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1993-11-16 CC PACKET 41. City of Southlake,Texas MONTHLY ADMINISTRATIVE CALENDARS AND DEPARTMENTAL REPORTS October 1993 Building 4-A Community Development 4-B Complaints 4-C Finance 4-D Municipal Court 4-E Public Safety 4-F Public Works 4-G Street/Drainage 4-H 41; Utility . 4-I ,�.��: OCTOBER 31, 1993 CITY OF SOUTHLAKE PERMIT MONTHLY REPORT REPORT FOR OCTOBER 1993 NUMBER OF THIS LAST SAME MONTH THIS YEAR LAST YEAR THIS YEAR LAST YEAR PERMITS ISSUED MONTH MONTH LAST YEAR TO DATE TO DATE FISCAL FISCAL OCT93 SEP93 OCT. 1992 1-10 1993 1-10 1992 10/93 10/92 BUILDING: Res-Single Family 38 50 36 412 310 38 36 Alteration/Addn. 3 2 2 31 22 3 2 Accessory Bldg 3 0 1 22 20 3 1 Commercial-New 1 1 2 12 13 1 2 Commercial-Alt/Addn. 2 2 2 12 12 2 2 Foundation Only 0 0 0 0 0 0 0 Swimming Pool 12 21 8 186 95 12 8 SUB-CONTRACTORS: Electrical 67 87 85 803 636 67 85 Plumbing 58 74 63 660 485 58 63 Heat/Air 40 51 37 443 353 _ 40 37 Culvert 0 3 1 13 12 0 1 Demolition 1 0 1 1 2 1 1 CERT. OF OCCUPANCY: Residential 46 48 85 557 327 46 85 COMMERCIAL 2 8 2 73 47 2 2 OTHER: Misc.Building 29 38 25 321 185 29 25 SIGNS 3 2 2 39 66 3 2 SCHOOLS .0 0 0 3 2 0 0 TENNIS COURTS 0 0 0 2 3 0 0 FENCE 1 0 0 8 6 1 0 CHURCH 0 1 0 4 0 0 0 SATELLITE DISH/ANTENNA 0 0 0 1 0 0 0 CITY BUILDING 0 0 0 1 0 0 0 TOTALS 306 388 352 3604 2596 306 352 OF SOUTHLARE PERMIT MONTHLY REPORT REPORT FOR OCTOBER 1993 OCTOBER .31, 1993 FEES COLLECTED FOR THIS LAST SAME MONTH THIS YEAR LAST YEAR THIS YEAR LAST YEAR PERMITS ISSUED MONTH MONTH LAST YEAR TO DATE TO DATE FISCAL FISCAL OCT93 SEP93 OCT. 1992 1-10 1993 1-10 1992 10/93 10/92 BUILDING: Res-Single Family 46,450.00 62,030.00 43,619.00 511,100.00 388,765.00 46,450.00 43,619.00 Alteration/Addn. 700.00 438.00 482.00 6,376.00 5,290.00 700.00 482.00 Accessory Bldg. 636.00 178.00 199.00 3,193.00 3,844.00 636.00 199.00 Commercial-New 1,390.00 1,286.00 1,409.00 11,575.00 24,068.00 1,390.00 1,409.00 Commercial-Alt/Addn. 2,649.00 .00 1,397.00 5,861.00 . 3,869.00 2,649.00 1,397.00 Foundation Only .00 .00 .00 .00 .00 .00 .00 Swimming Pool 3,084.00 4,889.00 1,957.00 43,304.00 22,575.00 3,084.00 1,957.00 SUB-CONTRACTORS: Electrical 7,813.39 10,071.50 7,930.15 86,973.72 66,135.28 7,813.39 7,930.15 Plumbing 6,782.25 8,998.50 6,749.50 75,104.25 56,422.76 6,782.25 6,749.50 \P\ Heat/Air 3,647.00 4,730.50 3,326.50 40,117.00 29,441.00 3,647.00 3,326.50 Culvert .00 125.00 65.00 675.00 795.00 .00 65.00 Demolition 15.00 .00 15.00 30.00 30.00 15.00 15.00 1 4 CERT. OF OCCUPANCY: Residential .00 .00 .00 .00 .00 .00 .00 Commercial 60.00 240.00 60.00 1,410.00 1,200.00 60.00 60.00 OTHER: Misc.Building 702.00 969.00 600.00 7,866.00 4,590.00 702.00 600.00 SIGNS 174.00 50.00 75.00 2,612.00 3,682.00 174.00 75.00 SCHOOLS .00 .00 .00 416.00 .00 .00 .00 TENNIS COURT .00 .00 .00 692.00 1,217.00 .00 .00 FENCE 87.00 .00 .00 665.00 3,904.00 87.00 .00 CHURCH .00 1,171.00 .00 6,178.00 .00 .00 .00 SATELLITE DISH/ANTENNA .00 .00 .00 30.00 .00 .00 .00 CITY BUILDINGS .00 .00 .00 .00 .00 .00 .00 TOTALS 74,189.64 95,176.50 67,884.15 804,177.97 615,828.04 74,189.64 67,884.15 4110 1110 I N, CITY OF SOUTHLAKE PERMIT MONTHLY REPORT REPORT FOR OCTOBER 1993 • OCTOBER 31, 1993 THIS LAST SAME MONTH THIS YEAR LAST YEAR THIS YEAR LAST YEAR BUILDING VALUATION MONTH MONTH LAST YEAR TO DATE TO DATE TOTAL FISCAL TOTAL FISCAL FOR PERMITS ISSUED OCT93 SEP93 OCT. 92 1-10 1993 01-10 1992 10/93 10/92 BUILDING: Res-Single Family 7,913,700.00 10,602,900.00 7,395,800.00 87,464,641.00 65,650,048.00 7,913,700.00 7,395,800.00 Alteration/Addn. 63,800.00 35,400.00 40,000.00 697,490.00 527,850.00 63,800.00 40,000.00 Accessory Bldg. 49,900.00 .00 15,400.00 230,600.00 319,300.00 49,900.00 15,400.00 Commercial-New 157,200.00 140,000.00 142,000.00 1,328,000.00 3,415,100.00 157,200.00 142,000.00 �J� Commercial-A1t/Addn. 350,200.00 6,000.00 15,000.00 617,700.00 341,300.00 350,200.00 15,000.00 Foundation Only .00 .00 .00 .00 .00 .00 .00 Swimming Pool 250,500.00 390,600.00 160,000.00 3,451,400.00 1,752,200.00 250,500.00 160,000.00 SCHOOLS .00 .00 .00 67,000.00 745,000.00 .00 .00 1 TENNIS COURTS .00 .00 .00 69,000.00 137,500.00 .00 .00 (__ FENCE 5,000.00 .00 .00 37,900.00 489,800.00 5,000.00 .00 W CHURCH .00 120,000.00 .00 819,100.00 .00 .00 .00 SATELLITE DISH/ANTENNA .00 .00 .00 1,000.00 .00 .00 .00 CITY BUILDINGS .00 .00 .00 2,150.00 .00 .00 .00 TOTALS 8,790,300.00 11,294,900.00 7,768,200.00 94,785,981.00 73,378,098.00 8,790,300.00 7,768,200.00 TOTAL INSPECTIONS: 1508 1584 1506 14,652 9090 1508 1506 CONTRACTOR REGISTRATION BUILDING INSPECTIONS: Oct 1992 - Sept. 1993 Oct 1993 Building 461 434 490 OCTOBER 156 $11,700.00 $ 7,525.00 Electrical 376 422 396 NOVEMBER 59 4,425.00 Plumbing 447 482 383 DECEMBER 60 4,500.00 Mechanical 210 230 207 JANUARY 39 2,925.00 FEBRUARY 20 1,500.00 TOTAL BLDG. INSP. 1494 1568 1476 MARCH 32 2,400.00 APRIL 32 2,400.00 CODE ENFORCEMENT: MAY 36 2,700.00 Investigations 14 16 30 JUNE 37 2,775.00 JULY 36 2,700.00 AUGUST 30 2,250.00 SEPTEMBER 22 1,650.00 TOTAL TO DATE 599 $41,925.00 $ 7,525.00 City of Southlake,Texas — COMMUNITY DEVELOPMENT DEPARTMENT FEE REVENUE REPORT FOR THE MONTH ENDING 31 OCTOBER 1993 ZONING $ 959 . 00 NO. OF CASES (3) PLATTING 7, 870 . 00 NO. OF CASES (6) SPECIFIC USE PERMITS 100 . 00 NO. OF CASES (1) BOARD OF ADJUSTMENT . 00 NO. OF CASES (0) MISCELLANEOUS INCOME 374 .45 11/ NO. OF RECEIPTS (17) TOTAL REVENUE $9, 303 .45 TOTAL NO. OF RECEIPTS (27) • • C:\WPF\REPOR-S\REVENUE.RPT ADMINISTRATIVE CALENDAR FINANCE DEPARTMENT MONTH: NOVEMBER 1993 • PROJECT, DESCRIPTION EST_::... PHASE: %:, ::;:>::.:::::<. .::.»::>:::.«<;::;::>::>:>::::;::>::>;>::>:<::>:_::.:.:->::;;.... . .: ::>>::>:::>:::>::::::>::>:::>::::;:::;:;>:::::STA'I�'I'L ND.......: ......................................................C.O TE... ........ ... ::. .............................. . ... .................... . ...... 1. FY1992-93 Audit 11/93-12/93 start up 5% Field work begin 11/8 2. Close October general ledger 11/11 complete 100% distribute to departments 3. FY1993-94 Budget Document 11/93-12/93 in progress 25% 4. Water/Sewer Rate Study 10/93-12/93 in progress 50% obtaining volume and bill data for 12 month period 5. Utility billing programming upgrade 1/94 6. Utility meter reading system 1/94 applied for frequency 7. Computer use policy 5/93- in progress 90% final draft of policy being reviewed by City Manager 8. Cash register interface - Municipal 11/93- in progress 10% cash receipt system vendor and Court court computer vendor working together to link • 9. SPECIAL PROJECTS 10. 11. 12. 13. CITY OF SOUTHLAKE GENERAL FUND Statement of Revenues.Expenditures and Changes in Fund Balance for the period ended October 31, 1993 with Comparative Actual amounts for the period ended October 31, 1992 (unaudited) To Date Percent To Date Actual Percent 1993-94 Actual Collected/ Actual Total Collected/ REVENUES Budget 10/31/93 Expended 10/31/92 9/30/93 Expended Ad Valorem Taxes S2,204,198 S64,017 2.9% $53,449 $2,144,651 2.5% Sales Tax 701,500 0 0.0% 0 636,737 0.0% Franchise Fees 336,400 0 0.0% 81,260 305,909 26.6% Fines 231,440 21,278 9.2% 23,520 182,283 12.9% Charges for Services 57,250 1,555 2.7% 331 59,086 0.6% Permits/Fees 1,088,000 103,550 9.5% 107,082 1,251,287 8.6% Miscellaneous 17,940 3,517 19.6% 2,256 40,724 5.5% Transfer In-Other Funds 159,446 0 0.0% 0 159,446 0.0% Interest Income 50,000 0 0.0% 1,796 54,031 3.3% Total Revenues $4,846,174 $193,917 4.0% $269,694 $4,834,154 5.6% EXPENDITURES City Secretary $200,879 S10,597 5.3% $10,066 $143,026 7.0% City Manager 178,078 12,582 7.1% 9,966 152,047 6.6% Support Services 602,109 95,394 15.8% 34,713 498,543 7.0% Finance 261,838 20,394 7.8% 15,389 205,844 7.5% Municipal Court 168,605 10,243 6.1% 6,479 144,786 4.5% Fire 720,144 41,256 5.7% 31,060 566,502 5.5% Police 1,024,789 71,666 7.0% 45,878 888,664 5.2% Public Safety Support 439,410 24,643 5.6% 21,124 362,248 5.8% Building 258,492 9,033 3.5% 9,828 154,005 6.4% Community Development 273,625 12,883 4.7% 10,360 238,144 4.4% Streets/Drainage 1,417,086 12,316 0.9% 19,098 854,318 2.2% Parks 196,307 5,949 3.0% 3,131 138,224 2.3% Public Works Administration 121,405 13,951 11.5% 4,536 98,090 4.6% Total Expenditures S5,862,767 S340,907 5.8% $221,628 $4,444,441 5.0% Excess (deficiency) of Revenue over Expenditures (S1,016,593) (S146,990) $48,066 $389,713 OTHER FINANCING SOURCES AND (USES) Proceeds from C.O.Sale (net) S565,000 SO $0 $0 Excess (deficiency)of Revenues and other sources over Expenditures (8451.593) (S146,990) $48,066 $389,713 FUND BALANCE OCT 1 S1,515,421 $1,515,421 $1,125,708 $1,125,708 ENDING FUND BALANCE $1,063,828 $1368,431 $1,173,774 $1,515,421 FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 11/10/93 REVENUE REPORT PERIOD ENDING 10/31/93 PAGE 1 FISCAL MONTH 01 8.33% OBJECT ACCOUNT CURRENT ******YEAR-TO-DATE****** ESTIMATED UNREALIZED DESCRIPTION ACTUAL ACTUAL %BUD REVENUE BALANCE 000 NON DEPARTMENTALIZED 100 TAXES 110.00 AD VALOREM/CURRENT 64,017.07 64,017.07 3 1,989,198 1,925,180.93 111.00 AD VALOREM/DELINQUENT 150,000 150,000.00 112.00 PENALTY & INTEREST 65,000 65,000.00 115.00 SALES TAX 701,500 701,500.00 121.00 FRANCHISE-GAS 51,290 51,290.00 122.00 FRANCHISE-TELEPHONE 38,800 38,800.00 123.00 FRANCHISE-ELECTRIC 235,810 235,810.00 124.00 FRANCHISE-BANK 125.00 FRANCHISE-CABLE 10,500 10,500.00 100 TAXES 64,017.07 64,017.07 2 3,242,098 3,178,080.93 200 FINES 210.00 FINES & FORFEITURES 20,743.30 20,743.30 9 230,000 209,256.70 215.00 TEEN COURT REVENUES 535.00 535.00 37 1,440 • 905.00 200 FINES 21,278.30 21,278.30 9 231,440 210,161.70 300 CHARGES FOR SERVICES • 301.00 AMBULANCE 1,021.72 1,021.72 14 7,500 6,478.28 302.00 DISPATCHING 303.00 MUTUAL AID 750 750.00 305.00 SPECIAL SERVICES PROGRAM 32,500 32,500.00 320.00 PARK/RECREATION FEES 175.00- 175.00- 35- 500 675.00 321.00 BUILDING RENTAL FEES 45.00 45.00 45.00- 350.00 FIRE DEPT INCOME 5,000 5,000.00 370.00 RECREATION CLASS FEES 663.00 663.00 6 11,000 10,337.00 300 CHARGES FOR SERVICES 1,554.72 1,554.72 3 57,250 55,695.28 400 PERMITS & FEES 41n,on PERMTTA-RES NEW STNOT.E FAM 46,4c0.00 46,4:0.00 7 67;,000 58.11,550.00 410.01 PERMITS-BLDG RES-ALT/ADDN '/00.00 700.00 700.00- 410.02 PERMITS-BLDG RES-ACS BLDGS 636.00 636.00 636.00- 410.03 PERMITS-BLDG COMMRCL NEW 1,390.00 1,390.00 1,390.00- 410.04 PERMITS-BLDG COMMERCIAL 2,649.00 2,649.00 2,649.00- 411.00 PERMITS-PLUMBING 6,672.25 6,672.25 8 85,000 78,327.75 412.00 PERMITS-ELECTRICAL 7,768.39 7,768.39 8 95,000 87,231.61 413.00 PERMITS-HEAT & AIR 3,713.50 3,713.50 8 45,000 41,286.50 414.00 PERMITS-SPRINKLER 672.00 672.00 8 8,000 7,328.00 414.01 PERMITS-WATER WELL 30.00 30.00 30.00- 415.00 PERMITS-SITE PLAN 770.00 770.00 77 1,000 230.00 416.00 PERMITS-CULVERT 700 700.00 416.01 PERMITS-APPROACH 417.00 PERMITS-POOL 3,084.00 3,084.00 6 50,000 46,916.00 418.00 PERMITS-SIGN 274.00 274.00 7 4,000 3,726.00 419.00 PERMITS-HOUSE MOVING 419.01 PERMITS-DEMOLITION • 420.00 PERMITS-SOLICITORS 100 100.00 421.00 PERMITS-ALCOHOLIC USE 60.00 60.00 60.00- 422.00 PERMITS & FEES-MISC. 233.00 233.00 2 15,000 14,767.00 FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 11/10/93 REVENUE REPORT PERIOD ENDING 10/31/93 PAGE 2 FISCAL MONTH 01 8.33% OBJECT ACCOUNT CURRENT ******YEAR-TO-DATE****** ESTIMATED UNREALIZED DESCRIPTION ACTUAL ACTUAL %BUD REVENUE BALANCE 423.00 FEES-ZONING 1,349.00 1,349.00 12 11,200 9,851.00 424.00 FEES-PLATTING 7,150.00 7,150.00 24 30,000 22,850.00 425.00 FEES-BOARD OF ADJ 426.00 FEES-ZONING SPECIAL EXCEPT 427.00 FEES-STREET LIGHTS 2,000 2,000.00 429.00 FEES-INSPECTION 12,148.47 12,148.47 30 40,000 27,851.53 429.50 FEES-ENGINEERING PLAN REV 26,000 26,000.00 430.00 FEES-SPECIAL USE ZONING 431.00 FEES-BUILDING 440.00 CONTRACTOR REGISTRATION 7,800.00 7,800.00 20 40,000 32,200.00 400 PERMITS & FEES 103,549.61 103,549.61 10 2,088,000 984,450.39 S00 MISCELLANEOUS 502.00 PERIMETER RD FEE 510.00 MIS-INCOME 2,571.84 2,571.84 43 6,000 3,428.16 511.00 MIS-VITAL STATISTICS 120 120.00 512.00 MIS-INSPECTION FEES 513.00 MIS-RETURNED CHECK CHG 20.00 20.00 17 120 100.00 515.00 MIS-FEMA FUNDS 516.00 MIS-STREET LIGHTS 517.00 MIS-ZONING ',18.00 Mri-RIIILDINCI 519.00 MIS-POLICE DEPARTMENT 115.00 115.00 8 1,500 1,385.00 520.00 MIS-SALE OF FIXED ASSETS 530.00 MIS-TOWER LEASE 800.00 800.00 8 9,600 8,800.00 531.00 MISC-PUBLICATIONS 10.00 10.00 2 600 590.00 500 MISCELLANEOUS 3,516.84 3,516.84 20 17,940 14,423.16 700 OTHER REVENUES 713.00 OPERATING TRANSFER IN 159,446 159,446.00 714.00 DONATIONS 725.00 BOND PROCEEDS 720,000 720,000.00 726.00 LOAN PROCEEDS 760.00 INTERGOVERNMENTAL REVENUE 700 OTHER REVENUES 879,446 879,446.00 900 INTEREST 910.00 INTEREST EARNED 50,000 50,000.00 900 INTEREST 50,000 50,000.00 000 * NON DEPARTMENTALIZED 193,916.54 193,916.54 3 5,566,174 5,372,257.46 TOTAL GENERAL FUND 193,916.54 193,916.54 3 5,566,174 5,372,257.46 FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 11/10/93 DEPT/CATEGORY EXPENDITURE REPORT PERIOD ENDING 10/31/93 PAGE 1 FISCAL MONTH 01 8.331; ACCOUNT MTD *********** YEAR-TO-DATE *********** ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED %-BUD APPROPRIATION BALANCE 500 OTHER EXPENSES .00 .00 .00 0 0 .00 DEPT 000 TOTAL ******** .00 .00 .00 0 0 .00 NON DEPARTMENTALIZED 100 PERSONNEL SERVICES 4,993.15 4,993.15 .00 4 114,582 109,588.85 200 CONTRACTUAL SERVICES 1,250.00 1,250.00 .00 8 16,150 14,900.00 400 SUPPLIES 1,496.20 1,496.20 .00 8 18,000 16,503.80 500 OTHER EXPENSES .00 .00 .00 0 8,000 8,000.00 600 ADMINSTRATIVE EXPENDITURES 1,727.83 1,727.83 .00 20 8,500 6,772.17 700 MAINTENANCE .00 .00 .00 0 480 480.00 800 PROFESSIONAL CONSIDERATION 1,130.00 1,130.00 .00 4 28,579 27,449.00 900 CAPITAL OUTLAY .00 .00 .00 0 6,588 6,588.00 DEPT 100 TOTAL ******** 10,997.18 10,597.18 .00 5 200,879 190,281.82 CITY _AI4/M/'V I.i/1OIINt'II, 100 PERSONNEL SERVICES 10,399.31 10,399.31 .00 7 151,393 140,993.69 200 CONTRACTUAL SERVICES .00 .00 .00 0 2,300 2,300.00 400 SUPPLIES .00 .00 .00 0 2,500 2,500.00 600 ADMINSTRATIVE EXPENDITURES 1,304.90 1,304.90 .00 15 8,600 7,295.10 700 MAINTENANCE 43.74 43.74 .00 6 700 656.26 800 PROFESSIONAL CONSIDERATION 834.20 834.20 .00 8 9,850 9,015.80 900 CAPITAL OUTLAY .00 .00 .00 0 2,735 2,735.00 DEPT 103 TOTAL ******** 12,582.15 12,582.15 .00 7 178,078 165,495.85 CITY MANAGER'S OFFICE 100 PERSONNEL SERVICES 1,671.66 1,671.66 .00 7 24,935 23,263.34 200 CONTRACTUAL SERVICES .00 .00 .00 0 203,200 203,200.00 300 LEASE OBLIGATIONS 2,320.06 2,320.06 .00 6 37,274 34,953.94 400 SUPPLIES 303.57 303.57 .00 7 4,600 4,296.43 500 OTHER EXPENSES 5,531.83 5,531.83 .00 5 105,050 99,518.17 600 ADMINSTRATIVE EXPENDITURES 82,474.79 82,474.79 .00 76 108,000 25,525.21 700 MAINTENANCE 3,091.59 3,091.59 .00 7 43,900 40,808.41 800 PROFESSIONAL CONSIDERATION .00 .00 .00 0 150 150.00 900 CAPITAL OUTLAY .00 .00 .00 0 75,000 75,000.00 DEPT 105 TOTAL ******** 95,393.50 95,393.50 .00 16 602,109 506,715.50 SUPPORT SERVICES 100 PERSONNEL SERVICES 11,774.55 11,774.55 .00 7 170,909 159,134.45 200 CONTRACTUAL SERVICES 375.00 375.00 .00 1 65,400 65,025.00 400 SUPPLIES 651.53 651.53 .00 7 8,700 8,048.47 600 ADMINSTRATIVE EXPENDITURES 6,467.50 6,467.50 .00 158 4,100 2,367.50- 700 MAINTENANCE .00 .00 .00 0 300 300.00 800 PROFESSIONAL CONSIDERATION 225.00 225.00 .00 3 6,479 6,254.00 900 CAPITAL OUTLAY 900.00 900.00 .00 15 5,950 5,050.00 DEPT 106 TOTAL ******** 20,393.58 20,393.58 .00 8 261,838 241,444.42 FINANCE FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 11/10/93 DEPT/CATEGORY EXPENDITURE REPORT PERIOD ENDING 10/31/93 PAGE 2 l USUAL MONTH 01 8.33% ACCOUNT MTD *********** YEAR-TO-DATE *********** ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED %BUD APPROPRIATION BALANCE 100 PERSONNEL SERVICES 7,238.23 7,238.23 .00 7 106,696 99,457.77 200 CONTRACTUAL SERVICES 2,940.00 2,940.00 .00 7 41,729 38,789.00 400 SUPPLIES .00 .00 .00 0 3,500 3,500.00 600 ADMINSTRATIVE EXPENDITURES .00 .00 .00 0 6,000 6,000.00 700 MAINTENANCE .00 .00 .00 0 4,700 4,700.00 800 PROFESSIONAL CONSIDERATION 65.00 65.00 .00 1 5,980 5,915.00 900 CAPITAL OUTLAY .00 .00 .00 0 0 .00 DEPT 107 TOTAL ******** 10,243.23 10,243.23 .00 6 168,605 158,361.77 COURT 100 PERSONNEL SERVICES 36,424.42 36,424.42 .00 7 548,667 512,242.58 200 CONTRACTUAL SERVICES .00 .00 .00 0 1,000 1,000.00 300 LEASE OBLIGATIONS .00 .00 .00 0 700 700.00 400 SUPPLIES 218.73 218.73 .00 2 11,700 11,481.27 500 OTHER EXPENSES .00 .00 .00 0 1,500 1,500.00 600 ADMINSTRATIVE EXPENDITURES .00 .00 .00 0 800 800.00 700 MAINTENANCE 1,731.23 1,731.23 .00 6 29,850 28,118.77 800 PROFESSIONAL CONSIDERATION 2,332.78 2,332.78 .00 8 27,727 25,394.22 900 CAPITAL OUTLAY 549.00 549.00 .00 1 98,200 97,651.00 DEPT 131 TOTAL ******** 41,256.16 41,256.16 .00 6 720,144 678,887.84 FIRE SERVICES 100 PERSONNEL SERVICES 53,799.54 53,799.54 .00 6 830,604 776,804.46 200 CONTRACTUAL SERVICES .00 .00 .00 0 4,000 4,000.00 400 SUPPLIES 575.64 575.64 .00 4 13,950 13,374.36 500 OTHER EXPENSES 65.89 65.89 .00 16 400 334.11 600 ADMINSTRATIVE EXPENDITURES .00 .00 .00 0 2,000 2,000.00 700 MAINTENANCE 16,002.84 16,002.84 .00 24 65,500 49,497.16 800 PROFESSIONAL CONSIDERATION 1,221.80 1,221.80 .00 4 28,535 27,313.20 . 900 CAPITAL OUTLAY .00 .00 .00 0 79,800 79,800.00 • DEPT 132 TOTAL ******** 71,665.71 71,665.71 .00 7 1,024,789 953,123.29 I'OLTC'h SERVICES 100 PERSONNEL SERVICES 23,709.06 23,709.06 .00 7 347,995 324,285.94 200 CONTRACTUAL SERVICES 175.00 175.00 .00 9 2,000 1,825.00 300 LEASE OBLIGATIONS 354.24 354.24 .00 8 . 