T.Gi. / , l0T 1,POCK A . �C11'71TI MAC n-.............. - wf1[ODPEL PUCE/ RECD FEB 101997 • • • / / I . `Tat .1`ua'b'.m"'m .iww,T.ii'1w:o'e°wlT�w�n�m�_ nn.ml.e.malTin.m u1111.a ..M.111111 III WMIlw I Itlow ISINII• / • ' . • NMTCII�NT. wT - tat TNAIu ain�...n• • • ••• 10 a„r LOTS 4R1 AND 4R2, AUBREY ESTATES °"M.1'~ 11 • MI MGM III OR art It ROM=MVSMI LwwfT.ilia , 1111111 • B.8541 CROSS ACRES ;;a~ ; R„:; MUM!" wa»—tl wAl~. a•,rt1 us uru..T YI u I ,. YIIMI II TN II.COMM.II11w041 •wERL,x1I wMt 11•wlt. �}'q ■—IwT 10 nux.xtw. HIRAM ORANBERRY SURVEY. ABSTRACT No. 5S 1 ram • ^'f/ IWO a t/aRi w 041 r •Its� •...•..110.0 x. 1""'w 011141•0•141..NUN b•. l.r. _" DAV/D C. KUK "°' LOT 4,AUBREY ESTATES r•1 w....' Surveyor', far, .Mlrl PP!, P TO DIT w IwRRt4 TI�YR No1RT 7QY 1 ' 1 r.. MI 0011101 SI IutTSl.o w 1IIAlII III-1 T101 II.TAT.LI.T. j ' I• i wsw -« nnn.r naI r /o• ••••r• . FEa-06-1997 15: 13 F I ELD I NG.BARRET $ Tq"LZR 81733e4741 P. 05 ORDINANCE NO4 7 l AN ORDINANCE ADOPTING THE CODIFICATION OF CIVIL AND CRIMINAL ORDINANCES OF TEE CITY TO BE KNOWN AS TEE SOU TIITLAKE Cri'Y CODE; PROVIDING FOR PUBLICATION OF TEIS ORDINANCE; PROVIDING FOR PENALTIES; PROVIDING A CUMULATIVE CLAUSE;PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Southlake,Texas is a hoarse 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, pursuant to Section 3.15 of the Southlake Home Rule Charter and Section 53.001 of the Local'Government Code, the city has caused the-preparation of a codification of the civil and criminal ordinances of the city; NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TECE CITY OF SODTffl AKE: SECTION 1. Adoption of a City Code. The codification of the civil and criminal ordinances of the city,designated as the"Soutblake City Code" and consisting of Chapters 1 through 411) 20,published by,the Municipal Code Corporation, is adopted. The Southlake City Code is attached to this ordinance as Exhibit A, and is incorporated into this ordinance for all purposes. SECTION 2. Penalties. (a) Whenever in the Southlake City Code an act is prohibited, or made or declered to be unlawful, an offense, or a misdemeanor, or the doing of an act is required, other than duties of city officers and employees, or the failure to do an act is declared to be unlawful, and the act relates to fire safety, zoning, public health, or sanitation, including dumping of refuse, the violation of the provision is punishable by a fine not exceeding$2,000. (b) When an act described in Subsection (a) is unrelated to fire safety, zoning, public health or sanitation and no specific penalty is provided,the violation of the provision is punishable by a fine not exceeding$500. (c) Notwithstanding the provisions of Subsections(a)and(b),when an act described in Subsection(a)is one for which a penalty is fixed by state law, the penalty for the offense is the same as fixed by state law. �E' 9.. • 0 FEB-06-i997 15: 13 FIELDING,BARRET & TAYL.CR 811354741 P.04/05 SECTION 3. Ordinance Records. The city secretary is directed to record the Southlake City Code in the city's ordinance records in accordance with Section 53.001(b) of the Local Government Code. SECTION 4. Publication: The city secretary is directed to publish this entire ordinance, not including Exhibit A, at least one time within 10 days after its final passage, in the official newspaper of the city in accordance with Section 3.13(b) of the Southlake Home Rule Charter and Section 53.002 of the Local Government Code. SECTION 5. Cumulative Clause. This ordinance and the Southlake City Code shall be cumulative of all provisions of ordinances of the City of Southlakee, Texas, except where the provisions of this ordinance or the Southlake City Code are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6. Severability Clause. It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared , • unconstitutional by the valid judgment or. decree..of any court of.,competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases. clauses, sentences,paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. Effective date. