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1993-11-02 CC PACKET
City of Southlake, Texas 0 CITY ANAG � MEMORANDUM I ' �E October 29, 1993 TO: Curtis E. Hawk, City Manager FROM: Shana Rice, Assistant to City Manager SUBJECT: Resolution 93-63 - Clean Cities 2000 Grant Application Attached is a resolution which will authorize staff to work with the Cities of Grapevine, Colleyville, and Coppell to prepare and submit a joint grant application to the Texas Natural Resource Conservation Commission (TNRCC) under the Clean Cities 2000 program. The purpose of Clean Cities 2000 is to recruit local municipalities to voluntarily reduce solid waste going to landfills, and to reduce pollution going into Texas' skies, land and waterways . Staff of Southlake, Grapevine, Colleyville, and Coppell have participated in a series of informal work sessions in anticipation of the announcement of the Comprehensive Community Waste Reduction Grants . The goal is to apply for joint funding as a four (4) city cluster, with administration provided by the City of Grapevine. The City of Grapevine would act as the leading entity and sponsor agency in this project and would enter into agreements with each participating City. As part of the grant, a grant administrator will be hired to serve as a liaison and monitor the Clean Cities 2000 project . The City of Grapevine, as the sponsor agency, will hire the grant administrator who will be employed by the City of Grapevine . The cities plan to form the Lake Cities Environmental Coalition comprised of a designated member from each City. Upon approval of the grant, the coalition will meet and formalize the goals of the program. Each City will be responsible for implementing their selected environmental project utilizing the network of all four cities for promotion. The Clean Cities 2000 program requires no cash matching funds . Cost to the City of Southlake will be minimal, consisting primarily of in-kind services provided by staff working on the projects . Please place Resolution 93-63 on the November 2 City Council agenda for consideration. /444'3 611) SR 5Q- / 0 City of South lake,Texas RESOLUTION NO. 93-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING AND DIRECTING STAFF TO PROCEED WITH THE EXECUTION OF A GRANT FOR PARTICIPATION IN THE CLEAN CITIES 2000 PROGRAM THROUGH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION PROVIDING FOR A COMPREHENSIVE ENVIRONMENTAL PROGRAM IN COOPERATION WITH REPRESENTATIVES FROM THE CITIES OF GRAPEVINE, COLLEYVILLE, AND COPPELL; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, Clean Cities 2000 is the statewide program sponsored by the Texas Natural Resource Conservation Commission to reduce pollution generated in Texas and to provide citizens with the information they need to care for the Texas environment; and WHEREAS, Clean Cities 2000 is a campaign to develop environmental partnerships with local governments and to create comprehensive environmental programs at the local level; and WHEREAS, Clean Cities 2000, Phase I involves implementing . comprehensive municipal recycling and composting programs to help cities reach the 40 percent recycling goal of SB 1340 and the Clean Texas 2000 goal of 50 to 60 percent reduction in the disposal of solid waste in landfills by the year 2000 ; and WHEREAS, Clean Cities 2000 , Phase II involves implementing programs for air pollution, water quality, and continuing environmental education; and WHEREAS, the Cities of Southlake, Grapevine, Colleyville, and Coppell have agreed to work together to develop environmental initiatives in conformance with the requirements of the Clean Cities 2000 program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1 . The said Cities have recognized the need for the establishment of and participation in the Lake Cities Environmental Coalition for the purpose of planning environmental initiatives in conformance with the requirements for the Clean Cities 2000 program. SECTION 2 . The City Council does hereby support the establishment of the Lake Cities Environmental Coalition for the purpose of planning a multi-jurisdictional and comprehensive recycling program as outlined by Clean Cities 2000 . Resolution No. 93-63 Clean Cities 2000 Page 2 SECTION 3 . This resolution shall become effective from and after the date of its passage . PASSED AND APPROVED by the City Council of the City of Southlake, Texas on this day of , 1993 . Gary Fickes, Mayor ATTEST: Sandra LeGrand City Secretary b:93-63.RES/ORD&RES/kb 5Q-3 City of Southlake,Texas • CITY MANAGER MEMORANDUM October 22, 1993 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director Public Safety SUBJECT: Appointment of Reserve Police Officer Craig Nelson Mr. Craig Nelson applied for the position of police reserve, and successfully completed the applicant testing process and background check. Mr. Nelson is a former Sansom Park police officer and prior to that time he served in the Air Police with the United States Air Force. He has applied for full-time service several times and has placed in the top two or three each time. He is recommended for City Council appointment as a reserve for the City of Southlake at the next council meeting. e6d BC/mr wp\Memo\CMelson.App • �S"tr° Vlly VI VVUunuIw, Iv�a..v RESOLUTION NO. 93-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A RESERVE POLICE OFFICER, PURSUANT TO ORDINANCE NO. 523 , CREATING A RESERVE POLICE FORCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 4, 1990, the City Council of the City of Southlake, Texas, approved Ordinance No. 523 , Creating a Reserve Police Force; and, WHEREAS, Ordinance No. 523, Section VII, Appointment of Members by City Council prior to the Reserve Officer carrying a weapon or otherwise acting as a peace officer, sets out the criteria for appointment of Reserve Police Officers; and, WHEREAS, Public Safety Director Billy Campbell is requesting approval of the City Council for the appointment of an additional Reserve Police Officer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : SECTION 1. That all the above premises are hereby found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. SECTION 2 . That Craig Nelson be appointed by the City Council as a Reserve Police Officer of the City of Southlake, as recommended by Public Safety Director Billy Campbell . SECTION 3 . That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED by the City Council of the City of Southlake, Texas on this day of , 1993 . CITY OF SOUTHLAKE Gary Fickes, Mayor ATTEST: Sandra LeGrand City Secretary b:93-61.RES/ORD&RES/kb =, City of Southlake,Texas CITY MANAGER MEMORANDUM /O-2?- 3 October 28, 1993 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Janitorial Contract-Extension In February 1992, Executive Janitorial Services was awarded a contract for janitorial services to begin March 1, 1992 and end September 30, 1993 . The contract was amended February 1993 to include services for the Community Building. The contract includes a renewal option for one year. Currently the City is paying $1, 050 per month for janitorial services. Executive Janitorial Services owner, Beverly Wyroski, desires to extend the contract . It is recommended that the City Council authorize extension of the contract with Executive Janitorial Services for one year beginning October 1, 1993 at the rate of $1, 050 per month. ititdbVR,i1e-a141 LAH • • 5c-/ FIRST EXTENSION TO JANITORIAL SERVICES CONTRACT' STATE OF TEXAS § COUNTY OF TARRANT§ This Agreement is made by and between the City of Southlake, Texas (hereinafter referred to as the "City") acting by and through its duly authorized City Manager, Curtis E. Hawk, and Executive Janitorial Services (hereinafter referred to as "Contractor") acting by and through its duly authorized owner, Beverly A. Wyroski. WHEREAS on February 19, 1993 the City and Contractor entered into an agreement entitled First Amendment to Janitorial Services Contract (hereinafter referred to as the "Janitorial Services Contract") beginning February 1, 1993 and ending September 30, 1993 with a provision for a one year renewal upon mutual consent of the parties; and WHEREAS, the parties hereto desire to extend said contract for an additional one year term beginning October 1, 1993 and ending September 30, 1994. NOW THEREFORE, City and Contractor hereby mutually agree to extend the Janitorial Services Contract under the same terms and conditions for a term of one year beginning October 1, 1993 and ending September 30, 1994. IN WITNESS WHEREOF the parties hereto have executed this Agreement in Southlake, Tarrant County, Texas on this day of November, 1993. CITY OF SOUTHLAKE By: Curtis E. Hawk, City Manager Attest: City Secretary • FIRST EXTENSION TO JANITORIAL SERVICES CONTRACT PAGE 1 f:\apps\wp50\share\wrt\janitori.con ti EXECUTIVE JANITORIAL SERVICES By: Beverly A. Wyroski, Owner SUBSCRIBED AND SWORN TO BEFORE ME by Beverly A. Wyroski this day of , 1993. NOTARY PUBLIC, in and for the State of Texas. My Commission Expires: Typed/Printed Name of Notary Public • FIRST EXTENSION TO JANITORIAL SERVICES CONTRACT PAGE 2 f:\apps\wp50\share\wrt\janitori.con Se — 3 OFFICIAL RECORD FIRST AMENDMENT TO JANITORIAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF TARRANT § This Agreement is made by and between the City of Southlake, Texas (hereinafter referred to as the "City"), acting by and through its duly authorized City Manager, Mr. Curtis E. Hawk, and Executive Janitorial Services (hereinafter referred to as "Contractor"), acting by and through its duly authorized owner, Beverly A. Wyroski. WHEREAS, on February 18, 1992, the City and Contractor entered into a Janitorial Services Contract beginning March 1, 1992 and ending September 30, 1993, for janitorial and cleaning maintenance services for Southlake City Hall and the Lodge in Bicentennial Park; and } WHEREAS, the parties hereto desire to amend said contract to provide for additional cleaning maintenance services at the Community Building, and to provide additional consideration for such services, and to make other amendments as provided herein; NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: Purpose of Agreement • The purpose of this Agreement is to state the terms and conditions under which the Contractor will provide janitorial and cleaning maintenance services for Southlake City Hall, located at 667 North Carroll Avenue, Southlake, Texas 76092 (hereinafter referred to as "City Hall"), and the Lodge in the Park and the Community Building in Bicentennial Park (hereinafter referred to as the "Lodge" and the "Community Building," respectively). sl\janitor2.con(012893) -1- Se- ..• Unless otherwise specifically limited hereinbelow, all cleaning services to be performed at . City Hall under this Agreement shall be limited to the first floor of City Hall (excluding the Fire Services area) and all of the area on the second floor. 1. Services to be Performed. Contractor agrees to perform the following janitorial and cleaning maintenance services for City Hall: (a) Contractor shall perform the following functions listed below at City Hall on a daily basis excluding City holidays: (1) Clean and sanitize men's and women's bathrooms and drinking fountains seven (7) days a week; (2) Mop and sweep all tile areas in administration area five (5) days a week and in police department seven (7) days a week; (3) Empty and clean all wastebaskets, replace plastic liners as needed and remove all trash in all office areas five (5) days a week, except in the police department, which shall have trash removed seven (7) days a week; and (4) Keep locker storage and slop sink rooms in a clean and orderly manner seven (7) days a week. (b) Contractor shall vacuum all carpet areas at City Hall every Monday, Wednesday and Friday. • (c) Contractor shall perform the following functions listed below at least once a week: (1) Clean the kitchen at City Hall, the Lodge and the Community Building, including the refrigerator, microwave, electric oven, outside cabinets, counter-top and sink; sl\janito2con(012893) -2- (2) Clean the meeting area at the Lodge and the Community Building; (3) Spot clean the carpets as required each Saturday or Sunday only. (d) Contractor shall clean, strip and wax all tile areas at City Hall on a monthly basis. This service shall be performed on a Saturday or Sunday only or as authorized. (e) Contractor shall perform the following functions listed below at City Hall four times a year: (1) Clean all outside windows, inside and out; (2) Clean all baseboards; (3) Clean all mini-blinds; and (4) Shampoo carpet in all areas; 2. Labor, Materials, Equipment and Supplies. Contractor will furnish all labor, materials, equipment and supplies necessary to perform the foregoing services. All janitorial equipment shall be maintained by Contractor in good working order at all times. Contractor agrees to provide experienced and reliable employees to perform the services described herein. 3. Supervision. Systematic inspection will be conducted by a foreman or field superintendent of the Contractor to ensure that all services are properly performed. To ensure that any problems which may arise will be promptly taken care of, Contractor will maintain an answering service seven (7) days per week for the receipt of any complaint. The telephone number for this service is (817) 545-2707. sl\janitor2.con(012893) -3- -- 4. Checklist. Contractor shall fill out a checklist and file same with the City Manager's office on a daily basis, reporting all cleaning functions which have not been completed. Failure to fill out and file a checklist may result in nonpayment for that day. 5. Compliance. In performing these services required of it under this Agreement, Contractor shall comply with all applicable federal, state and City statutes, ordinances and regulations. If such compliance is impossible for reasons beyond its control, Contractor shall immediately notify the City of that fact and the reasons therefore. 6. 'Insurance and Bond. Contractor will carry complete and adequate worker's compensation, public liability and property damage insurance. All of its employees shall at all times, at the expense of the Contractor, be covered by a blanket fidelity bond issued by a reputable bonding agent approved by the City. 7. Compensation. In consideration for the true and faithful performance by Contractor of the services and duties required hereunder, the City shall pay Contractor the sum of One Thousand Fifty Dollars ($1,050.00) per month. Contractor will send a bill to City at the end of each month, and the City shall make payment within fifteen (15) days of the billing date. 8. Cleaning Hours. All cleaning will be performed on Monday through Friday by Contractor between the hours of 5:00 p.m. and 8:00 a.m. Cleaning hours for Saturdays and Sundays shall be at the option of the Contractor, with approval by the City. Such cleaning services shall not interfere with meetings of the City Council or other boards and commissions of the City which are conducted during the evening hours at City Hall. 9. Independent Contractor. It is expressly understood and agreed that Contractor shall operate hereunder as an independent contractor as to all rights and privileges granted herein, and not as an agent, representative or employee of City; that Contractor shall have exclusive control of and the exclusive right to control the details of sl\janitor2.con(012893) -4- 5d- 7 its operations and activities on the premises and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall not apply as between City and Contractor; and that nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. 10. Term of Agreement. This Agreement shall begin on the 1st day of February, 1993, and end on the 30th day of September, 1993. This Agreement may be renewed for an additional one (1) year term upon mutual consent of the parties. 11. Termination. It is the express agreement of the parties that either party to this Contract may terminate this Agreement upon thirty (30) days written notice to the other party. The parties have specifically agreed that this right of termination is discretionary and shall not require a finding of cause, notification of specific points of dissatisfaction or opportunity to cure. Each party has agreed that they desire the right to unilaterally terminate the Contract for whatever reason seems appropriate to the terminating party without penalty providing that thirty (30) days written notice of cancellation is provided to the other party. 12. Notice. Any notice required under this Agreement shall be effective if addressed to the party receiving same at the following address: If to Contractor: Executive Janitorial Services P.O. Box 1082 Euless, Texas 76039 Attn: Beverly A. Wyroski If to City: City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Attn: City Manager sl\janitor2.con(012893) -5- 13. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Tarrant County, Texas. 14. Attorneys Fees. In any action brought by the City for the enforcement of the obligations of Contractor under this Agreement, the City shall be entitled to recover interest and reasonable attorneys fees. 15. Venue. Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement, venue for said action shall lie in Tarrant County, Texas. 16. Assignment. Contractor agrees and covenants that Contractor shall not sublet or assign all or any part of its rights, privileges, duties or interests under this Agreement without first obtaining the written consent of the City. Any attempt to assign all or any ; ti part hereof without first obtaining such prior consent by the City shall be void. 17. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties hereto, and supersedes any prior understandings or written or oral agreements between the parties, including bid proposals, respecting the within subject matter. • IN WITNESS WHEREOF, the parties hereof have executed this Agreement in Southlake, Tarrant County, Texas, on this /(7 day of .4,li�,��' I , 1993. CITY OF OUTHI"A By: y ��E So\ % ;; L a it ` Curtis E. Hawk, City Manager ``` "" ATTEST: t 1--k :. = / 4? I / S1 /1A( <-4) %, •� City ecretary �iertftteetuatO sl\janitor2.con(012893) -6- • APPROVED AS TO FORM: • 6/ W/ City Att rney Date: _- EXECUTIVE JANITORIAL SERVICES - II -dZi/ 8everly A.3yrosla, Ova,,.,` ATTEST: • o ary Public �F�YOLg KIM BUSH Notary Public >i STATE of TEXAS APzeri~ My Comm. Exp. 05121194 -rrrc,e.s-y-..�•.,,�. sl\janitor2.con(012893) -7- City of Southlake,Texas MEMORANDUM October 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Ordinance No. 483-C Revisions to Subdivision Ordinance - Public Landscape Easement, Plat Vacation, Compliance with Concept Plan . I Attached you will find the ordinance providing for the public landscape easement as previously directed by Council . Staff has included other revisions as follows to address other areas of the ordinance during this revision: - R.O.W. Reservation definition added to clarify limitations - Plat Vacation procedures modified to clarify that we only require a public hearing when a portion of the plat is to be vacated. - Clarifying that a preliminary plat should substantially conform to an approved concept plan. The Planning and Zoning Commission on October 7, 1993 recommended approval of this ordinance with a (7-0) vote. The City Council on October 19, 1993 approved the first reading (7-0) with the understanding that staff and the City Attorney would clarify the plat vacation section as needed. Staff and the City Attorney have agreed upon the wording reflected in this draft. Please place this on the Council Agenda for their consideration. GL/gj attachment : Ordinance 483-C /7/9- • ORDINANCE NO. 483-C AN ORDINANCE AMENDING ORDINANCE NO. 483, THE SUBDIVISION ORDINANCE OF THE CITY OF SOUTHLAKE, BY PROVIDING FOR THE . DEDICATION OF PUBLIC LANDSCAPE EASEMENTS; PROVIDING FOR RIGHT-OF-WAY RESERVATIONS; PROVIDING REVISIONS TO PLAT VACATION PROCEDURES; PROVIDING THAT PRELIMINARY PLATS SHALL CONFORM TO APPROVED CONCEPT PLANS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; • PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the . City of Southlake, Texas is a h.• e rule city acti -q under its charter adopted by the e orate pursuant to Article X , _ -ction 5 of the Texa stitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake, Texas heretofore adopted • Ordinance No. 483 providing for the adoption of subdivision regulations, platting and recording of subdivisions; and WHEREAS, the City Council now desires to amend said ordinance as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 483 is hereby amended by adding the following definitions to Section 1 . 04B : EASEMENT, PUBLIC LANDSCAPE: (Abbreviated P .L.E. ) A public easement typically located adjacent to thoroughfare street R.O.W. for the purpose of planting trees or other landscape plants. Maintenance of the easement shall be the responsibility of the landowner; however, the City has the right to maintain, through pruning, replacement or other means, any plantings placed in the easement . RIGHT-OF-WAY RESERVATION: An area of land reserved for future R.O.W. dedication or acquisition. No structures may be placed within the reserved area or within the limits of the required building setbacks from said R.O.W. reservation. SECTION 2 . That Ordinance No. 483 is hereby amended by revising Section 2 . 05 to read as follows : A. General Rectuirements : The following must be submitted prior to placement of the plat vacation request before the City Council for consideration. 1. Plat Vacation Fee: A Plat Vacation processing fee shall be established by City Council. This fee shall be paid upon submittal of the plat vacation and shall not be refunded in any circumstances . 2 . Utility Company Approval : The signature of approval of all applicable utility company representatives must be on the vacating instrument . (Use easement abandonment format and "plat vacation" wording. See Appendix 4) Any easements which have improvements in them must be dedicated by separate instrument prior to the recording of the plat vacation instrument . B. Vacation of Entire Plat : The owner (s) of the tract (s) - covered by a plat may vacate the plat J s bm ti g >a at an time before any lot in the plat io ocld. Such request n :.::::.:� ;�1be will placed before tt44><><P1 � :<>« ;ct< �. :::..:::::=s' arc amin:gaM:>:$e_;;::;a:;.toammesaaai <Ad > ax� ..d:':>ta the City Council for their consideration. C. Vacation of a Portion of a Plat : Any portion of a plat may be vacated upon the application of all the current owners of lots in the original plat . StittAte00gEkthgla • :<':1:a ed::>::before>::-<: ;e::::>P:1:ati in .:::>:::a d<:;:::Zon :.:.ii C:o'm s: : x ::>:<: c k ......... .... a. ... :.:: :. ::::: , id:::>>: a' zaead: :try:::>C `7fl-3 s A public hearingshall be held ........... by the City Council prior to approval of the plat vacation. Notice of the hearing shall be given before the fifteenth (15th) day before the date of the hearing by: (1) Publication in the official newspaper; and (2) Written notice to the owners of property in the original plat . The written notice shall be given by depositing the notice in the U.S. Mail, properly addressed with postage prepaid. D. Effect of Plat Vacation: Upon the execution and recording of the vacation instrument, the vacated plat De portionOgfildffraiffigag shall have no effect. SECTION 3 . That Ordinance No. 483 is hereby amended by adding a new paragraph C to Section 3 . 