4,250 3,895.76 400 SUPPLIES 40.00 40.00 .00 0 9,300 9,260.00 500 OTHER EXPENSES .00 .00 .00 0 1,500 1,500.00 600 ADMINSTRATIVE EXPENDITURES .00 .00 .00 0 2,300 2,300.00 700 MAINTENANCE 366.83 366.83 .00 1 39,000 38,633.17 800 PROFESSIONAL CONSIDERATION 2.56- 2.56- .00 0 9,065 9,067.56 900 CAPITAL OUTLAY .00 .00 .00 0 24,000 24,000.00 DEPT Ill TOTAL 24,642.57 24,642.57 .00 6 419,410 414,767.41 PUBLIC SAPLTY SUPPORT 100 PERSONNEL SERVICES 8,846.49 8,846.49 .00 4 202,531 193,684.51 FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 11/10/93 DEPT/CATEGORY EXPENDITURE REPORT PERIOD ENDING 10/31/93 PAGE 3 FISCAL MONTH 01 8.339s ACCOUNT MTD *********** YEAR-TO-DATE *********** ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED °sBUD APPROPRIATION BALANCE 200 CONTRACTUAL SERVICES .00 .00 .00 0 3,600 3,600.00 300 LEASE OBLIGATIONS .00 .00 .00 0 0 .00 400 SUPPLIES .00 .00 .00 0 4,200 4,200.00 500 OTHER EXPENSES .00 .00 .00 0 100 100.00 600 ADMINSTRATIVE EXPENDITURES .00 .00 .00 0 1,800 1,800.00 700 MAINTENANCE 96.52 96.52 .00 4 2,550 2,453.48 800 PROFESSIONAL CONSIDERATION 89.95 89.95 .00 1 9,350 9,260.05 900 CAPITAL OUTLAY .00 .00 .00 0 34,361 34,361.00 DEPT 142 TOTAL ******** 9,032.96 9,032.96 .00 3 258,492 249,459.04 BUILDING 100 PERSONNEL SERVICES .00 .00 .00 0 0 .00 200 CONTRACTUAL SERVICES .00 .00 .00 0 0 .00 400 SUPPLIES .00 .00 .00 0 0 .00 500 OTHER EXPENSES .00 .00 .00 0 0 .00 600 ADMINSTRATIVE EXPENDITURES .00 .00 .00 0 0 .00 800 PROFESSIONAL CONSIDERATION 60.00 60.00 .00 0 0 60.00- 900 CAPITAL OUTLAY .00 .00 .00 0 0 .00 MN I41 'Icl'I'nl, f11,00 (.0 1)1) .001l 1) I,11.)))) PLANNING & ZONING 100 PERSONNEL SERVICES 17,201.13 17,201..1.3 .00 5 341.,421 324,219.87 200 CONTRACTUAL SERVICES .00 .00 .00 0 68,200 68,200.00 300 LEASE OBLIGATIONS .00 .00 .00 0 7,000 7,000.00 400 SUPPLIES .00 .00 .00 0 600 600.00 500 OTHER EXPENSES 10.01 10.01 .00 0 30,000 29,989.99 600 ADMINSTRATIVE EXPENDITURES .00 .00 .00 0 0 .00 700 MAINTENANCE 1,063.59 1,063.59 .00 1 195,500 194,436.41 800 PROFESSIONAL CONSIDERATION .00 .00 .00 0 7,620 7,620.00 900 CAPITAL OUTLAY 5,958.59- 5,958.59- .00 1- 766,745 772,703.59 DEPT 144 TOTAL ******** 12,316.14 12,316.14 .00 1 1,417,086 1,404,769.86 STREETS 100 PERSONNEL SERVICES 4,004.04 4,004.04 .00 6 64,902 60,897.96 200 CONTRACTUAL SERVICES 646.10 646.10 .00 3 22,625 21,978.90 400 SUPPLIES 214.66 214.66 .00 4 5,150 4,935.34 500 OTHER EXPENSES 56.90 56.90 .00 0 17,000 16,943.10 600 ADMINSTRATIVE EXPENDITURES .00 .00 .00 0 8,840 8,840.00 700 MAINTENANCE 1,027.45 1,027.45 .00 5 22,300 21,272.55 800 PROFESSIONAL CONSIDERATION .00 .00 .00 0 2,935 2,935.00 900 CAPITAL OUTLAY .00 .00 .00 0 52,555 52,555.00 DEP' I.1'. 'born, ,'740 I': ,,94'1, I'1 .no 1 1'0,707 Ir)n,VT/,(I PARKS AND RECREATION 100 PERSONNEL SERVICES 8,115.95 8,115.95 .00 8 99,170 91,054.05 200 CONTRACTUAL SERVICES 350.00 350.00 .00 30 1,150 800.00 FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 11/10/93 DEPT/CATEGORY EXPENDITURE REPORT PERIOD ENDING 10/31/93 PAGE 4 FISCAL MONTH 01 8.33% ACCOUNT MTD *********** YEAR-TO-DATE *********** ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED %BUD APPROPRIATION BALANCE 400 SUPPLIES 20.59 20.59 .00 2 1,000 979.41 500 OTHER EXPENSES .00 .00 .00 0 300 300.00 600 ADMINSTRATIVE EXPENDITURES .00 .00 .00 0 300 300.00 700 MAINTENANCE .00 .00 .00 0 0 .00 800 PROFESSIONAL CONSIDERATION 173.35- 173.35- .00 2- 10,710 10,883.35 900 CAPITAL OUTLAY 5,638.06 5,638.06 .00 64 8,775 3,136.94 DEPT 146 TOTAL ******** 13,951.25 13,951.25 .00 11 121,405 107,453.75 PUBLIC WORKS ADMIN 100 PERSONNEL SERVICES 12,291.36 12,291.36 .00 7 167,910 155,618.64 200 CONTRACTUAL SERVICES .00 .00 .00 0 63,030 63,030.00 400 SUPPLIES .00 .00 .00 0 3,500 3,500.00 500 OTHER EXPENSES .00 .00 .00 0 4,500 4,500.00 600 ADMINSTRATIVE EXPENDITURES 431.49 431.49 .00 4 9,600 9,168.51 800 PROFESSIONAL CONSIDERATION 100.00 100.00 .00 1 6,885 6,785.00 900 CAPITAL OUTLAY .00 .00 .00 0 18,200 18,200.00 DEPT 150 TOTAL ******** 12,822.85 12,822.85 .00 5 273,625 260,802.15 COMMUNITY DEVELOPMENT FUND 100 TOTAL ******** 340,906.43 340,906.43 .00 6 5,862,767 5,521,860.57 CITY OF SOUTHLAKE WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ended October 31, 1993 and October 31, 1992 (.:^audited) To Date Percent To Date Total Percent 1993-94 Actual Collected/ Actual Actual Collected/ REVENUES Budget 10/31/93 expended 10/31/92 9130/93 expended Water Sales-residential $2,018,500 $193,466 9.6% $166,598 S2,276,987 7.3% Water Sales-commercial 418,000 45,979 11.0% 48,734 432,840 11.3% Sewer Sales 270,454 26,999 10.0% 16,302 237,213 6.9% Sanitation Sales 320,000 26,574 8.3% 23,120 287,452 8.0% Other utility charges 197,078 23,941 12.1% 22,381 307,200 7.3% Miscellaneous 17,500 10,476 59.9% 36 75,380 0.0% Interest Income 24,000 0 0.0% 1,522 30,118 5.1% Total Revenues $3,265,532 $327,435 10.0% $278,693 $3,647,190 7.6% EXPENSES Water $1,850,369 $34,262 1.9% $30,545 S1,290,741 2.4% Sewer 887,178 53,320 6.0% 51,868 428,583 12.1% Sanitation 288,000 0 0.0% 0 263,050 0.0% Debt Service- Revenue Bonds 81,895 0 0.0% 0 79,719 0.0% Other-Line Oversizing 25,000 8,265 33.1% 0 24,072 0.0% Transfers-other funds 269,613 0 0.0% 0 267,295 0.0% Total Expenses $3,402,055 $95,847 2.8% $82,413 S2,353,460 3.5% Net Income/(Loss) ($136,523) $231,588 $196.280 S1,293.730 FUND 200 WATER FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 11/10/93 REVENUE REPORT PERIOD ENDING 10/31/93 PAGE 3 FISCAL MONTH 01 8.33% OBJECT ACCOUNT CURRENT YEAR-TO-DATE****** ESTIMATED UNREALIZED DESCRIPTION ACTUAL ACTUAL %BUD REVENUE BALANCE 000 NON DEPARTMENTALIZED •100 PERMITS lti FEES 429.00 FEES-INSPECTION 10,199.82 10,199.82 10,199.82- 400 PERMITS & FEES 10,199.82 10,199.82 10,199.82- 500 MISCELLANEOUS 510.00 MIS-INCOME 261.00 261.00 26 1,000 739.00 512.00 MIS-INSPECTION FEES 15,900 15,900.00 513.00 MIS-RETURNED CHECK CHG 15.00 15.00 3 600 585.00 500 MISCELLANEOUS 276.00 276.00 2 17,500 17,224.00 600 UTILITY CHARGES 611.00 WATER SALES-RESIDENTIAL 193,466.00 193,466.00 10 2,018,500 1,825,034.00 612.00 WATER SALES-COMMERICAL 45,978.79 45,978.79 11 418,000 372,021.21 613.00 WATER TAP 13,829.50 13,829.50 13 108,000 94,170.50 614.00 BULK WATER 3,938.92 3,938.92 23 17,500 13,561.08 651.00 SEWER SALES 26,998.85 28,998.85 10 270,454 243,455.15 652.00 SEWER TAP 2,725.00 2,725.00 12 22,500 19,775.00 670.00 GARBAGE SALES 26,574.41 26,574.41 8 320,000 293,425.59 670,50 RECYCLING RECOVERY 682.00 METER BOX 691.00 METER TEST 692.00 UNAPPLIED CASH 693.00 SERVICE CHARGE 1,230.00 1,230.00 8 15,000 13,770.00 694.00 LATE CHARGES 2,057.41 2,057.41 6 32,078 30,020.59 695.00 DET..INQENT ACCT COLLECTIONS 696.00 RECONNECT FEE 160.00 160.00 8 2,000 1,840.00 600 UTILITY CHARGES 316,958.88 316,958.88 10 3,224,032 2,907,073.12 800 NON-OPERATING REVENUE 807.00 TRANSFER IN-WW/IMPROVE 800 NON-OPERATING REVENUE 900 INTEREST 910.00 INTEREST EARNED 24,000 24,000.00 900 INTEREST 24,000 24,000.00 000 * NON DEPARTMENTALIZED 327,434.70 327,434.70 10 3,265,532 2,938,097.30 TOTAL WATER FUND 327,434.70 327,434.70 10 3,265,532 2,938,097.30 FUND 200 WATER FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 11/10/93 DEPT/CATEGORY EXPENDITURE REPORT PERIOD ENDING 10/31/93 PAGE 5 FISCAL MONTH 01 8.330 ACCOUNT MTD *********** YEAR-TO-DATE *********** ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED BUD APPROPRIATION BALANCE 500 OTHER EXPENSES 8,265.00 8,265.00 .00 2 376,508 368,243.00 600 ADMINSTRATIVE EXPENDITURES .00 .00 .00 0 0 .00 DEPT 000 TOTAL ******** 8,265.00 8,265.00 .00 2 376,508 368,243.00 NON DEPARTMENTALIZED 000 ADMINSTRATIVE EXPENDITURES .00 .00 .00 0 71,500 71,500.00 ion PERSONNEL SERVICES 23,578.31. 23,578.31 .00 7 345,901 322,322.69 200 CONTRACTUAL L:EI:V1It)J .00 .UU .00 0 21,L00 21,500.00 300 LEASE OBLIGATIONS .00 .00 .00 0 4,000 4,000.00 400 SUPPLIES .00 .00 .00 0 4,250 4,250.00 500 OTHER EXPENSES 55.10 55.10 .00 0 1,100,768 1,100,712.90 600 ADMINSTRATIVE EXPENDITURES 4,623.77 4,623.77 .00 29 15,700 11,076.23 700 MAINTENANCE 1,807.04 1,807.04 .00 2 84,250 82,442.96 800 PROFESSIONAL CONSIDERATION 72.00 72.00 .00 1 7,100 7,028.00 900 CAPITAL OUTLAY 4,125.50 4,125.50 .00 2 195,400 191,274.50 DEPT 147 TOTAL ******** 34,261.72 34,261.72 .00 2 1,850,369 1,816,107.28 WATER 100 PERSONNEL SERVICES 2,010.73 2,010.73 849.62 4 48,752 45,891.65 200 CONTRACTUAL SERVICES .00 .00 .00 0 10,000 10,000.00 300 LEASE OBLIGATIONS .00 .00 .00 0 5,000 5,000.00 400 SUPPLIES .00 .00 .00 0 2,100 2,100.00 500 OTHER EXPENSES .00 .00 .00 0 13,500 13,500.00 700 MAINTENANCE 51,309.59 51,309.59 .00 6 792,816 741,506.41 800 PROFESSIONAL CONSIDERATION .00 .00 .00 0 1,510 1,510.00 900 CAPITAL OUTLAY .00 .00 .00 0 13,500 13,500.00 DEPT 148 TOTAL ******** 53,320.32 53,320.32 849.62 6 887,178 833,008.06 SEWER 200 CONTRACTUAL SERVICES .00 .00 .00 0 288,000 288,000.00 DEPT 149 TOTAL ******** .00 .00 .00 0 288,000 288,000.00 SANITATION FUND 200 TOTAL ******** 95,847.04 95,847.04 849.62 3 3,402,055 3,305,358.34 CITY OF SOUTHLAKE UTILITY BILLING MONTHLY REPORT OCTOBER 1993 THIS MONTH THIS MONTH LAST MONTH LAST YEAR 10/31/93 9/30/93 10/31/93 ACCOUNTS BILLED: WATER $239,837.39 $425,719.37 S217,573.51 SEWER 26,949.13 28,638.20 15,317.91 GARBAGE 26,572.72 26,363.22 22,811.75 SALES TAX 1,918.32 1,903.35 1,646.81 OTHER 1,833.85 8,452.08 3,763.67 TOTAL $297,111.41 $491,076.22 S261,113.65 NUMBER OF CUSTOMERS: WATER 3,215 3,186 2.719 SEWER 1,041 1,013 606 GARBAGE 3,195 3,166 2.742 TOTAL ACCOUNTS BILLED: 3,453 3,423 2.914 NEW CUSTOMERS: (increases for the month) WATER 29 44 19 SEWER 28 16 4 GARBAGE 29 35 23 TOTAL ACCOUNTS BILLED 30 41 25 CONSUMPTION BILLED (IN 000'S): WATER 54,337 113,903 50,077 SEWER 22,068 44,104 12.734 O4 MUNICIPAL COURT MONTHLY REPORT OCTOBER 1993 TRAFFIC NON TRAFFIC Non State City Parking Parking Law Ordinance Total 1. NUMBER OF CASES FILED: 747 10 46 6 809 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 0 0 0 B. Payments of Fine 223 1 19 3 246 C. Cases Dismissed 180 0 7 1 188 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 4 0 2 0 6 (2) Finding of Not Guilty 0 0 0 0 0 B. Trial by Jury (1) Finding of Guilty 0 0 0 0 0 (2) Finding of Not Guilty 0 0 0 0 0 C. Dismissed at Trial 0 0 0 0 0 4. CASES DISMISSED: 4 A. After Defensive Driving 107 0 0 0 107 B. After Deferred Adjudication 13 0 6 0 19 C. After Proof of Insurance 106 0 0 0 106 5. CASES APPEALED 0 0 0 0 0 6. WARRANTS ISSUED 0 0 1 1 2 TOTAL REVENUE COLLECTED: C=TY $20, 141.30 STATE 11, 695.00 TOTAL 31,836.30 41i 02/ MUNICIPAL COURT MON=HLY REPORT .04 SEPTEMBER/OCTOBER 1993 COMPARISON SEPTEMBER OCTOBER 1. NUMBER OF CASES FILED: 894 809 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 B. Payments of Fine 198 246 C. Cases Dismissed 147 188 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 2 6 (2) Finding of Not Guilty 0 0 B. Trial by Jury (1) Finding of Guilty 0 0 (2) Finding of Not Guilty 0 0 C. Dismissed at Trial 0 0 4. CASES DISMISSED: A. After Defensive Driving 53 107 3. After Deferred Adjudication 1 19 C. After Proof of Insurance 113 106 110 CASES APPEALED 0 0 6. WARRANTS ISSUED 0 0 TOTAL REVENUE COLLECTED: CITY $15,122.34 $20,141.30 STATE 9,072.00 11,695.00 TOTAL 24,194.84 31,836.30 - $ 410 ADMIN. :;.TIVE CALENDAR • it P LIC SAFETY MONTH: October, 1993 • PROJECT DESCRIPTION EST PHASE sTART/Emp compLETED REmARKs 1..Wrecker Ordinance Aug /Dec 90% , Draft being finalized at . attorney' s office 2 .Hiring New Budgeted Oct /Jan 75% Director Williams & Lt. Personnel Gregg handling 3 .Animal Control /Nov 95% Special Order to go out - to be implemented November 15 4 .Hiring Police Personnel Oct /Nov 100.% Hired - FTO start November 11 5 .Computer Networking Oct /Oct 80% Assigned to GG - Licensing s and final network -re connections 1.> 6 .Truck Route Ordinance Oct /Nov 80% Draft to attorney - November 8, 1993 7 . Hepatitis Program Oct 92/Nov 93 99% Bobby Finn handling - final injections received - blood will be drawn 11-30-93. 8 . Uniform Policy Oct /Jan 80% To be reviewed by Director 9 .Special Order on Teaching Nov /Jan 0 Coordinator Black handling and Presentations 10 .Evidence Property Oct /Dec 60% Reorganization & Conversion Reassignment 11 .Reports & Records System Oct /Dec 75% Part of computer networking and reorganization • ADMI !aTIVE CALENDAR 41/1 I, ' IP :LIC SAFETY MONTH: October, 1993 12 . IAD/Discipline Policy Oct /Sept 80% Director Review 13 .Booking Room Oct /Jan 20% Assigned to Sgt . Daniels 14 .CID Crime & Photo Kits Oct /Dec 70% Assigned to Det . Sessions 15 .Class on Gang Activity Nov /Jan 0 Coordinator Black handling 16 .Hiring Policy Sept /Jan 90% Coordinator Black handling 17 . Policy Manual Oct /Oct 94 20% On going two-year. project 18 .Update Employee Data Oct /Sept 80% Dept Mtg - Forms review/Dir ,.- Jackson handling 1 IT 19 .Training Calendar Dec /Jan 0 Coordinator Black handling N 20 . Infectious Control Policy Oct /Jan 80% Coordinator Black handling 21 .Network Training for /Jan 90% Coordinator Black handling Administration 22 . 9-1-1 Cut Over Oct /Dec 20% Preliminary specs okayed 23 .First Aid, ECA & EMT Nov / 50% Coordinator Black handling Support Personnel Training 24 .Conversion to Alpha Oct /Feb 40% Waiting for original Pagers contracts to expire 25 .Heat Stickers Program Nov / 20% Information received to begin policy • ADMI ..4TIVE CALENDAR • LIC SAFETY MONTH October, 1993 25 .Emergency Management May92/Jan94 50% David Windrow updated plan working on Annexes with Director Williams 26 .Emergency Plan for City Oct93/Jan94 Director Williams handling 27 .Purchase New Ambulance Oct93/Jan94 10% Being built by Emergency One 28 .Establish Commercial Oct93/Oct94 Inspection Program 29 . 30 . / 31 . / 32 . / 33 . / (s SPECIAL PROJECTS Coordinator Black handling 34 .Awards Banquet Nov /Jan 0 with Shana Rice 35 .Bank Security Review Dec /Nov 90% Final Draft approved - Undergoing training 36 . / 37 . 38 . 39 . / 40 . / 41 . / 42 . / 43 . / SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT October, 1993 41/1 POLICE SERVICES Citations Issued _814_ Residential Burglaries _3_ Arrests _29_ Business Burglaries _2_ Traffic Accidents _27_ Vehicle Burglaries _1_ Alarm Calls 177 Assaults 1 Animal Calls _52_ New CID cases assigned _36_ Thefts Under $750 _7_ CID Investigations Cleared _32_ Thefts S750 and up 5 Active CID Investigations _50_ FIRE SERVICES Residential Fires 2 Ambulance Calls : Commercial Fires 1 Vehicle Accidents 11 Other Building Fires _0_ Non-accident EMS _20_ Vehicle Fires _0_ Total Patients Transported _20_ Grass Fires _6_ Grass/Weed Complaints 7 111 Fire Alarms - False 9 Burn Permits Issued 88 Fuel Spills/Leak 5 Pre-fire Inspections 6_ Other Haz-Mat Calls 3 Building Plans Reviewed 10 Bomb Threats 1 Other Fire Calls 28 SUPPORT SERVICES Total Police Service Calls _794_ Total Training Hours : Total Fire Service Calls 53 Police 36 Crime Prevention Surveys 4 Fire 28 Total DARE Classes Taught 81 Communications 14 Warrants Received 0 Volunteers 12 Warrants Cleared 18 Total Personnel Trained 28 Total Warrant Collections $2, 242 9-1-1 Hang-up Investigations 3 T—P4' ill 4110 PUBLIC OAKS PROJECTS 8 PLANS: READY .. ._...... .. .._....:..:..:. :::. .DATE.::..: ..::::::.::;>::, .:..:.- :.:.;..;::.::::;.;:<.»»:;:;::::;`.'.;..:.:<,:: ': ;.:... ::>:;;;;::;:;;:: : ::.;.;:::;;:>:<::.:..:.::DATE: :.. .. _.. .__._...... . . ... _. ... ;:: .:: <:: ;:::... .....PERMISS.ION'..... _..._.._.. . ATE '<`.:::::::.:.::.'.>:>: ,,:: ::'. '<:::.. :<<<'>`::' '.:`;.�::.. :.>::'.' ` :;DELIVERED.: . :::. .:. . . . :: ...:. :i:S::>;<.::::: >s:.; :. . ,-,T.O........:::>::..::» ;:..::._::.:BID::::':::::::'.::.... :.,:;;:;DATE:::::;:.:.;. .:..:::::;.DATE:...: OR . >s. ..::.>: EC . V D. .:... :::>:A.W.B. RDED::;...:::::>::.:::::;:S' A wi.i-i .. :.: ::. COM:P4...44i > <. ;.;.. . ,T..: . ;;:.:::»;::. .: ;:::.::: ....:::: :;;.:::;:;. ..AD?9''�G.:ORD.EREA... .......R ...�L:.:�... .... ............. ................ ........... :.:::.:::..:..:.. .. PROJECT::.;:D�.S...CRIP.:..;xSQN.:. :, <, .: .;,<,;;;:>;;:.:;; .:.::::.:: .. .::.:::::.::....:�..:.:::::::::::::::::::.::::. .:::.:::_ ::. ..................... ..... ............................ .... .............. _.......:...... 