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED ON FIRST READING ON TR S DAY OF , 1997. MAYOR ATTEST: 1111 CTIY SECRETARY dalw+oedio.00eka�aaCpcaa (oyosr� -1. `), FEB-06-1997 15:13 FIELDING,BARRET 8 TAYLOR 8173324741 P.05i05 APPROVED ON SECOND READING ON THIS-.DAY OF , 1991. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney DATE: �. S i .� TOTAL P.05 FE3-06-1.997 15; 12 FIELDING.BARRET 8 TAYLCR 81is.324741 P.01/05 S FIELDING, BARRETT & TAYLOR, L.L.P. • NOTICE OF CgriVIDENTIALITY The information in this facsimile message is confidential and is intended only for the use of the individual or enmy to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If this message is delivered to you and you are not the intended recipient,you are hereby notified that you are not authorized to read, review, distribute or duplicate the information contained in this facsimile. If you have received this facsimile in error, please ratify our office by telephone(collect)immediately so that we can arrange for.- the return n of the original documents. TRANS IT TAL SHEET COMPANY/FIRM:. City of Southlake ATTENTION: SANDY LEGRAND • TELECOPY NUMBER: (817)488-6796 TOTAL NUMBER OF PAGES INCLUDING COVER PAGE: 5 IF THERE IS A PROBLEM IN TRANSMISSION PLEASE CALL(817)332-2580. DATE: February 6, 1997 FROM: ANALESLIE MUNCY CLIENT/MATTER NAME: Southlake NUMBER: 1207.001 a Thvb City of Southlake,Texas MYMORANDITM • February 14, 1997 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to enter into Contract with Cheatham and Associates for the Design of Sanitary Sewers for the Neighborhood Sewer Program for Dove Aces, Hillwood Estates, Cross Timber Hills and Jellico Estates Background The Sewer Assessment Program consists of a three-year program. Each year has designated certain subdivisions to be considered for a sanitary sewer system. Please see the following phases of the Sewer Assessment Program that lists the designated subdivisions with the year's status. I. Sewer Assessment Program A. Year 1 1. Subdivisions: Vista Trails,Emerald Estates,Whispering Dell Estates and Highland Estates 2. The sewer systems have been installed, and residents are connecting to the sewer system. B. Year 2 1. Subdivisions: Mission Hills Estates,Diamond Circle Estates,Huntwick Estates, and Shady Lane-Raintree Area 1111 2. The engineering design is being finalized. 3. The necessary easements are being obtained with construction anticipated in summer/fall of 1997. C. Year 3 1. Subdivisions: Cross Timber Hills,Dove Acres,Hillwood Estates and Jellico Estates 2. Cheatham and Associates recently submitted to Staff a proposal to provide 11° engineering design for the four sewer systems. 10A-1 • MEMORANDUM CURTIS E.HAWK 0 YEAR 3,AWARD ENGINEERING SERVICES FEBRUARY 14, 1997 PAGE 2 Engineering Design for Year 3 In keeping with the City Council's direction to "poll"the neighborhoods before engineering design begins, the following tabulation exhibits the results of the"Year 3" neighborhoods"poll": :.''"F; ?LT..;19'^,5::� .:t�..;r .,), ?.R ro%Y;�x ty ,ice' ''i' :c''. ,• ,.t^+,":.'ku:. 'z `� ..dNA�i> ';SCo:;' r ps Y'^fit 3 ��r�' _`�`SIBDL■.ISM pv�V'� _ .� ..L.OTS��a:-R::'�;�ND° : �:�'�'Ez�`= �f)�', ,. .. ,A-YG y=:x: .I,, . ;Yr., ;1 i' : .. ..£.1., 4,.,t : ,. ..'"Xf'e" :-Wig. -,M i, k '.,,.,;-i.t.• ,.>:.;. '`... .;.`, 14"::: �am fY.S �e� ti�l@.A'':"».:.,§e>�4;`<.. ,�:`Y'>r'� $.;,,',, ��' .. -'�c... ..�":��,�u;....v,:zv,..::..:-���..._s_"<,,:,�.n.�.�a..�.:...�:,;i�ef:;cam':-.,=-_;.5 "_�„e?a:...... .'t' ,...,.,....,,.�..... r.;u�,��. ��<,�`:�s.:.�/✓.,..:•,ap'a .. , "._-. ... Cross.Timber�Ix ls. ,•;< : ':':., . 1.4 1 58.1'D a c 7 1 Hill: .W ®d`:.:: :. >:': :> ::: 66.7 o Estates. . Jell , ico Estate ;: : ` <s: _ "" '=.'.