02, said paragraph to read as follows and relettering current Paragraph Ecction C to 06faaiagli Ccction D: C. Compliance with Concept Plan (where applicable) : All preliminary plats shall substantially conform to the Concept Plan approved in accordance with the requirements of the Zoning Ordinance of the City. SECTION 4 . That Ordinance No. 483 is hereby amended by adding a new paragraph F to Section 3 . 07, said paragraph to read as follows : F. Public Landscape Easement . A public landscape easement typically ten feet (10 ' ) in width may be dedicated adjacent to public R.O.W. for S .H. 114 , F.M. 1709, F.M. 1938 , and all streets designated as ar:erial level thoroughfares [i . e . R.O.W. of ninety feet (901 ) , eighty- four feet (84' ) , and seventy feet (70 ' ) on the approved Thoroughfare Plan. ] This easement shall typically be used to facilitate coordinated tree and/or landscape . plantings along the City' s thoroughfares or for the purpose of planting replacement trees due to necessary removal of established trees for road expansion or other public improvements within existing R.O.W. This is not a required easement and cannot be required by the City as a part of a Developer' s Agreement or by any other means. It is intended that the Public Landscape Easement shall overlap any required bufferyard and further that provisions of a Public Landscape Easement am have no bearing on the planting requirements of the bufferyard. SECTION 5. That Ordinance No. 483 is hereby amended by adding a new subparagraph number 10 to Section 4 . 01B "Standard of Review" , to read as follows : 10 . All preliminary plats shall substantially conform to the Concept Plan .approved in accordance with the requirements of the Zoning Ordinance of the City. SECTION 6. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7 . 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 -m-5 . r • section. SECTION 8 . 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 Five Hundred Dollars ($500 . 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense . SECTION 9 . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 483 or any other ordinances affecting subdivision or development have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts . SECTION 10 . The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof . SECTION 11. 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 79 - � ordinance in the official City newspaper one time within ten days • after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. PASSED AND APPROVED on the first reading the day of , 1993 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the first reading the day of , 1993 . MAYOR ATTEST: CITY SECRETARY • APPROVED AS TO FORM AND LEGALITY: • City Attorney Date : ADOPTED: EFFECTIVE : b:\Ord_483.0 L // - 7 a ORDINANCE NO. 017 7 AN ORDINANCE OF THE CITY COUNCIL OF SOUTHLAKE, TEXAS, AUTHORIZING AND APPROVING THE CREATION OF THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION; APPROVING THE CORPORATION'S ARTICLES OF INCORPORATION AND APPOINTING ITS INITIAL DIRECTORS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the authority granted by the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes, as amended (the "Act") , this City Council finds it advisable to authorize the creation of a non-profit corporation , (the "Corporation") to be named the Southlake Parks Development Corporation, to act on its behalf in financing, under the Act, eligible "projects" thereunder; and WHEREAS, such projects are hereby deemed to be for the benefit of the public; and WHEREAS, the Corporation may exercise such other powers for such purposes as may be consistent with the Act, and subject to the approved of the City Council from time to time,; and WHEREAS, the City of Southlake is an eligible city as defined by Section 4B of the Act; and WHEREAS, the Corporation shall be governed by Section 4B of the Act, as now existing or as it may be amended. • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: f:\files\muni\slake\ordinanc\devcorp.ord SECTION 1. That the findings and declarations contained in the preambles of this Ordinance are incorporated herein as part of this Ordinance. • SECTION 2. That this City Council hereby finds and determines that cooperative action with the Corporation will provide a means of financing needed public improvements within the City, consistent with the Act. SECTION 3. That this City Council hereby approves the Articles of Incorporation (the "Articles") for the Corporation in substantially the form attached hereto as Exhibit A and authorizes the filing of the Articles with the Secretary of State of Texas in accordance with the Act. SECTION 4. That this City Council hereby appoints those persons named in the Articles, each of whom on the date of his or her appointment is duly qualified in accordance with the Act, to serve as the initial members of the Board of Directors of the Corporation, such service to be at all times subject to he powers of the City Council under the Articles. f:\files\muni\slake\ordinanc\devcorp.ord 2 SECTION 5. That it is intended that the Corporation be a duly constituted authority and instrumentality of the City, with the power to act on its behalf and to accomplish the public purposes of the City within the meaning of regulations and revenue rulings of the Treasury Department of the Internal Revenue Service of the United States promulgated under Section 103 and 115 of the Internal Revenue Code of 1986, as amended. SECTION 6. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7. 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 f:\files\muni\slake\ordinanc\devcorp.ord 3 7 -3 any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1993. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1993. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: • f:\files\muni\slake\ordinanc\devcorp.ord 4 7 ARTICLES OF INCORPORATION OF SOUTHLAKE 2UBSIG P R S DEVELOPMENT CORPORATION THE STATE OF TEXAS § COUNTY OF 'TARRANT § CITY OF SOUTHLAKE WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom is at least 18 years of age, and each of whom is a qualified elector of the City of Southlake, Texas (which is a duly established City under the Texas Constitution) , acting as incorporators of a public instrumentality and nonprofit development corporation (the "Corporation") under the "Development Corporation Act of 1979" , as amended, with the approval of the City Council of the City of Southlake, Texas (the "City") as evidenced by the Rcsolution Orinarce attached as Attachment "A" and made a part of these Articles for all purposes, do hereby adopt the following Articles of Incorporation for the Corporation: ARTICLE ONE NAME The name of the Corporation is "Southlake Public Parks ................... Development Corporation. " ARTICLE TWO AUTHORIZATION The Corporation is a nonprofit corporation, and is an f:\files\muni\slake\articles.rle Exhibit “Au industrial development corporation under the Development Corporation Act of 1979, Article 5190 . 6 Vernon' s Texas Civil Statutes, (the "Act") , and shall be governed by Section 4B of said Act, as now existing or as may be amended. ARTICLE THREE DURATION The period of duration of the Corporation is perpetual. ARTICLE FOUR PURPOSE AND LIMITATIONS The Corporation is organized exclusively for the purposes of benefiting and accomplishing public purposes of, and to act on behalf of, the City, and the specific purposes for which the Corporation is organized, and may issue bonds on behalf of the City for the financing; of projects (as defined by the Act and/or regulations adopted pursuant to said Act) for the permitted purpose 3ct forth in the Act gmaggmimmogammsamagovg recreation DIMOOMMUOVMAWV4k*UtIAANOMIX waVAi!iiitli0000.thOMPO:1;iiMli!itEMONAgigiingOteniii00:#0ggik-' 0!0•0404410 kwoomitomii!itmmitooittggaMeigottgigualgtANIPWauthority to install park and recreation equipment and landscaping on park and recreation sites and facilities and the authority to install -and 00#04iiii4VEMEIMMOIMAINIMICOMNIMIA04.!iii_02.4tginalitaaR00 necessary and appurtenant to the park and recreation facilities to ensure that they are made available and useful to the citizens of taiMi!oitylomminguot The Corporation may finance and undertake any 7I project authorized by Section 4B of the Act, subject to f:\files\enni\olake\articles.rle 2 >iiiii_r ::::v limitations• therein :::: .:::c. . the regulations and ........................,...................................,_:................................. :.::: '>::::.,;;:>. :<:<>:«:::• ;.r:>:i:'.::.:. >:"';:.;r,., t::.<.<.,.::E ':. >>n-ot»::underta :a ::.:.: ;:: '.:.;:.;::: -.rra�a:��z�..:::::h��ev:�,r:. ::::.tha:�;:;�.Sx�.:..�c�..: ::�:�a�s:�n:.::may:.:::.::::::::::::::.:::::::::.::::::::::::::::::::. :<> uts-ide...the . ....' :<:: :.:. .••� •'';''..•:.:: :•. :::. .; .,..;:prz% :.::-.ez:•RJ:f s>:,•&i.3:�Fr�:�>:: .�. d ....:....:::............................:.:::::...::::::::::::.::::::::.:::::::' .::::::.�::::::: ::::r•'SSi::::::vw::..�:::.:�::.�::. w;•.�::.�:::::.�:::.�:�•.::•Kw:.FnQ::•�.::SS: ....:...:.v, .:A:...;a.;S..:....v::..::..y,S.; ..: '. •.. •:..:::::...,....iiji' .:Si:S:.: }..: :)ii :ii':S ::: i':S:i:S:..•i v::}::YS •.::.::? -\ : ;:ii; ,:::.vi .. :S iS ..... :...:..:.:....5._..,. :r .•. :.i:'::.i:;':'ar3 ;..a�ad:'::>.ties *a:. - .csna: :;:.'f . . . .a. :..•< ;;:<: O : .:f a:, AVAM::. ....:.:..:::•:.::...., ..:;..'r:::;:::::w:::::.�:r.iri�.,+;;.�.;::ti.,::::r.i.:;.,.r...:•....::............r.:..,...:wy.:....,.......;.,v ,..4y. �t���;.:...:...::::::�:::i:'i. :'i UN i i:i' :iJ:.:' ::::y'::::::.',4:::...{ i::{•.tii::n n {}:i,...:.}:: ::ri:;a.. :ai:in•i r i::i},. .::. c''.�g. ..Y.ca'-i ic. r�:.:�o:.:.�o�e.:::oar.::.:a«; a�l.�.c�:�::. :�:... ::..:�:�..:�:�.�an.:::�fl�;:. ��:i:.:�.:.�..:r::::::..::::.:::::..:....:r::�:.::::�::::::i:;•;::i•:.::<.;: ota:Y.::::::::.:::::::::.::::NM:::;: .v.::::::,•.,.:yv.:......•...�::........:.:...:....:...A. Thei:iA.....0001)'Si�:•'S}S�i:iii: ..........:...............................................:..:..... .,••:::.,... ...v••.v::::,.::::: .�:,,•:::':•::::::•::::::.%•S: i :•:i:{i•iK•:: :S:.S:•: Si:•SS:•}::.:...:::;:.�:'Oi�.:.'::.�.5::::5:::.:::::.�:.:: ::::::::::::•.�:nw;:.:.::•.::::•::Y. .. ....:. :::n .,:::.. .:.v..:r. :: •:::}:}:. v... .. .:.::•:: }SSi:•SS}S}:Si.....viS.•SryX r.;.j iS:y:•S:; »:::<::::> : ': >:: :.ti .: >::>:.:. :>:::: ......t e-.::A :t..:::itag a <::>::::hc z v >>.::< e....a r t.o._::.� sum...:.ba�d�:.>:.>�.�:::;:;.'.:� 3����..�:�. :::::...:�....:...::.:.:.::::::.�.:.:::�:::.:_:::::::::::::.:::::::f::.::::::::::.::.:.::::,:,::.:::$.::.: ::..:.:::.:: bonds may be issued by the Corporation and no project may be financed with bond proceeds or other revenues of the Corporation unless such bonds or projects are first approved by the governing body of the City. The Corporation is a constituted authority and a public instrumentality within the meaning of the regulations of the United States Treasury Department and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to Sections 103 and 141 of the Internal Revenue Code of 1986, as amended, and the Corporation is authorized to act on behalf of the City as provided in Articles of Incorporation. However, the Corporation is not a political subdivision or political corporation of the State of Texas within the meaning of its constitution and laws, including without limitation Article III, Section 52 of said constitution, and no agreements, bonds, debts or obligations of the Corporation are or shall ever be deemed to be the agreements, bonds, debts or obligations, or the lending of credit, or a grant of public money or thing of value, of or by the City, or any other political corporation, subdivision or agency of the State of Texas, f:\files\niuui\slake\articles_rle 3 7 or a pledge of the faith and credit of any of them. ARTICLE FIVE FINANCING (a) Before the consummation of the sale and delivery of any bonds, notes, or other forms of debt instruments, the Corporation shall obtain approval by the City Council. (b) In the exercise of the powers of the Corporation, the Corporation may enter into loan, lease, trust, or other agreements as authorized by the Act that are necessary and appropriate to the fulfillment of the public purpose of the Corporation, all of which agreements, and the specific uses, and the methods of withdrawal and expenditure of the proceeds of the bonds, notes, or other debt instruments proposed to be issued by the Corporation,. shall be stated and described in the proceedings authorizing the bonds, notes, or other debt instruments, and must be included as a part of the approval process of the City Council required above. In connection with the issuance of its obligations, the Corporation shall select bond counsel and financial advisors acceptable to the City Council and the City Manager. (c) In the exercise of the powers of the Corporation, the Corporation may not enter into any loan, lease, trust, or other agreement the effect of which would grant, convey, transfer, mortgage, encumber, pledge or assign a security interest or any interest in any property owned by the City. Any agreement entered into by the Corporation shall contain language substantially to the effect that any grant, conveyance, transfer, mortgage, encumbrance, f:\files\muui\Blake\articles.rle 4 pledge or assignment of property owned by the City is prohibited. ARTICLE SIX MEMBERS The Corporation has no members and is a nonstock corporation. ARTICLE SEVEN SALES TAX Upon receipt from the City of the proceeds of the sales and use tax imposed under Section 4B of the Act, the Corporation may use the proceeds as permitted by the Act as now existing or as may be amended. ARTICLE EIGHT AMENDMENT These Articles of Incorporation may be amended at any time as provided in the Act, to make any changes and add any provisions which might have been included in the Articles of Incorporation in the first instance. Any amendment may be accomplished in either of the following manners: (1) The members of the Board of Directors of the Corporation shall file with the governing body of the City a written application requesting approval of the amendments to the Articles of Incorporation, specifying in such application the amendments proposed to be made. The City Council shall consider such application and, if it shall, by ?] a § , duly find and determine that it is advisable that the proposed amendments be made it shall approve the form of the proposed amendments. Thcn the '.': § Board of Directors of the Corporation may fs\files\muai\slake\articles.rle 5 then amend the Articles of Incorporation by adopting such amendment at a meeting of the Board of Directors and delivering said amendments to the Secretary of State; or (2) The governing body of the City may, at ,its sole discretion, and at any time, amend these Articles of Incorporation and alter or change the structure, organization, programs or activities of the Corporation, or terminate or dissolve the Corporation (subject to the provisions of the Act, and subject to any limitation provided by the constitutions and laws of the impairment of contract entered into by the Corporation) by writtcn resolution biethafid# adopting the amendment to the Articles of Incorporation of the Corporation or articles of dissolution at a meeting of the governing body of the City, and delivering articles of amendment or dissolution to the Secretary of State, as provided in the Act. Restated Articles of Incorporation may be filed with the Secretary of State as provided in the Act. ARTICLE NINE ADDRESS The street address of the initial registered office of the Corporation is 667 North Carroll Avenue, Southlake, Texas 76092 and the name of its initial registered agent at that address is Curtis Hawk. ARTICLE TEN BOARD OF DIRECTORS (a) The affairs of the Corporation shall be managed by a board of directors which shall be composed of seven persons f:\files\muai\slake\articles.rle 6 appointed by the City Council of the City for two-year terms of office. Each director must be a resident of the City, and at least four (4) of the directors must be members of the City Council. The three (3) remaining directors must not be employees,— r officers > nit f�if >'< :�:`��a< or members of the City :r:.;.�:�::::.;:<.: :.::::: :::.:: : :: :. :-:- :.::: outio the...tli.ratme:.::.:::::::.:::.:.:::::.::.::9:::.:::::.:.::.:::...::,::::::::.:::.:.::::.:....:.,........:......,..,.................:.:.....,..........,.........:.:.,....:.,....,... Parkgg#golimpogogkompogio Any director who is a member of the City Council 0.Mg4gigigoommiligaloomigaggnotesott4 shall cease to be a director at the time he or she ceases to be a member of the City Council ot' tbtnSti.agat§: _< ::.................. but is eligible for reappointment. A majority of the entire membership of the board, including any vacancies, is a quorum. The board shall conduct all meetings within the boundaries of the City. (b) The names and street addresses of the persons who are to serve as the initial directors and the dates of expiration of their initial terms as directors, are as follows: EXPIRATION OF NAMES ADDRESSES TERM Southlake, Texas Southlake, Texas Southlake, Texas Southlake, Texas Southlake, Texas Southlake, Texas Southlake, Texas f:\files\muni\Blake\articlea.rle 7 Ze-// Each director, is and must be, a qualified elector of -the City. Each director, including the initial directors, shall be eligible for reappointment. Each director shall serve until a successor is appointed. Directors are removable by the City Council at any time without cause. (c) The directors shall serve without compensation but, they shall be reimbursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the board of directors shall be filled by appointment by the City Council of a person who shall hold office until the expiration of the term. The officers of the Corporation shall be appointed by the board and shall include a president, e: secretary, and other officers that the City Council considers necessary. (d) The board of directors shall elect a president, vice prcsident, and a secretary serve as executive officers of the Corporation, as more specifically provided in the Corporation' s and By-laws. The term of each officer' s office shall expire on of each year. The City Manager shall serve as executive director of the Corporation to provide administrative support services for the corporation. (e) Meetings of the board of directors are subject to the Texas Open Meetings Act, Article 6252 17, Vernon's Texas Civil Statutes Ma` : #o0I: WWW WaCWW SSI, and the he Corporation is subject to the Texas Open Records Act, Article G252 17a, Vernon"3 Texas Civil t Statutes T g4�::>"G0A.:..:..::.;:<;>-:;-._;.�. ::::..:: ;::.::: :=<`,.. <:;.;:::;::.>;: >»:: ::2 • f:\files\nuni\slake\articles.rle 8 ? -/at ARTICLE ELEVEN INCORPORATORS The name and street address of each incorporator are: NAME ADDRE S S Southlake, Texas Southlake, Texas Southlake, Texas Each incorporator is a qualified elector of the City. ARTICLE TWELVE CITY COUNCIL APPROVAL The City has specifically authorized the Corporation by ordinance to act on its behalf to further the public purposes stated in said Resolution cv*I4',441.10.4 and these Articles of Incorporation, and the City has by said Rc3olution Q ` C 3, dated ::...:...................... , approved these Articles of Incorporation. ARTICLE THIRTEEN RESTRICTIONS No dividends shall ever be paid by the Corporation and no part of its net earnings ing after payment of its expenses shall be distributed to or inure o the benefit of its directors or officers or any indivi , firm, corporation or association, except in reasonable amounts for services rendered. Provided that if the board of directors determines that sufficient provision has been made for the full payment of the expenses, bonds and other f:\files\auni\slake\articles.rle 9 ��r -/3 obligations of the Corporation, then any net earnings of the Corporation thereafter accruing shall be paid to the City. In the event the Board of Directors of the Corporation shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the Corporation issued to finance its public purposes, then the Board of Directors shall convey such information to the governing body of the City and shall petition the Comptroller of Public Accounts to cease the levy and collection of the sales tax and any net earnings of the Corporation thereafter accruing shall be paid to the City. Regardless of any other provisions of these articles or the laws of the State of Texas, the' Corporation shall not: (1) permit any part of the net earnings of the Corporation to insurc Ma to the benefit of any private individual (except that reasonable compensation may be paid for personal services rendered to or for the Corporation affecting one or more of its purposes) ; (2) carry on propaganda, or otherwise attempt to influence legislation; (3) participate in, or intervene in (including the publication or distribution of statements) ,— any political campaign on behalf of any candidate for public office; or (4) attempt to influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drives. ARTICLE FOURTEEN If the ,Corporation is ever determined to be a private foundation within the meaning of Section 5. 09 (a) of the Internal Revenue Code of 1986, as amended (the "Code") , the Corporation: f:\files\muni\slake\articles.rle 10 7 ism (1) shall distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942 of the Code; (2) shall not engage in any act of self-dealing as defined in Section 4941(d) of the Code; (3) shall not retain any excess business holdings as defined in Section 4943 (c) of the Code; (4) shall not make any investments in such manner as to subject it to tax under Section 4944 of the Code; and (5) shall not make any taxable expenditures as defined in Section 4945(d) of the Code. ARTICLE FIFTEEN DISSOLUTION If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City after satisfaction or provision for satisfaction of debts and claims. INCORPORATORS f:\files\=uni\slake\articles.rle 11 THE STATE OF TEXAS § § COUNTY OF TARRANT § I, the undersigned, a Notary Public, do hereby certify that on this day of , 1992, personally appeared ---- — -- and , who, each being by me first duly sworn, severally declared that they are the persons who signed the foregoing documents as incorporators, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office the day and year above written. Notary Public in and for The State of Texas Notary Name Typed or Printed My Commission Expires: f:\files\auni\slake\articles.rle 12 • ARTICLES OF INCORPORATION OF . SOUTHLAKE PARKS DEVELOPMENT CORPORATION THE STATE OF TEXAS § COUNTY OF TARRANT § CITY OF SOUTHLAKE WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom is at least 18 years of age, and each of whom is a qualified elector of the City of Southlake, Texas (which is a duly established City under the Texas Constitution) , acting as incorporators of a public instrumentality and nonprofit development corporation (the "Corporation") under the "Development Corporation Act of 1979", as amended, with the approval of the City Council of the City of Southlake, Texas (the "City") as evidenced by the Ordinance attached as Attachment "A" and made a part of these Articles for all purposes, do hereby adopt the following Articles of Incorporation for the Corporation: ARTICLE ONE NAME The name of the Corporation is "Southlake Parks Development Corporation. " ARTICLE TWO AUTHORIZATION The Corporation is a nonprofit corporation, and is an industrial development corporation under the Development Corporation Act of 1979, Article 5190. 