1 . Jellico Circle 09/15/92 10/13/92 10/20/92 04/02/93 08/30/93 2 . Continental Blvd. (County) 07/12/93 11/30/93 plans to plans to 3 . Continental Park Drainage 01/15/94 Council Council 4 . Crosstimbers 5 . Parking Lot 05/16/93 09/01/93 6 . F.M. 1709/Water Line Relocation 11/03/92 12/08/92 12/15/92 01/04/93 07/15/93 7 . S-2 Sewer Line 05/27/93 07/20/93 07/26/93 12/93 8 . Street Bond, Phase I 02/02/93 03/09/93 06/01/93 07/01/93 10/30/93 Carroll Ave. (Dove to Burney) plans to plans to 9 . Summerplace Ln. Drainage 01/15/94 Council Council (°Ar 10 . Water Improvements, Ph. III 02/02/93 03/03/93 04/06/93 04/26/93 07/15/93 (White Chapel) 11 . Water Improvements, Ph. II 10/01/93 10/13/93 10/19/93 02/01/94 05/15/94 (High Pressure Plane) 12 . South Peytonville 08/17/93 Contingent upon ROW acquisition 13 . F.M. 1709 Reconstruction 10/93 Summer 94 (State) 14 . Modular Building Addition 10/93 11/09/93 11/16/93 15 . Storage Building for Records 08/23/93 16 . Water Improvements, Ph. I 04/06/94 If funds (Kimball area) are available November 11, 1993 c:\wpfiles\budget\projects 1 City of Southlake,Texas MEMORANDUM , 9 November 08, 1993 TO: Robert Whitehead, Director of Public Works FROM: Brad Payton, Street Superintendent SUBJECT: Monthly Report for Street Department October, 1993. Description Sept Oct 1 . Tons of asphalt used a. Ultimate Petroleum Mix 0 0 b. Hot Mix Asphalt 95 0 c. Cold Mix Asphalt 100 100 d. Base Material 100 100 2 . Lane Miles of Road Repaired 100 95 3 . Number of Street Signs Repaired or Replaced (all types) 18 22 0 4 . Feet of Ditch Line Cleaned and shaped 0 300 5 . Number of Vehicles Repaired 0 0 6 . Row mowed in miles of streets 90 90 54,2 BP/cbk i • 4 - H — UTILITY DEPARTMENT REPORT MONTH OCTOBER, 1993 SEPT OCT IIIGALLONS PUMPED FROM WELLS 0 0 PURCHASED FROM FORT WORTH 91,374 ,000 44,036,000 TOTAL PUMPED AND PURCHASED 91,374,000 44,036,000 WATER METERS SET 40 44 NEW WATER TAPS MADE 3 5 VALVES REPAIRED 8 5 VALVES TESTED 7 _ 4 FIRE HYDRANTS INSTALLED 2 0 FIRE HYDRANTS REPAIRED 4 0 FIRE HYDRANTS FLUSHED 0 6 DEAD END WATER MAINS FLUSHED 0 0 WATER MAINS REPAIRED 2 9 WATER METERS AND SERVICE LINE REPAIRED 2 15 LOCKED METER FOR DELINQUENT PAYMENT 7 7 PULLED METERS 1 0 METERS REPLACED 8 3 1110 MISCELANEOUS WORK ORDERS 148 160 SEWER LIFT STATIONS CHECKED (4 L. S . ) 88 84 REQUIRED MONTHLY SEWAGE TESTS 8 10 SEWER PLANT MAINTENANCE (BANK & DOVE) 44 42 SEWER MANHOLES INSPECTED 15 5 _ MISCELLANEOUS PROJECTS 0 0 WATER SUPERINTENDENT (37,-- ) , 2114._/ oC DIRECTOR OF PUBLIC WORKS 1111 Li- -T City of Southlake,Texas CITY MANAGER MEMORANDUM November 10, 1993 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: DRAINAGE EASEMENT DEDICATION - Provide Off-site Drainage for the Princeton Park Addition The purpose of this off-site easement is to provide drainage for the Princeton Park subdivision. The easement is located within a future phase of Timber Lake and is indicated as a drainage easement on their preliminary- plat . The easement, however, has not been dedicated because the plat of this portion of Timber Lake has not been recorded. Attached is a copy of the proposed easement dedication with the appropriate description and exhibit. City staff has also reviewed the request and has no problem with the dedication of the easement . Please place this item on the council' s agenda for approval of the drainage easement dedication and authorization for staff to take relevant action to facilitate the filing of record of the dedication. Staff will obtain signatures upon approval . GL/te Attachment : Drainage Easement Dedication 111 File: C:Iwpfileslmemoslprincton.drn 5Q CITY OF SOUTHLAKE PERMANENT 15' DRAINAGE EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That we, SOUTHLAKE JOINT VENTURE, for and in consideration of the sum of Ten ($10) Dollars and other good and valuable consideration in hand paid by Grantee herein, the receipt • and sufficiency of which is hereby acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, sell and convey to the CITY OF SOUTHLAKE, Grantee herein, of Tarrant County, Texas, a perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating and operating utilities in, into, upon, over, across and under that land in Tarrant County, Texas, described as follows, to wit: Permanent 15' drainage Easement: See attached Exhibit 'A' for metes and bounds description. See attached Exhibit 'B' for graphic depiction. together with the right of ingress and egress as necessary for such purposes. Such permanent easement shall include the right to excavate upon such property, but Grantee shall replace any fence, improvements, or other fixtures upon said property without cost of Grantor, or current owner thereof, and shall restore the property as nearly as possible to its condition prior to entry thereon. TO HAVE AND TO HOLD the above described easement, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and We do hereby certify that We are the owners of the property described herein and bind ourselves, our heirs and assigns, to warrant and to forever defend all and singular the premises unto the said Grantee, is successors and assigns, against every person whomsoever lawfully claiming or to claim same or any thereof. Executed this the day of , 1993. SOUTHLAKE JOINT VENTURE By: NICHOLAS R.DiGIUSEPPE, Authorized Representative Page 1 of 4 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared NICHOLAS R. DiGIUSEPPE, Authorized Representative SOUTHLAKE JOINT VENTURE known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 1993. Notary Public in and for the State of Texas • My commission expires: t Approved by City of Southlake, day of , 1993. By: Mayor, City of Southlake • Return to: City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Grantor: Southlake Joint Venture 14680 Montfort, Suite 200 Dallas, Texas 75240 ' Page 2 of 4 SO-3 1: EXHIBIT A FIELD NOTES FOR A 15 ' DRAINAGE EASEMENT BEING A TRACT OF LAND OUT OF THE P .J . HYDE SURVEY , ABSTRACT NO . 667 , TARRANT COUNTY , TEXAS , AND BEING A PORTION OF A TRACT OF LAND 46 DESCRIBED .IN DEED RECORDED IN VOLUME 9719 , PAGE 599 , DEED RECORDS . TARRANT ' COUNTY , TEXAS , AND BEING DESCRIBED AS FOLLOWS : BEGINNING AT A P .I . NAIL FOUND IN THE CENTERLINE OF W. CONTINENTAL BLVD . , SAID POINT BEING THE SOUTHEAST CORNER OF SAID P .J . HYDE SURVEY : THENCE WEST 15 .00 FEET ALONG SAID CENTERLINE TO A POINT FOR CORNER; THENCE NORTH 00 DEGREES 00 MINUTES 25 SECONDS WEST 466 . 70 • FEET. TO A POINT FOR CORNER; THENCE EAST 15 . 00 FEET TO A POINT FOR CORNER 'IN THE EAST LINE OF SAID P . J . HYDE SURVEY: THENCE SOUTH 00 DEGREES 00 MINUTES 25 SECONDS EAST 466 . 70 FEET ALONG THE EAST LINE OF SAID P .J . HYDE SURVEY TO THE - POINT OF BEGINNING AND CONTAINING 0 . 16 ACRES OP LAND , MORE OR LESS . N SCALE 1. = LEGEND LOYD LOYD BRANSOM SURVEYORS INC. • IRON PIN �� :• CHARLES B HOOKS JR. REGISTERED PROFESSIONAL LAND SURVEYOR Q IRON PIPE _ `o J Q►- Iar''1. A cols O'ARC STAKE 71 �o P 44 k 1028 NORTH SYLVANIA AVE. CONCRETE MON Fo 9f t FT_WORTH,TEXAS 76111 JX—X— PENCE i IE5 B. H•O'OHS,JR. 834-3477 100 HEREBY CERTFY THAT THIS MAP IS TRUE AND CORRECT AS POWER LINE P *0 3946 �:' SURVEYED ON THE GROUND,AND THERE ARE NO EASEMENTS OR —T—T— TELEPHONE LINE 9is► �ESst?...�O ENCROACHMENTS ,OTHER THAN THOS CAN— CABLE TELEVISION S U R �� 6 • SHADED DESIGNATESTE�CONCRETE �K-7 DATE /Q -/L- 73 J • _ .. ti�. • ..r., � -c., , •!...,- ---,]. _ - _ 4i.' r'_LfNt�!<lr:. _ "f - :_"�. 3 _.CJ+y iy�y •rK�{�W w :i: - ,_r - .. -• .--."--.• _ _ "ice - : • EXHIBIT B PROPOSED PRINCETON PARK EAST - 15.00---\\1., 0 No . A.R. JACKSON f` V. 2608, P. 304 4309 SOUTHLAKE JOINT VENTURE F. O.R.T C.T. • z 1 .• V. 9719, P. 599 D.R.T.C.T. 1 a w yr k . V1 Id eV - W O O U O O cc • O 0 o 0 Z • 41[' • Rt0 J/C IP •/FWD PK L NA& NTD WEST - 15.00J .O.g. W. CONTINENTAL BLVD. SCALE 1- _/oo LOYD BRANSOM SURVEYORS INC. . • . IRON RN _ - 0 F CHARLES B HOOKS JR. Q IRON PIPE, aiST'°s�`: REGISTERED PROFESSIONAL LAND SURVEYOR `� 1028 NORTH SYLVANIA AVE. Q Bois D'ARC STAKE �7/* y F:9 p coNCRErE i o.i •p �I.,.,,�,�°,'__ II, FT. WORTH,TEXAS 76111 X—X— FENCE ��, 834-34 77 �—�— PONfERUNE f op^'U`fQ . I DO HEREBY CERTIFY THAT THIS MAP IS TRUE AND CORRECT AS ��tT�,�, s V' SURVEYED ON THE GROUND,AND THERE ARE NO EASEMENTS OR —T—T—TELEPHONE LINE �C ..e.a o,.�{ ENCROACHMENTS QIE.OTHER THAN TH SH —CATV— CABLE TELEVISION EI E�.V�t�el �►/�/_Q/� " . O�1 SHADED AREA DES Q 4ATEB CONCRETE �Q-S DATE /U—/L—V • .ems. City of Southlake,Texas MEMORANDUM CITY MANAGER November 11, 1993 TO: Curtis E . Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Permission to Advertise for Bids for Reconstruction of South Kimball Avenue Public Works staff asks the permission of the City Council to advertise for bids for the Reconstruction of South Kimball Avenue from F.M. 1709 south approximately 300 feet . Eddie Cheatham, Cheatham and Associates, has prepared plans for this reconstruction. He will be present to discuss the plans with Council . The estimated cost of construction is $123 , 000 . On Tuesday, November 9, 1993 , we met with Tx-Dot staff to discuss the improvements to Short Ave . /Kimball at F.M. 1709 . A summary of that meeting is attached in a letter to Tx-Dot . In summary, the State will not cul-de-sac Short Ave . , and will build the North Kimball connection between F.M. 1709 to Short Ave. The anticipated construction schedule for this intersection is : • South Kimball Ave. (City construction) 1 . acquire ROW from the County by January 1994 . (City has requested the donation of the land in a letter to Commissioner Hampton. ) ; 2 . relocate utilities - December 1993 to February 1994 ; 3 . advertise for bids - by February 1994 ; 4 . Council award bid - mid February 1994 ; 5 . start construction - March 1994 ; 6 . end construction June 1994 . • North Kimball Ave. (F.M. 1709 to Short Ave . ) Tx-Dot construction 1 . Tx-Dot stake ROW next week 2 . City will write legal description and acquire ROW - Dec. 1993 . 3 . Tx-Dot construct street along with F.M. 1709 . The contractor expects to be completed by May 1994 . Please place this item on the Council' s November 16th agenda for their consideration. If you have any questions, please contact me. Sg4 • BW Attachment 5 -/ 0 0-- City of Southlake outhra - November 11, 1993 Mayor: Mr. Randy Burkett, P.E. Gary Fickes Texas Department of Transportation P.O. Box 6868 Mayor ProTem: Ft . Worth, Texas 76115-0868 Jerry Farrier Councilmembers: Barry K.Emerson Dear Randy: W.Ralph Evans Stephen W.Apple Sr. I want to express my sincere appreciation to you, Joe Jon Michael Franks Atwood, Ray Bulzalski, and David Neely for your Andrew L.Wambsganss understanding and ability to work with the City of City Manager: Southlake to resolve issues during the construction of Curtis E.Hawk F.M. 1709 . My understanding of the results of our Citysecretary: November 9 , 1993 meeting is : Sandra L.LeGrand • North Randol Mill - City will stake the new curb returns ; Tx-Dot will build the widened (36' ) street section to the north curb returns and the appropriate transition back to the existing street 111 width (24 " ; • North White Chapel Blvd. - same as above; • South White Chapel Blvd. - because of the need for ROW on the west side and the time estimated for utilities to be moved, Tx-Dot will not need to revise this portion of the intersection. City is planning tc widen North and South White Chapel in 1994 and will need to acquire the ROW and widen the intersection. • North Carroll Ave . - Tx-Dot will build the required drainage and the 36' wide street to the north curb returns ; Tx-Dot will revise the intersection signalization: City will design the drainage and revise the appropriate plan documents; stake the curb radii and curb returns; will contract to close off, with curb and gutter, "old" North Carroll . City Council has approved the acquisition of right-of-way and the letting of bids for the J construction of North Carroll . The present plans for construction are : 667 North Carroll Avenue • Southlake, Texas 76092 5 !+ _ L817) 481-5581 • FAX (817) 481-0036 Mr. Randy Burkett, P.E. Texas Department of Transportation Page 2 • R.O.W. acquired by January 1994 ; • bid letting February 1994; • utilities adjusted March 1994 ; • completion June 1994 • South Carroll Ave. - Tx-Dot will widen street and build curbs to the south P. I . and build the appropriate transition to the existing 20' street . • Short Ave . /North Kimball Ave. - Tx-Dot will stake existing ROW of F.M. 1709 and Short Ave. and consider drainage . It was decided that a meeting on the site may be warranted. Tx-Dot will design and build the Short Ave. connection to F.M. 1709 . City will acquire necessary ROW (in process) and build South Kimball . Present plans are: a. ROW acquired by January 1994; b. November 16th to City Council for approval on plans and authority to bid. c . Construction Spring 1994 . We look forward to continuing to improve transportation needs in the area. Sincerely, f, Robert R. Whitehead, P.E. Director of Public Works xc : Curtis Hawk, City Manager Wes Heald, Tx-Dot Rondel Fagan, Tx-Dot wpfiles\wthead\tx dot I ` • 'a tl\•• \ 4.. T;�ll. 4Zt 4? • i sTA 4284%S.61 1A, • • `_-__S ' ' 3• 0• 0.00• 1 - _ ; : a 1-� Iy i • , P 17 / PC STA 424.90.34 CU , stv ;%PT STA 431434.91 lAl 1 .�+ ,A•r SI. Q-CQ ej,r€/ r-"-i1 r` Z; I ..----.- -'' •' ...,:,..•. Y :''e..1.4. F'' "/'-'*R r'! TTI. .� 1-r-t7 I •.D. ,ttt ' .. ^ ``.... Prop ROW ' ; •4 64 I YC• '4.= O 5 ._, ,,,.. �. ,. -.. -- tamer, fl• clri'ter E� � -- .� RI 1; • ptatnlno"1 .�.. o, r '� " _`..,. 1 Prop ROM :onat Eoaelr» g ,-.a Under ` '� , ..�•� _ • •.` y ' lane _ 1` •. - ,- �!•;,•�.�• . IRI 1.z g • xiStill 1 /' 1 —�- v, 1 41,- •-% F„....y.e-0‘` • l• i'" l R, r W •: , T ,�+ \ 'Ful).CC G 1 ` %,, fsc''''' i-W, T 0 9e". RT / Oy • tnv twtli 1 y� 1 f ��j 6' ASPH STREET / l„ m 1• „ , ter Elev 640.67 / `1 1111 g , ` 1 i e ! , , , II I I ! I r _i__ 1 T I I 4 I I ' /Y/ , 4 ELST t.}• 64933a S.00(MI , , / i , I " TQO.00� J 1 I if 1 , --PROF%PROFtt, --.---_--J4_-2..33_L I •---- I EXIST NO PROFILE I /, , K-2E�3 _ ! —I, ! i I , I ---} a f a i ---- • • 1��}� r e I I I I I I ' I ! i i . f - i ! 1 I ! I - • t[ -1 i- _____ i City of Southlake, Texas MEMORANDUM November 11, 1993 CITY MANAGER TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Interlocal Cooperation Agreement with City of Keller for the Transfer of Utility Services from Keller to Southlake Attached is an Interlocal Agreement between the City of Keller and the City of Southlake for the transfer of utility services . Since Tx-Dot is in the process of reconstructing F.M. 1938 (Davis Blvd. ) and F.M. 1709, several of Keller' s water services, that are in the corporate limits of Southlake, need to be relocated. It seems appropriate to transfer these utilities to the City of Southlake during this relocation process . Three of the units are located on F.M. 1938 and Continental Blvd. , and six of the units are located on F.M. 1709 east of Pearson Ln. (See Exhibit A) Southlake will agree to provide municipal utility service and maintenance within the identified areas upon transfer of these utilities . Staff recommends that the Interlocal Agreement for the transfer of these nine utility services from the City of Keller be approved. Please place this on the November 16, 1993 agenda for consideration by the City Council . If you have any questions or need further information, please contact me . BW BW/sm Attachment wpfiles\memos\kell.agree INTERLOCAL COOPERATION AGREEMENT FOR THE TRANSFER ® OF UTILITY SERVICE FOR CERTAIN IDENTIFIED AREAS FROM THE CITY OF KELLER TO THE CITY OF SOUTHLAKE STATE OF TEXAS § COUNTY OF TARRANT § This agreement is made and entered into by and between the City of Keller, Texas, a home rule municipal corporation, operating pursuant to the laws of the State of Texas and located in Tarrant County, Texas (hereinafter referred to as "Keller") and the City of Southlake, Texas, a home rule municipal corporation, operating pursuant to the laws of the State of Texas and located in Tarrant County, Texas (hereinafter referred to as "Southlake"). WHEREAS, Chapter 791 of the Texas Government Code (the Interlocal Cooperation Act) authorizes city governments within the State of Texas to contract with one another for the 11111 provision of various governmental functions and the delivery of various governmental services, including those in the area of public health, sanitation and utility service; and WHEREAS, the City of Keller is currently providing water and/or wastewater utility services to nine existing units located within the corporate limits of the City of Southlake; and WHEREAS, the Texas Department of Highways and Public Transportation (Highway Department) has undertaken a roadway reconstruction project on FM 1938 and also on FM 1709 which roadways lie within the corporate limits of the City of Southlake and are adjacent to three units for which utility service is now being provided by the City of Keller on FM 1938 and adjacent to six units for which utility service is now being provided by the City of Keller on FM 1709; and WHEREAS, the Texas Department of Highways and Public Transportation has advised the City of Keller that it will be required to expend approximately $26,000 to relocate the ® utility lines now providing direct service to these nine units as a required contribution incident to the Highway Department project involving FM 1938 and FM 1709; and • WHEREAS, the City Council of the City of Keller, after due and careful consideration, has determined that it would be unreasonable and unnecessary for the City of Keller to expend that sum of money to restructure utility service lines to serve properties located within the corporate limits of the City of Southlake; and WHEREAS, the City Council of the City of Southlake, after due and careful consideration, has determined that it is fitting and appropriate for the City of Southlake to install utility services necessary to support these nine units and surrounding areas; and WHEREAS, the area on which the nine units are currently located lies within a geographic area for which the City of Southlake is authorized to provide municipal utility service; and WHEREAS, the City of Keller and the City of Southlake have jointly agreed to transfer responsibility for utility service for the area on which the nine units in question are located and have chosen to do so in the form of an interlocal agreement; and WHEREAS, Keller and Southlake mutually desire to be subject to the provisions of the Interlocal Cooperation Act and other applicable statutes and to contract pursuant thereto. NOW, THEREFORE, Keller and Southlake for the mutual consideration herein stated, agree as follows: 1. Keller hereby agrees to relinquish any and all rights that it might have entitling it to provide municipal utility service to the nine units and the directly surrounding area located adjacent to portions of FM 1938 and FM 1709 within the corporate limits of Southlake. The first area generally lies southeast of the intersection of FM 1938 and Continental Blvd. This area is further described as an area commencing immediately east of the eastern right-of-way line of FM 1938 and immediately south of the southern right-of-way line of Continental Blvd. and extending southward a distance of approximately 900 feet. This area extends eastward from 111 the eastern right-of-way line of FM 1938 to a depth sufficient to encompass the tracts of land -2- or lots of record currently fronting on FM 1938 and includes lots or tracts now receiving utility service from Keller. In addition to the area identified above, the parties proposed to transfer utility service responsibility for a second area that generally lies east of the intersection of FM 1709 and Pearson Lane. This second area is further described as an area commencing at the eastern right-of-way line of Pearson Lane at its intersection with FM 1709 and extending eastward a distance of approximately 1700 feet. This second area extends northward and southward from the right-of-way line of FM 1709 to a depth sufficient to encompass the tracts of land or lots of record currently fronting on both the north and south sides of FM 1709 and includes tracts or lots now receiving utility service from Keller. The two areas described above are graphically identified on the map identified as Exhibit "A" and attached hereto and incorporated herein for all purposes. 