`..::< �<• :`>_ <;:: >2 69 TOTAL 267 t�,.._. .x v. ' 185 69.3 Fiscal Tmpact of Year 3 ' The FY96-97 Budget, Fund 755-Sewer Assessment Fund includes $180,000 for engineering services for the"Year 3" Sewer Assessment Program. Recommendation for Year 3. Staff recommends that City Council authorize the Mayor to execute the proposal from Cheatham and Associates for professional services for the design of sewer systems in four (4) existing residential subdivisions: Cross Timber Hills,Dove Acres,Hillwood Estates and Jellico Estates. The total cost of the engineering design is estimated to be $173,675. Please place this item on the Regular City Council Agenda for February 18, 1997,for City Council's review and consideration. i BW/ls ® attachment: Cheatham&Associates Proposal WP-FIL°sS°W°a,N°I°HBO aVY°ARaW^R°-°.M°M 10A-2 CHEATHAM AND 0 ASSOCIATES January 28, 1997 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake,TX 76092 Re: Proposal for Providing Professional Services in Connection with the _ Design of Sewer Systems in Four(4) Existing Residential Subdivisions CONSULTANT'S UNDERSTANDING There are several existing subdivisions within the City of Southlake which were developed prior to the availability of sanitary sewer service. These subdivisions consist of large lots, of at least one acre, and rely on septic tanks for sewer treatment, and lateral lines for disposal of effluent. The City has been striving to develop a sewer system which will be available to all residents. Many of the existing older subdivisions now have sewers readily available, once the internal collection system and service lines are installed. • Therefore, the City of Southlake has directed Cheatham&Associates to prepare construction plans and associated documents to facilitate the construction of internal sanitary sewer systems to serve four(4) existing subdivisions. These subdivisions are: Jellico Circle Dove Acres Hillwood Estates Cross Timbers This scope of work for each of these subdivisions shall include work related to a sanitary sewer system, to be constructed within the existing subdivisions, and provide sanitary service to each lot. There will be minimal amount of street repair associated with each project. SCOPE OF SERVICES Preliminary Design: 1. Perform necessary field survey work for the preparation of construction plans, including any additional topographic and contouring which may be necessary for the completion of our tasks. 2. Visit with members of your staff, to discuss our design concept, and overall approach to the project. Make any changes deemed necessary prior to proceeding into final design. 10A-3 • ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011 817/548-0696 • Metro 265-8836 • Fax 817/265-8532 7 Mr. Bob Whitehead, P.E. January 28, 1997 • City of Southlake Page 2 3. Prepare preliminary plans including plan/profile sheets of the project. 4. We will provide your office with preliminary construction plans for your review. 5. Provide a preliminary cost estimate of all proposed project. Final Design: 1. Prepare final construction plans and profile sheets for the water lines. 2. Provide your office with final construction plans and specs for your review. 3. Make necessary revisions to satisfy the City's requirements. 4. Provide your office with a quantity take-off, in proposal form, for civil improvements to include in your contract documents. Construction Phase: 1. We will provide construction staking for the Contractor. 2. We will be available during the bidding process to answer any questions regarding plan interpretation,and will assist if addendums are required. • 3. Periodic on-site visits will be made during construction by the design engineer, or as deemed necessary by your office,to assist you in contractor discussions. 4. We will provide assistance in conducting the final inspection and will be available, if your office has any questions regarding the materials or workmanship of the contractor. 5. Prepare as built plans once the project is complete. Easements (if required): 1. Our firm will conduct the search for deeds and conduct other research at the • Tarrant County Courthouse necessary for the preparation of the required easements. 