6 Vernon's Texas Civil Statutes, (the "Act") , and shall be governed by Section 4B of said f:\filesMuni\slake\articlea.e2 Ehxibit HA" Corporation is authorized to issue bonds as permitted by the Act, provided, however, no bonds may be issued by the Corporation and no project may be financed with bond proceeds or other revenues of the Corporation unless such bonds or projects are first approved by the governing body of the City. The Corporation is a constituted authority and a public instrumentality within the meaning of the regulations of the United States Treasury Department and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to Sections 103 and 141 of the Internal Revenue Code of 1986, as amended, and the Corporation is authorized to act on behalf of the City as provided in Articles of Incorporation. However, the Corporation is not a political. subdivision or political corporation of the State of Texas within the meaning of its constitution and laws, including without limitation Article III, Section 52 of said constitution, and no agreements, bonds, debts or obligations of the Corporation are or shall ever be deemed to be the agreements, bonds, debts or obligations, or the lending of credit, or a grant of public money or thing ,of value, of or by the City, or any other political corporation, subdivision or agency of the State of Texas, or a pledge of the faith and credit of any of them. ARTICLE FIVE FINANCING (a) Before the consummation of the sale and delivery of any bonds, notes, or other forms of debt instruments, the Corporation shall obtain approval by the City Council. (b) In the exercise of the powers of the Corporation, the f:\files\muni\slake\articles.e2 3 7 -/P • • Corporation may enter into loan, lease, trust, or other agreements as authorized by the Act that are necessary and appropriate to the fulfillment of the public purpose of the Corporation, all of which agreements, and the specific uses, and the methods of withdrawal and expenditure of the proceeds of the bonds, notes, or other debt instruments proposed to be issued by the Corporation, shall be stated and described in the proceedings authorizing the bonds, notes, or other debt instruments, and must be included as a part of the approval process of the City Council required above. In connection with the issuance of its obligations, the Corporation shall select bond counsel and financial advisors acceptable to the City Council and the City Manager. (c) In the exercise of the powers of the Corporation, the Corporation may not enter into any loan, lease, trust, or other agreement the effect of which would grant, convey, transfer, mortgage, encumber, pledge or assign a security interest or any interest in any property owned by the City. Any agreement entered into by the Corporation shall contain language substantially to the effect that any grant, conveyance, transfer, mortgage, encumbrance, pledge or assignment of property owned by the City is prohibited. ARTICLE SIX MEMBERS The Corporation has no members and is a nonstock corporation. ARTICLE SEVEN, SALES TAX Upon receipt from the City of the proceeds of the sales and use tax imposed under Section 4B of the Act, the Corporation may f:\files\duni\elake\articles.e2 4 • use the proceeds as permitted by the Act as now existing or as may be amended. ARTICLE EIGHT AMENDMENT These Articles of Incorporation may be amended at any time as provided in the Act, to make any changes and add any provisions which might have been included in the Articles of Incorporation in the first instance. Any amendment may be accomplished in either of the following manners: (1) The members of the Board of Directors of the Corporation shall file with the governing body of the City a written application requesting approval of the amendments to the Articles of Incorporation, specifying in such application the amendments proposed to be made. The City Council shall consider such application and, if it shall, by ordinance, duly find and determine that it is advisable that the proposed amendments be made it shall approve the form of the proposed amendments. The Board of Directors of the Corporation may then amend the Articles of Incorporation by adopting such amendment at a meeting of the Board of Directors and delivering said amendments to the Secretary of State; or (2) The governing body of the City may, at its sole discretion, and at any time, amend these Articles of Incorporation and alter or change the structure, organization, programs or activities of the Corporation, or terminate or dissolve the Corporation (subject to the provisions of the Act, and subject to any limitation provided by the constitutions and laws of the f:\files\muni\slake\articles.e2 5 impairment of contract entered into by the Corporation) by ordinance adopting the amendment to the Articles of Incorporation of the Corporation or articles of dissolution at a meeting of the governing body of the City, and delivering articles of amendment or dissolution to the Secretary of State, as provided in the Act. Restated Articles of Incorporation may be filed with the Secretary of State as provided in the Act. ARTICLE NINE ADDRESS The street address of the initial registered office of the Corporation is 667 North Carroll Avenue, Southlake, Texas 76092 and the name of its initial registered agent at that address is Curtis Hawk. ARTICLE TEN BOARD OF DIRECTORS (a) The affairs of the Corporation shall be managed by a board of directors which shall be composed of seven persons appointed by the City Council of the City for two-year terms of office. Each director must be a resident of the City, and at least four (4) of the directors must be members of the City Council. The three (3) remaining directors must not be employees or officers of the City, or members of the City Council, and at least one of the three (3) remaining directors must be a member of the Southlake Park and Recreation Board. Any director who is a member of the ' City Council or the Southlake Park and Recreation Board shall cease to be a director at the time he or she ceases to be a member of the City Council or the Southlake Park and Recreation Board, but is f:\files\muni\slake\articlee.e2 6 7 -a/ eligible for reappointment. A majority of the entire membership of the board, including any vacancies, is a quorum. The board shall conduct all meetings within the boundaries of the City. (b) The names and street addresses of the persons who are to serve as the initial directors and the dates of expiration of their initial terms as directors, are as follows: EXPIRATION OF NAMES ADDRESSES TERM Southlake, Texas Southlake, Texas Southlake, Texas Southlake, Texas Southlake, Texas Southlake, Texas Southlake, Texas Each director, is and must be, a qualified elector of the City. Each director, including the initial directors, shall be eligible for reappointment. Each director shall serve until a successor is appointed. Directors are removable by the City Council at any time without cause. (c) The directors shall serve without compensation but, they shall be reimbursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the board of directors shall be filled by appointment by the City Council of a person who shall hold office until the expiration of the term. The officers of the Corporation shall be appointed f:\files\muni\slake\articles.e2 7 by the board and shall include a president, secretary, and other officers that the City Council considers necessary. (d) The board of directors shall elect a president, secretary and any other officers that the City Council considers necessary, to serve as executive officers of the Corporation, as more specifically provided in the Corporation's By-laws. The term of each officer's office shall expire on of each year. The City Manager shall serve as executive director of the Corporation to provide administrative support services for the . corporation. (e) Meetings of the board of directors are subject to the Texas Open Meetings Act, Texas Government Code, Chapter 551, and the Corporation is subject to the Texas Open Records Act, Texas Government Code, Chapter 552 . ARTICLE ELEVEN INCORPORATORS The name and street address of each incorporator are: NAME ADDRESS Gary Fickes 155 S. Kimball Ave. Southlake, Texas Janet Murphy 1313 N. White Chapel Southlake, Texas David Yelton 1346 Lakeview Dr. Southlake, Texas Each incorporator is a qualified elector of the City. ARTICLE TWELVE CITY COUNCIL APPROVAL The City has specifically authorized the Corporation by ordinance to act on its behalf to further the public purposes stated in said Ordinance and these Articles of Incorporation, and f:\files\muni\slake\articlea.e2 8 the City has by said Ordinance, dated , approved these Articles of Incorporation. ARTICLE THIRTEEN RESTRICTIONS No dividends shall ever be paid by the Corporation and no part of its net earnings remaining after payment of its expenses shall be distributed to or inure to the benefit of its directors or officers or any individual, firm, corporation or association, except in reasonable amounts for services rendered. Provided that if the board of directors determines that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the Corporation, then any net earnings of the Corporation thereafter accruing shall be paid to the City. In the event the Board of Directors of the Corporation shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the Corporation issued to finance its public purposes, then the Board of Directors shall convey such information to the governing body of the City and shall petition the Comptroller of Public Accounts to cease the levy and collection of the sales tax and any net earnings of the Corporation thereafter accruing shall be paid to the City. Regardless of any other provisions of these articles or the laws of the State of Texas, the Corporation shall not: (1) permit any part of the net earnings of the Corporation to inure to the benefit of any private individual (except that reasonable compensation may be paid for personal services rendered to or for the Corporation affecting one or more of its purposes) ; (2) carry on propaganda, or otherwise f:\files\muni\Blake\articles.e2 9 attempt to influence legislation; (3) participate in, or intervene in (including the publication or distribution of statements) any political campaign on behalf of any candidate for public office; or (4) attempt to influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drives. ARTICLE FOURTEEN If the Corporation is ever determined to be a private foundation within the meaning of Section 5.09 (a) of the Internal Revenue Code of 1986, as amended (the "Code") , the Corporation: (1) shall distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942 of the Code; (2) shall not engage in any act of self-dealing as defined in Section 4941 (d) of the Code; (3) shall not retain any excess business holdings as defined in Section 4943 (c) of the Code; (4) shall not make any investzents in such manner as to subject it to tax under Section 4944 of the Code; and (5) shall not make any taxable expenditures as defined in Section 4945 (d) of the Code. ARTICLE FIFTEEN DISSOLUTION If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property. of any kind, real, personal or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be f:\files\.uni\slake\articles.e2 10 transferred and delivered to the City after satisfaction or provision for satisfaction of debts and claims. INCORPORATORS f:\files\muni\slake\articlea.e2 11 THE STATE OF TEXAS § . COUNTY OF TARRANT § I, the undersigned, a Notary Public, do hereby certify that on this day of , 1992 , personally appeared and who, each being by me first duly sworn, severally declared that they are the persons who signed the foregoing documents as incorporators, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office the day and year above written. Notary Public in and for The State of Texas Notary Name Typed or Printed My Commission Expires: f:\files\muni\slake\articles.e2 12 7 07 7 City of Southlake,Texas MEMORANDUM October 26, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-73 Plat Revision - C. A. Sweet Addition REQUESTED ACTION: Plat Revision of Lots 4BR1 and 4BR2, Block 1, C.A. Sweet Addition, being 2.45 acres situated in the J. W. Chivers Survey, Abstract No. 350. LOCATION: 180 Sweet Street OWNERS/APPLICANTS: Lee F. and Mary L. Conway CURRENT ZONING: "SF-lA" Single Family-lA Residential LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Eight (8) RESPONSES: None P & Z ACTION: Approved (7-0) subject to the Plat Review Summary dated October 15, 1993 . STAFF COMMENTS: The applicant has met all the review comments of the first Plat Review Summary dated October 15, 1993 with the exception of those items addressed in the attached second Plat Review Summary dated October 29, 1993 . 0,47 KPG/gj c:\wpf\memo\cases\93-73.pr O A-I ` —4--------I ._= III C'•.•i� ,.- uax_1a rror. r , !%% �. ____ __ III' _ �= I L I— -- „ , -------- • illikl.E1- 9. W. HILLS C 1III • .Iu',,. 11111 ------ ; 1111111111111111111111111111111 I , ,.....r, ,,,, 3,r IIII..:111IIIIIIIIIIIIIII111111111 1t'Gillllllllllll in min , !!, :; i;i . , g 11�IIIIIIP* DAVID D®LITHIT :;'::; (1&-/Iiiirt;:, , • Ipi11iu11111p\ DEN TON 1 " rdIr J%`f!/Y.- y� SILLS IIIIIIIIIIIIIIU' TARRANT = _ mow� rej .. .e.. I Ai)' " ..' W :Lk ........, kr K1C 44 n, . MEDLI�1 DAdID D®adTHl i/Jar mr ' 7 MA vs i I tit _ !WO 04/111 '1 . .- - . litm lini,elli _ ...._ FrAr_r: N‘Iliric-4110, Aft \ iii miiii : "11....4.011. • ' 41P.401.-i-: Ill ' [LP MARTIN krIlk 41170,,l*la • . liglialli F40114/41 :, II/ 1 'NINE III I 1111 I - • :.----- . gill.4[1‘11.11.111.1ttlIIIII: In NM �� I x.W xrx irl I OC W2 I--.111.'t.111041%.f4 4- 'WEAL , - lk I . to LiAltnill " *--- ....411. ;11 ligifiria.111.-E:10 1 WI NI..,,....4 se,-... . , 5 FAT ., , . cmayEns 2 — r. . -. ••,.;•mil-:, 1 I., T,` i Q r Ad , Jy : r�ft = _ I . 4 .A,. >z �� i !iiJ I 11111�l1 ,�-�------ - - - -- -ik ' a j ± ' APT- 1 u o 1 I vat u =t Y e -� WI FEEDS( 1I J. WEST 1 91&VA 1 F �I 1 5 AKA 1 J� 911 .:, x rixI 9 AO I AESALOR It C1-11VERS [ a x.. x au -—-- ItK __8 _��_�—CFI-_ _- 1-;41KIliki It CHIVERS � I c �I� I , �K „ vs-1., emsy I,4 r = u �' r . NO xxx s tt a' R, H_,"1R_}W V1I1A m I D'' iltSra�. Y JACE D. JOHNSON 41 ' TRAC T LOCATION MAP_ ' = THO§�__ 'II n 1 h +4— I-1'. 1 I 1 1— �.la I r. .,6� __- 1- Tx w. , r. WI . ...ix� r w. 1'a1 I I Irz i u. xa _ cn um r.x a,x i �� I 90.55001601 w�. t 1,4 gill SC600L C nx ..flr w0 •--.I—.I �'�1� —� C Cyl�Fl ■ K • 111111M 77•\ HALL W.W. HALL I,IY - TR 3B1A • 8.25 AC TR 2F6 TR 3BIC 2.39 AC 87 AC "SF-1A" "SF-lA" TR 381 J. GILBERT- P. GONZALEZ TR3E 6.95 AC — — — K. SORG • "AG" "AGE, "SF-lA" S.CONWAY NELSON . 7 4.- "AG" L at P.SPARKS 4A lA 1B iC 'AG" '2 H.MCPHERSON , 3A3A SWEET ST TR 1 AC , \ 1G `, I I �o A° 28.73 AC " I 7B 7 7A "AG" + t' I 1 P.SPARKS • a "AG" , „AG" -f-' I 6 5 TR 301 E. COMPTON 1 AC TR 3C 5. 14 AC I TR 1G1 3.511 @ 0 vER5 J N�v EY I 'O S� 350 TR 1E2 A' . 6.545 @ E 2 I PI _r,n1_1- ADJACENT OWNERS & ZONING . 1 I L 2102-476 i 1 1 1 00 800 900 1000 CARROLL I. D TEXAS 8�-3 STATE PLANE 300 COORDINATE SYSTEM NORTH CENTRAL _a City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 93-73 REVIEW NO: THREE DATE OF REVIEW: 10/29/93 PROJECT NAME: Plat Revision - C.A. Sweet Addition, Lots 4-B-R-1 & 4-B-R-2 OWNER/APPLICANT: ENGINEER/SURVEYOR: Lee F. & Mary Jo Conway Ward Surveying Company 180 Sweet Street P.O. Box 820253 Southlake, Texas 76092 Fort Worth, Texas 76182-0253 PHONE: PHONE: (817) 281-5411 FAX: FAX: (817) 838-7093 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/25/93 AND WE OFFER THE FOLLOWING STIPULATIONS . THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TOM ELGIN AT (817) 481-5581, EXT. 753 . 1 . Provide dimensional ties at the rear property lines for the 10' U.E. along the rear of the lots. • * Original signatures and seals will be required on each blackline mylar prior to filing the plat . Also required are two sets of owner' s dedications and notaries (8 . 5" x 11" or 14" paper) with original signatures and seals on each. * Denotes Informational Comment cc : Lee F. & Mary Jo Conway Ward Surveying Company 3,_4 • IITAT•Or LOT I,BLOCK I, ST ONCOATC MANOR CSTAT[ .•• a.a Dr.•...t•1l•e too.area ea t.•o t•er try.l•. '1• �rN up,' f ur+t.• uaa w.. •, yt • r•lep Y a.e�r rw°yr..1tll`r'll].. f l ooterl Yel:.b e• ...b e prod..aril I .___ -- —{lam_--••••On-1.1T.•::.Sr"L'Is'"r•.ee..2- rmm.., -_ lwy wcr-.w.r••elpr moo --I T•[MI Lot•-a. flra 1.of C.•.fade[A.M.to tb City or Noenlab, .__. ..dnp.wool.Dp --ii0 a, �.e—„T.... C•...be.••oho.Oa•plat tf r•ce•l•TM•r/0-1s0. ... me 50,plu[•tort•, Lomat,..T.M..•••Thal.acre I — _._l -_.- ------ _ Peru...•....rerlw..y mt aM rot a roue.., •11.Tr T.r.or----—-- � 1.01..0 at the op.foe F. ` •th floc[w.It tbcta.rllr..roar••oer of e•'•Let•-f. Ig r— T0[0et b t 30.0...a paellas•t•tree rw.le tb North II..et I i —� • ..ia...w•e. tooel.a.0 la all 1a•.00 ewt to•h•tram LOT 3 LOT 4•B•R•1 LOT 4•B•R•2 L-, LOT4-A tor•for mrrcr i IT : I .poop ten TN[a0• NoM]J.]O feet t .h'lrr.Ne•t Tor or•t..the No•Nrll T t VOL,....•,. p,a re _ a J mrrr.f tald Yt._., • I� t }IInC• forth 201.00 feet to•4'it.trod•l the NrtnrM oast[ a of a•1•Lot 0-fI • S I_ , TNOIC[ U.sap-OS'-DO•f.J[I.sd foot abop lb Notts llae•f loll 1 Yt.-f.!e•4•lmo too•1•t the .[Noah[mrne of..r I' Pf ,BLOCK !!.I -4-41 •"H^"lam' TNrNe• South•Yos the[u!am.et•ae Ye•_..e JJo.M foot ' pa•sl°0 a 4•Ire..t If Mr to the Dept..,Il°•of sal• o c ``V talatlep rood mealeolep ft all Jsp.O•ere to •1• -LCT s-B.. �' cops. :°,(l'� 1 Lb.[.n...a m .ocf'..0 Lot.-f I.eN own.rllo.of uu 1.1 I. 1 road.••.r.l,..r III 6 j r j TO.. bi.a[J.10 toot Y!ea!Om of•[Olf[IW tad coal .•9 T :8 I(�i PM TNunn•,nw Milan fr TI[n nu•mI N i TMT n.Y.r.Conway•4 Kar>Jo Comm,.bele.:ll a tb tooer. ;� �: do hereby adept[--•plat•-elM•tlev r luboo yr of ...peaty •-le.• a 1.C.A. , dlllr II• LOT 2 .e ..e.. .,..T • 6-R i CI.of .....and...onto •..rota.-.tool dedtd.a• c d oo• plot .a.•my �,I; , - -- 'R ill r I r lhl i•1ur o. .rr •N to Iff soy. 0 r .I. ` '.Merry. I et 1 _-_-�- o[mu a>e.o•.0e. Coe•iT.TM••,tnl•m. SWEET STREET:,� • �tlw11.1.on.. �In0 • .I; 'Ip 0,/ •° I J • +..Kr.o.e.....1..... L.r.shoats r Jo Coo., • • dr. :,,•� �• .nr.re,. 'MAP o.NA. Mart r nru I�I LOT 6 _._ + �_a _1 ♦♦\ • T�— town o1 Ta•aaR • 1 •_y �. 1� Js ' 11• [Mr All WTI.TNMS r•1TrNn man n.tb uootalP.d Mtbrlt •hall 4 I I ..,a..•r h• •- .;~,. I,�• K. ±_� W I.Co.. ad •C.a... •ere f•e `14.0 Mr•.•1[b.Ma"• (, ..terlbd •tad•.e.•and Mr•teln•1......•nd a MMI... '1 `■ 1 0 Y•."`i•r "oo�.or.. n......rr [ Na rf J .I. 1 Its '�•I I/ `• .r Y,'��� T( r • Nn yr:ft........T.,�rrOrOira,Teya.pr•rwYb to Bo th atd they a TM ca...'••••r Ter the..rMM.•••e•n•IM..alr _ u O...•D A...a]D.Mel. O. ' '� � 1 Ir �, 1•11.T11.1.A•R.rra.r r r.10.AND eon.MJ01 OI.Y O•D ltn t•oodt•la l dal H `I rrn�} MOLL.[...•..rr.,0�,..vrr,pr.�tr.aua •ut. ``TLC', t t�• 1 44 T l ....,.y.l r mar.,O•..IN•N.1 twI.w..�.trl.K r of l°It.ad for tY G. I •[ S �� I '1 t.N tare r On r ea..ree.a�4Pr vy.o.t rra r motor, r'•f'T..a•. 1 • t�'J_... • -I_... • l boon. r.umrMM01.•rwtrtr p •��Oa L _ ...halo•.plr« �•di. �\\1 ...............•.,i.el.ate•.t•.rrq....arr . '1 I 1.1.V.N1r rho•eanLrr...me.K.rC.ry • • LOC1T0I W ...1..tr O.e.rlwr.ge•q..r ra PLAT REVISION ..▪ .,..................vo�r'�'re�r�r. ▪a`.r a..sw..rave.ally.....y.O...r...r+ LOTS 1-B-R-I,4-B•A-2;BLOCK I �errena.er 4••.r Dlo'n"r.'I..+r.r't`[.I" ••.,r am oo r• Y a woolyRim••Amor,Norte r ram.. . • C.A.SWEET ADDITION �':I......T�.r�w.,�a•"��'� •�.�T•r floor.d.r:�,.;I.�,T.�..�..0•Dr aM 4 r., a,1rY_ti•r�•J1.h ••]• .e...act r a`.e�T` •ot.m' AN ADDRIDN TO THE plat m." . r.Drrooa.a to•• Tq'r • CITY OF SOUTHLAKE "r• D.a. r •01.• rm...den.I tar s.r.aer TARRANT COUNTY,TEXAS we GIJ01.' • [ae•CN[t lit Tn•J•CNIV[.•w.Vty0JT0•CT 300 • 0 Li N0•11LV1601/or LOT•••,BLOC.I.G.•.•0T[TAmODs NOT„ • •t NaO10[0 IN VOL 300940,60 50,P.TCT b. tab Coorl blap t .-OUST Ips]J[LOTS .No.'1..C.A.Plea.......e oho..r.e.`y.w b` lair•r ant droll••]oe ...the prop.•• • Les l-a-].nmt 1.t•theca eerooa. CITY COUNCIL . SOUTHLAKE, TEXAS Conway APP.O•IAL DAM • Nortb Ce•.•> 1u1TJ. aLCI1LINR O..[.• L[[I• •r PLANNING AND ZONING loom`T'nFAST50oo • SOUTHLAKE, TEXAS • APPROVAL DAIL •, ,ART • WARD"lCOWANTrvtTIHO w= THIS PLAT FILED N CABINET—SLIDE—DATE cAse Alp.7A 99-7.5 �,(�/ City of Southlake,Texas MEMORANDUM October 26, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-86 Preliminary Plat - Lot 1, Rougemont REQUESTED ACTION: Preliminary Plat approval of Lot 1, Rougemont, being 14.782 acres situated in the Thomas Beedy Survey, Abstract No. 72, Tracts 2A1 and 2A1A. LOCATION: 1900-block of North Peytonville Avenue OWNER/APPLICANT: Drs. Meyers (Yves & Sharon) CURRENT ZONING: "AG" Agricultural LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: The applicants propose platting the property into one lot and keeping the "AG" zoning. They plan to demolish the residence on the south side, keep the residence on the north side for a caretaker's quarters, and build a new residence for themselves to the East. NO. NOTICES SENT: Seventeen (17) RESPONSES: None P & Z ACTION: Approved (7-0) subject to the Plat Review Summary dated October 15, 1993 and deleting items #4 (extension of Brittain Drive across this property to the South) and #5. (15' U.E. for water line extension) . STAFF COMMENTS: The applicant has met all the review comments of the first Plat Review Summary dated October 15, 1993 with the exception of those items addressed in the attached second Plat Review J]� Summary dated October 29., 1993 . KPG/gj C:\WPF\MEMO\CASES\93-86.PP - -w• _. f � 11111/1►//I _DAVm DO utulliil F /r, 11 ... I "mire •.:,:ate.. I t -' Tjlu 1jo11111111\ DEN J. IllE tlf 1 1 x W. PALLS ■ IIIIIIIIIIIIiIII' ... ... _. ► TARF Li---_-- — --m- 1 - — - v; `rr DAVID DOW ` 'mow x, Ill •w w \ ,.o...-r t Z ...off iljes4 -I :110 i __ 350V p N 1. skis U.P RldA10111 TIN trAlt C.M. 444 MO THROW 4 I �Qp� NM' aarr A-1a. x, 1 I a 1 �,Ij, 1 xx, q - _- ---- N.11 % } r 12 3, Ili it 7 1 70 7*1L I -_-� 71 �i,7 w�A 1�]1� I I ' , • IC • 11 �` -HES E. MARTIN i 1 hril r • }} 1..