2. The City of Keller further agrees that although it is surrendering specific areas ® in which it currently putility service to the City of Southlake for future provision of utility service, it does not and will not request payment from the City of Southlake for any utility infrastructure which it has placed within these areas to provide utility service in the past. 3. The City of Southlake hereby agrees to provide municipal utility service within the area identified in paragraph 1 and in Exhibit "A", thereby assuming all responsibility as the retail public utility for this area. 4. The City of Southlake further agrees to bear the full cost of installing new utility infrastructure to support the nine existing units now lying within the areas identified in paragraph 1 and in Exhibit "A". Southlake further agrees that it will accept all maintenance and support requirements for this utility system in the future. 5. The parties further agree that transfer of responsibility for the service area shall • occur at the time that the City of Southlake accepts the new utility infrastructure installed under its authority and at its cost to serve the area in question. The City of Southlake agrees that it -3- will advise the City of Keller of its construction schedule and progress on the installation of these improvements and will give the City of Keller written notice, at least five days proposed in advance, of its intent to conduct a final inspection of the utility improvements immediately prior to acceptance and of the proposed date for the transfer of responsibility. The purpose of these requirements is to allow the City of Keller to effectively plan and manage the transition of service responsibilities. 6. Prior to the designated time of acceptance, the City of Keller agrees to continue providing utility service at current levels to the subject areas so long as existing services can be maintained without interference with Highway Department construction on FM 1938. The parties agree that the Texas Department of Highways and Public Transportation shall be free to order discontinuance of utility service and removal of existing utility infrastructure for purposes of completing highway improvements to FM 1938 and FM 1709 and such direction by the Highway Department shall release and relieve Keller from further utility service responsibilities for their area and the City of Southlake will begin service at that time. 410 7. The City of Southlake agrees that it will be responsible for securing any and all easements necessary to install new utility infrastructure to the subject areas. 8. Keller and Southlake each designate their city managers as the respective representatives of each government authorized to manage coordination with the Texas Department of Highways and Public Transportation, the development of necessary construction plans and schedules and as the individuals responsible for ensuring that transition of service is handled pursuant to the terms of this agreement. 9. This agreement and any of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any cause of action is filed by either party arising out of the terms of this agreement, venue for said lawsuit shall be in Tarrant County, Texas. -`( -4- • 10. In the event that any portion of this agreement shall be found contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent legally permissible. 11. Each party agrees to accept full responsibility for the acts, negligence, and/or omissions of their respective officers, employees and agents. It is the intent of the parties that each will be responsible to the extent permitted by law, but this provision is not intended to waive any element of sovereign immunity or to remove any further protections afforded general purpose units of government pursuant to Texas law. 12. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereto certifies to the other that any necessary resolutions or orders extending such authority have been duly passed and are now in full force and effect. Executed in duplicate originals this the day of , 1993. CITY OF SOUTHLAKE By: Mayor ATTEST: City Secretary CITY OF KELLER By: City Manager ATTEST: City Secretary c:I unfilesVnirlocl.agrlkelerwtr.agrl -5- 11 1 I x 3 .1 i ru 1 ]a. 7_�/ J I 3 t I- T-7 3.< EXHIBIT " A !! i l �. I I _: 1 -- _+ _ - it I__ ce . K 7 r ` �'�t GVRVEY AEST HQ S t ,.rilil ( ! I Ib �GF 1- IIIRL'e1 `ao''�1 I I-A'z.Aw ' er_i.__ 1� -• 71u 1441 4a� �� -- � e1 7C 7 7e TA 4A {o Kxe 1 1 I .a. - Mk. I h4 x - - I 7 n 1 II IK Z A �. aL L ��77 1 , . .HY—z. '1 iz 1L_J + I nA< 3 .4AcI f3A< I I I • f� 1I, 1,.1:1 4c��--7L n` '{___ �i it {� ►. '.6L 2'I e22{ I 4A I I 2 t•' ti. lei j I'� RCS i •KNiNSON RIZ_ .1\ K. I S I.2 1[ az 123111 II le r q! 2 2 2 z 2 2 2 2 2 z 2 -1 I 1 t 1 ,I jrIw 1 1[ C I C C C C C C C C C I t� ! c•C I 3 ! 7 R ■ 2 3 / 10 71 32/�- I ,eLL tE ` ' ICI ! 1 w R + F- It1 let I i I I ! I 11 p' `Sa 1 {ateJ _ ro1A _� IC i L_ 2• " 63Ac cAc 12.eK L[ EV , 20 1 ( ,A♦ .--] r t 11•C I G • e` 2C 11 s 1 �•c+ I I 111A i 1` Zw �{1� __1-_.. 'I 1 ES-- I , IA • 1 i's . Itii t I M"�- •�._• �� tim.,,,E EY CBSI 1 1 'II e • 1 It-, 41 •••11 0 CC Iv ..1 • I t.I S -II Y A:ST. .2118 x i 1 o - �1 5 5 N If,:1;....u\N_.\\;..\\__\\..\)_\..,\......\ \sci . { 4 4 451 L I II Us i�k►t •1 `� 1 ` ` _. pNFA L_`1 1 v— SCI G�K 1 IC l 2-, 4♦ I- .�-_. i.A� .< I i I I 7:2.< 1 �- I 4 ..•--_ ' _A' '' I 441 4L1 ' SD I • + DO. SA< 6 I �._Ij-� 4M 1 r Y • 'uA 132!Ac 1}{Ac Se Ac. 662 'O'ti —. I _ I I I IA1 1 ly• I! I 1 ...LT! { 1 •{RT AL 1 �_� y. 1 L� 1 • 1 AS f . -.T-._ _J II+I 1 - wa 7 �' 4 \\ z Az ' ]7K•2 Ac.2J.c 16K 14Ac ` •IAie 1 II1L I T I - c!y(II GM 1e tax s 6[ II e3I Iy� I SLiRvE L- c 'pI •ul c� I 4e 1 .0 I `{O I I___ 1' i zK • Ie C ' 1 6e 1• I aA ( I ' I i_ I I I •�:e':� �L t •�-• 6e2 4211 K 113 44. i e3Ac 11 7 AA 4.Ac IAA: 54_1 1•A< IIK , • 6Ca -1 6C2 4pA 1_ J .ri6AIA 76A1 .B i s I I 1 CC • t � A so , �2K1 1i:.3 i Alia 1 I ei a • -11 I.. 1 .---it i r- k,..91A. • u 2 a 4,.e mIu [ 4I1 43 aill i 1 36 t I A.K ±1 iT a.0 1 I 3A: . • -V L Jq`-- 'L:iL 40 441,I ;'a.. _ 'CI y` 3 � 'K£LLER CITY^ ci,�r - - ---�-71111 aA ----- a1 t1 FAITH • '- 2L .03 7 A< , 4C. L 1L -4ATH934I c1 S I �=• �S - J cc" • t Jk a ..A< � I ,f-z, --. • ill , • , • . , _ ... fd,..7 ftytVE. City of Southlake,Texas CITY MANAGER MEMORANDUM /� / _/2_ } November 12, 1993 t / TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of Bid for Portable Building At 10 : 00 a.m. , Tuesday, November 9 , 1993 the bids for the "Addition to Portable Prefabricated Structure" were publicly opened and read. One bid was received from Penntex Construction Company at a total base bid of $39, 340 . 00 . Specifications as proposed by The Allen/Buie Partnership, Architects/Planners Incorporated, Longview, Texas, were obtained by six potential bidders, with only one of the six actually submitting a bid. Mr. Robert Allen of Allen/Buie has reviewed documentation provided by the bidder and recommends the bid be accepted by the City Council . The building is the same manufacturer as the existing units . The approved 1993-94 budget included $75, 000 for the installation of the addition. If the Council awards the bid the project costs would be : Building $ 39, 340 Architects Fee 3 , 500 Other City Costs 5, 160 (Fencing, striping, etc . ) 10o contingency 4 , 000 Total Cost $ 52 , 000 The Public Works staff, based upon the architects review of the bid and bidder, recommends the bid of Penntex Construction Company for $39, 340 be approved. The contract time of completion is January 31, 1994 . Please place this item on the November 16 , 1993 Council agenda. 6));(`L/70-a,1-'(--(- BW Attachment : Bidder' s list wpfiles\memos\building Set -/ BIDDER' S LIST ADDITION TO PORTABLE PREFABRICATED STRUCTURE for City of Southlake Tuesday, November 9, 1993 10 : 00 am. BIDDER PHONE BOND TOTAL BASE BID ALTERNATE BID Penntex Constr. Company (817)429-2748 yes $39,340.00 n/a • c ng City Secretary 11/09/1993 :.r«.es\bids\tabshee:.bid - 5d—z City of Southlake,Texas MEMORANDUM November 12, 1993 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Appointment of Directors to the Southlake Parks Development Corporation The applications for appointment of members to the Southlake Parks Development Corporation are attached to this memorandum for your consideration. Four (4) Councilmembers will need to be appointed, as well as three (3) others, one (1) being the Chairman of the Park and Recreation Board. I made requests of the Grapevine Sun, Colleyville News and Times and Southlake Journal to print the advertisement for positions to this board, however, I only noted the article in the Southlake Journal. As of this time, I have received three (3) applications for the appointments, and will present any other applications that I might receive to you Tuesday evening in work session. If you have questions, please do not hesitate to contact me. /s1 1 6 4111 ORDINANCE NO. 597 • 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 1111 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: 4111 f:\files\muni\slake\ordinanc\devcorp.ord — 1111 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 11/1 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. 1111 f:\files\muni\slake\ordinanc\devcorp.ord 2 74, SECTION 5. S t is intended that the Corporation be a duly constituted That i P 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 4111 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 4111 f:\files\muni\slake\ordinanc\devcorp.ord 3 7t4 - 3 any such unconstitutional phrase, clause, sentence, paragraph or 1111 section. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required bylaw, and it is so ordained. PASSED. AND APPROVED ON FIRST READING ON THIS DAY OF , 1993. MAYOR ATTEST: CITY SECRETARY 4111 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 4111 ARTICLES OF INCORPORATION OF SOUTHLAKE PARKS DEVELOPMENT CORPORATION THE STATE OF TEXAS § § COUNTY OF TARRANT § CITY OF SOUTHLARE 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 11/1 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. " f:\files\�ni\slake\articles.e3 Ehxibit HAII ARTICLE TWO 4111 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 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 4111 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, development and operation of parks and recreation facilities. In particular, the Corporation shall have the authority to finance, develop, construct, maintain, and operate park and recreation facilities; and the authority to install park and recreation equipment and landscaping on park and recreation sites and facilities; and the authority to install and maintain utility lines, drainage lines, parking lots and roadways necessary and appurtenant to the park and recreation facilities to ensure that they are made available and useful to the citizens of the City of Southlake. The Corporation may finance and undertake any such 1111 f:\files\muni\slake\articles.e3 2 Ehxibit t1At1 project, subject to the regulations and limitations set forth in 4111 however,4B of the Act provided, that the Corporation may not undertake any specific project or type of general project that is outside the scope of park and recreational facilities as specifically set out in these Articles, unless the City Council shall first allow the voters to vote on a ballot proposition for or against that specific project or type of general project. The 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 410 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 4111 f:\files\nuni\slake\articles_e3 3 Ehxibit ""A" 4111 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 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 11/1 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 4111 f:\files\nuni\slake\articlea.e3 4 Ehxibit •1A11 7a --g 1111 effect that any grant, conveyance, transfer, mortgage, encumbrance, assignment of property owned bythe City is prohibited. pledge or assignm n p p y 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 SAMENDMENT 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 1111 f:\files\muni\slake\articles.e3 5 Ehxibit 'An approve the form of the proposed amendments. The Board of 1111 Directors of the Cor oration may then amend the Articles of P 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 ordinance adopting the amendment to the Articles of Incorporation of the Corporation or articles of dissolution at a meeting of the 4111 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. IIIf:\files\auni\slake\articlee.e3 6 Ehxibit "WI k1a ..`0 ARTICLE TEN 41/1 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. The terms of the . initial board of directors shall be as follows: Three (3) of the directors shall be appointed to terms expiring May 31, 1995 and four (4) of the directors shall be appointed to terms expiring May 31, 1996. Thereafter, the terms of directors shall be two (2) years, expiring on May 31 of odd numbered and even numbered years, respectively. Directors may be appointed to succeed themselves. 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 4111 City, or members of the City Council, and at least one of the three (3) remaining directors must be a member of the Southiake Park and Recreation Board. Any director who is a member of the City Council or the Southiake 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. (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: 11/0 f:\files\anni\slake\articles.e3 7 Ehxibit ""A" `�� - 1 ( 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 4111 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, 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 11/1 f:\files\muai\slake\articlee_e3 8 Ehxibit HAu each officer's office shall expire on of each year. 4110 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 Southlake, Texas 1110 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 Ordinance and these Articles of Incorporation, and the City has by said Ordinance, dated , approved these Articles of Incorporation. 1110 f:\files\stun\slake\articles.e3 9 Ehxibit flAu ARTICLE THIRTEEN 4110 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 4110 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 attempt to influence legislation; (3) participate in, or intervene in (including the publication or distribution of statements) any 11/0 f:\files\mmuni\slake\articlee.e3 10 Ehxibit "A" 4111 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; 1111 (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 f:\filea\.uni\slake\articles.e3 11 Ehxibit "A" transferred and delivered to the City after satisfaction or 4111 provision for satisfaction of debts and claims. INCORPORATORS 1111 f:\files\=ani\slake\articlee.e3 12 Eh$lblt "A" S 14, -)11 THE STATE OF TEXAS § S § 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 SNotary Name Typed or Printed My Commission Expires: 4111 f:\files\.ani\slake\articles.e3 13 Ehxibit "A" la -11 • SORDINANCE NO. 560 AN ORDINANCE LEVYING SALES AND USE TAX AT THE RATE OF ONE-HALF OF ONE PERCENT FOR THE BENEFIT OF THE SOUTHLAKE 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 1111 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 1111 f:\files\muni\elake\ordinanc\tax(10-27-93) 7e - 1 4111 city secretary has been directed to send a copy of that resolution 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 SOUTHLAKE, TEXAS: SECTION 1. 1111 That all action concerning the submission of the proposition to the voters of the City having been taken and the tax authorized 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. 11/1 f:\filee\muni\slake\ordinanc\tax(10-27-93) ia. SECTION 2 . ® the Tax shall be computed, administered, collected and That p , 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 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, 1994 , which is the first day the tax may be imposed after complying with the requirements of the Act and the Tax Code. ® f:\files\muni\slake\ordinanc\tax(10-27-93) PASSED AND APPROVED ON FIRST READING ON THIS DAY OFIII , 1993. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1993. MAYOR - 'ATTEST: CITY SECRETARY 1111 APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: IIIn\files\muni\slake\ordinanc\tax(10-27-93) - iR ORDINANCE NO. 598 • 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 SOUTHLAKE, 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 sixteen (16) 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 committee activities . A quorum shall consist of six (6) 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 shall be 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 eight (8) members for one (1) year and eight (8) members for two (2) years : All of the members of the committee shall be selected according to neighborhoods as indicated by the neighborhood map attached as exhibit "A. " Each member shall reside within the neighborhood he/she is to represent . • 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 . 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':soy...:.;}::.i'':'::•.