2. We will then prepare the legal (metes & bounds) descriptions of the easements with computer plotting. This work element also includes the surveying work necessary to prepare easements and to tie easements to the base line(s). 3. This element includes preparation of the final written easement document and of the accompanying drawing. 4. This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, nor participating in any condemnation proceedings without additional compensation. 10A-4 Y Mr. Bob Whitehead, P.E. January 28, 1997 • City of Southlake Page 3 FEES We will provide all the services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications,preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as-built plans for a flat fee of$115,175 for , engineering and $58,500 for surveying. See attached breakdown of services which was used to determine the fee (Attachment"A"). TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. GUARANTEE Cheatham&Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. If the above meets with your approval,this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions, or requested modifications of the proposal. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, • Eddie Cheatham, P.E. F:\WORD\PROPOSAL\SOUTHLAK\sewer.res.wpd • AUTHORIZATION TO PROCEED: Accepted this day of , 1997 By: Title: 10A-5 ATTACHMENT "A" • ENGINEERING/SURVEYING FEE CALCULATION: PRELIMINARY DESIGN PHASE: Field Crew $ 75.00 x 480 hrs $ 36,000.00 Staff Engineer $ 75.00 x 275 hrs $20,625.00 Cad Technician $ 55.00 x 250 hrs $ 13,750.00 SUB-TOTAL $ 70,375.00 FINAL DESIGN PHASE: Staff Engineer $ 75.00 x 510 hrs $ 38,250.00 Cad Technician $ 55.00 x 460 hrs $ 25,300.00 SUB-TOTAL $ 63,550.00 CONSTRUCTION PHASE: Field Crew $ 75.00 x 300 hrs $ 22,500.00 Staff Engineer $ 75.00 x 230 hrs $ 17,250.00 SUB-TOTAL $ 39,750.00 TOTAL SURVEYING $ 58,500.00 TOTAL ENGINEERING $115,175.00 TOTAL FEE $ 173,675.00 1111 10A-6 • Rialto February 14, 1997 The Honorable Rick Stacy Mayor, City of Southlake 1725 E. Southlake Boulevard Southlake, Texas 76092 Re: Combined New City Hall/School Administration Building Southlake Town Square- Southlake, Texas Dear Mayor Stacy: We appreciate the opportunity to continue to advance discussions regarding the relocation of Southlake's new joint use City Hall/Carroll Independent School District facility("City Hall/CISD building"). As you are aware,we are very enthused at the prospect of having the new City Hall/CISD building as the centerpiece of the first phase of our Southlake Town Square development. To this end,we have offered to donate, free of charge, the land required for the facility, as well as the • additional land parcels in front of the facility for a Town Square Park and a Bandshell Park. We can also confirm that the same level of enthusiasm for the City Hall/CISD facility has been expressed by a number of our prospective retail and office tenants, many of whom have in fact made their initial commitment to the project contingent on the City Hall/CISD building being located within the development. As shown on the attached sketch,we envision the proposed new City Hall/CISD building's external architecture to be reminiscent of the grand Texan courthouses of the past, while at the same time providing a thoroughly modern and efficient interior office environment. The building will be four (4) stories in height(all other buildings on the site are limited to three (3) stories or less) and will enjoy the highest elevation on the western portion of the site, making it a highly visible landmark from both F.M. 1709 and Highway 114. The building will have as its foreground a landscaped Bandshell Park as well as a formal Town Square. It will be surrounded by quality retail, restaurant, service, and office uses, all set in a small town environment. We believe,based on preliminary cost planning accomplished to date, that the construction of the City Hall/CISD building in Southlake Town Square will not exceed the City's own preliminary building budget of$135 per square foot, and we may in fact be able to offer cost saving opportunities to the nominated budget figure due to efficiencies gained in a multi-story building. Parking for the City Hall/CISD building will be provided immediately adjacent to the facility as well as within a very short walking distance directly across the street. All such parking areas will be • well lit and patrolled by private Southlake Town Square security personnel in the evening hours. :. ..... 