�lei.. 10-. x II � �- r , 1 Mil rce, mrili_Mli mil 0--mill= iiiiii i . fir. Ia I . a , A Tlk'l ��1• le C. EMU x ,=� �E'_ J. WEST t�l.tr JEMMY 4-101.R �!. aii ter— L it ma 1„ a.1,.,-�1,.. ,. it�y1�=■ aa+.r C , II li - lat. li, WA 1:411111 lift,f {i•'1uV%-.;'-f•'4'1.1 Ion .L- -ii� l I 111• ' MAIM ta,, Dart o•�y , 1 w au..� , W F 4Tc1'*•INN ! 11rikl roi1a n r.1,1101o.0i„m: i -__'s3'1 0/^i c b, 1 a; 1 il I D 1 f, •: �. IIM surtal: ji mean -""s_. us MAIM . I, wits . . gmert vo, . ; Iiimmai im No iti ,.q BV 7 ,- Or' ' .,.' n Y K- 11-.1;1 I c C _ '['w7R `!. ..!'t •• I '7 s Y14OI'�� �i+.mm1m AM 1 YN x xx1 M17 , M r t� TRACOATIONMAP :x'7i°- � L '. Tk �IA �A A 1111Sil - -Mt tra4< riLl J 1 „� w-,Fr i .� c W A ' I. w4 MR II747,17-to 1 ir . dirrA :lid'?or.lts 4 re k- ►•T.• 04471 MI El i 1 1 .. . wxs .. •' iti1• meows-..Mil / 1i;' Mirillielps!,1111ipal*AcP' oar D1� C.1 1 I I•T" .. •1 wA ,,1 im . .,.2rj 11�1I: , © Ili illitil_i 9�pR� ,sn.. .1. m � / `'•'as �J IIli Erl' • ,�,■■' �rlr►1�li' 10 10**11 . I t \A - M $ M V///)�//)e S C 1 R GP (y m 2 5,,, O gO TA 1A2 w, - -'�'� " 1 'I�7vEY 2@ ,� gl IQ ��� (SrJY Sv^/2 6 A A 1� 4R 1 2 ,,. I J 1 A L€RA P� ,360AE17, JI 5R P1/4QA. . J N VIS. d, 8.25 AC TR IAI Zs^Itrµ+c BRITTANY CT 3R f 36 (7.25 AC) (1.0o Ac) 1 AC Y N A 1 /r' }� 8 faM CXTIIIU, RI S-• -I •'A O_'6" , IW I MATTS.21. 3 • g' 7 TR 6 J. Hornick ( I �E ER. Si O'CONIIOR. TI m AIRTIME'S. di 17 AC AC '/ ...�*^•+'�,. ..,. - HUTTON. C, 00 A IMITS 22 '°' — — TR 44111111 7 . @ TR 1D 1 r 6 AC t06RTON,.A' • AG" li7 1 13 14 ALLEN, W TR •SA NN )M mu5AC / 1 COSTELLO, M R . 12 ST `, I J m R I CIIfRS, 9ARN O EY, _• COULTER, 0 I��O AOC, • WIRTALA, O: I. 111 1' t' $ �•AG` TR 2A2A `, ' 3R vv 3 TR 101 R I 10 AC S F I 1.00 @ i ( 1 AC 11 U I ' m m1°!0 6ER1IVTZ-FARAM. { NSCC 2R :�i J O 13 14 _ 15 W 1.00 @ AN1 t- 7 ? TR 2A2 I 10 AC K PL A 666A n b 1 I 10 c.� I 1 PLANTATION DR ADJACENT OWNERS & ZONING . as m m t 4 3 2 8 • 6 7 2096-472 This tax map was compiled solely f( TEXAS Tarrant Appraisal District who ass( STATE PLANE for the content or accuracy other i COORDINATE sysTE� f -ARRANT APPRAISAL DETECT NORTH CENTRAL j ZONE City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 93-86 REVIEW NO: TWO DATE OF REVIEW: 10/29/93 PROJECT NAME: Preliminary Plat - Lot 1, Block 1, Rouqemont OWNER/APPLICANT: ENGINEER/SURVEYOR: Yves & Sharon Meyer Thomas L. Thompson 1925 Peytonville Ave. 1400 W. Euless Boulevard Southlake, Texas 76092 Euless, Texas 76040 PHONE: (817) 329-5306 PHONE: (817) 267-9269 FAX: FAX: (817) 571-7959 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/25/93 AND WE OFFER THE FOLLOWING STIPULATIONS . THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TOM ELGIN AT (817) 481-5581, EXT. 753 . 1 . The final plat of Brittany Place provides a street stub - Brittain Drive - to the northern edge of this property (has not been constructed though. ) Staff recommends a 50' R.O.W. reservation be extended south across the property to the north line of the Stevens tract. Show 40' building lines adjacent to Brittain Drive. 2 . Dimension the apparent existing Peytonville R.O.W. along and within 200' of this property. 3 . Change the name of Brittany Drive to Brittain Drive as platted. * Original signatures and seals will be required on each blackline mylar prior to filing the plat . Also required are two sets of owner' s dedications and notaries (8 . 5" x 11" or 14" paper) with original signatures and seals on each. * Denotes Informational Comment cc: Yves & Sharon Meyer Thomas L. Thompson IL I . 1 H ., BRITTANY COURT —....,..._`.... -....-nr Q> i- Lw --+ -T.----T=4. — m[ _1 re•:;11 :Ili(3°P------C?C;_l_______ , ::::),' c < erli .(7::-J- W.:8•":, b.:- o-..... (ilj,o w.lwet PRELIMINARY PLAT: LOT 1 ROUGEMONT CITY COUNCIL Kv.0:"7:.1oK fM ._anw uZMM M :Fir SOUTHLAKE. TEXAS PLANNING AND ZONING ' SOUTHLAKE. TEXAS cwru.r .,�.,.v... T«.Rp Mfl 4 y ORDINANCE NO. 598 AN ORDINANCE OF THE CITY OF SOUTHLAKE ESTABLISHING THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN) ; PROVIDING FOR APPOINTMENTS TO A NEIGHBORHOOD COMMITTEE AND SPECIFYING FUNCTION; PROVIDING FOR A REPEALER CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City Council of the City of Southlake, Texas is of the opinion that a citizen advisory committee would be of assistance to the City Council and City staff by providing a more available form of citizen participation in the affairs of the City and to create a forum for neighbor to neighbor communication; and WHEREAS, the City Council desires to create such a committee by ordinance establishing the SPIN Standing Committee' s membership, terms of office, and responsibilities; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUT HLAKE, TEXAS : SECTION 1. That the City Council of the City of Southlake, Texas does hereby create and establish an advisory committee to be known as the "Southlake Program for the Involvement of Neighborhoods (SPIN) , " such committee to be composed of ninc (9) UNNOMen citizens of the City of Southlake, Texas, who shall reside and continue to reside within the corporate limits of the City during the term of office for which the citizen is appointed. A representative of the City Manager' s Office shall be an ex-officio, non-voting member • of the standing committee and shall be responsible for administration and coordination of standing Page 1 B:SPIN-ORD/ORD&RES/kb s committee activities . A quorum shall consist of five (5) alitMMO voting members for the purpose of conducting business . SECTION 2 . That membership of the standing committee shall be constituted by appointment by members of the City Council, and . shallbe appointed for a term of two (2) years with no member to serve more than two (2) consecutive terms. Serving a total of four (4) years on the committee shall not preclude another appointment after at least a two (2) year absence from office. In the appointment of the initial committee following the effective date of this ordinance, the City Council shall appoint five (5) agiONSWE members for one (1) year and four (4) agigiffin members for two (2) years: Seven (7) AU of the members of the committee shall be selected -according to neighborhoods as indicated by the neighborhood map attached as exhibit "A. " Each of these members will represent two (2) neighborhoods and should 0400$60E0M4aa. .............. tagitESNWEENESPERMErdigilMEOMMTionnewitsweateaggfiev The remaining two (2) members of the committee shall be selected from the City at large requiring only that they reside within the City SECTION 3 . .That members of the SPIN Standing Committee shall serve without pay, but may receive reimbursement for actual expenses incurred after prior approval of the City when such expenses result from the performance of official committee duties . SECTION 4 . That any member of the committee duly appointed under the terms of this ordinance shall automatically forfeit the seat on the committee so held in the event the member 1) discontinues residency within the corporate limits of the City of Couthlakc fidiltiEWBOtia - ---- ::::::i::::::i::i::;::i':i:::i::S:'::i::::::::::::i:.:.:��;:.:::::i:::::..::::=::i:::::i:::::i:>:i::i::::::::i::i:::ii::::i:':::::::::'"::i:.;;:::::::;:::.:::R::is:::::i::::::::`::".:i::>::i:::t::SR::::ti:: .`c::`�::`::::'-R::r:";:;:::-c:'-.`:.": Vie:-:;:she:.»>w�:�::�:::a-::�.�:� �:ed:::>;:::�e:::>::�e:��.�e��n�::::>:::�:�::>::>:de: >��ed::>::::�:�::<::::�he:>:::::�.e:�:.:.h��xh. d ffiatiOnteRWOOMENOMM, or 2) fails to attend three (3) Page 2 B:SPIN-ORD/ORD&RBS/kb consecutive committee meetings without good cause as determined by the remainder of the membership of the committee. SECTION 5. That the SPIN Standing Committee shall elect from its members a chairperson, a vice-chairperson, and secretary. The _committee shall meet once a month. The SPIN Standing Committee or rep- resentatives thereof as ordained by the committee shall meet with the Southlake City Council at regular intervals a minimum of four (4) times a year to communicate neighborhood needs and concerns to the Council . SECTION 6. That the committee shall act in an advisory capacity to the City Council and the City staff in the planning and implementation of programs and activities involving neighborhood concerns. Specific concerns and activities of the committee will be determined by the committee itself after due consideration of the advice and cooperation of the City staff, the City Council, and neighborhood groups, with an emphasis on programs and activities designed to improve the quality of life in neighborhoods either singularly or collectively. A second and equally important aspect of the committee shall be to provide leadership and coordination for the activities of neighborhood based groups of citizens and to provide a channel of communication between citizen groups of Southlake and elected officials and/or City staff. SECTION 7 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 8 . That it is hereby found and determined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the place, time, and purpose of said meeting was given as required. Page 3 B:SPIN-ORD/ORD&RBS/kb j PASSED AND APPROVED on the 1st reading the day of , 1993 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1993 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: • EFFECTIVE: Paged 4 B:SPI -ORD/®ERES/kb v SOUTHLAKE PROGRAM for the INVOLVEMENT of NEIGHBORHOODS ARTICLE I: NAME Section 1 . Name: The name of this program shall be the Southlake Program for the Involvement of Neighborhoods (S.P. I.N. ) . ARTICLE II : PURPOSE Section 1 . Purpose: The purpose of this program is to provide a more available form of citizen participation in the affairs of the City of Southlake and to create a forum for neighbor to neighbor communication. The organization' s objectives are: a) To direct and channel citizen involvement and participation in the City and its government . b) To provide a common meeting ground for neighbors to .come together for the free exchange of ideas on a wide variety of subjects. c) To act as a mechanism to leverage Southlake' s wide array of human resources and establish a public forum that will ensure a permanent, ongoing, community-wide dialogue. d) To include citizens in governmental problem-solving procedures. ARTICLE III: STANDING COMMITTEE Section 1 . The City staff shall identify sixteen (16) Southlake neighborhood. Characteristics of geography, proximity and . other homogenetic factors shall be use in their determination. The Southlake City Council shall appoint a S . P. I .N. Delegate from each of the sixteen (16) neighborhoods who, together with a Youth Delegate appointed by the City Council, shall constitute the S.P. I .N. Standing Committee. The term of appointment shall be set by the Southlake City Council. Each appointee shall reside and continue to reside within the neighborhood he or she is appointed Page 1 DISPIfl.NIT/ORD&RES/kb to represent during the term of his or her appointment . A representative of the City Manager' s office shall be an ex-officio, non-voting member of the standing committee and shall be responsible for administration and coordination of Standing Committee activities. A quorum shall consist of six (6) voting members for the purpose of conducting business. The S . P. I .N. Standing Committee shall elect from its members a chairperson, a vice-chairperson, and a secretary, who, together with the designated, non-voting representative of the City Manager' s office, shall make up the S.P. I .N. Executive Committee. The S .P. I .N. Executive Committee shall meet once a month. Section 2 . The Standing Committee shall meet, at least, quarterly with the City Council and/or City Staff . ARTICLE IV: NEIGHBORHOOD COUNCILS Section 1 . Each S.P. I .N. Delegate shall appoint a minimum of three (3) Neighborhood Council members who shall reside and continue to reside within the neighborhood to whose council they are appointed. Any person, resident in the in the neighborhood to whose council he or she applies, shall be appointed by the Delegate to said Neighborhood Council. A quorum shall consist of a majority of the Neighborhood Council members . At the first meeting of a Neighborhood Council it shall chose a geographically based name for same. Section 2 . Each Neighborhood Council shall meet, at least, monthly. The meeting date and place shall be set by the S . P. I .N. Delegate and he or she shall conduct same. ARTICLE V: ANNUAL MEETING Section 1 . All S. P. I .N. Delegates and all members of all Neighborhood Councils shall meet with the City Council and City Staff on a annual basis. The date, time, place and agenda for such Page 2 B SPIR.ART/ORD&RBS/kb (Fe meeting will be set by the City Manager and the Mayor in cooperation with the S.P. I .N. Standing Committee. ARTICLE VI: COMPLIANCE WITH ORDINANCE Section 1 . The City of Southlake has adopted Ordinance No. which establishes the S.P. I .N. program and any part or parts of these Articles in conflict with the provisions of City of Southlake Ordinance No. are hereby repealed. Page 3 B SPIN.ART/oIrB3s/kb Fe- 7 City of Southlake,Texas MEMORANDUM October 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-83 Specific Use Permit / S.U.P. for Private Arena The applicant has requested to table this item until the next City Council meeting on November 18, 1993 . KPG/gj 8D-1 1 4 dffanafixtal And , as rip r difauswaii 2toataw, Sant .551 'Jar 76004 Bums . .frs l 8r q-gle.S.po Ain ogle Mmtfo& latait4 19^1BZ� eo• ON:baba @fg 1 93 VIA FiliMt MD.MIST CLASS MAIL Va. Karen P. enzabr I c'i I' My of _Yi. _ Bel North 056111011_A O 1 Taw +AW 'I� 7)481-01388 Re: CaseNo. -98-88 Sped&Use Penvit ter equestrian uses pet Ordiasiies No.480,&a45-1(18) 'Ostir Ms. Gandy: be need t thisfirm�e Mr. . Barnett in t s roferencedmatter: A l is 1n tbia cone ea Tuesday,Sri - 2, IBM € u ' ��with, ,lam requeetbag that this Woe be tabled set it disoussion at the next eounoameetiog«tea, ,Noronha 16,,3.993. e1vi a if ii a of tha mew. Thankyou kw your P- very truly yours, Kelly Deem Mr. & Tommy Barnett TOTAL P.O1 f 1111 0 ' ORDINANCE NO. AN ORDINANCE LEVYING SALES AND USE TAX AT THE RATE OF ONE-HALF OF ONE PERCENT FOR THE BENEFIT OF THE SOUTHLAKE IlLoOk. PARKS DEVELOPMENT CORPORATION; PROVIDING THAT THE _ TAX SHALL BE ADMINISTERED IN ACCORDANCE WITH CHAPTER 321 OF THE TEXAS TAX CODE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Development Corporation Act of 1979, V.A.T.C.S. , Article 5190. 6 (the "Act") , provides that certain eligible cities may create an Industrial Development Corporation to be funded by 4111 a sales and use tax for the benefit of the Corporation, if the tax is authorized by a majority of the qualified voters; and WHEREAS, the City of Southlake is an eligible city as defined by Section 4B of the Development Corporation Act; and WHEREAS, in accordance with the Development Corporation Act, an election was held in the City on November 2 , 1993 , in accordance with Chapter 321 of the Texas Tax Code for the purpose of submitting to the voters of the City a proposition containing an authorization to levy the tax authorized by Section 4B of the Act; and WHEREAS, the voters approved the imposition of that tax; and WHEREAS, the City Council has adopted a resolution declaring the results of the election as required by Sec. 321.405(b) and the IIIf:\filesimuni\slake\ordinanc\tax(10-27-93) city secretary has been directed to send a copy of that resolution 1111 to the comptroller as soon as possible but in any event before the ' end of the current calendar quarter; and WHEREAS, the City Council has approved the creation of the Southlake Parks Development Corporation (the "Corporation") for the purpose of using the tax receipts to finance certain public improvements and projects authorized by the Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: SECTION 1. That all action concerning the submission of the proposition to the voters of the City having been taken and the tax authorized Ili by Section 4B of the Act having been approved by the voters of the City as stated in the foregoing recitals, the City Council does hereby authorized the levy of a sales and use tax (the "Tax") within the City for the benefit of the Corporation at a rate of one-half of one percent on the sales of items at retail and a use tax at the same rate on the use, storage or other consumption within the City of tangible personal property purchased, leased or rented from a retailer during such time as the Tax is effective within the City. el f:\files\muni\slake\ordinanc\tax(10-27-93) oe_e_a r f SECTION 2. SThat . the Tax shall be computed, administered, collected and remitted in accordance with the Act and, to the extent not inconsistent with the Act, in accordance with Chapter 321, Texas Tax Code, as amended from time to time. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted ID by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. The effective date of the tax imposed by this ordinance shall be April 1, 199 , which is the first day the tax may be imposed after complying with the requirements of the Act and the Tax Code. 0f:\fLLes\muni\slake\ordinanc\tax(10-27-93) . d.,2 3 .f r PASSED AND APPROVED ON FIRST READING ON THIS DAY OF S , 1993. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1993. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: III City Attorney Date: ADOPTED: ' EFFECTIVE: 0 f:\files\muni\slake\ordinanc\tax(10-27-93) V INSERT TO ORDINANCE NO. 598 S NEW SECTION 3. The S.P.I.N. standing committee shall adopt Articles of Organization as set forth in Exhibit "B" attached to this ordinance. The standing committee or any neighborhood councils appointed in conjunction with the S.P.I.N. program shall be subject to the conditions set forth in the Articles of Organization. The Articles of Organization may be amended by the S.P.I.N. standing committee with the prior approval of the City Council. S f:\files\muni\slake\art3.amd 40 • CITY . (16) 5-P.I.M . tAel4t4soKt1oovs OR AV T 6/36/c 3 OF c . UTHLAKE P , r --, lo- • rIIN T i• .._. . ... • a !F ` )I.' jjjjj. - • ima......cf-r- 1 D•ve Street al IC • r.._., al Q t'(.,' ;'..1 al 0 . . . a fa c., .% itiO. 1%. All O IN= _p_., g . fop I T 1 10 f.? C) 4. 21 0 r . ..111' 43.. • •!•11 Igi C) . Southla e Blvd � 1111 F.M._ 1709 . -• , � _ St im. , 1 0 ' ma. .1.mi C . -es‘ms j I .2(_ . _ 0 1 ° 4,-- ,...z...... ® . 4, iw ao . 1 — I __ _ As Continental . Bly . • --Eif _, i -- - -- .: . . . . .. ------- a . ham, LILY 01 JODU11dt t, 1 t AdJ MEMORANDUM 4110. October 28, 1993 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Resolution - Animal Control Agreement Attached is a copy of the proposed Resolution No. 93-57 and procedures concerning the Animal Control Agreement with the City of Grapevine. We have reviewed this Resolution and procedures, along with Sherry Sanderson, Technical Services Manager for the City of Grapevine Animal Control, and recommend that it be approved by Council . I am available for any questions or comments that you might have. BC/mr 1111 Attachment • wp\Memo\ACAgrmt3.Res 1111 Kam/ RESOLUTION NO. 93-57 ^� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING ANIMAL CONTROL PROCEDURES AND THE RELATED FEES IN ACCORDANCE WITH CITY ORDINANCES AND THE INTERLOCAL AGREEMENT WITH THE CITY OF GRAPEVINE, TEXAS. WHEREAS, the Ci -.uncil of the City of Southlake has adopted City Ordinance No. 530 regulating animal control, and - WHEREAS, City Ordinance No. 530, Article VII, Section 7 . 03 calls for policies to be adopted establishing impoundment procedures, fees, redemption of animals, and disposal of animals, and WHEREAS, City Ordinance No. 530, Article IX calls for a resolution to establish the animal control related fees, and WHEREAS, the City Council of the City of Southlake has entered into an interlocal agreement with the City of Grapevine, Texas to provide for animal control services, and WHEREAS, said interlocal agreement for animal control services provides that the same services are provided to the citizens of Southlake that are provided to the citizens of Grapevine, and same fees collected, and all said fees are the property of the City of Grapevine, Texas, NOW, THEREFORE, BE IT RESOLVED, by the City of Southlake, that the City Council of Southlake, Texas, that : SECTION 1. Adopts the animal control operational guidelines as developed by the Director of Public Safety for the Southlake Department of Public Safety in consultation with the City of Grapevine' s Chief of Police, and as may from time to time be amended by the Director of Public Safety. SECTION 2 . Adopts the fee structure for animal control related fees as developed and adopted by the City of Grapevine, and as may from time to time be amended by the City of Grapevine. PASSED AND APPROVED THIS THE DAY OF , 1993 . CITY OF SOUTHLAKE, TEXAS Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary b:93-57.RES/ORD&RES/kb 9a �2 CITY OF SOUTHLAKE ANIMAL CONTROL PROCEDURES 11/1 The City of Southlake has entered into an interlocal contractual agreement with the City of Grapevine to provide the City of Southlake animal control service assistance. The roles, duties, and responsibilities established herein are enacted to facilitate the terms of the interlocal contract and to provide a high quality of service to the citizens of Southlake. Members of the Southlake Department of Public Safety adhere to the following operational procedures with regard to animal control related calls : 1 . When a citizen requests animal control services, the Southlake Police undertake the role of providing or obtaining the requested service through our Department. Members refrain from instructing the person to telephone Grapevine direct, as Grapevine will not respond to requests for service made directly from a Southlake citizen. The request for service must be made through the Southlake Communications Center. If a citizen contacts Grapevine first, Grapevine will direct the citizen to contact Southlake Communications Center. (Exception: Although it is preferred that bite/scratch calls be originated through the Southlake Communications Center, Grapevine will respond to a bite/scratch call made 4111 directly to their office by a citizen; Grapevine will then immediately notify Southlake of the call for service. ) 2 . A Southlake Police Officer is dispatched to all animal related calls for service within the corporate limits of the City of Southlake . 3 . Grapevine will have an animal control officer available from 0800 hours until 1700 hours seven (7) days per week. The Grapevine animal control facility will be open from 0800 hours until 17G0 hours, Monday through Friday, and from 0900 hours to noon on Saturday to provide the standard level of service . All requests for Grapevine Animal Control services made at any other time are limited to a bite/scratch call or an emergency condition. Requests are made by Southlake Communication personnel during Grapevine' s normal operational hours by telephoning the Grapevine Animal Control Office direct, and after hours by telephoning the Grapevine Police dispatcher. 