};y.,:.......:...,i"::\^i?i:: 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 Page 2 B:SPIN-ORD/ORD&RES/kb within the neighborhood he/she was appointed to represent as defined in the neighborhood map attached as exhibit "A" , or 2) fails to attend three (3) 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. Page 3 B:SPIN-ORD/ORD&RES/kb 761-3 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. PASSED AND APPROVED on the 1st reading the day of , .1993 . MAYO 0, A, AT CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1993 . MAYOR ATTES IORLAIFI CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: If ADOPTED: EFFECTIVE: Page 4 B:SPIN-ORD/ORD&RES/kb EXHIBIT B 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 Page 1 B iSPIN.ART/ORDfRNS/kb d - �L/ continue to reside within the neighborhood he or she is appointed 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 Page 2 BISYIN.ART/OROGRBS/kb Staff on a annual basis . The date, time, place and agenda for such 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/ORD6RBS/kb / �_ 8 City of Southlake,Texas MEMORANDUM1111 November 12 , 1993 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting November 16, 1993 1 . Agenda Item No. 4 . City Manager' s Report, contains the Departmental reports . Let me or the Directors know if you have any questions . 2 . Agenda Item No. 5A. Off-Site Drainage Easement. for Princeton Park, is being dedicated as a separate instrument . The easement will be located within a future phase of Timber Lake, but the plat will not be recorded until a later date. Staff recommends City Council accept the dedication of the easement . 3 . Agenda Item No. 5B. Requests permission to advertise for the reconstruction of South Kimball Avenue from F.M. 1709 south for approximately 300 feet . This is being done in conjunction with the proposed realignment of Short Avenue discussed with City Council October 19 . (See the attached sketch excerpted from Bob Whitehead' s October 14 memo included in the October 19th Council meeting packet . ) We anticipate being able to accomplish the realignment without getting into the Undesignated Fund Balance . We will not be able to give an exact recommendation until the bids are received. Once received, the bids will be brought to City Council for permission to award the bid and at that time the recommendation for funding will be included. OL___ 4 . Agenda Item No. 5C. Interlocal Agreement with the City of Keller, will transfer water utility services from Keller to Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 12 , 1993 • Page 2 the City of Southlake for nine (9) customers . The customers are all in the City of Southlake, but had been on the Keller water system prior to annexation by the City of Southlake . The widening of F.M. 1938 required the relocation of the City of Keller water line. Rather than spend the money to relocate the line, the City of Keller will agree to release the nine (9) customers to Southlake, and Southlake will agree to serve them. The actual change occurred a number of months ago. The agreement is necessary because Keller has had a CCN in the area prior to Southlake' s annexation. There remains approximately 240 Southlake accounts on the Keller water system. These will require a separate agreement, but Keller will want compensation before releasing these customers . At • this time, we are not seeking release of the additional customers . 5 . Agenda Item No. 5D. Award of Bid for Portable Building to be located at City Hall, will if approved authorize the purchase of the addition to City Hall approved initially in the FY93-94 Annual Budget . Note that the bid is considerably lower than our budget estimate, therefore, we recommend the bid be awarded even though only one bid was received. 6 . Agenda Item No. 7A. Ordinance No. 597, 2nd Reading, Southlake Parks Development Corporation. This item was tabled last meeting to give City Council time to seek applicants for the initial board appointments . . Note the memo from Sandra Legrand, City Secretary, and the applications included in your packet . • Concerning the possible appointments of members of- the Park and Recreation Board to the Parks Development Corporation Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 12, 1993 1111 Page 3 Board, we will recommend amending the Park Use Policy to remove the potential conflict we discussed last meeting. 7 . Agenda Item No. 7C. Ordinance No. 599 , 2nd Reading, will authorize the levy of the sales and use tax approved by the voters November 2 , 1993 . 8 . Agenda Item No. 7D. Ordinance No. 598 , 2nd Reading, establishing the Southlake Program for the Involvement of Neighborhoods (SPIN) . The ordinance in your packet was inadvertently stamped "draft" but it is the final version. The map included as Exhibit A of the ordinance places the neighborhood boundaries along tract lines or roadways, however, it is basically the same map presented during the 1111 City Council retreat last June. We have received considerable interest in the program. We anticipate being able to have the program underway by the end of January, 1994 . We are currently working on a data base utilizing T.A.D. information that will be of considerable assistance .' Staff will discuss in greater detail Tuesday night . 9 . Agenda Item No. 7E. Ordinance No. 586, 2nd Reading, will approve the issuance of certificates of obligation for the purchase of Park land. Note in the memo from Lou Ann Heath, Director of Finance, that closing on the property will be after January 1, 1994 . 10 . Agenda Item No. 8A. Resolution No. 93-64 (ZA 93-83) Specific Use Permit for equestrian uses . The applicants have been S operating the arena for a number of months in- apparent violation of the zoning ordinance . (The most flagrant incident involved an estimated 35-40 horses and 45-50 people, • e r t Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 12 , 1993 11/1 Page 4 with an actual count of 30 trucks and 26- trailers . ) They have been cited 6 separate times . They have pled not guilty. Yesterday the pre-trial hearing was held. They have requested a jury trial . Trial is set for December. Note the comments from the surrounding property owners . Note also the letter in your packet from Karen Gandy to the applicant dated December 2 , 1992 . The letter made it clear that use of an equestrian center or rodeo ground would require a Specific Use Permit . 11 . Agenda Item No. 8B . Ordinance No. 480-98 . 1st Reading (ZA93- 82) . Rezoning of property at Northeast corner of East Continental Blvd. and South White Chapel Blvd. Note this deals with property we discussed in executive session last ® Council meeting. It appears the issues have been resolved between the property owners . 12 . Agenda Item No. 8C. ZA 93-92 , is the preliminary plat of the item for which zoning was requested in Item 8B above. Note the staff comments and the Plat Review Summary. 13 . Agenda Item No . 8D through 8H are zoning action items covered in the staff agenda packet memos . Note particularly on Agenda Item 8D, the proposed road on the west boundary of the property. The applicant does not own the entire property where the road is proposed, thus creating special issues which staff will discuss in executive session under land acquisition/advice of attorney exemptions to the Open Meetings Act . 41/0 14 . Agenda Item No. 10A. and 10B . are Developer' s Agreements for Princeton Park and the Dominion. The staff memos in your y A • • A. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 12 , 1993 Page 5 11/1 packet highlight the items distinctive to the individual agreements . 15 . Agenda Item No. 10C. Sewer Service Letter Agreement between the City of Southlake and William Dalton, if approved will provide sewer service to the southeast corner of F.M. 1709 and South Carroll Avenue . Note the agreement provides for oversizing and a pro-rata reimbursement . OTHER ITEMS OF INTEREST 16 . I apologize for the lack of detail on some of the agenda comments above. We have had several key staff absent for much of the week due to illness and vacation (R&R) , plus an unusual number of unanticipated interruptions . 1111 FYI , note the attached article concerning the FCC extension of the cable rate freeze. Also, FYI , the owners of Southlake Fuels have requested a meeting with staff concerning their request to replace the destroyed or damaged fuel tanks . We will discuss with City Council in the appropriate forum. • CEH/kb City of Southlake, Texas MEMORANDUM November 12 , 1993 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance 586 - Issuance of Certificate of Obligations for Park Land Ordinance 586 is presented for second reading by the City Council to formally approve the issuance of Certificates of Obligation for the purchase of park land. The closing date for the issuance is scheduled for after January 1, at which time the City will close on the property, and exchange the Certificates for a warranty deed. The required Notice of Intent to issue Certificates of Obligation has been published. Please place Ordinance 586, issuance of Certificates of Obligations for park land, on the November 16 agenda for second reading. AU,0 /1-e„"4 LAH prk1d932 T - v1110 . r: • ORDINANCE NO. c)-Xp AN ORDINANCE authorizing the issuance of "CITY OF SOUTHLAKE, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1993" ; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. WHEREAS, notice of the City Council's intention to issue certificates of obligation in the maximum principal amount of $320, 000 for the purpose of paying contractual obligations- to be incurred for the acquisition of land for municipal purposes, including, but not limited to, parks and recreational facilities, has been duly published in on , 1993 and , 1993 , the date of the first publication of such notice being not less than fifteen (15) days prior to November 16, 1993 , the date stated therein for the second reading and final passage of this Ordinance; and 1110 WHEREAS, no petition, bearing the valid petition signatures of 5% or more of the qualified electors of the City, protesting the issuance of the certificates of obligation described in the aforesaid notice, has been presented to or filed with the City Secretary on or prior to the date of the passage of this Ordinance; and WHEREAS, the Council hereby finds and determines that all of the certificates of obligation described in such notice should be issued at this time and such certificates are to be delivered to the owner of the land to be acquired in exchange for the title to such land; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $320, 000, to be designated and bear the title "CITY OF SOUTHLAKE, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1993" (hereinafter referred to as the "Certificates") , for the purpose of paying contractual obligations to be incurred for the acquisition of land 41/0 0123796 Y '1 1 for municipal purposes, including, but not limited to, parks and IIII recreational facilities, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A. , Local Government Code, Subchapter C of Chapter 271, as amended. SECTION 2 : Fully Registered Obligations - Authorized Denominations-Stated Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated October 1, 1993 (the "Certificate Date") and shall be in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on August 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate 1994 $ 60, 000 % 1995 60, 000 % 1996 65, 000 % 1997 65, 000 % 1998 70, 000 % The Certificates shall bear interest on the unpaid principal III amount from the date of their delivery to the initial owner (which date shall be the registration date noted on the Initial Certificates in the "Registration Certificate of Paying Agent/Registrar" to appear thereon) at the per annum rate shown above in this Section (computed on the basis of a 360-day year of twelve 30-day months) . Interest on the Certificates shall be payable semiannually on February 15 and August 15 in each year, commencing August 15, 1994. SECTION 3 : Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity or redemption shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. Interest on each definitive Certificate shall accrue from the latest interest payment date that interest thereon has been paid that precedes the registration date appearing on such Certificate 0123796 III -2- 1 f • in the "Registration Certificate of Paying Agent/Registrar" (Section 8D hereof) , unless the registration date appearing thereon is an interest payment date for which interest is being paid, in which case interest on such Certificate shall accrue from the registration date thereon and provided further that interest on such definitive Certificates having a registration date prior to the first interest payment date shall accrue from the date of delivery of the Certificates to the initial owners thereof. The selection and appointment of Texas Commerce Trust Company, National Association to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, exchange and transfer of the Certificates (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, all as provided herein, in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement" , substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are hereby authorized to execute and deliver such Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the 4111 duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its principal offices in Dallas, Texas (the "Designated Payment/Transfer Office") . Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not III 0123796 -3 ti , IIIIsuch a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4 : Non-Redeemable. The Certificates shall not be subject to redemption prior to maturity at the option of the City. SECTION 5: Registration - Transfer - Exchange of Certi- ficates - Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each registered owner of the Certificates issued under and pursuant to the provisions of this Ordinance. Any 1110 Certificate may, in accordance with its terms and the terms hereof, be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Certificate at the Designated Payment/Transfer Office of the Paying Agent/Registrar, one or more new Certificates shall be registered and issued to the assignee or transferee of the previous Holder; such Certificates to be in authorized denominations, of like Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and for like aggregate principal amount, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Certificates are surrendered 0 0123796 -4- 7 a - 1--- , 1111 for exchange, the Paying Agent/Registrar shall register and deliver Certificates, executed on behalf of and furnished by the City, to the Holder requesting the exchange. All Certificates issued upon any transfer or exchange of Certificates shall be delivered at the Designated Payment/Transfer Office of the Paying Agent/Registrar, or sent by United States mail, first class postage prepaid, to the Holder and, upon the delivery thereof, the same shall be valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates, " evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the Certificate or Certificates registered and delivered in the 11/1 exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any Certificate registered and delivered pursuant to Section 10 hereof in lieu of a mutilated, lost, destroyed, or stolen Certificate which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. SECTION 6 : Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to the initial owners and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of 0 0123796 -5- , I IIIregistration substantially in the form provided in Section 8C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 8D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. Notwithstanding the above and foregoing paragraph, the Initial Certificates authorized for delivery to the initial owners in Section 7 hereof shall have printed thereon both Certificates of Registration appearing in Sections 8C and 8D hereof, and both such certifications shall be required to be manually executed in connection with the initial delivery of the Initial Certificates to the initial owners and both such certificates appearing on each of the Initial Certificates, duly signed, shall be conclusive evidence that such Initial Certificates have been duly certified, registered and delivered. SECTION 7 : Initial Certificates. The Certificates herein authorized shall be initially issued as five (5) fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from 1 and upward (hereinafter called the "Initial ® Certificates") and the Initial Certificates shall be registered in the name of the initial owner or the designee thereof. The Initial Certificates shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial owner. Any time after the delivery of the Initial Certificates, the Paying Agent/Registrar, pursuant to written instructions from the initial owners, or the designee thereof, shall cancel the Initial Certificates delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial owners, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8 : Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, 11/0 0123796 -6- 1 - 1 4111 it shall bear interest from such date, or unless this Certificate is authenticated prior to August 15 , 1994 , in which case it shall bear interest from the date of its delivery, or the delivery of a Predecessor Certificate, to the initial owners) at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing August 15, 1994 . Principal of this Certificate is payable at its Stated Maturity to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date" , which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first • class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private 1111 debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $320, 000 (herein referred to as the "Certificates") for the purpose of paying contractual obligations to be incurred for the acquisition land for municipal purposes, including, but not limited to, parks and recreational facilities, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A. , Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance") . The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the nature and extent and manner of enforcement of the pledge; the terms and conditions relating to the 0 0123796 -8 , , . transfer or exchange of this Certificate; the conditions upon which 4111 the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledges, charges- and covenants made therein may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of 4111 either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of 11/1 0123796 -9- the Certificates is duly authorized by law; that all acts, 41/0 conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor 4111 City Secretary (SEAL) 0123796 S -10- 7, _ it) C. *Form of Registration Certificate of Comptroller • of Public Accounts to appear on Initial Certificate only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS' OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY. CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) D. Form of Certificate of. Paying Agent/Registrar to appear on Certificates. 