0 The City of Southlake February 14, 1997 Page 2 Twenty-five percent (25%) of such parking spaces will be exclusive to the facility's use. Besides the nighttime lighting and private security previously mentioned, and pursuant to discussions held with the City's Public Safety Director, security for the parking areas will be further enhanced by the planned on-site presence of Southlake police personnel in a satellite location within Southlake Town Square. We have accommodated the City's and the CISD's desire for future expansion by way of a right of first refusal over immediately adjacent space surrounding the proposed facility. This allows the City and the CISD the flexibility to grow without carrying the cost of such extra space until - and only to the extent that- such space is needed. We have been made aware that many operating functions within the City Hall and/or CISD may at some point in the future in fact prefer to be in a separate, albeit close-by, location. We anticipate construction starting as to our portion of the surrounding development by the end of this year,with a completion date of late 1998/first quarter 1999, and would hope that the new City 0 Hall/CISD building would be within the same general timeframe as to its completion. Through our close contact with the City staff over the past 12 months, we could not help but be aware of the inadequacies of the City's current facilities, and would assume the City would be as intent as we are in seeing the new facility completed as soon as possible. Pursuant to achieving this mutual desire, we would like to formally acknowledge our interest in participating in the creation of a tax increment finance/economic development grant reinvestment zone for Southlake Town Square. The City Manager has recently made us aware of this potential method of paying for the proposed facility, and it has been explained to us that as a result of such a zone being formed that the City would be able to act immediately and thereby avoid the 12 to 18 months of delays inherent to the alternative funding avenues available to it. As nominated earlier,we are finalizing preliminary costs associated with the facility, as well as the costs of public purpose improvements throughout the development, and will forward those assumptions to assist in the preparation of a feasibility study by the City's financial analysts to confirm the viability of such a reinvestment zone. We believe that the formation of such a zone creates a"win win"result for the City/CISD and for the project. The ability to achieve an earlier completion of the new City Hall/CISD building will accelerate the pace of development within Southlake Town Square, thereby bringing increased revenues in a much shorter timeframe to the City, the CISD, the County and other taxing entities, as well as enhancing the project's immediate viability and ultimate success. Further, the creation of such a zone presents opportunities for the development to pay for the City Hall/CISD building and other public purpose improvements by utilizing revenues generated by the project. Lastly,by 0 agreeing to a fixed cost upfront for the City Hall/CISD facility, and having the developer carry the Letter of intent-City of Soutblake February 14,1997(3:37pm) Itrint97.wpd ,, v 0 The City of Southlake February 14, 1997 Page 3 initial burden of construction costs, the City and the citizens of Southlake avoid