1110 9q-3 Page 2 4 . Any citizen requesting assistance for a stray dog or cat• is provided service under the following steps : (A) A Southlake police officer is dispatched to the location to determine if the animal is present and to attempt to locate an owner in the immediate vicinity. (B) If the animal is present and the animal owner is located, the owner retrieves the animal, and the officer takes appropriate action (citation, warning letter, et cetera) . (C) If the animal is still present, and the owner of the animal cannot be located or is unknown, the officer may request a Grapevine Animal Control unit during Grapevine Animal Control' s normal operational hours . However, if the animal is still present, and it is after Grapevine Animal Control' s standard operational hours, the officer resolves the issue, up to and including seizing the animal . Grapevine Animal Control may be contacted if some exigent and/or emergency condition exists. Assistance may also be obtained from the Tarrant County Humane Society. 4111 5 . Southlake police officers address all livestock related calls . If the call regards loose livestock, the officer attempts to locate the owner and/or resecures the animal in the appropriate confinement area. If the animal cannot be resecured by the officer, the Tarrant County Constable or other designated private company is contacted to capture and secure the animal . If the animal is injured, assistance may be requested through the Tarrant County Humane Society. 6 . The following action is taken regarding reports of lost, missing, stolen, or found animals : (A) =f a citizen calls to advise that their animal is lost , missing or stolen, a description of the animal is obtained and noted in a "lost and found animal" log maintained by the Southlake Communications Center. The Southlake communicator also telephones Grapevine Animal Control and advises them of the lost animal report information. If it occurs after Grapevine Animal Control' s standard operational hours, the information is temporarily held and forwarded to Grapevine' s Animal Control Office at the 1110 next ,available time . 94 - V Page 3 • (B) If a citizen calls to advise that they have in their possession an animal that has been found, a description of the animal is obtained and noted in a "lost and found" animal log maintained by the Southlake Communications Center. The Southlake communicator also telephones Grapevine Animal Control and advises them of the found animal information. If it occurs after Grapevine Animal Control' s standard operational hours, the information is temporarily held and forwarded to Grapevine' s Animal Control Office at the next available time. (C) The City of Southlake maintains a log, current to 30 days, of all animals which are seized or which are reported lost, stolen, missing or found. (D) The communicator making an entry of a seized, lost, stolen, missing, or found animal compares the reported animal description to the existing list to determine if any animal which has been reported found or which has been impounded may be one that was earlier reported as lost, stolen, or missing. If a possible match is discovered, the communicator 4111 notifies the Grapevine Animal Control Center. If it occurs after Grapevine Animal Control' s standard operational hours, the information is temporarily held and forwarded to Grapevine' s Animal Control Office at the next available time . (E) This list shall be for the exclusive use of the animal control officer and related personnel and shall not be considered public record, however, any person, firm, or corporation may make inquiry regarding a specific described animal and shall be informed of any record of such animal having been reported as lost, stolen, missing, found or impounded. Statistical data shall be construed to be public record. 7 . All animal bites/scratches are investigated by Grapevine Animal Control . Grapevine is to be contacted by the Southlake communicator any time there is an animal bite/scratch report, including those times outside of Grapevine Animal Control' s standard operational hours . Grapevine considers a bite/scratch an emergency priority call for service. If there is serious injury to the person, the Southlake Officer completes an Incident Report providing the details of the case. Page 4 S 8 . If a call is received during Grapevine Animal Control' s standard operation hours regarding a vicious animal, • Grapevine Animal Control is contacted to respond and a Southlake Police Officer is dispatched to assist . If the call is received at any other time, a Southlake Police Officer is dispatched to evaluate the scene; if the animal is confirmed as an immediate threat to the life, health, or safety of any other animal or person, Grapevine Animal Control may be contacted in accordance with exigent or emergency conditions. Assistance may also be obtained from the Tarrant County Humane Society. 9 . The City of Southlake requires by City Ordinance that every dog and cat have a veterinarian vaccination tag. There are no other licenses or registration of dogs or cats required or offered by the Southlake Department of Public Safety. 10 . Wildlife calls are handled in the same manner as a stray dog/cat call for service . 4111 11 . The following action is taken regarding reports of Injured animals : (A) If the call is received during Grapevine Animal Control' s standard operational hours, Grapevine Animal Control is contacted tc respond to the call . (B) If the call is received at any other time , a Southlake Police Officer is dispatched to handle the call . (1) If the animal' s owner can be identified and located, the animal' s owner is responsible for removal of the animal to an emergency care facility. Assistance from Southlake officers is provided upon such request . (2) If the animal' s owner cannot be identified or located, Grapevine Animal Control is contacted to secure the animal . Assistance may also be obtained from the Tarrant County Humane Society. • Page 5 S 12 . Grapevine Animal Control may be contacted after their standard operational hours, (a) when the call involves a bite/scratch, (b) when the call involves unusual or exigent circumstances that dictate the need for immediate or emergency animal control services that cannot otherwise reasonably be accomplished by the Southlake Police Services personnel . Tarrant County Humane Society may be contacted in those cases where immediate assistance is necessary and Grapevine Animal Control is unavailable to respond, or when such contact is in the best interest of providing the requested service as determined by the supervising officer on the scene. 13 . Citizens requesting to drop-off a found or unwanted animal should be directed to deliver the animal directly to the Grapevine Animal Control Shelter during the shelter' s standard operational hours. If the request is made during any time the Grapevine Animal Control Shelter is closed, a Southlake Officer may be dispatched to place the animal in the temporary holding cage. 4110 14 . All complaints received at the City of Southlake regarding the animal control services provided, regardless of whether or not the complaint involves a City of Grapevine employee, are forwarded directly to the Southlake Director of Police Services . The Southlake Director of Police Services will coordinate the complaint process with the City of Grapevine when appropriate or when such complaint involves a City of Grapevine employee . 15 . Reports of exotic animals are investigated by Southlake Police Services . Grapevine Animal Control may be contacted during their standard operational hours for assistance as needed. 16 . The City of Southlake conducts the inspections of all commercial animal establishments requesting issuance of permits as required by City of Southlake Ordinance . Such inspections are conducted by the Code Enforcement Officer for the City of Southlake . The following procedures apply to the issuance of a permit for a commercial animal establishment : (A) Upon receipt of an application for a commercial 1110 animal establishment permit, the Code Enforcement 9:4 _7 Page 6 Officer inspects the facility prior to issuing the permit . If any deficiencies exist that prohibit the issuance of a permit, the Code Enforcement Officer notifies the applicant in writing, within ten (10) working days, advising of the specific deficiencies . (B) shall be a condition of the issuance of any permit or license that the City of Southlake shall be permitted to inspect all animals and the premises where animals are kept at any time during normal business hours of the licensed premises . Refusal of permission to inspect the premises under the conditions stated herein shall constitute grounds for revocation of the permit . (C) The permit shall be prominently displayed at the commercial animal facility. (D) If after issuance of the permit any establishment is found to be in violation of the City ordinances promulgated at the time of the issuance of the permit or violation of the provisions contained herein, such establishment shall be notified in writing of the 4110 specific violations and afforded a reasonable time, not to exceed thirty (30) days, in which to comply. Failure to comply with the City ordinances or the provisions stated herein shall constitute grounds for revocation or denial of renewal of the permit . (E) The Director of Health shall notify the person, firm, cr corporation in writing of intent to revoke the permit . Such notice shall be mailed certified mail to the address shown on the aoolication. Such person, firm, or corporation shall have ten (10) calendar days from the date cf receipt (or refusal) in which to request a hearinc before the Director of Health on a date and time to be determined by the r_rector of Health. Upon the expiration of ten (10) days or on the date of the hearing, if such hearing is beyond the ten (10) days, =he Director of Health may elect to continue or to revoke the permit . The permit holder shall be notified in writing of The decision. If the Director of Health revokes said permit, said permit holder may make a written request w=thin ten (10) calendar days to the office of the City Manager for an appeal of the decision to revoke the permit . The City Manager shall review the facts presented by the permit holder and the Director of 1111 Health. The City Manager may uphold or reverse the 9�f - 8 Page 7 1111 revocation. The City Manager notifies the permit holder in writing of the decision. The decision of the City Manager isfinal . The permit shall be deemed finally revoked only after the time period for the appeal has lapsed or the City Manager has rendered a decision subsequent to an appeal review. (F) Any person whose permit or license is revoked shall, within ten (10) calendar days thereafter, humanely dispose of all animals owned, kept, or harbored on the premises . No part of the permit fee is required to be refunded. (G) Any person having a permit revoked may not re-apply for another permit for a period of thirty (30) days . (H) The following shall constitute grounds for denial of issuance or revocation of a permit : (1) Any owner or employee has been convicted of a charge of cruelty to animals, fraud in business 4110 practices, or deceptive business practices . (2) Any information provided on the application is determined to be withheld or falsified. (3 ) Any violation of the any city ordinance relative to the establishment, any local, state or federal laws regulating possession, care or treatment of animals . (I) When an applicant for a commercial animal establishment permit has shown that he is willing and able to comply with and has complied with the regulations promulgated and universally applied, a permit shall be issued upon payment of the applicable fee . (J) The permit period shall begin with the calendar year and shall , unless revoked, be valid for one year. Renewal applications for permits may be made thirty (30) days prior to, and are due at, the start of the calendar year. Application for a permit to establish a new commercial animal establishment under the 94- 7 Page 8 • provisions of this chapter may be made at any time. The fees for a new establishment shall be prorated per months left in the calendar year. 17 . In cruelty and abandonment cases, a Southlake Police Officer is dispatched to investigate and generate the appropriate reports . Cruelty and abandonment follow-up cases are investigated by and appropriate charges filed through the Southlake Police Services Criminal Investigation Division. Assistance may be requested from either Grapevine Animal Control or the Tarrant County Humane Society as deemed necessary by the Southlake police officer or detective investigating the case. 18 . Members of the Southlake Department of Public Safety adhere to the following guidelines for use of the temporary holding cages. (A) The animal is examined for tags which will assist in determining ownership. (B) When an animal is temporarily confined at the police • building, the officer removes the holding cage from storage and positions it on the concrete surface immediately east of the outside jail entrance. The 4111 cage is to be secured to the metal stairwell post with a chain and lock in such a manner so as to protect the cage from unauthorized removal and to secure the door to prevent unauthorized removal of the animal . Care is given to position the cage so as to not pose any reasonable likelihood of interfering with officer/prisoner ingress or egress . (C) The officer ensures that adequate wa=er is available for the animal during the animals stay at the Department of Public Safety building. (D) The officer informs the communicator of the type of animal seized and requests contact for appropriate disposition; (ie. , contact Grapevine Animal Control, contact the owner, etc . ) . The communicator makes the designated contacts and advises the requesting officer upon its completion. Page 9 4111 (E) When the person arrives to retrieve the animal, including a Grapevine Animal Control Officer, an officer reports to the station to conduct the release . The officer obtains the key for the padlock from the communications center and releases the animal to the person. The officer then cleans the cage, re-secures the cage in storage, returns the key to the communication center, and completes any appropriate paperwork. 19 . Animals (other than those involving a bite/scratch) seized and temporarily housed at the Southlake Police Services building may be retrieved by the owner ONLY if the owner provides proof of current rabies vaccination on the animal seized. No fines or fees are required to be collected at the time of the release. 20 . The fee structure for all animal related services are established by the City of Grapevine and all such fees are • collected by the Grapevine Animal Control Shelter. No animal control fees are collected by the City of Southlake . 21 . The Southlake Director of Police Services, working in conjunction with Grapevine Animal Control, establishes a 4111 program of public education and awareness regarding animal control matters . Such programs may include, but are not necessarily limited to: newspaper articles, newsletter mail-outs, pamphlets, or special public awareness program presentations through local civic, volunteer, or community service organizations . 22 . The Cities of Grapevine and Southlake maintain separate Chain of Command structures for personnel employed by their organizations . The ranking Southlake Police Officer arriving at any animal control call scene is the officer in charge of all scenes within the corporate limits of the City of Southlake . 23 . Southlake police officers may issue appropriate citations regarding anima_ control violations . Such citations are handled in accordance with the standard operational procedures for all other citations issued by officials of the City of Southlake . S �Q -�/ Page 10 1111 24 . When an animal is temporarily seized for the purpose of safekeeping in those cases where the animal' s owner is temporarily unavailable to care for the animal, (owner arrested, owner involved in accident, etc . ) , the officer makes a reasonable attempt to locate a family member or friend of the animal owner to assume care, custody, and control of the animal as soon as practical and while the animal is in the control of the City of Southlake. No fines, fees, or vaccination receipts are required for the animals release in these cases . If the animal is placed under the care of Grapevine Animal Control, the Southlake officer provides the Grapevine animal control officer any available information that will assist in contacting someone to take care, custody, and control of the animal, and the disposition of the animal is undertaken in accordance with the policies and procedures for Grapevine' s Animal Control . 25 . All requests for live traps are made to and responded by Southlake personnel. An animal trap log is maintained by the Southlake Communications Center. The following guidelines are followed regarding the use of live traps: (A) When a request is made for use of a live trap, the officer assigned to the call first determines the 1111 validity of the need. If the need is validated, the officer checks with the on-duty Communicator to • determine the availability of said trap as indicated by the "animal trap" log. ;i) If the trap is currently in use, the officer informs the citizen that their name may be placed on a waiting list if so desired. If the citizen desires to be placed on the list, the officer notifies the communicator of the request and provides the communicator with the necessary • information (name, address, telephone number, and reason for need) . The communicator places the information in the "animal trap" log. 2) If the trap is immediately available , the officer undertakes placement of the trap in accordance with these guidelines . Page 11 1111 (B) When the live trap is to be employed, the officer confirms that the citizen will agree to the conditions for the use of the trap : (1) the citizen will contact Southlake Communications when any animal is captured, (2) the citizen will maintain fresh food bait in the trap, and the (3) maximum use period is seven (7) days . The officer then delivers the trap to the location and assists the citizen in its initial set-up. The officer then notifies the communicator of the trap setting. The communicator records the information in the "animal trap" log. (C) The day-shift police services supervisor checks the "animal trap" log each day. If a trap is deployed, the supervisor ensures that the trap is checked at • least once during the shift to determine if any animals are trapped. (D) When an animal is captured, the procedures for responding to a stray animal are followed. (E) Upcn completion of the trap use, the officer checks 4111 with the communicator to determine if there is anyone on the waiting list for its use. If so, the officer deploys the trap to the appropriate location. If not, the officer returns the trap to storage. 26 . In order not to contaminate any Police K-9 area, no animals other than the police K-9 is to be placed in any cage, holding area, or transport unit designated for use by the police K-9 . 27 . Animals which are required to be quarantined are maintained in accordance with the requirements established by the Grapevine Animal Control Office . 28 . The Grapevine Animal Control Officer or the Director of Police Services for the City of Southlake may require the removal of an animal from the corporate limits of the City of Southlake for any one of the following reasons : (A) Impoundment of an animal by the city on three (3) or more occasions within a calendar year. Page 12 1111 (B) Conviction of three or more separate violations of the City of Southlake' s animal control ordinance, or other local, state, or federal laws regulating animals, within a calendar year. (C) Upon determination by the Grapevine Animal Control Officer or the Director of Police Services for the City of Southlake that the animal is a vicious or dangerous animal . (D) Upon notification that the animal has an illness or disease which is communicable to humans or other animals . The animal control officer or the Director of Police Services, whomever initiates the removal order process, notifies the person, firm, or corporation in writing of notice to remove said animal from the corporate limits of the City of Southlake. Such notice is mailed certified mail to the last known address of the owner. If such mail is returned undelivered, a copy of the letter is posted for public notice. Such person, firm, or corporation shall have ten (10) calendar days from the date of receipt (or posting as a public notice) in which to request a hearing before the 4111 Director of Public Safety on a date and time to be determined by the Director of Public Safety. Upon the expiration of ten (10) days, or on the date of the hearing if such hearing is beyond the ten (10) days, the Director of Public Safety may elect to uphold or to revise or reverse the order. The animal owner shall be notified in writing cf the decision in the same manner as described above . If the Director of Public Safety upholds said order, the animal owner may make a written request within ten (10) calendar days from the date of notification of the decision to the office of the City Manager for an appeal of the decision. The City Manager shall review the facts presented by the license holder and =he Director of Public Safety. The City Manager may uphold, revise, or reverse the order. The City Manager shall notify the license holder in writing of the decision within ten (10) calendar days of the date of the review. The decision of the City Manager is final . The order shall be deemed final after the time period for the appeal has lapsed or the City Manager has rendered a decision subsequent to an appeal review if such review is conducted. Page 13 1111 Any person whose has been given notice to remove an animal shall, within ten (10) calendar days thereafter, remove said animal from the corporate city limits or humanely dispose of the animal owned, kept, or harbored on the premises . No animal which has been ordered removed from the corporate limits of the City of Southlake shall be kept, maintained, or harbored anywhere within the corporate limits of the City of Southlake. 29 . Whenever any premises where animals are kept are in an unsanitary condition, or the facilities are not in keeping with the provisions contained herein or any other regulations, or if any health ordinance or law is not observed, the animal control officer, health officer, code enforcement officer, or police officer, by written notice to the person responsible for the condition of the premises or the keeping of the animals or the person owning or in control of such premises, may order the abatement of the conditions which are not in accordance with such regulations or conditions which constitute a nuisance . Failure to comply with such order shall, in addition to any criminal or administrative proceedings, be grounds for and entitle the city to obtain relief by 4111 injunction. 