4111 REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned' Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The principal offices of the Paying Agent/Registrar in Dallas, Texas, is the Designated Payment/Transfer Office for this Bond. TEXAS COMMERCE TRUST COMPANY, NATIONAL ASSOCIATION, as Paying Agent/Registrar Registration Date: By Authorized Signature *NOTE TO PRINTER: Do Not Print on Definitive Certificates • 0123796 -11- 1e — a1 E. Form of Assignment. 41/0 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee: ) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this Signature guaranteed: assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. SECTION 9: Tax Levy. To provide for the payment of the "Debt Service Requirements" of the Certificates, being (i) the IIIinterest on the Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount is the greater) , there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hundred dollars' valuation of taxable property in the City for the Debt Service Requirements of the Certificates shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Certificates while Outstanding; full allowance being made for delinquencies and costs of collection; separate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Certificates shall be kept and maintained by the City at all times while the Certificates are Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the Certificates shall be deposited to the credit of a "Special 1993 Certificate Account" (the "Interest and Sinking Fund") maintained on the records of the City and deposited in a special fund maintained at an official depository of the City's funds; and such tax hereby levied, and to be assessed and collected annually, is hereby pledged to the payment of the Certificates. S 0123796 -12- 7 , - p- v e S Proper officers of the City are hereby authorized and directed to cause to be transferred to the Paying Agent/ Registrar for the Certificates, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the ' Certificates as the same accrues or matures; such transfers of funds to be made in such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on or before each principal and interest payment date for the Certificates. Provided, however, in regard to the payments to become due on the Certificates on August 15, 1994, sufficient current funds will be available and are hereby appropriated to make such payments; and proper officials of the City are hereby authorized and directed to transfer and deposit to the credit of the Interest and Sinking Fund, such current funds which will be sufficient to pay the amount of the payments due on the Certificates on August 15, 1994. SECTION 10: Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying S Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or . theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. 11/0 0123796 -13- i SECTION ii: Satisfaction of Obligation of City. If the 4111 City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof. The City covenants that no deposit of moneys or Government Securities will be made 4111 under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of four (4) years after the Stated Maturity of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. 0 0123796 -14- , , The term "Government Securities" , as used herein, means direct IIIobligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, which are non-callable prior to the respective Stated Maturities of the Certificates and may be United States Treasury Obligations such as the State and Local Government Series and may be in book-entry form. SECTION 12 : Ordinance a Contract -Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City while any Certificates remain Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the 1110 principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. The term "Outstanding" when used in this Ordinance with respect to Certificates means , as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates deemed to be duly paid by the City in accordance with the provisions of Section 11 hereof; and (3) those mutilated, destroyed, lost, or stolen Certificates which have been replaced with Certificates registered and delivered in lieu thereof as provided in Section 10 hereof. 4111 0123796 -15 SECTION 14 : Covenants to Maintain Tax-Exempt Status. 410 (a) Definitions. When used in this Section 14 , the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1. 148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1. 148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1. 148-1(c) of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1. 148-1 (b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148 (b) of the Code, in which Gross Proceeds of the Certificates are invested and 1111 which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount" has the meaning set forth in Section 1. 148-1 (b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of . (1) any Investment has the meaning set forth in Section 1. 148-5 of the Regulations; and (2) the Certificates has the meaning set forth in Section 1. 148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any S 0123796 -16- , , ® other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates (including property financed with Gross Proceeds of the Refunded Obligations) , and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable III to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, •department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded Obligations) , other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or 0123796 -17- lie —l7 i 4111 local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested) , if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby) , whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149 (b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed IIIwithin the meaning of section 149 (b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149 (e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148 (f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for 0 0123796 -18- le -1S each receipt and expenditure of Gross Proceeds and the 4111 obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148 (f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1. 148-3 (e) (2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other 4111 Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148 (f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148 (f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3) , and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error) , including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1. 148-3 (h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and 0123796 • -19- ® rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. (j ) Elections. The City hereby directs and authorizes the City Manager and Finance Director, either or any combination of them, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 15: Delivery of Certificates in Exchange for Title to Land. The Certificates are to be issued to W. Ralph Evans and Linda S. Evans in exchange for and delivery of a General Warranty Deed conveying unto the City fee simple title to that certain tract of land consisting of 15. 49 acres, more or less, out of the survey, Abstract No. , Tarrant County, Texas. Furthermore, upon receipt of the General Warranty Deed from the Evans, the Mayor and City Manager are hereby authorized and directed to execute and deliver to the City a Quit Claim Deed 4110 conveying title to such property to the City. SECTION 16: Qualified Tax Exempt Obligations. That in accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Certificates to be "qualified tax exempt obligations" in that the Certificates are not "private activity bonds" as defined in the Code and the reasonably anticipated amount of "qualified tax exempt obligations" to be issued by the City (including all subordinate entities of the City) for the calendar year 1993 will not exceed $10, 000, 000. SECTION 17 : Official Statement. The Official Statement prepared in the initial offering and sale of the Certificates by the City, together with all addendas, supplements and amendments thereto issued on behalf of the City, is hereby approved as to form and content, and the City Council hereby finds that the information and data contained in said Official Statement pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. 0 0123796 -20- 1 SECTION 18 : Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, and shall take and have charge and control of the Initial Certificates pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and their delivery to the initial owners. • Furthermore, the Mayor, City Secretary, City Manager and Finance Director, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the .. Certificates as may be necessary for the approval of the Attorney General, registration by the Comptroller of Public Accounts and delivery of the Certificates to the initial owners and, together with the City's financial advisor, bond counsel and the Paying Agent/ Registrar, make the necessary arrangements for the delivery of the Initial Certificates to the to the owners. • SECTION 19 : Notices to Holders-Waiver. Wherever this" Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next 4111 preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice . is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 20: Cancellation. All Certificates surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying ® 0123796 -21- { 0 Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 21: Legal Opinion. The obligation of the initial owners of the Certificates to accept delivery. of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P. , Attorneys, Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of the initial delivery of the Certificates. SECTION 22 : CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. . SECTION 23 : Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be 4111 and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 24 : Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 25: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 26: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 27 : Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to, include the other genders. • 0123796 -22- I SECTION 28 : Severability.® If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares 'that this Ordinance would have been enacted without such invalid provision. SECTION 29: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A. , Government Code, Chapter 551. SECTION 30: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of a4option shown below. PASSED ON FIRST READING, October 19, 1993 . • PASSED ON SECOND READING AND ADOPTED, this November 16, 1993 . CITY OF SOUTHLAKE, TEXAS SMayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: City Attorney 0 0123796 -23- 0 PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of November 16, 1993 (this "Agreement") , by and between the City of Southlake, Texas (the "Issuer") , and Texas Commerce Trust Company, National Association, a banking association duly organized and existing under the laws of the United States of America, (the "Bank") . RECITALS WHEREAS, the Issuer has duly authorized and provided for the execution and delivery of its "City of Southlake, Texas, Certificates of Obligation, Series 1993" (the "Securities") , dated October 1, 1993 , such Securities to be issued in fully registered form only as to the payment of principal and interest thereon; and WHEREAS, the Securities are scheduled to be delivered to the initial purchasers thereof on or about December 14 , 1993 ; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and S WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1. 01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities, and, as Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any) , and interest on the Securities as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Bond Resolution" (hereinafter defined) . The Issuer hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to 11/1 0123864 0 the transfer and exchange thereof as provided herein and in the "Bond Resolution" . The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. Section 1. 02 . Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel) . ARTICLE TWO DEFINITIONS IIISection 2 . 01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Security means the date on and after which the principal or any. or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the principal office of the Bank as indicated on page 11 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Bond Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. 410 0123864 I Je. -.49ZC -2- E..'.-.°:BIT A "Holder" and "Security Holder" each means the Person in 4110 whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor, City Secretary, Finance Director or City Manager, any one or more of said officials, and delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. "Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4 . 06 hereof and the Resolution) . "Redemption Date" when used with respect to any Security ® to be redeemed means the date fixed for such redemption pursuant to the terms of the Bond Resolution. "Responsible Officer" when used with respect to the Bank means the Chairman or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities. 0123864 le -- 3 "Stated Maturity" means the date specified in the Bond 0 Resolution the principal of a Security is scheduled to be due and payable. Section 2 . 02 . Other Definitions. The terms "Bank, " "Issuer, " and "Securities (Security) " have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3 . 01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the 1111 Securities (or their Predecessor Securities) on the Record Date. All payments of principal and/or interest on the Securities to the registered owners shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the fiduciary account provided in Section 5. 05 hereof, sent by United States mail, first class, postage prepaid, to the address appearing on the Security Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3 . 02 . Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities at the dates specified in the Bond Resolution. ARTICLE FOUR REGISTRAR Section 4 . 01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and el 0123864 1/Z, r" 7 -4- . , , . ® containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re-registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized III agent, in form and manner satisfactory to the Paying Agent/Registrar. Section 4 . 02. Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other governments or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4 . 03 . Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. 0 0123864 A r -5- ® The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4 . 04 . List of Security Holders.' The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of `a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. Section 4 . 05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. IIISection 4 . 06. Mutilated, Destroyed, Lost or Stolen Securi- ties. The Issuer hereby instructs the Bank, subject to the provisions of Section 10 of the Bond Resolution, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed lost or stolen Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. 0 0123864 le. - a 1 Section 4 . 07 . Transaction Information to Issuer. The Bank 410 will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3 . 01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4 . 01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4 . 06. ARTICLE FIVE THE BANK Section 5. 01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5. 02 . Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank 4111 to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer. 0123864 (e) The Bank may consult with counsel, and the written 41/0 advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5. 03 . Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. . Section 5. 04 . May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5. 