development and construction period risk as a result of improvements not being reimbursed until construction is complete. A preliminary term sheet outlining some of the fundamental business points inherent to an agreement being reached is attached for your review. If the general parameters described in the attached term sheet are acceptable, we are prepared to immediately commence legal documentation. We look forward to discussing these matters further with you at your convenience. Naturally, if you should have any questions in the meantime, please feel free to call. Sincerely, SOUTHLAKE VENTURE WEST L.P., THE CITY OF SOUTHLAKE a Texas limited partnership fpBy: Rialto Southlake West, L.P., its General Partner By: By: Rialto Southlake Property West, L.L.C., Its its General Partner By: Brian R. Stebbins President • Letter of intent-City of Southlake February 14,1997(3:37pm) Itrint97.wpd TERM SHEET PROPERTY Approximately 3 acres of land comprised of three town blocks for the joint City Hall/CISD facility, a Town Square Park and a Bandshell Park, all situated in the planned unit development for Southlake Town Square, Southlake, Texas, as shown on the site plan attached as Exhibit A. BUILDING An approximately 52,000 square foot building for a joint use City Hall/Carroll Independent School District facility. DONATION OF The Property shall be donated to the City free of charge, subject to the PROPERTY terms and conditions below. CONSTRUCTION Southlake Venture West, L.P. shall construct the Building to the RESPONSIBILITIES specifications of the City/CISD, including parking and landscaping in support thereof. REIMBURSEMENT Upon completion of the Building and related improvements,and subject to OF COSTS the terms and conditions specified below, the City/CISD shall reimburse Southlake Venture West, L.P. for the costs thereof at a pre-agreed price. It is envisioned that such reimbursement will be accomplished by way of a Southlake Town Square project-supported tax increment finance/economic development grant reinvestment zone. PARKING Southlake Venture West shall provide parking as required in support of the City Hall/CISD building, in areas agreed by the parties. Not less than twenty-five percent(25%) of such parking shall be reserved for exclusive use by City Hall/CISD employees,visitors,and other associated personnel, with not less than ten(10)such spaces being provided on-street adjacent to the Building for short term parking requirements. RIGHT OF FIRST The City/CISD shall have a right of first refusal on additional office REFUSAL space in any of the three (3)buildings to be constructed around the City Hall/CISD building. CONDITIONS The rights and obligations of the parties shall be subject to Southlake Venture West, L.P.'s receipt of development plan approval on or before December 31, 1997 for not less than forty(40)acres of land, including not less than four hundred seventy-five thousand (475,000) square feet of retail, restaurant and office improvements thereon (excluding the City Hall/CISD building). Southlake Venture West, L.P. shall commence construction of such improvements not later than March 1, 1998 and shall complete such construction not later than March 31, 1999. Letter of intent-City of Southlake February 14,1997(3:37pm) Itrint97.wpd L\ . ' `P I of ``7 / ,t • x T / it +� (f I , ,.I_"k.-.1.,:.'.,_t,.'.,f....,-.,,I,..,,,''7ei,,i1i„-i,.-=,Z-',„-:--._!„-.....-5-'•.--,---_-,,,.,-1.):--,, „"--01. -.,.-,-P'„,,,.,.,i1'wV,7-.1., J . r m7-r_4:,=, .._._,.4i,-'1I..1.).i.1)1„'1I.1.,-.-l1.1ci,'4'I4t-1.-.-5 ,.''N).),,`.24-.-a /L I 04', y . TrP.Rnt ={ t 1t t t 1 .T4� t- ,1. 6. _. '• 77::Ft fin;17: 0"">>oir...44 , ,,,,l- -1,..0, f ' > I 2 ,p,,, k-- , -::, f 40k 1,s,. ,c . ,.rk 3 i_ I 2glo lip -i I -.,/ —., g "1. 11-7.1,-..-1 1 4 RD 1 " ' ,4441 • ilk.\34).1 : -,l',.,9 ® ` I • ,. a a.� S' 3 A yr 1 , r 1'" ' '•il' it" l a{ ,fr iI 5-F{ ' � ti r /; '.' ' i , . , .,„ r 11 : i • ♦e r . 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