30 . Authority t.o transfer title. The animal control officer may transfer title of an animal in accordance with the provisions contained herein and with the provisions contained in state law. In the event of such transfer c= title, the person or agency to whom title is transferred may be recuired to pay for such animal' s food and care while in the animal shelter and shall comply with the other provisions contained herein. 31 . The animal control officer or a police officer may humanely destroy any animal when such disposition is deemed necessary by the officer and when in compliance with the provisions contained herein. 32 . The redemp-Lion of animal, other than estrays , which have been placed in the care, custody, and control of the Grapevine Animal Control Office, may be redeemed by the animal owner under the provisions and guidelines of redemption as established by the Grapevine Animal Contrc_ Office . The redemption of any other animal is as follows : • Page 14 11/1 (A) Any impounded animal may be redeemed upon payment of any reasonable impoundment charges, rare and feeding charges, veterinary charges, rabies -vaccination charges, and such other costs as set by such person, firm, company, or agency holding said animal . • (B) If such animal is not redeemed prior to the expiration of seventy-two (72) hours, said animal shall be deemed abandoned and said animal may be transferred to another facility, placed for adoption or humanely euthanized. (C) The animal may be released to the owner pending the results of any related municipal court hearing or administrative process, with or without fee charges, if in the opinion of the animal control officer or the Southlake Director of Police Services, such release poses no reasonable expectation of threat to human or animal life. Nothing herein shall be construed to require such release . 33 . In the absence of action by the County Sheriff' s Office or the County Constables Office, the resronsibility for 1111 taking up any estray that may be found in and upon any street or alley, or in or upon any unenclosed lot in the city or otherwise to be found at large, and to confine such estray for safekeeping rests with the Southlake Department of Public Safety under the following guidelines : (A) When an estray is impounded, the officer notifies the communicator of the following information: (1) The name and address of the person reporting the estray, when known. (2) The location of the estray when found . • • (3 ) The impoundment location of the estray. (4) A description of the animal including its breed, color, sex, age, size, all markings of any kind, and any identifying characteristics . 1110 9 - i6 Page 15 41/1 (B) The communicator enters such information in the "estray" log. Such records shall be ' for the exclusive use of the animal control officer and related personnel and shall not be considered public record; however, any person, firm, or corporation may make inquiry regarding a specific described estray and shall be informed of any record of such • estray. Statistical data shall be construed to be public record. (C) The owner of an estray may recover possession of the estray at any time before the animal is disposed of under the provisions authorized by law, if: (1) The owner has provided the officer with an affidavit of ownership of the estray containing at least the following information: a. The name and address of the owner; b. The date the owner discovered that the animal was an estray; c. The property frcm which the animal strayed; 4111 d. A description of the animal including its breed, color, sex, size, all markings of any kind, and any other identifying characteristics . (2) The officer has approved the affidavit. of ownership; • (3) The affidavit of ownership information has been recorded in the "es:ray" log; and (4) The owner has paid all estray handling fees to those entitled to receive them; (D) If the ownership of an estray is not determined within fourteen (14) days, title to the estray rests in the city who may then cause the estray to be sold at auction or may pass ownership to the person, firm, agency, or corporation ho=ding said estray, or in accordance with a court order. (E) Title to the estray shall ' be deemed vested in the City of Southlake for ourroses of passing a good title, free and clear of all claims, to the purchaser at the sale or the person to whom the estray is awarded. 1110 �� - /7 Page 16 S (F) During the period of time an estray is held by the person who impounded the estray or holds the estray, the. estray shall not be used by any person for any purpose . • (G) If the estray dies or escapes while held by the person who impounded or holds the estray, the person shall report the death or escape to the animal control officer., The report information shall be filed in the "estray" log. 4111 • • . < 9 - ( v City of Southlake,Texas MEMORANDUM mu MAN October 28, 1993 TO Curtis E. Hawk, City Manager FROM Sandra L. LeGrand, City Secretary SUBJECT Official Vote for Director of the Tarrant Appraisal District The terms of service for the five (5) Directors of the Tarrant Appraisal District will expire December 31, 1992 . Nominations have been received from the voting taxing entities for candidates to fill the positions. According to information received from the Tarrant Appraisal District, the City of Southlake has fifteen (15) official votes. According to the State Property Tax Code, each voting unit must vote in open meeting, and votes may all be cast for one candidate or they may be distributed among any number of candidates listed on the official ballot. There is no provision for write-in candidates. The Official Ballot is attached for your information. I was able to acquire information on some of the candidates from the Appraisal District. I have attached the information for your review. On the others, the information was not available. If you have questions, please do not hesitate to contact me. %1h /sl • ri /17 - i CALCULATION OF VOTES FOR OCTOBER 1993 TAD BOARD ELECTION Arlington I.S.D. 737 Azle I.S.D. 34 Birdville I.S.D. 251 Carroll I.S.D. 59 Castleberry I.S.D. 20 Crowley I.S.D. 91 Eagle Mountain/Saginaw 79 Everman I.S.D. 37 Fort Worth I.S.D. 844 Grapevine/Colleyville 223 Hurst/Euless/Bedford 335 Keller I.S.D. 97 Kennedale I.S.D. 24 Lake Worth I.S.D. 14 Mansfield I.S.D. 98 White Settlement I.S.D. 43 City of Arlington 287 City of Azle 6 City of Bedford 37 City of Benbrook 25 City of Blue Mound 1 City of Colleyville 16 City of Crowley 5 City of Dalworthington Gardens 2 Edgecliff Village 2 City of Euless 32 City of Everman 4 City of Forest Hill 11 City of Fort Worth 707 City of Grapevine 56 City of Haltom City 19 City of Haslet 1 City of Hurst 35 City of Keller 18 City of Kennedale 4 City of Lakeside 1 City of Lake Worth 2 City of Mansfield 24 City of North Richland Hills 41 City of Pantego 3 City of Pelican Bay 0 City of Richland Hills 5 City of River Oaks 4 City of Saginaw 8 City of Sansom Park 1 City tif-southlak 15 City otaig'a' 70 16 City of Westover Hills 5 City of White Settlement 8 Tarrant County 613 /e9a -a OFFICIAL BALLOT ELECTION OF MEMBERS OF THE BOARD OF THE TARRANT APPRAISAL DISTRICT We, the governing body of City of Southlake, having been advised by the Chief Appraiser of Tarrant Appraisal District that we are entitled to cast 15 votes collectively or separately for the following nominees for the Board of Tarrant Appraisal District: Mr. David Averitt, Jr. Ms. Ruth Ann McKinney Mr. Jimmie E. Gill Mr. Gene Miers Mr. Lou Hillman Mr. Joe Potthoff Mr. David R. Hunt Mr. Tommy Vaughn Mr. Jim Jeffrey Mr. Mac Wilburn Mr. Rob Jones do hereby resolve and order that City of Southlake cast, and does hereby cast, it's votes as follows: votes for votes for votes for votes for votes for Passed this day of , 1993 . Presiding Officer ATTEST , Secretary or Clerk, City of Southlake IMPORTANT: This ballot must be returned by November 14, 1993 to John R. Marshall, Chief Appraiser, Tarrant Appraisal District, 2315 Gravel Road, Fort Worth, Texas, 76118 /Oa -,3 ILL: < - _ _ ;. .rITV OF FORT WORTH■ TEXAS .- 'IN �" • .�. .s 7.� Chi •a OFFICE OF THE CITY MANAGER 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102 (817)871-6111 BIOGRAPHY Ruth Ann McKinney Ruth Ann McKinney, a native of Era, Texas, was an Assistant City Manager with the City of Fort Worth, Texas with responsiblity for the Water, Personnel, Library, Public Events, Data Processing and Risk Management Departments, plus netjonal and local intergovernmental affairs. After graduating from Kra Nigh School in 1957, Ns. McKinney earned a Bachelor of Arts degree in journalism and history from Texas Christian University in Fort Worth in 1961 and a Masters Degree in library and information science in 1970 from North Texas State University in Denton, Texas. Ms. McKinney began her career in 1961 as Texas Christian University's news bureau director and alumni magazine editor. She joined the public sector in 1964 as Community Relations Director for the Fort Worth Public Library. In 1970, she became a Floating Branch Librarian. She was named Southeast Branch Manager in 1972 and continued in that post until 1978 when she was appointed Administrative Assistant to the City Manager. In 1979, Ms. McKinney was promoted to Assistant to the City Manager with departmental supervisory responsibilities. She was promoted to her Assistant City Manager's post in 1982. During her tenure with the City, Ms. McKinney developed and implemented the Citizen's Action Center, coordinated the cable television franchise process in Fort Worth, planned and established a City public information and cable office, identified organisational problems in the City's municipal courts and implemented solutions. As an Assistant City Manager, Ms. McKinney had senior staff responsibilities in developing City budget and policies and procedures for providing services to citisens by the departments which she supervised. Ms. McKinney is a member of the International City Management Association (YCHA), Texas City Management Association (TCHA) , North Texas City Management Association and a founding board member of the National Association of Telecommunications Officers and Advisors and has been active in the United Way of Tarrant County, Leadership Texas, League of Women Voters of Tarrant County and the Network of Executive Women. r. $ Printed on Recycled Paper /942-y ti ILL; u .L L( 7J 1J •J'i I4U .VVV f .v.4 t • • Gene Miens' 6849 Middle Road • Fort Worth, TX 76116 817/732-1289 -. • Education University of Texas at Arlington, B.B.A., Accounting 1973 Texas Christian University, Master of Professional Accounting 1980 Certification CPA, State of Texas b t /fp Professional Experience 66 41 /,')a Weldon Aston & Company ► Fort Worth,Texas nVi Vice President • 1973 to Present As administrative and audit partner of this local CPA firm, am primarily responsible for audit practice, compliance with practice standards and hiring. Audit clients have included savings and loan associations ranging from $100 to $500 million in assets and construction, manufacturing and real estate companies. Have assisted clients with accounting and tax aspects of mergers,with budgeting, systems development and other areas of financial management, including the formation of holding companies and with Internal Revenue examinations. Affiliations American Institute of Certified Public Accountants Texas Society of Certified Public Accountants Fort Worth Chapter of the Texas Society of Certified Public Accountants Community Fort Worth Chapter, Texas Society of CPA's Adopt-A-School Program Participant FW1SD/JA"Basic Business" Course instructor FW1SD Redistricting Advisory Committee, 1991 Cowtown Optimist Club Finance Committee Chairman, 1991 Board of Directors, Westside YMCA, 1982-1988, Chairman, 19g6-1987 Board of Directors, Metropolitan YMCA, 1986-1987 Henry S. Meadows Volunteer of the Year, 1986,Westside Branch YMCA Cubmaster, Pack 26, Ridgiea Presbyterian Church, 1984-86 Ridglea United Methodist Church, Finance Committee Chairman, 1983 Ridgiea Hills Elementary School Site-Based Management Team, 1986-1987 Member, Monnig Middle School and Arlington Heights High School PTAs r' /042 s- • I l L ; ULT. L f ,7 ) 1J •J4 l'u .UVO f Joe A. Potthoff, AICP cat I Ryan Nara Drive,Suite 700 Arlington,TX 7601 I Office:(017)461-V1 7 GS- 1 Residence:(1317)5-7 .iy*e-2.br -'7111 WORK EXPERIENCE: 1985 to Present:President, Betzel-Potthoff, Inc. A Planning and Real Estate Consulting Firm Serving Many Natio:sal Clients. , 1983—1985: Director of Planning,City of Bellevue,Washington 1979—1983: Director of Planning,City of Arlington,Texas 1973.-1979: Various Positions in Public and Private Sector in Architecture and Planning Field. PROFESSIONAL ASSOCIATIONS: • Member of the American Institute of Certified Planners • Member of American Planners Association • Past Member of Institute of Urban Design,International Downtown Executives Association,and Urban and Regional Information Systems Association COMMUNITY EXPERiENCI': • • Arlington Downtown Rotary Cub: Paul Harris Fellow and Distinguished Rotarian - Rotary District 579 Group Study Exchange Program: Past Chairmand1986—1990) • River Legacy Foundation Board of Directors: Founding Board Member • Arlington Human Services Project: Executive,Coordinating,Critical Issues,and Strategic Planning Committees Ptask' • Attorney General's Child Support Enforcement Board and Member • The Welcome House: Past Board Member • Arlington Mayor's Drugs and Crime Study Committee:Co-Chairman • Arlington Substance Abuse Program:Vice Chairman of Citizens Task Force and Ad Hoc Committee Member ' • Accent Arlington:Member • Leadership Arlington: 1983 Graduate • Arlington Initiative:Co-founder • Tarrant 2000 Task Force: Past Member of County Facilities Task Force • Arlington Alliance: Past Member • Fielder Museum Foundation:Past Board Member • Arlington Chamber of Commerce:Member - Arlington Girls Club: Past Board Member • Saint Alban's Episcopal Church: Past Senior Warden and Vestry Member(2 Terms) ACADEMIC EXPERIENCE • Graduated with High Honors, S.S. Degree in Architecture, University of Texas at Arington, 1973. • Member Alpha Chi - Guest Lecturer, UTA Institute of Urban Studies H.a sarsal dF Ata411.e04..04 •• Studied Asian and European Architecture and Planning as a Professional Member of Rotary International Group Study Exchange with Sri Lanka and India (.r Lri4 r I44 1) • Past Member MENSA and World Future Society • _ J / 7a — ' TEL: uct L( , o LJ .DO rvo .uuo r .uo N A M E : TOMMY L. VAUGHN ADDRESS: 2111 RIVER BEND ROAD ARLINGTON, TEXAS 76014 TELEPHONE: 817/465-4837 AGE: 44 FAMILY: Wife - Belinda; Children - (4) RESIDENT: Nast Arlington (16 yrs. ) EMPLOYMENT: Southern Pacific Transportation, Locomotive Engineer EDUCATION: Tarrant County Junior College, A.A. University of Texas at Arlington, Social Work COMMUNITY ACTIVITIES: Arlington Human Service Planners Tarrant County Child Protective Services 1 Arlington Family Y.H.C.A. Board United Way City of Arlington Parks Board East Arlington Renewal Arlington Schools Arlington Chamber of Commerce Arlington's 1990 Census Count North Central Texas Child Welfare Council The Women Shelter • • /00a- 7. ILL uct Lr .JJ LD .D0 INO .uu0 r .ur PANT EGU RD.(&o)Sanaa Mayor September 30, 1993 Tarrant Appraisal District 2315 Gravel Road Fort Worth, TX 76118-6982 • - Attn: John R. Marshall, Executive Director Dear Mr. Marshall: Subject: Nomination for TAD Board of Directors The Pantego Town Council unanimously voted to nominate- Mr. Jim Jeffrey, our town attorney, as a candidate for the TAD Board of Directors. Enclosed is a copy of the minutes which show his nomination. Mr. Jeffrey's business address is: Jim Jeffrey Remington and Jeffrey 1306 W. Abram Arlington, TX 76013 His home address is: Jim Jeffrey - 5011 Andalusia - _. Arlington, TX 76017 If you have any questions, please feel free to contact me. Sincerely, Mayor 16OO PANTEGO 6RWE pAKTEGQ.TEXAS 7801 t-sri PO SOX 13210 274-15�1 AC 817 2!<t if07 /6 'a IEL: UCt Lr .yJ 1 .DO INO .000 r .0 • • • 203 East Normwost i4wy. Grapevine Texas 70051 PROFILE - LOU MAN111 6t7/�81-2573 • Lou Hillman has been a civic leader in the Dallas/Fort Worth area for over 29 years. During his term as CH]D of the Grapevine Chamber of Ommftrce, the Dallas/Fort Worth airport was established in the city of Grapevine in, 1965. Hillman has held positions such as the following: President of the Grapevine/Airport cities Chamber of Commerce, President and founding member of the Grapevine Rotary Club, Board of Directors of the North Texas Crmnission, and President of the Northeast Tarrant County Beard of Realtors. He is the President of Prudential Lou Hillman, Realtors, the oldest real ; . estate- firm inn the Grapevine, Colleyville, and Sauthlake area. His firm handles residential sales, large commercial land and building sales, and ' multi-family sales. EDUCATIC tis Graduate of.Eaylor University,.Bachelor of Arts degree, May 1959 Baylor Law Sdbool-Basic Law Cburses, 1960 Texas Christian University-Advanced Manageaent Studies 1969 University of Oklahoma, Kellog Graduate Center Industrial Development IL PF LICATMONS: Texas Real Estate Brokers License No. 173167 National Association of Realtors Texas Assxiation of Realtors-Board of Directors 1979-85. Northeast Tarrant County Board of Realtors-Presidait 1979 Dallas Board of Realtors-Metter Commercial-Investment Division AOCREMND T L E:SEM COMES: • Eastfield College-Dallas-Real Estate Principles • . Esstfield College-Dallas-Real Estate Managnent Course Tarrant-C unty Community Coll-Appraisal Principles-Residential & ' Commercial National Association of Independent Fee Appraisers (IFA), Residential • • Real Estate Appraising National Association of Independent Fee Appraisers (IFA) -F.N.M.A., Appraisal Forms and Narrative Appraisal Report Writing TSxas Property Tax Consultant-License No. 292 • . PROFESSIONAL 1975-1960 Pritchard Abbott ValuationConsultants-Galveston •c my • Tax Re-evaluation • 1961-1963 Dun & Bradstreet-Houston 1963-1964 General Manager Trinity Camber of amerce, Trinity, Texas 1964-1967 General Manager-Grapevine Chamfer of Commerce, Grapevine, Texas 1967-1969 Texas Account Executive, Young & ie Adv ertising • 1969-1972 CED-Northwest Dallas Chamber of con roe . - 1973-Present 'President-Prudential Lou Hillman, Reeltfrs Residential&Commercial Real Estate Services __' —• .. .—p.+ry,.►ti7\^+,��M.;Ali.�>:.ryw.p:.....r..t.•:.....a. ... lDQ — 9 I LL: ULt Lf , .J 1J •JJ IVU .000 r .UL i • t RESOLUTION NO. 93-825 A RESOLUTION NOMINATING MAC WILBURN AS A CANDIDATE FOR THE TARRANT COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS FOR A TWO-YEAR TERM BEGINNING JANUARY 1, 1994. WHEREAS, the Tarrant Appraisal District is the appraisal district for the City of Euless, Texas, and it has a governing board of directors that are selected by participating political subdivisions; and WHEREAS, the City of Euless is one of these political subdivisions within Tarrant County;and WHEREAS, Mr. Mac Wilburn, who offices at 2917 Southridge,.Grapevine, Texas, 76051, is a State Certified General Real Estate Appraiser by the State of Texas, and;meets the professional qualifications necessary to fulfill the tasks of the Board of Directors of the Tarrant Appraisal District. NOW,THEREFORE, BE IT RESOLVED,by the City Council of the City of Euless,Texas, that Mr. Mac Wilburn be nominated for a position on the Board of Directors of the Tarrant Appraisal District for a term of two years beginning January 1, 1994. APPROVED AND ADOPTED on this 28th day of September, 1993. APPROVED: .1 cieLati... �•��• ��y' V , • .• �. " % / :►: r"14* y.� a.l r.•r .>.�:: •.:e ` „ •1 yE151":x,�• C.�•a`f • Ar ^,NS _ • .s.