05. Moneys Held by Bank - Fiduciary Account/ Collateralization. A fiduciary account shall at all times be kept 4110 and maintained by the Bank for the receipt, safekeeping and disbursement of moneys received from the Issuer hereunder for the payment of the Securities, and money deposited to the credit of such account until paid to the Holders of the Securities shall be continuously collateralized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for fiduciary accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such fiduciary account shall be made by check drawn on such fiduciary account unless the owner of such Securities shall, at its own expense and risk, request such other' medium of payment. The Bank shall be under no liability for interest on any money received by it hereunder. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the principal, premium (if any) , or interest on any Security and remaining unclaimed for four years after final maturity of the Security has become due and payable will be paid by the Bank to the Issuer, and the Holder of such Security shall thereafter look 0123864 110 -8- 7e, -31 only to the Issuer for payment thereof, and all liability of the 4111 Bank with respect to such moneys shall thereupon cease. Section 5 . 06 . Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5. 07 . Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6. 03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. Section 5. 08 . DT Services. It is hereby represented and warranted that, in the event the Securities are otherwise 4111 qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements" , effective August 1, 1987., which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6. 01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6. 02 . Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6. 03 . Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or 0123864 Ask -9- d. 2' P 4111 permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on page 11. Section 6. 04 . Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6. 05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6. 06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6. 07 . Benefits of Agreement. Nothing herein, express or implied, shall give' to . any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6. 08. Entire Agreement. This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution, the Bond Resolution shall govern. 11/1 Section 6 . 09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6. 10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof) , together with other pertinent books and records relating 11/0 0123864 -10- i l't s 4110 to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1. 02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Section 6. 11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. TEXAS COMMERCE TRUST COMPANY, NATIONAL ASSOCIATION BY . Title: [SEAL] Attest: Mailing Address: Title: Debt Administration Division 4111 P. 0. Box 2320 Dallas, Texas 75221-2320 Delivery Address: Debt Administration Division 1201 Elm Street, 30th Floor Dallas, Texas 75201 CITY OF SOUTHLAKE, TEXAS BY Mayor (CITY SEAL) Address: 667 N. Carroll Avenue Attest: Southlake, Texas 76092 City Secretary 0 0123864 -11- City of South lake,Texas MEMORANDUM November 8, 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 REQUESTED ACTION: Specific Use Permit for equestrian uses (private arena) per Ordinance No. 480, Section 45 . 1 (18) on property zoned "AG", being legally described as 4 . 034 acres situated in the O.W. Knight Survey, Abstract 899, Tracts 8A and 8A2 . MAJOR ISSUES: Code Enforcement is currently working a complaint regarding the equestrian use on this property. In 2ecember, 1992, Mr. Barnett requested permission to build exterior lighting around the arena for his personal nighttime riding. In the months following the placement of the lighting, the use evolved into team roping several nights per week. Attached is my letter to Mr. Barnett establishing the limits of the equestrian uses; the applicants' letter describing their current equestrian activities; and the applicants' letter from their Attorney dated November 11, 1993. Also, attached is an activity report for this property recorded by the City' s P:D. on August 30, 1993 , along with the six responses in opposition from surrounding property owners. LOCATION: 790 S . Carroll Ave. OWNER/APPLICANT: Tom and Eiette Barnett CURRENT ZONING: "AG" Agricultural LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Seven (7;. RESPONSES: Six written responses : * Zena Rucker, 650 S. Carroll Avenue, opposed due to no parking, no bathrooms, and the bright lights and noise are disturbing the peace. * William W. Rucker, 650 S. Carroll Avenue, opposed due to noise late at night, litter blowing cn his property, no adequate parking, and the bright lights. * Paul 1. Schell, 620 S. Carroll Avenue, opposed to the request due to the heavy dust and stench from the 20 to 30 head of cattle which aggravates his alute bronchitis and emphysema . . . increased traffic, noise from P.A. System and bright lights. * Bill and Cheryl Pond, 920 S. Carroll Avenue, opposed due to the dust, lights, traffic and activity hours sometime after midnicht. * Susan E. Evans, President of Timarron Land Corp. , opposed due tc noncompatibility with the surrounding single family homes, the twenty foot lights, dust and P.A. system. Ms. Evans requested that the P&Z require :he owner to remove the existing lights and P.A. system. * Marvin R. Kercho, 115 Riviera Dr. , San Antonio, Tx. , opposed to this type of usage due to it doesn't fit in with a community of quality homes. 8f}-1 City of Southlake,Texas P & Z ACTION: October 21, 1993; Approved (7-0) to deny. (3rd motion-see minutes for first two motions) COUNCIL ACTION: November 2, 1993; Approved (7-0) applicant's request to table and to continue the public hearing until November 16, 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 third Plat Review Summary dated November 12,1993 . KPG/gj C:\WPF\MEMO\CASES\93-83.SUP .._,___ .._,______ ...aiiik City of Southiake 71E S«:uth a • December 2, 1992 Tom Barnett Mayor: 790 S. Carroll Avenue GaryFickes Southlake, Texas 76092 Mayor Pro Tern: Jerry Farrier Re: Lighting Permit for Nighttime Horseback Council members: Riding Barry K.Emerson W.Ralph Evans Dear Mr. Barnett: Stephen W.Apple Sr. Jon Michael Franks In response to your request for a building permit for Andrew L.Wambsganss an electric meter base and eight ( 8) lights . for the City Manager: purpose of lighting your pasture for nighttime Curtis E.Hawk horseback riding, I would like to establish the intent of such a request. The City' s zoning ordinance City Secretary:SandraL.LeGrand provides that „equestrian riding stables, tack rooms, show rings and rodeo grounds either private or when operated as a business" be allowed only in the "AG" Agricultural or "I-2" Light Industrial zoning districts with a Specific Use Permit. S Per a telephone conversation with you earlier today, you assured me that the purpose of such lighting was for your own personal riding pleasure and was in no way intended for any of the equestrian uses listed above. You stated that the pole height would be approximately twenty-two (22 ' ) feet and that the light fixtures would be directed to shine only on your property. You further stated that you had spoken to your neighbors and that they had no objections to the lighted riding area. Furthermore, the plot plan submitted with your permit application did not indicate any existing stables, corrals, or arenas on the property, nor have you requested permits for any such structures . For these reasons, I am inclined to permit the placement of the eight (8) lights for your personal riding pleasure per any additional requirements of the Uniform Building Code and the City' s Building Official . Please understand that -any equestrian use established beyond the scope of this permit will be considered a violation of the City' s zoning ordinance and would require a Specific Use Permit. III 667 North Carrot g A-3 Southlake, Texas 76092 (817) 481• .X (817) 481-0036 'AN EQUAL OPPORTUNITY EMPLOYER' Tom Barnett Lighting Permit December 2 , 1992 Page Two Should you have questions regarding the above, please call me at ( 817 ) 481-5581, extension 743 . Sincerely, CITY OF SOUTHLAKE Karen P. Gandy Zoning Administrator 8 19- 9 1993 : : I September 29 , 1993 Karen Gandy City of Southlake Southlake, Texas 76092 Dear Karen: Thank you in advance for processing our request for a Specific Use Permit at 790 and 800 South Carroll Avenue . We have an arena on our property and are simply wanting to use it for practicing purposes . We usually practice on Monday and Thursday evenings from 7 : 00p .m. to 10 : 00p .m. , although some weeks the nights of the week we practice may vary depending on unforeseen circumstances . Only friends are invited over to rope and usually it is no more than 4 or 5 people besides my family . It is not a rodeo or competition. We just would like to be able to have our friends over to rope . Normally there is no more than 4 or 5 trailers , besides our own, and parking is not a problem. Our friends drive through our driveway and park on our property behind our garage. Even though we feel it is not the City' s place to tell us how many friends we can have over , we are complying with your request to file for a Specific Use Permit . We do not want to operate stables , an equestrian center , or have rodeos on our property. In very simple term` , we are requesting this permit to be allowed to have our personal friends over to participate in our hobby which happens to be ..eam roping . Sincerely, 40441 -a--- Diette Barnett rr.:u;•i twUIrILHCt 1)' 446 fr tel and Bag ;soy St4a. roe tics i -. dq.. ,rd �YSr^sJIQ- 6Stn 10414 a, r.-a! W2_ o r November 10, 1098 VIA FAcsnisua AND NEST CLASS MAIL o $.s. Karen P. Gandy n Nov 1 11993 Zoning Administrator t• r � �,i` . � ^. pity of$autT�ladt+e • t61 North Carroll Avenue Soake, 'ems?S FAX (Sri) 481-00813 Case No.7,6.- . sandy: am writing concerning the T Perna requested by Tom and Netts Bow-Z%ett girder to cones with 4xilinence No* 480, �n 45.1(18) of the Oity of SoutlAs. I wiudd first ble to note that the Barnette did. o'er-` ► spaiequesting a as they do not believe t the fealties on ter propellor need for tvain-roping rodeo• d s. . . within the mining of the off. deCided to apply for a Special Use Permit in ardor to facilitate a good relationship betweenn their neighbors,the City ofSoothlake, and Specifically,the Barnette sweat that the following restrictions be made past of any Spedal Use Permit granted by the Oity of i o tt t1ek 1 Ueda on the Otte' property used for lightingthe pasture some be turned off by 10:00 p.m. an.week nights and 12`00 pan. on weekend 2. Light free on the Banned' property used to light the pastime area. stiall be resented so that each light ibtture is pointed toward the pasture exec. u. No=le then ten(1O)horses and steer will be kept pernmentJy on the Barnette'prop . 8-6- • • • • 6 I I 16_1 11 • • • Mah Karen P. Gittaxtv NtweithwiO i3 !Piwe Two 4. The Barnett Raab,fiutcluzling viziters,may Me the encloseeipasture area atiLlrf th3260 witbnut notiog to or approval from the City of Sonthlake go long as their usa of the area conmlies with the restrictions sat farth in this letter. 5. Ti-roplog activities which include vidtare °attn.& of the irourisdiata Barnett family shell be allowed two (2) evenings during the work week. The terra'evenings'is defined in this paragraph as the periedbeginniog at 7:00 pm. and.ending at MOO pan. Tes3n-roping activities which include visitors outside a the iinmediate BisaMett hantlY Rita be allowed on weekdays until 7:00 pm. and on • weekends until 1200 p.m. without prior notice to or approval from the City of Southlake so long as the team-roping activities comply with the restrictions set forth in this letter. The Barnette aro willing to abide by these restrictions to foster a good ' elationship with the City and witb their neighbor . Ream submit this Letter to the irmonnol to ist considered with the Barnett's application for Specc Use Permit. Thank you for your help in this=atter. Ve17, tidy Yours* ,rt • • Nr4/4,`L 0,11' Brum Li. Mansfield • Mr. & Mrs. Fs:Arnett. • • gA-7 .."1- City of South lake,Texas � / A � � � � August 30, 1993 TO: Director Malcolm Jackson FROM: Sergeant Rhonda Moore SUBJECT: 600 South Carroll _____________________________________________________________________ Regarding the riding arena at 600 South Carroll , our shi ' : was unable to check the area until quite late in the shift on the f : 'st night ,. The following is a report of the findings. -.4;' 27� 1P33 0100 h/ a . . . 7-8 pickup trucks pulling horse trailec = 2 pickup trucks without trailers 1 passenger car pw�^ ' 0200 hrs . . . 4-5 pickup trucks pulling horse trailer �: These were being loaded up at the time. Saturday, Auqust 28, 1993 No activity this date. Sunday, ApquAt 29�- 1&E-43' No activity this date. Mc,nday._ Al�lust' 3{L� 1��3' 2000 Vs . — 4-5 pickup trucks with horse t' ailers. 2300 hrs ' , . 1-2 pickup trucks with horse trailers. ` u// " PIZt 41*- ' a'' City of Southlake,Texas • • v ' • ^. Director Jackson 600 South Carroll t IS-3i j-93 page 2 • . • „ While sitting on South Carroll cibservinc vehicles, a w/m identifying himself as Ron I3ooden drove onto Carroll and asked if I was watching the arena. I only advised him that I ,--__ new to the shift and didn' t remember there being an arena on Carr-ol _ . C'ir . Gcic'den was quite pleasant , stating that the - T__.-.. Ropers arena is �1��_: for HIC lawn r�.;t r.=�,�_ ASSOC ,. run by Tom and Deanette Barnett (481-6140) . He furthered that the group pays $50. per month club dues and ropes there on Mon, Wed, Fri , Sat and Sun evenings. He invited me to contact !Barnett if interested in joining the club, adding that they had a bar-b-que pit and a bar set up down at the arena. He ended the cc In--.'ersat ion by inviting me to talk tc' Deanette, who was at the arena nc'w. While speaking saw all subjects p!:_�tE.ing to Mr . I�ciclden, I th: - �. 1 the in the riding 'I arena had ceased their activity and were watching my contact . Because of the obvious attention my marked unit had drawn , I drove down to the gate and waited to see if anyone would approach me. Within minutes Mrs. Deanette Barnett approachedteC t ifshe as only e', a and s�t: J Inc:!' was _n ln. -:ini::! ID few friends river for roping practice, asked "Zena" was complaining. I informed her that I was not working a complaint-. , but Twas new to the night shift and Was unfamiliar- with her arena. Ms. Barnett relaxed and invited me to crime and watch for a few minutes. Wh:il'e speaking to her , his. Barnett tole .ile that she would not be holding any more roping competitions uree: 1 she worked out some permit issues with the city. She furthered that she received a ticket last Friday'-1 1- C_ _• Thought I._ was .• 1 i::�;::.`,• from 1=�ffl Eddie 1 1=� Wilson!1 n and initially i �let i_�h't• I r!a._ there to cite In`'j'' tonight . Nis. Barnett said she knew she ,gas in violation Friday but L 1_I J�t•e lJ to i take a citation instead of f car: :e 1 dozens of f ropers that were scheduled to compete. She stated that _:ntil she gets the permit :issue corrected, she is only "having some friends over " for roping practice. I I did not make inquiry as to the roping club, club fees, etc . ;As I had nn't initially intended to contact these people. Thus I did not want the contact t1=1 seem like an " investigat ,on. " RL.M/r c iij 1111 Sf -9 • �1\I The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE N0_ : ZA 93-83 I am (in favor of) 6pposed to,l) (undecided about) the request for th followingreasoa-n t ' p �7 SIGNATURE : // ADDRESS : 2• The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO . : ZA 93-83 or a �- t) the request I am �� - _-af) (opposed to) (un -= for the following reas : • t,11 ( y T, tD V9 4 L_-/-}. s o .44 , r SIGNATURE: ADDRESS : C,CG S Cf9 yl}7oI L 8P -10 • The following form may be filled out and mailed to the City of • Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-83 ' I am (i.rs-.L.A ) (opposed to) (.,.,El e44 �) the request for the following reasons :c 2" w re I /�-r.,d/ SL.&3 t e r �,'-&-£ �..c N.r ,', . g- �D n y S e �n ? / ,4c 2 r A r e A t 4.-1,. . a . T I e We V 1-^7 D ,e_ ,c t Se Y.-i ie. s C v e e D Le- P re P ..e r y A 5,..4 .s f h_J j t,` I.- Ir 0 [4 u /t/1.7 /-/'r2 I t-k_ .Tti.c,« cl T� se• tr-e`e --'A/o cis e /trt 4. s P. A. ys-be-N,- gry4. Lvr G../kg 1A-1,s vQLt,-,4,4 SIGNATURE: -r''^ D k m w ''ti d a w n T.'l 1 V e v r La �T Xi< Al r' A - 7 t o il r arm; 5-t- e-'1-'A F" �-• % Z. o 7. .2 a Ate. c/ Of_ Ca & (e_ Zit e7 OCT 1 4 1993 I.<,e e p /�.-m.e. AM Co ; S w� s h) A y • ea v a,�,.s 04. M7 /ca / t-�. Cav►.d -1, o P1�e-ase DE.Ny . L IL, i L _ iri-pp1.' ev.F.`a -,.,_ z14 cl3 -3 3 (1°ot-,,a 02.. ,e.e._q, . Qo S . Cireo 11 ve . Se'l- --t-r2_ IC 'e, i A 74 o 9' Z 8 /7- 4 6 ) - 3 4 S 4 0 c.-t. , 1 3� 1 7 ? 3 pI .- - ...� 4zonin .', Co ,i � sz ,` a — c ; 1 y 0, ow-f-(-, 1Q r e , y OfAA7 /- -eaPt4,- Co lei d : t- ,` e '.).\ , 1 CP ..,,,o &-- .t.. 7L e dcrt . a.)) /9 9 3 Pu 61,, E /Itar ,`M.-r. f.eaSe P rC -ep -I. T in.is s A/ot--,t-ce p f. m p p o s G ,ti X n... Cot e IA.- CO f 1147 P� 2,s o 1,e4 At-t- e,-.. .1,,' . .5 ,` "in-(-e r e /y REFERENCE NO . ! 7_.A. 93-R-1 I am ) (opposed to) ( ) the request ..or the fo lowing rea h c. 't �c1 `Dp_e - zt s i �U t (R-N. Of-• NI . t-ec 1 k V\ s i Ct. . 4—Ct=krc ;. a. \_ - N J-ke r-,..) p-11- N.)--t Pc ry,e__ C>..331\,\Q_c--- In q KVS --t7-, Frf--\--x al,,k 'e,A c) L - 3*. I�� f � 7,GT `�"� Tr-W. L `-> t�t� bP_P t�1 U - 7 SIGNATURE: .