-7Vc.,• • 4i-` .; MC, City Secretary • /Qc —/a FIELDING, BARRETT & TAYLOR. L.L.P. Catva:'E.Adkins ATTORNEYS Susan S.Jones Robert M.Allibon ATRIUM CENTRE Wayne K.Olson Daniel R. Barrett' 8851 HIGHWAY 80 W STE 300 Tim G.Sralla•• Elizabeth Elam FORT WORTH TX 76116.6041 J.Mark Sudderth David Fielding TELEPHONE(817)560-0303 E.Allen Taylor.Jr. --hine Garrett FAX(817) 560-3953 James P.Wagner enn Gidel ' Wendy R.Wilson `ne D. Hitt Anal-of Counsel M�unry Susan H.Holloway •Board Certified Personal Injury Trial Law— "Board Certified Civil Appellate Law— Texas Board of Legal Specialization Texas Board of Legal Specialization Civil Trial Specialist— National Board of Trial Advocacy July 6, 1993 l� Mr. Curtis Hawk L pFFICE GF CITY City Manager MANAGER City of Southlake f"� 667 North Carroll Avenue Southlake, Texas 76092 RE: Regulation of Customer Service Standards for 16 Cable Television re1 Dear Curtis: V V Last month I wrote you concerning the implementation of the regulation of cable television rates under the Cable Act of 1992. We now have some breathing time on that issue since the FCC has delayed implementation until October 1, 1993. But there is no rest for the weary. You should use this time to consider whether the city wants to be involved in the regulation of customer service standards. FCC Established Standards The Act authorizes the regulation of certain customer service matters, and the FCC has established standards for these matters and authorized their enforcement by cities. A summary of the standards is attached to this letter. The FCC regulations provide, however, that city enforcement is not automatic. A city must take the initiative if it desires to enforce the standards. City Must Initiate Enforcement Although the standards became effective July 1, 1993, the city must notify the cable company by certified mail that it intends to implement enforcement. The company then has 90 days to phase in the standards before the city may take any action. The enforcement mechanism is left to the city. The regulations allow a city to unilaterally amend its franchise, or to adopt a separate ordinance setting out enforcement methods. These may include ordering credits or refunds or imposing penalties. Also, some reporting may be required by the city for 'monitoring purposes. / q- / t 1 City Franchise May Contain More Stringent Standards The FCC regulations make it very clear that the FCC standards do not preempt more stringent standards in a city franchise. On the other hand, any prohibition on regulation of customer service standards found in a franchise is preempted by the FCC regulations. If a city wants to impose more stringent standards and they are not currently in the franchise, they may be implemented only with the consent of the cable company or at the next franchise renewal process. Steps to Be Taken If the city does not enforce the customer service regulations, they will not be enforced, because the FCC is not assuming this responsibility under any circumstances. If the city decides to enforce the customer service regulations, the city would need to take the following steps: (1) notify the cable company of the intent to enforce customer service standards; (2) develop and adopt an enforcement mechanism (the city may already have this in its franchise) ; and (3) designate a city employee to receive citizen complaints and communicate with the cable company. The city may give the notice to the cable company at anytime, but actual enforcement may not begin until after 90 days from the date of the notice. A form for notification is enclosed for your use. If you have any questions or want assistance in developing enforcement mechanisms, please give me a call. Sincerely, Analeslie Muncy AM/ds Enclosure slake\cable.ltl //Q- . CABLE TELEVISION CONSUMER PROTECTION ACT OF 1992 CUSTOMER SERVICE STANDARDS SUMMARY (a) Office hours and telephone availability. (1) Cable representatives must be accessible by telephone, 24 hours a day, 7 days a week. The call should be local, toll- free or collect. During regular business hours subscribers should reach a trained representative. After hours inquiries can be handled by an answering service or automated response system. (2) A. response must be given to customers on the next business day following their inquiry. (3) When calling a cable operator, customers shall not wait in excess of 30 seconds to speak with a representative. An additional 30 seconds is allowed for any necessary transfer of calls. (4) Customers should not receive a busy signal more than, 3% of attempted calling time. (5) Customer service centers shall be conveniently located and open during normal business hours. "Normal business hours" shall be defined by those of other businesses in the area. They must include some evening hours, at least one night a week, and/or some weekend hours. (b) Installations, outages and service calls. (1) Standard installations must be performed within 7 business days of a customer order. (2) An interruption in service must be acted upon within 24 hours of notification by the subscriber. "Service interruption" is considered the loss of picture or sound on one or more channels. (3) "Appointment Windows" are to be a maximum 4 hour time block, though service calls may be scheduled after hours for customer convenience. Operators may not cancel appointments after close of business on the day prior to a scheduled appointment. Representatives must notify customers if they are running late and reschedule the appointment if necessary. (c) Communications between cable operators and subscribers. (1) Upon customer requests, written notification of the following must be provided to subscribers. At a minimum, cable operators must provide this information annually to all subscribers regardless of individual requests. /4-3 (a) products and services offered; (b) price and options in services; (c) installation and service maintenance policies; (d) instructions on how to use cable service; (e) channel positioning; and _ (f) billing and complaint procedures; this includes address and telephone of local franchise authority cable office. (2) Cable operators must notify customers of any changes; in rates, services or channel positions as soon as possible. If possible, they should give 30 days advance notice. (d) Billing. (1) Billing should be clear and itemized. It shall include basic and premium charges and equipment charges. All activity during a cycle should be shown, including optional charges, rebates and credits. (2) Operators must respond to written billing complaints or disputes within 30 days. (3) Refunds will be issued no later than next billing cycle or within 30 days, which ever is earlier. If service is terminated refunds should be issued when (4) Credits will be issued no later than next billing cycle. This section of the Cable Act of 1992 is structured so that the administrative burden of enforcing these regulations is placed on the cable franchising authority (local government or cities) . th\cable. 01 //a - y r s SAMPLE NOTIFICATION LE TIER VIA CERTIFIED MAIL. _ RETURN RECEIPT REQUESTED Dear • This letter is to notify your company that the City of intends to enforce the FCC customer service standards as described in the Cable Regulations, 47 C.F.R. 76.309, adopted pursuant to the Cable Act of 1992. These regulations provide that the City may begin enforcement of these standards 90 days from the date of this notice. The City will adopt an ordinance designating methods of enforcement before expiration of the 90 days. You will receive notice when this ordinance is being considered by the City Council. Sincerely, /A -s . , OM \ ' E it . . rail N 42 1993 1111 oFFICE OF CITY SECRETARY, LEGEND CUSTOM HOMES, § IN THE DISTRICT COURT OF INC. § v. § TARRANT COUNTY, TEXAS CITY OF SOUTHLAKE § 1' A DICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW LEGEND CUSTOM HOMES, INC. , Plaintiff, and files this cause of action complaining of the CITY OF SOUTHLAKE, Defendant, and would respectfully show the Court as follows: I. Plaintiff is a corporation validly existing and doing business pursuant to the laws of the State of Texas, with its 1111 principal place of business located in Tarrant County, Texas,. Defendant is a municipality duly organized and existing pursuant to the laws of the State of Texas and may be served by serving its Mayor, GARY FISKES, at 667 N. Carroll Avenue, Southlake, Tarrant County, Texas 76092. As an alternative, service may be had upon the Secretary of c the City of Southlake, SANDY LeGRAND, at 667 N. Car�r-oll Anue, _ Southlake, Tarrant County, Texas 76092. y ry 11. c-; r ,ry Jurisdiction and Venue - "-- 'Z Plaintiff complains of certain actions of Defendai whiZh occurred within the corporate boundaries of the City of , Southlake, Tarrant County, Texas. All actions complained of in S PLAINTIFF'S ORIGINAL PETITION - Page 1 s A . - illthis cause of action took place in or arose in Tarrant County, Texas. The cause of action complained of involvescertain actions on the part of the City of Southlake which caused damages to Plaintiff. For these reasons, this Court has jurisdiction over the parties hereto, and the subject matter of this lawsuit. III. , Background Facts Plaintiff is engaged in the construction of new homes. Plaintiff constructed a home located at 1002 Shadywood in Southlake, Texas. This property was sold to Mr. and Mrs. Paul Boitmann. After this sale, Mr. and Mrs. Boitmann noted wet spots in their flower beds and lawns. Plaintiff instructed the Boitmanns to turn off their sprinkler system and monitor the situation. • The wetconditions persisted. Plaintiff retained the services of n p r i a licensed plumbing contractor to investigate the water line from the city meter to the Boitmann residence. This investigation detected no leaks in the line. Plaintiff then contacted the Defendant, City of Southlake, and requested that it investigate the wet conditions evident on the Boitmanns' property. In approximately August of 1992, Defendant allegedly utilized "listening devices" to investigate the existence; of a leak in their water line. Defendant continued to deny the existence of a leak of any type. In September of 1992, Bowen Structures supplied Plaintiff with a written report indicating that the Boitmann home was 1110 PLAINTIFF'S ORIGINAL PETITION - Page 2 experiencing upheaval of the foundation. At the request of 11/1 Plaintiff, Southwestern Laboratories was contacted to install monitor wells to determine the volume of subsurface water and' the sources of the subsurface water. Plaintiff and Southwestern Laboratories requested permission from Mr. Mike Barnes; the Public Works Director for the City of Southlake, to drill a monitoring well in the street in front of the Boitmann residence. This request was summarily denied by Defendant. Southwestern Laboratories monitored the wells installed at • the Boitmann. residence through October of 1992. Southwestern Laboratories discovered significant subsurface water. Defendant finally initiated action to determine the source of the subsurface water. Defendant excavated the street in front of the Boitmann residence and immediately uncovered a substantial 1111 volume of water below the curb leaking from the main cutoff valve in the City's water line. The actions of Defendant simply confirmed what Plaintiff and its contractors had been saying to Defendant through this time period. Defendant, during the intervening time, had refused to so much as investigate the potential that they had a leak in their water line. Defendant repaired the leak in its water main. Following these repairs, the soil conditions immediately showed improvement. However, the Boitmann residence continued to experience excessive movement because of the presence and movement of the subsurface water. Bowen Structures recommended S PLAINTIFF'S ORIGINAL PETITION - Page 3 s that Plaintiff make no immediate repairs and delay same until the soil moisture stabilized. Plaintiff monitored the conditions at the Boitmann residence 1 from December, 1992, to March, 1993. In the spring of :1993, Plaintiff again conducted further soil condition tests through Bowen Structures. At this time, Bowen Structures developed a plan to . provide support to the foundation of the residence to alleviate settling problems. In April of 1993, the engineering firm of Roger Bullivant of Texas, Inc. inspected the property and made a recommendation of 34 pilings to stabilize the foundation of the Boitmann residence. Plaintiff has commenced repair of the Boitmann residence, including repair to the foundation, repair to the exterior brick, S . repair to interior walls, ceilings and doors damaged by movement caused by the aforementioned water leak. At the time of, this Petition, Plaintiff has expended the sum of approximately $25,287.00 for reports and contractors to investigate the source of the problem, ascertain the recommended solutions to remedy the problems at the Boitmann residence, and commence necessary repairs. It is estimated that at least an additional $14,000.00 of work required at the Boitmann residence to correct the problems caused by Defendant's actions. Prior to the filing of this lawsuit, by letter dated August 17, 1993, . Plaintiff made demand upon Defendant to reimburse Plaintiff for costs associated with the repairs to the Boitmann residence. To date, Defendant has failed and refused, 11/1 and continues to fail and refuse, to reimburse Plaintiff for PLAINTIFF'S ORIGINAL PETITION - Page 4 Y II/1these costs. All conditions precedent to Plaintiff's right to recovery have been performed or have occurred. Cause of Action for Negligence Plaintiff alleges that Defendant has been negligent in the maintenance of its water system. Defendant has failed to . properly maintain the water system in the City of Southlake, and has allowed a leak in its water line to cause substantial damage to the Boitmann residence. As a result of this damage to the Boitmann residence,. Plaintiff, because of its warranty • obligations to the Boitmanns, was required to remedy and repair the damages caused by the intrusion of subsurface water onto the Boitmanns' property. These damages were the direct and proximate result of the negligent actions of the City of Southlake in • failing to properly maintain the water lines and failing to investigate properly in s agate the existence of a potential problem on the water lines. The damages suffered by Plaintiff are the direct result of the negligent acts of Defendant. Cause of Action for Trespass Plaintiff alleges that the actions of the Defendant further constituted trespass. The City of Southlake had the right to maintain and transport water through its water lines. However, the City of Southlake has allowed conditions to exist that allowed water to escape from its water system and traverse onto the Boitmann property. Because of the actions of Defendant in failing to prevent the water from flowing onto the property of the Boitmanns, the Boitmann property has been damaged. This 11/1 action constitutes trespass under the common law for which PLAINTIFF'S ORIGINAL PETITION - Page 5 damages Plaintiff sues. Plaintiff is entitled to sue for damages 11/1 for the Boitmann because Plaintiff is contractually property obligated to make repairs and remedies to the Boitmann property and is subrogated to the rights of the Boitmanns to maintain this cause of action. Damages Plaintiff seeks damages in the minimum amount of at 'least $40,000 .00 for actual damages sustained as a result of the acts of Defendant in this lawsuit. Plaintiff specifically reserves . the right to establish and prove additional damages within the maximum jurisdiction of this Court. WHEREFORE, PREMISES CONSIDERED, -Plaintiff .prays this Court enter judgment against Defendant in such amounts as Plaintiff • 1111 shows itself entitled, pre-judgment and post-judgment interest at the highest lawful rate, plus attorney's fees, including Y conditional awards in the event of an appeal, costs, and for such other and further relief to which Plaintiff may show itself justly entitled. Respectfully Submitted, BU , fULTON, HURLBUT & MORRISON, P.C. �..-----? • ziv --(- ---75,7 . Robe t L ussell Bush Stat a No. 03496400 4025 Woodland Park Blvd. , Suite 190 Arlington, Texas 76013 (817) 274-5992 (817) 261-5791 (Metro) (817) 261-1671 (Facsimile) 1111 ATTORNEY FOR PLAINTIFF PLAINTIFF'S ORIGINAL PETITION - Page 6 • THE STATE OF TEXAS • DISTRICT COURT, TARRANT COUNTY CITATION Cause No. 153-150900-93 1111) LEGEND CUSTOM HOMES, INC VS. CITY OF SOUTHLAKE TO: CITY OF SOUTHLAKE BY SERVING ITS MAYOR, GARY FISKES, AT 667 N. CARROLL AVENUE, SOUTHLAKE, TEXAS 76092 You said DEFENDANT are hereby commanded to appear by filing a written answer to the PLAINTIFF'S ORIGINAL'PETITION at or before 10 o'clock A.M. of the Monday next after the expiration of 20 days after the date of service hereof before the 153rd District Court, 401 W. Belknap, in and for Tarrant County, Texas, at the Courthouse in the City of Fort Worth, Tarrant County, Texas said PLAINTIFF being LEGEND CUSTOM HOMES INC Filed in said Court on October 26th, 1993 Against CITY OF SOUTHLAKE For suit, said suit being numbered 153-150900-93 the nature of which demand is as shown on said PLAINTIFF'S ORIGINAL PETITION a copy of which accompanies this citation ROBERT L. RUSSELL BUSH Attorney for LEGEND CUSTOM HOMES INC Phone No. (817)274-5992 ,Address PARK SPRINGS PLACE 4025 WOODLAND PARK BLVD, #190 ARLIN THOMAS P. HUGHES, Clerk of the District Court of Tarrant County, Texas. Given under my hand and the seal of said Court, at office in the City of Fort Worth, this the October 27th, 1993 AAAnBy Deputy BARBARA WIGGINT SNOTICE: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 AM. on the Monday next following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you. THOMAS P. HUGHES Tarrant County District Clerk Tarrant County Justice Center 401 W. Belknap Fort Worth, Texas 76196-0402 OFFICER'S RETURN Received this Citation on the day of , 19 at o'clock _M; and executed at within the county of , State of at o'clock _M on the day of , 19 by delivering to the within named (Def.): defendant(s), a true copy of this Citation together with the accompanying copy of PLAINTIFF'S ORIGINAL PETITION, having first endorsed on same the date of delivery; by serving Authorized Person/Constable/Sheriff: County of State of By Deputy Fees $ (Must be verified if served outside the State of Texas) State of County of Signed and sworn to by the said before me this day of , 19_ to certify which witness my hand and seal of office Seal) • County of , State of • CITATION Cause No. 153-150900-93 LEGEND CUSTOM HOMES, INC VS. )(.. Z 4 CITY OF SOUTHLAKE //rr//!) 4(/ • ISSUED This 27th day of October, 1993 THOMAS P. HUGHES Tarrant County District Clerk Tarrant County Justice Center 401 W. Belknap Fort Worth, Texas 76196-0402 By BARBARA WIGGINTON Deputy ROBERT L. RUSSELL BUSH Attorney for: LEGEND CUSTOM HOMES INC Phone No. (817)274-5992 Address: PARK SPRINGS PLACE 4025 WOODLAND PARK BLVD, #190 ARLINGTON, TX 76013 CIVIL LAW ,' • , II w.y r..EJ i� G�4, 1111 IN I II I III 1111011111110111111 111111 II II *153150900930001*1 • 1111 1300 060 420 TR 50 TR 5C1 4.0 AC 2.05 AC —1 660 420 00 o. • 6Ags( 14ARGET`►' GI1-CeeST - e- • OuimR,5F41P i } i OWHEeStftP ✓ $ ° 3 ' .SEe Fla c TRACT o o E L i 5A • 'CSTRACT 1 `� ;i 5 . ► O • ' E GL 156a� GRA Y : RAGT 5 AS curt_►VTl.7 PL�tTrEO / o��D /rit OP N - SUR S 1 1 . i ,,� .0P • . P, i . -(0" .�.� .�- .. .p4l,„"T °•C ... �M ISM: wtM�• Kal.'T•w,.}Y TRA 'p' 200 11 .I i i TR 5A TR 5 TRACT F. 1.70 AC _ .86 AC �' 2R V . .es IIxao Cis LD LI N l Lu 1•hI T OF T44'E -�,. 61. �Y PL-A,cE lUtl.l.INMS O44N6QS+1(P . NDM IS 0.1)011-10 N. �. sz0 PRt:L. PLP�T SEE P./ 2 TRACT c �• j 1C2A } TR 5A1 TR 5E . 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L \ —_—_____ • . • } • • • -.• DEDICATION T, I7-R•I A 5•R•2. - I THE OLORY PLACE No. 33813 t I Sam D. Burnitt a t a f SITE ! I I I STATE Or TEXAS I • I I • EAST 560.0• 1 ,5 ✓' 1' ! gQ9 • I —I COUNT,OP?AMAMI I [`. 1 T,f P; i I 10' Utz, Easement •T.o Altmperial�t..w•..K t•r.�bta�...r•r.r. r b� If. I I ..1.t.is.Rt..rrw..d.••w+.Aw•r•.e d..fi.d 6.ttw,e. ,, •I I f�i. I I DUCT,W kr,.Mori�r..•dT..•Cory wl�.diMOLOAT?LAM IN Yfy••••41,Iota emeltannlod IN rS•••,..,Tow.Cow,. St i St Ary ��+• +� I .. T..A�/•'y.Yp. N T.Iwrlt4lfl.TTm XI wl 4•r•�i Twr Cry, ti I.�. I I Moww.W.•.y...rl,�w.agdlw.rp••e..ti....r•... AT .1 . I ` I �wYtM•.TI tl l•;I�!. '.7 `� j I e TW4A.s�•...Tl...�A�..l1r a• t I -� I .�_ fritio y • a » . .. I ^ I Y �_+..• '•i,.. .: 1"" ..... flttwl7lYr ..A trf/.+lll•.l•taM/ir..t...wpww; tl t t ``. I •"I I I .. rWm Awl M••...11..w.•1.w6.w YIJ.'...•..•.....••..4 W It..! O T11.42 WmE..WYsm•Y•lUlA•..POWCTM0•..Dq y/Ae•.l Dm VICINITY MAP I I¢ 5 ,R' 1 anoraks�--.�• i ' l...w+.l..r�a•wtw.w I • I C. Lila' r' g I Trd.-Mw•......ale.waadYa.d..we..b.t.,ry...m., I CD t9 WT.4w1..4/.4 Y.•r•d�y►w.a.w...•dw.1 n...shod 141.1 ][ « € L42,TM Melt PlA01..oohs..rT oso.o..T....r+4T...r•.• f:13 �• 9 O U, .......r...•.......�rw�•...t.w. • • A . , I _ VI ir UJ U- rrww•.e.rrr.d wa V:w Goy w...boll.. . 1 I Q c p N t.p.b!nr►t.s..t tor. a Scale • I 0 a0 a ill dam_ SMATZOcTSLAW 1 1 i• - 50' I"'Z •. 1 1 f 0 50 100 I I.... WEST cvtnrred TAtuAM 1 t !, h.•a•..•• •••'.•Tor••el^rll....d t 0.711.•. rw:s..' 561.58 . Imperial 8•01w0en4 Fs.•OPOOr'.w t.....w.le deem.rww.JosbA••.• OWNER/DEVELOPERII "�.�"• .. - ""l I , . o.....ur. _...• 1tr,��w.,d haJ.6nun.M•.b, o ._ ___.._•w• •b0 Ea.l Lap Oz0 5. I G Fort Worth .04. 76T'J 4 �. ^ I P V 5a• 131 NC. s :...we SURVEYOR I I I I l 2• ROGER W.HART.RP...S I I I ' Arse St,,. "ex. I - • a2 W.Tre l st,.•: 1 L 10' Util. Easement • LFort Worth T•.m 7 O `pp` }y Id7)293.566/ '`.2]¢� N •0'S9'S9'W 502.23 .j..\• ems I _, �pl I Bernard Ely and wife. Lorraine Ely wr \41 i 1 I , Trsh Nor 5-R-I 6 No.5-R-2. '.t Approved _ Approved - THE GLORY PLACE W City of Southloke City of Southlake CX B. a r.vicn of a 8559 Ao.Portion of Trees No.5 oocord.s SURVEYORS CERTIFICATION City Planning Zoning to 'a the Plat recorded Vary388-61 Pose 62&83. Tile 6.ea.,'r I.a,.W.xR•■7+••.l Council Commission Record..Tormt Cony.Tema Loaned n tfot of w i Anemia!Lod••.w'..•I wfoe aerns, Ftw Gaberry Sr.q.Pb.ton No.50. .w.t.l•.r r.�...l.yn rot••w To the City of Sourftde.Torrent Co.nty,Toot •:moww•l.1.�.ho wool..r y... ~Yii M%' Ovue. o sodomodk~~ '1.�../� MS PLAT waE nT C. '�� .9.0E_R___ �tgkmi'- Sw.107 S.odery WE er•.I.RULt AREA SURVEYING,INC. /:\ I 1110 ARTICLE II F ROM SUBDIV Istt)N GENERAL PLATTING oD' x0. 483 I ' Section -2 . 01 Division of Property: A. Hereafter every owner of any tract of land within the corporate limits of the City or within the extraterritorial jurisdiction of the City who engages in the act of subdivision as described and defined herein shall cause a plat to be made thereof which shall accurately describe all of said tract by metes and bounds and locate same as required by Section 3 . 03 . No plat may be recorded, no lot may be sold and no transfer of title to any part of such tract of land shall be made until a plat, accurately describing the property to be conveyed, is approved in accordance with these provisions and filed in the County Plat Records. B. Plats required for Compliance: 1. Any proposed subdivision of land which contains 10 or more acres of land or proposes 5 or more lots or proposes any internal public works improvements shall require a Preliminary Plat to be processed and approved prior to approval of a Final Plat . (As amended by Ord. No. 483-B) le 2 . When subdividing a tract containing less than 10 acres and which proposes 4 or fewer lots, the owner may, at his own discretion, elect to cause a Preliminary Plat to be processed and approved prior to approval of a Final Plat: (As amended by Ord. No . 483-B) 3 . In the event that the owner elects to subdivide said tract of less than 10 acres into four or fewer lots, without approval of a Preliminary Plat, he shall : (As amended by Ord. No. 483-B) a. Cause a Plat Showing to be approved and filed of record if the tract has not previously been platted; or b. Cause a Plat Revision to be approved and filed of record in the County Plat Records if all or a portion of the tract has been previously platted. 4 . Any resubdivision of existing platted lots shall require the submittal and approval of a Plat Revision. Section 2 . 02 Single Tracts Prior to Construction: A. Every owner of a single tract of land, within the corporate limits of the City or within its extraterritorial juris- 2-1 PAGE 4 0 ® SURVEY OF*DEDICATION FEES • Selected Metroplex Cities November, 1993 City Residential Commercial Comments Grapevine R-5 $1416/lot No collection Based on cost per square foot of R-7.5 $1146/lot lot, multiplied by 300sf R-12.5 $1071/lot R-20 $807/lot Keller $375/lot(if land fits Park Master No collection 1 acre/66 lots Plan) (lot size 8400 sf+ based on zoning) Colleyville $310.11/DU in subdivision No collection Subdividers may only pay fees in lieu of dedication of park land if the subdivision contains less than 100 DUs Hurst No collection No collection Bedford No collection No collection 90% built out Arlington $330-570 per DU (Depends on No collection In process of updating what exists in the "zone", etc.) Plano $467.47/DU (SF) No collection Council approved Oct. 25 $323.96/DU (MF) Coppell $150/lot No collection Richardson No collection No collection Mesquite No collection No collection Garland No collection No collection Flower Mound Per acre price computed on basis No collection of$250/DU Southlake $500/lot $500/acre Potential credit of 50% maximum • SURVEY OF P )EDICATION FEES Selected Metroplex Cities November, 1993 City Residential Commercial Comments Grapevine R-5 $1416/lot No collection Based on cost per square foot of R-7.5 $1146/lot lot, multiplied by 300sf R-12.5 $1071/lot R-20 $807/lot Keller $375/lot(if land fits Park Master No collection 1 acre/66 lots Plan) (lot size 8400 sf+ based on zoning) Colleyville $310.11/DU in subdivision No collection Subdividers may only pay fees in lieu of dedication of park land if the subdivision contains less than 100 DUs Hurst No collection No collection Bedford No collection No collection 90% built out Arlington $330-570 per DU (Depends on No collection In process of updating what exists in the "zone", etc.) Plano $467.47/DU(SF) No collection Council approved Oct. 25 $323.96/DU(MF) Coppell $150/lot No collection Richardson No collection No collection Mesquite No collection No collection Garland No collection No collection Flower Mound Per acre price computed on basis No collection of$250/DU Southlake $500/lot $500/acre Potential credit of 50% maximum • SURVEY OF PREDICATION FEES Selected Metroplex Cities November, 1993 City Residential Commercial Comments Grapevine R-5 $1416/lot No collection Based on cost per square foot of R-7.5 $1146/lot lot, multiplied by 300sf R-12.5 $1071/lot R-20 $807/lot Keller $375/lot(if land fits Park Master No collection 1 acre/66 lots Plan) (lot size 8400 sf+ based on zoning) Colleyville $310.11/DU in subdivision No collection Subdividers may only pay fees in lieu of dedication of park land.if • the subdivision contains less than 100 DUs Hurst No collection No collection Bedford No collection No collection 90% built out Arlington $330-570 per DU (Depends on No collection In process of updating what exists in the "zone", etc.) Plano $467.47/DU (SF) No collection Council approved Oct. 25 $323.96/DU (MF) Coppell $150/lot No collection Richardson No collection No collection Mesquite No collection No collection Garland No collection - No collection Flower Mound Per acre price computed on basis No collection of$250/DU Southlake $500/lot $500/acre Potential credit of 50% maximum • SURVEY OF PREDICATION FEES • Selected Metroplex Cities November, 1993 City Residential Commercial Comments Grapevine R-5 $1416/lot No collection Based on cost per square foot of R-7.5 $1146/lot lot, multiplied by 300sf R-12.5 $1071/lot R-20 $807/lot Keller $375/lot(if land fits Park Master No collection 1 acre/66 lots Plan) (lot size 8400 sf+ based on zoning) Colleyville $310.11/DU in subdivision No collection Subdividers may only pay fees in lieu of dedication of park land if the subdivision contains less than 100 DUs Hurst No collection No collection Bedford No collection No collection 90% built out Arlington $330-570 per DU (Depends on No collection In process of updating what exists in the "zone", etc.) Plano $467.47/DU(SF) No collection Council approved Oct. 25 $323.96/DU(MF) Coppell $150/lot No collection Richardson No collection No collection Mesquite No collection No collection Garland No collection No collection Flower Mound Per acre price computed on basis No collection of$250/DU Southlake $500/lot $500/acre Potential credit of 50% maximum ARTICLE TEN41/1 BOARD OF DIRECTORS (a) The affairs of the Corporation shall be managed by a board of directors which shall be composed of seven persons appointed by the City Council of the City:* for two year terms of office. th#: NO: Wai :><::tanbti #W......................................... #O'tabOM::::M........40....MMWO:»:>:::OOi: :.t§...: .:00MO. .::w:::::::. MOON:ON:::::PC: Each director must be a resident ' tad t;��.:::::::::::...:::...:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::. a of the City, and at least four (4) of the directors must be members 1111 of the City Council. The three (3) remaining directors must not be employees or officers of the City, or members of the City Council, and at least one of the three (3) remaining directors must be a member of the Southlake Park and Recreation Board. Any director who is a member of the City Council or the Southlake Park and Recreation Board shall cease to be a director at the time he or she ceases to be a member of the City Council or the Southlake Park and Recreation Board, but is eligible for reappointment. A majority of the entire membership of the board, including any vacancies, is a quorum. The board shall conduct all meetings within the boundaries of the City. 4111 f:\files\nuni\Blake\articles.10 • SURVEY OF( DEDICATION FEES • Selected Metroplex Cities 4.14 November, 1993 /•tom City Residential - Commercial Comments r � Grapevine R-5 $1416/lot No collection Based on cost per square foot of /P) R-7.5 $1146/lot lot, multiplied by 300sf R-12.5 $1071/lot R-20 $807/lot Keller $375/lot(if land fits Park Master No collection 1 acre/66 lots Plan) (lot size 8400 sf+ based on zoning) O Colleyville $310.11/DU in subdivision No collection Subdividers may only pay fees in lieu of dedication of park land if O the subdivision contains less than 100 DUs Hurst No collection No collection I/ Bedford No collection No collection 90% built out / Arlington $330-570 per DU (Depends on No collection In process of updating what exists in the "zone", etc.) Plano $467.47/DU (SF) No collection Council approved Oct. 25 $323.96/DU (MF) Coppell $150/lot No collection Richardson No collection No collection Mesquite No collection No collection Garland No collection No collection Flower Mound Per acre price computed on basis No collection of$250/DU Southlake $500/lot $500/acre Potential credit of 50% maximum t H ARTICLE VII 1111 PARK AND RECREATION DEDICATION REQUIREMENTS Section 7 . 01 Park and Recreation Dedication Requirements: li 1. Purpose: The requirements for open space, park and recreational areas contained in this ordinance are intended to ensure that •in new residential developments in the City of Southlake there will be sufficient land dedicated or otherwise set aside to meet the demand and need of the future residents of the development for open space, and neighborhood parks, ' containing passive or active recreational areas that are 11 reasonably attributable to such development. In determining the size of the parcel, or parcels, that should be set aside 1 and reserved in the manner set out in this ordinance, the City Council has taken into consideration the projected growth in population and development within the municipality and the amount of open space and park and recreational facilities needed to accommodate such growth. It is the policy of the municipality that when land is dedicated or otherwise set aside and reserved for open space and park and recreational development it is designed to serve and shall be of such size, character, and dimensions as is necessary to provide usable open space and park and recreational areas. S 2. Application: No final subdivision plat shall be approved on any development until the dedication requirements of :this including have been met. For any plat an existing residential dwelling the lot with the existing dwelling shall be exempt if the residential dwelling remains on the lot. Section 7. 02 Park and Open Space Policy: A. The City Council of the City of Southlake has adopted a comprehensive plan for the provision of park land, open space and recreation areas and facilities. Said plan is to be maintained and updated by the City Planing and Zoning Commission and City Park Board as a part of the comprehensive planning process. Under this plan, the City Council has determined that one acre of park land or dedicated open space shall be required for each fifty (50) residential lots or living units placed in development. This requirement is based upon the recent development trend of the community which is resulting in an average of two residential dwelling units per acre. Existing population by housing unit statistics reflect a population density of approximately three individuals per living unit. The City Council, as a portion of its park and recreation planning activities, has determined that S /4-2 one acre of park or dedicated open space should be provided for each 150 residents of the City. 41/1 B. Although commercial and industrial development does not generate residential occupancies per se, it does create environmental impacts which may negatively affect the living environment of the community. These impacts may be ameliorated or eliminated by providing park or open space areas which buffer adjoining land uses, prevent undue concentration of paved areas, allow for the reasonable dissipation of automotive exhaust fumes, I ' provide natural buffers to the spread of fire or explosion, and provide separation of lighting, waste disposal, and noise by-products of commercial and/or industrial operations and activities from adjacent • residential areas. The City Council has therefore determined that commercial and industrial activities should provide dedicated parks and/or reserved open space at a level of one acre of land for each 50 gross acres of development or portion thereof. C. In compliance with the terms and conditions of this ordinance, each subdivider or developer, in the course of subdivision, shall comply with the following: 1. Whenever a final plat is submitted to the City of Southlake for approval, such plat shall contain a clear fee simple dedication to the City of Southlake of an area of land for park purposes, • which area shall equal one acre for each 50 residential lots or living units to be covered by the residential development and/or 50 acres of land projected for commercial 'or industrial development. Multi-family development shall be assessed on a living unit rather than lot basis. Each duplex, triplex, fourplex or apartment development shall be required to reflect the number of living units to be incorporated in the development on the preliminary and final plat submissions. 2 . The City Council has determined that the development of an area smaller than five acres in size for public park purposes is impractical and creates unreasonable and unnecessary maintenance and operating expenditures. In appropriate circumstances, the Council may accept a dedication of park land of less than five acres. However, if fewer than two hundred fifty (250) lots or living units of residential development or 250 acres of commercial or industrial development are projected for development on the final plat, the subdivider • t or developer may be required to pay a fee in lieu • of dedication to be used by the City for the acquisition of park or open space areas. The fee shall be determined as set forth in Section 7. 03 below. 3 . In any case where a dedication is required the City shall have the right to accept the dedication as submitted for approval on the final plat, or in the alternative, to refuse dedication of the same, and in lieu thereof to require payment of cash under the formula set forth in Section 7. 03 below or to allow the developer to construct recreation or park improvements. The City may permit a combination of dedication, improvements and fees to be used to fulfill this requirement. 4. Any developer, irrespective of the size of the proposed development, who desires to pay, a fee or construct public improvements in lieu of the dedication of land, may make such a proposal to the City Council, who may agree to accept the payment of a fee or the construction improvements in lieu of dedication or some portion thereof. 5. In conformity with its park and recreation plan the City may choose to purchase and improve a tract of . land for park or recreation development prior to • the initiation of any subdivision platting activity in the immediate area. If the City acquires property in such a manner, it may utilize any fees in lieu of dedication collected from platted subdivisions or developments to reimburse the municipal account from which funds were drawn to acquire the park or open space site. 6. If a developer desires to incorporate private park, recreation or open space areas or amenities within his development he may receive limited credit for these facilities against his public open space dedication requirements. A developer shall be entitled to request credit for any private park, recreation or open space area, but such private park, recreation or open space amenities may never satisfy more than 50% of the total park and open space dedication requirement. 7 . No land dedicated or otherwise reserved in compliance with this article shall have dimensions smaller than one hundred (100) feet in width and one hundred fifty (150) feet in depth. In any development which includes wooded areas, flood S . plains, or other natural features which are desirable to maintain, the City Council may grant 4111 an exception from the strict application of these minimum dimensions whenever it determines that by doing so the protection and preservation of such areas will be promoted. Section 7 .03 Fees in Lieu of Dedication: In order to ensure that park and open space areas are_provided in such locations arid sizes as to best meet the recreational needs of the community, the City Council has established a provision to receive the payment of fees in lieu of the dedication of land area. \ 1 A. Annually, during its budget adoption process, the City Council of the City of Southlake shall establish a raw acreage acquisition cost figure to be used in calculating • park fees: The Council shall, after reasonable study and investigation and based upon the best available information as to land and property values within the community determine what the cost would be of acquiring one acre of vacant land in a developing area of the community. This figure shall be the raw acreage cost under which all park fees are calculated for the budget year. B. If a developer should be required or choose to make payment of fees in lieu of the dedication of land for4111 park and recreation purposes he will notify the Planning '. and Zoning Commission of the number of acres projected for development in his final plat at the time of final plat submission. The City will then determine how much land the developer would have been required to dedicate by determining what percentage of a full 50 lot residential or 50 acre commercial or industrial subdivision is covered by the land area within the area to be platted. Where a developer is proposing to pay a fee in lieu of land dedication for an area larger than 50 lots, the method of calculation • is identical but the percentage will exceed one hundred percent. C. The subdivider will pay the applicable fee to the City Secretary prior to the execution and approval of the Developer Agreement. D. Funds received by the City Secretary pursuant to this provision will be deposited in a special escrow account denominated as the Park Land Account of the City of Southlake. Funds placed -in this account may be expended only for the purchase, lease, or other acquisition of park and open space areas by the City of Southlake, the improvement and site preparation of such areas and sites, S - //,'S the extension of utilities to such sites, the 41/1 installation of landscaping, play equipment or recreation I' improvements on such sites, and/or attendant engineering and planning costs associated with such park activities. Funds placed in this account may not be utilized for any other general business activity of the City. All expenditures from .this fund shall be made in accordance with the City's park and recreation plan and shall be approved by the City Council of the City of Southlake, Texas.Any individual, organization or entity desiring to make a contribution to the park and recreation system of the City of Southlake may contribute funds to be placed in this account. Once funds have been placed in this specific account of the City, they are bound by the restriction on use encumbering funds paid as a fee dedication requirement. Section 7. 04 Character of Dedicated Land: 1. Land dedicated or otherwise set aside for open space and park and recreational areas shall be of such size, dimensions, topography, and general character as is reasonably required for the type of use necessary to meet the demand and need of future residents, e.g. , open space buffer, active recreation for team or individual sports, playground, tot lot, picnic 4111 area, etc. 2. Natural areas or flood plains which provide unique opportunities may be included in areas dedicated or otherwise set aside or reserved for open space. In considering any area for dedication which does not meet the standards of this ordinance and where the ordinance allows the municipality to employ its discretion, the following may be considered: a. Preservation area of unique natural beauty, area possessing unique natural features, or other ecologically valuable areas. b. Facilities may be developed in partial fulfillment of required parkland dedication. c. Whether the area is proposed to be contiguous to an existing or proposed school site. d. A combination of land dedication and fees paid in lieu of a portion of the land dedication. e. Where developments are contiguous two or more required dedications may be combined to form a single, viable park area. • //.G' 6 f. Acreage dedication which would expand existing parks or recreation facilities. 41/1 g. An applicant may transfer the required parkland in a subdivision to another location owned by the same — applicant within the City of Southlake with the consent of the City. Section 7 .05 Maintenance of Private Parkland: a. If the open space and park and recreational areas required by this ordinance are to remain private, such areas shall be maintained by and deeded to a homeowners' association, or a trustee. No plat containing a reservation of private open space and park and — recreational areas shall be approved until the applicant shall have filed with the City a declaration of the covenants and restrictions that will govern such association or trustee, and received approval of the same from the Planning and Zoning Commission and the City — Council. Such instrument shall be approved by the City Attorney as to legal form and effect, and the City — Council as to the suitability of the proposed use of the proposed open space and park and recreational areas. b. The covenants and restrictions, when submitted, shall provide: For establishment of the homeowners'association or trust prior to the..sale of any part of the 4111 • property, that the covenants and restrictions and maintenance shall be permanent, that the homeowners are _ liable for the payment of maintenance fees and capital assessments, that unpaid homeowners' fees and assessments will be a lien on the property of the delinquent homeowners, that the association or trustee shall be responsible for liability insurance, taxes and perpetual maintenance, that membership shall be mandatory for each homeowner and any successive buyer, and that each homeowner, at the time of purchase, shall be furnished with a copy of the approved restrictions or conditions. Section 7 . 06 Platting Requirements: Any land dedicated or otherwise reserved under this ordinance for open space or park and recreational areas shall be shown on the face of a plat submitted for approval by the Planning and Zoning Commission. The land proposed to be dedicated or otherwise reserved shall be submitted by the developer or owner simultaneously with the filing of the preliminary plat to the city staff for consideration by the Planning and Zoning Commission for recommendation to the City Council. Upon approval, the final plat shall be filed of record in Tarrant County. • . • //A'- 7 r Section 7 .07 Facilities Improvements in Lieu of Reservation of 11/1 Open Space or Park and Recreational Areas: vin existing developer may have the option of improving facilities of municipal parks or developing dedicated parkland in lieu of 1 parkland dedication or payment of cash. Should any of these options be exercised, the municipality and the developer shall, prior to initiation of work on such improvements, enter into an agreement for credit of expenses for authorized park improvements. In no case shall the municipality be required to reimburse the developer if he chooses to improve parklands at a greater amount than required. Such agreement to provide facility improvements in lieu of dedication or reservation shall be clearly noted on the face of the preliminary plat at the time of submission to the City for action. Section 7.08 Prior Dedication or Payment of Cash in Lieu of Dedication or Reservation: 1. Credit shall be given for any dedication or reservation of open space or park land (but not in excess of 50% of the requirement if the park land is private) or payment of cash in lieu of dedication or reservation made pursuant to this I. ordinance or deed restriction prior to the date of passage of this ordinance. 2. If a dedication or cash payment in lieu of dedication 1111 requirement arose prior to the passage of this Ordinance, that dedication or cash payment in lieu of dedication requirement shall be controlled by the provisions of the ordinance in effect at the time such obligation arose, provided the final subdivision plat has been filed with the City for approval prior to the passage of this Ordinance. 3 . At the discretion of the City Council, any former gift of land to the municipality may be credited on a per-acre basis toward eventual land dedication requirements imposed on the donor of such lands. The City Council shall consider the recommendations of the Planning and Zoning Commission and the Park Board in exercising its discretion under this paragraph. 1 The City Council may, at its discretion accept any combination of ' land, facilities improvements, or monies in compliance with this ordinance to meet the demands and needs of future residents. Section 7 . 09 Standards for Dedicated Parklands: 1. That the Owner and/or Developer agree that no construction materials be disposed of or deposited within the park by its contractor, subcontractors, employees or agents at any time while the subdivision is being built. If materials are deposited or disposed of within the park, the Owner and/or //6 -g developer will be required to remove these materials within 72 hours of written notice by the City. 410 2 . That each corner of the parkland to be donated be permanently monumented with 3/4" iron pins set in concrete. These shall be located and identified on a recordable plat or land survey completed by a land surveyor registered in the State of Texas and provided to the City by Owner and/or Developer. 3 . That before the City accepts this land, the developer shall remove all trash and dead trees. 4. That the developer provide for adequate drainage through the proposed park to eliminate standing water and health hazards. 5. A minimum size of 6" water main and sewer where available to be stubbed to the park area, in location(s) specified by the Director of Public Works to provide for future water and sewer needs of the park. 6. Sidewalks where applicable be constructed that provide contiguous walkways. 7. Signage designating this area as parkland may be supplied by developer and/or owner. The selection and type of signage will be approved by the Director of Public Works. 8. Any detention ponds and/or other drainage facilities to be 1111 placed in areas which are to be dedicated as parkland must be designed and constructed to allow for dual recreational use. Construction plans may be required to demonstrate that the design, placement, and construction of such ponds meets the requirements of the Director of Public Works. 9 . Developer shall meet with Director of Public Works to establish a written punch list of all the above items. The City Council may, at its discretion accept any combination of land, facilities improvements, or monies in compliance with this ordinance to meet the demands and needs of future residents.