• �5) F> G Z_ c� . Ei- e C/tVf '-1Yrt'<_,, ADDRESS : Cr_0 n,�-(k ( T T Z7 to {---- (,; V-'I-K t.4--�9._ V. leC-14� . C 3 U c� C I 0�.� b l -z ti A. t ;��---- Qt 4'V A r\ k S cl.LA i V t - h oL s ( :\� i v P_4 0A- '-f ,M j i U c k e- ti• t.r\. ; C�� 1N v rS l I the following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . /0 �y REFERENCE NO. : ZA 9 3-8 3 _l _ / 1 I am (opposed to) a o the request for the following reasons : ///L A.-e.c._ Ve ;g7 e-,- A ---4—z,—; , g ,. ,....., ::,-,-- /....,„.„. r_..e- teLLR.. .4,,,_d 4 icy_ /tail `'rlirl.cc4, f—,A.,.....&. , ��O' CP/J SIGNATURE: /_ C „e-L-. ADDRESS : l(✓� I e 4-11- (I.L-6-1 .3 o'L- 7g.)--i Mn nr !7 , chi Dr,„ .. .Kc: _ 0C c ,_ ( 993 - LJUT�Li Li � U 300 East C::u j.ri,irr freeway Suite 1425 living,Texas 75062 214-791-3333 1'xa 214.541-MOO Via Facsimile 44,efr. T I M A R RO N October 21, 1993 Ms. Karen Gandy City of Southiake 667 N. Carroll Southlake, Texas 76092 Dear Ma. Gandy: I am writing to oppose ZA 93-83 (an application for a specific Use Permit for the use of a private arena at 790 S. Carroll Ave.). We believe a private arena with its approximately twenty foot lights and public address system is not a compatible use next to single family homes. Glaring lights at night, loud noises from the public address system and dust will cause considerable annoyances and complaints to the City from families living in the homes next to the arena. We respectfully request the Planning and Zoning Commission deny a Specific Use Permit for a private arena and require the owner to remove the existing lights and public address system at 790 S. Carroll Avenue. Sincerely, Lt1140,v\ertaAPG' Susan E. Evans President SEE/dkp cc: Mayor, Gary Fickes a Mobil Land mru :iy 8lq-13 '°I L ' N�IIn11t 4 - O�OLL �-'° r • r I.W1111111W1•tr4i:1 ofq ♦ I a 14 /` 0 SCYOOL ' t i' '"' •� �r4.� I Mk 4 1 a r��04,1 ICI F IOU 1A e,:•' Cf 111.11:74 la a VS �R/,,, toALa. W.W. MALL u,Al ,,`R w t I-A I- q RICH RD EADS I » sa _ I f r� �yi• �sr I 1 �w :. _i F P l_lorittr�Ik. •!' do THO;AS M HAN 4 ; J WO I f`_. u a :2 Yid /SITA 11111).7 005 ' bl'AC x \a -1' , - 17,. .81 4 i r m i 1 i -via i y f IL. POI I 5)—(9117". 3 k, 1 >A KZavA I , 1 ■ �� I .A �__ NORTHVlEST PKWY a.ST yy, ,,i,,•,41. d , .111 MI IC le Di —31 7 1 mA pstt, a�dA< II.Q ul fe un.anaAa us. I -Ai%killiwr OA ill ' 1 . : Ain .f- ii a. I S EnK4 - lelA w i K . 1A I C 1 a-, let r Gq. . si I�J - IAI 11 ' — I xfl-d, aura w 1A+ w 1 111 Y - 7 - . / I 1 vat • ra7C . a r A a rav as. JObGy A FRA M RIE Pd1Ar� 41'0. • 11 • I,AIti�A++ ' `� sberS a1 I f -Y— /A AA I ' I «•� a 173 1 „mA,S ,•. K iI c ••r. •I + ; J.W. MALE II W . I I ..... ` � AweRR f III ,...I:7_ y • m I A I �� Or I I c e m l illjrr- CI ■ , 1M 11� A u,i u Z! 7 mi.d I '''-4 1.44 I 0 II . lir .., .11 , , ri.-- 5-- all Tiss- • ... i.� I •Zell .0 �7.0 1 ail l till. I 7 ir_ _ III ``'1 MHAv.money A- c TRACT LOCATION MAP oe..: •/` In 1 ,O i7 a f}�a •-1ea mA ,j` of b RRISON DECKER 1 i amp Xt 71�� " �1 art•.r A-as 1 * C ;. ��..••w••••-• ran , lir .- ' . • ue i I PI w 51 . '4 ' r Nil i. Till gtos..c 7 pf�°��ru.._ �ION ' NICE. DAVENPORT i Aar., "" 0 w\ 4 I n �° —1 TR 4F 12.88 AC i TR 3E . 1 C. — Si . • ,° TR 4C n\(� Q A & 4.0 AC i7 ALe. \ • °'° Z �SU803 \ • TR 1A3 A TA 48 35.0 AC W. W. ROCKER. JR. F. , 4.0 AC 7 TR°4A �^ I s 2.0.11C PAUL L SCHELL Y 1 . d inR a.n Baer Z ( • 5R BAS °b I s } 5.0 AC t J ROCKER FAMILY LTD PARTNERSHIP TA BAJA 1.0 AC `—• • 640 C:k9 T 8A2 /4/1.9/8 TR SA3C f/ MARVIN KERCHOO �A Q35.0 AC 3(�j� ne TA A 'ro FAD 8•• R B 8 N BEAR CREEK COMMUNmES INC._ 0 ACT TR 6A II-1 B. POND. JR. 4 8,0 @ 4.0 AC PuQ TR6A1 1.0 AC43 O °10 o „o TR 6F TR 60 r. LE ADJACENT OWNERS & ZONING . J . !AO 803 1H 6C 1H 6d 1.0 AC 47 19.37 AC (U TR 683 TR 6F1 .27 @ 1 2.81 @ `�° I TR 1A 1TR 682 \ 43.01 AC • TA 8C TR 88 I •30 @ 4.895 AC g 1.94 0 86 F E TR 661 a ,, I 92 AC City of Southlake, Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 93-83 REVIEW NO: THREE DATE OF REVIEW: 11/12/93 PROJECT NAME : Concept Plan of a S .U. P. for Equestrian Use, 4 . 034 acres situated in the O.W. Knight Survey, Abstract No. 899, Tracts 8A & 8A2 OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Tommy G. & Rebecca Barnett Thomas L. Thompson, R. P.L.S . 790 Sough Carroll Avenue 1400 W. Euless Blvd. , Suite 102 Southlake, Texas 76092 Euless, Texas 76040 PHONE : (817) 481-6140 PHONE : (817) 267-9269 FAX: FAX: (817) 571-7959 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 11/08/93 AND WE OFFER THE FOLLOWING STIPULATIONS . IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817) 481-5581, EXT. 743 . 1 . Change the title block to read "Concept Plan for S.U.P. Zoning Request . " cc : Tommy & Rebecca Barnett Thomas L. Thompson, R. P.L.S . r HT- /y mop ,n.,.4. ..B.r._..r_..o .:.'."., !, .sI g . 00 .- ,_,. 1. 11• tiie i \ ... -+� � o0 O ai. 7)1.4 ii.v., g ft `� ... -.f' ._ P.O.B.0/ UI sass. 'sail (?2 LONGFO.D CIRCLE '' \' ' _ 4/ r::w:w••rso:~ ...._......, I ,sass lnry. -uro . = I CONCEPT PLAN FOR S.U.P. ZONING REQUEST f BEING A 4.034 ACRE TRACT IN THE O. W. KNIGHT SURVEY, A-899 Iva, 1".450' TRACTS 6A AND BA2. SOUTHLAKE, TARRANT COUNTY, TEXAS LY ,t �.. TYrW .-• I^1.1 This plot is filed in Cabinet---_—, S/'da Doted CITY COUNCIL • SOUTHLAKE, TEXAS .........war--- aroma. This Is to certify that 1. THOMAS L THOMPSON. a Registered THOMAS L THOMPSON Prof...tonal Land Surveyor of the State of Texas. having REGISTERED PROFESSIONAL PLANNING AND ZONING plotted me oboe •abawl.lon from on actual • n the r LAND SURVEYOR SO UTH LAK E, TEXAS around: and that all corners, angle point., and survey of +`p•�+:f�+rMU curve moll be properly marked the ground, and that • 7�1 • 1400 W. Euless Boulevard e. lhi• Plat correctly epre•enle that survey 'node by ms or esWs�toem Suite 102 ��;_, Under fry direction o supervision. 43.... ^��—• Euless, Ts 76040 ((617)) Z67-9269 •s~'� 1 Thomae L m n,p•On Oar sv (017) 571-7959 fox T•xoe R•gitrotlon Data: October 24. 1993 Na. t2J7 C.02.--) RESOLUTION NO. 93-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR EQUESTRIAN USES (PRIVATE ARENA) FOR THE LOCATION DESCRIBED AS 4 . 034 ACRES SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT 899 , TRACTS 8A AND 8A2 AND MORE COMMONLY KNOWN AS 790 SOUTH CARROLL AVENUE; AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" ; CURRENT ZONING IS "AG" AGRICULTURAL ; PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for Equestrian uses (private arena) has been requested by a person or corporation having a proprietary interest in the property described in Exhibit "A" attached hereto; and, WHEREAS, in accordance with the requirements of Section 45 . 1 (18) of the City' s Comprehensive Zoning Ordinance No . 480, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1 A Specific Use Permit is hereby granted for Equestrian uses (private arena) on the property described in Exhibit "A" attached hereto, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit : 1 . 2 . • 3 . 4 . 5 . S�-l8 Resolution No. 93-64 Page 2 SECTION 2 This resolution shall become effective on the date of approval by the City Council . PASSED AND APPROVED THIS THE DAY OF , 1993 . CITY OF SOUTHLAKE By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas • C:\WPF\RES-ORD\93-64.SUP gR"l9 ^ EXHIBIT "A" TRACT OF t1i • IN THE 0. W. KNIGHT SURVEY, A-899 TARRANT COUNTY, TEXAS The following described tract or parcel of land land situated in the O.W. Knight Survey, A-899, Tarrant Clot+., Texas and being the same tracts as recorded as Tract Cne and Tract Two on Page 2320 of Vbl uae 9657 in the Tarrant County Deed Records and being more particularly described as foliOws: BEGINNING in the centerline of South Carroll Avenue and being by deed the Southeast corner of a tract as conveyed to Pearl William by deed recorded on Page 499 of Vblie 1911 in the Tarrant County Deed Records and being North a distance .of 475 varas from the Southeast corner of said O.W. Knight Survey, THENCE S 89° 39' 35" W a distance of 659.82 feet to a found yellow capped iron rod at the Norte corner of a 4.0 acre tract as recorded on Page 1174 of Vbluue 9798 in the Tarrant County Deed Records; THENCE S 89° 59' 36" W a distance of 542.19 feet to a set 5/8 inch iron rod; THENCE North a distance of 146.0 feet to a set 5/8 inch iron rod; THENCE. N 89c 52' E a distance of 1200.73 feet to the centerline of said south Carroll Avenue; THENCE S 0° 30' E along the centerline of said South Carroll Avenue a distance of 144.82 feet to place of beginning, containing 4.034 acres or 175,728 square feet of land. Sfax City of Southlake,Texas MEMORANDUM November 8, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-82 Rezoning of 8.726 Acres REQUESTED ACTION: Rezoning request for 8 .726 acres, being situated in the Hiram Granberry Survey, Abstract No. 581, Tracts 5A, 5A1, 5E, and a portion of 5. LOCATION: N.E. Corner of Continental Blvd. and White Chapel Rd. APPLICANT: Ralph Vargo Williams CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family-lA Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Eight (8) RESPONSES: One written response in opposition: * Gary Hargett, 1225 S. White Chapel Blvd. (see attached response. ) P & Z ACTION: November 4, 1993; Apuroved (6-0) . STAFF COMMENTS: The applicant proposes to subdivide the requested property into eight, one acre lots, build a home for himself and then sell the rest. KPG/gj c:\wpf\memo\cases\93-82.Z gB- I . '• ft OCT ' 91993CITY OF SOUTHLAKE } • NOTICE TO INTERESTED PROPERTY OWNERS Li U tu.,�� U U u REFERENCE NO. : ZA 93-82 Dear Property Owner: An application for an amendment to the Zoning Ordinance and Map has been filed with the City Planning and Zoning Commission. The application is for the property described as: 8 .726 acres being • situated in the Hiram Granberry Survey, Abstract No. 581, Tracts 5A, 5A1, 5E, and a portion of 5 . Located on the N.E. corner of Continental Blvd. and White Chapel Rd. ai The applicant of the property is Ralph Vargo Williams . The .current zoning is . "AG" Agricultural; the requested zoning is "SF-IA" Single Family Residential District. ., . A public hearing will be held by the City Planning and Zoning Commission on Thursday, October_21, 1993 at 7:30 p.m. in the City Council Chambers at City Hall. At this -time, you may submit your views on the matter in person, by writing, or by representative. If you know of any interested property owner who for any reason has not received a copy of this. letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. . Very truly yours, Planning and Zoning Commission • .City of Southlake, Texas (CUT HERE) ' The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-82 I am (in favor of) (opposed to) ' (undecided about) the recuest for the following reasons : -- . Please address 4 define the city regulations on the following: 1 . the removal of a fence between two adjacent properties- `dr . William' s development plans include removal of the fence that divides our properties . The fence has been in place appx. 10 years and varies from being on the lire to appx. 3 inches on his property. I am o:Dosed to the--t.ence removal because I have Doberman Pinschers & I do not want anyone bit or my dogs running loose . 2 . the natural surface drainage on both our properties is from east to west and north to_ south, consequently, the surface drainage our proper=v receives from the n rth drains through Mr. Williams property. Any instaleion of a cont ' nous concrete foundation to support a brick wall will create a blocka e or diversion of the natural flow of surface drainage. Your assistance is resol ing these two matters will be appreciated. SIGNATURE - A 7' (1,9',/04 ADDRESS //,)- S S . GV/7i7t C.-h,/i' ` 2(.1_6 • CITY OF SOUTHLAKE rririllirill • NOTICE TO INTERESTED PROPERTY OWNERS D REFERENCE NO. : ZA 9 3-8 2 N O V 21993 Dear Property Owner: L � L An application for an amendment to the Zoning Ordinance and Map has been filed with the City Planning and Zoning Commission. The application is for the property described as: .3 .726 acres being pituated in the _Hiram Granberry Survey, Abstract No. 581, Tracts 5A, 5A1. 5E, and a uortion of 5. Located on the LE. corner of Continental Blvd. and White Chapel Rd. The applicant of the property is Ralph Vargo Williams . The current zoning is . "AG" Agricultural: the requested zoning is "SF-IA" Single Family Residential District. • • A public hearing will be held by the City Planning and Zoning Commission on Thursday, October 21. 1993. at 7:30 A.M. in the City Council Chambers at City Hall. At this time, you may submit your views on the matter in person, by writing, or by representative. If you know of any interested property owner who for any reason has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake,. Texas (CUT HERE) • The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 9 -82 I am (in favor of)((opposed tom (undecided about) the request for the following r =- - PLEASE SEE ATTACHED LETTER TO MR. GREGORY D. LAST DATED NOVEMBER 2 , 1993 SIGNATURE: / ! t`" 7" ADDRESS: f/p“. S.• 'CIA.51E C1 p/ /?( '• D • g8 Gary Hargett 4100 E. Loop 820 S. Ft. Worth, Tx. 76119 November 2 , 1993 Mr. Gregory D. Last Community Development Director City of Southlake 667 North Carroll Ave. Southlake, Tx. 76092 RE: Tract 4 & 5, The Glory Place Addition Dear Mr. Last: Further to our meeting October 14 , 1993 . Since this conference with Mr. Tom Elgin and you, I have followed all suggestions and avenues of resolve on this re-plat matter. Unfortunately, at this time Mr. Gilchrist has no interest in either selling me Tract 5A or curing his re-plat deficiency. A copy of my 11-1-93 letter to Gilchrist is attached. A chronology of my research is as follows: 1) 4-27-82, Southlake approved a re-plat of the entire 13 . 745 acre Tract 5 2) 2-4-83, Ely and Gilchrist sub-divided both Tract 4 and Tract 5 - Vol 7446, page 699 & Vol 7446 page 693 dividing Tract 5 into 5 & 5A. No re-plat was approved by Southlake, the subdivisions were achieved by Courthouse warranty filings . 3 ) Ely moved a frame house onto Tract 5 , with a city permit issued and utility connections in Dec. 1983 . 4 ) Both Ely & Gilchrist had barns built and' utilities provided on their respective properties in the fall of 1984 . 5) Timarron Land Corporation incorporated Tract 1R & 2R into their Highlands subdivision with a city approved re-plat 2-18-92 . In the past 10 years the city has had 5 occasions to examine any plat deficiencies that existed in The Glory Place Addition - which originally consisted of 5 lots until the 2-4-83 subdivision, then 6 total lots . page 2 Gregory Last It is my understanding the city intends to allcw Tract 4 to be correctly re-platted as a part of the ZA 93-82 re-plat (William' s property) . My position on this is as follows - The 2-4-83 subdivision between Ely and Gilchrist simultaneously of Tract 5, 5A & 4 created the plat problems. Any re-plat of Tract 4 without the inclusion of Tract 5A could only be a discrimatory action against- Tract 5 . Especially since Mr. Gilchrist has his property listed in MLS as a full 8 acre tract - copy of MLS listing attached . As we have discussed earlier, my sole purpose is to be able to build a home and landscaping that will be an asset to Southlake . I have never desired to have an adversary relationship; however, bear in mind my original purpose in purchasing Tract 5 was to build a homestead on the property. Prior to purchase in January, 1992_, I called the city to inquire about requirements and was told the only thing I had to do was possibly re-plat. Nothing was ever mentioned about plat deficiencies, nor would I be required to re-plat someone else ' s property as well as mine until after I submitted a .re-plat for Tract 5 on September 27 , 1993 . I remain willing to do anything you desire to get approval. After my 11-1-93 letter, I doubt that I will have any cooperation from Mr. Gilchrist. However, the city has the authority to demand re-platting, levy fines and take the problem property by condemnation and sell at public auction as a last course of resolve. I respectfully request the city to enforce State and City law - Article II -- General Platting - Section 2 . 01 as our best course of resolve. This method will allow the City to cure all the plat deficiencies at the same time. Any re-plat approval that does not include all 3 properties will only be a half measure approach. In summary, this mess was created by Ely & Gilchrist at the same • time. I am willing to defer my building plans until the City exercises it ' s authority to require Lot 4 , 5 & 5A to be correctly platted. But, one should not be penalized while the others are allowed to move forward. The only fair resolve is to allow all of -.is to go forward together by correcting past mistakes jointly. Sincerely, Gary Hargett cc: Mr. Tom Elgin Mr. John Lively - Attorney Attachments : 11-1-93 letter to Gilchrist Gilchrist MLS listing on Tract 4 & 5A NOVEMBER 1, 1993 Mr. William S. Gilchrist 160 E. Continental Blvd. Southlake, Texas 76092-9435 re: Lot 5 A, The Glory Place Addition Dear Mr. Gilchrist: Re-capping our two recent conversations about the re-plat deficiencies on lot 5 A: 1. October 14 , 1993 I called to inform you the City of Southlake could not locate an approved re-plat for Lot 5 & Lot 5 A, and asked that you call me when you found your copy. We ended our conversation with my offering to purchase Lot 5 A from you at a fair market value. 2. When you failed to contact me, I called you a second time on October 21, 1993 to see if you had found an approved re-plat. You told me you did not have time to talk about it at thatilcoul you call me back on this. I suggested your walking to the back fence the next afternoon about 6:00 p.m. , I would be there worki and I would gladly share approximately 1 1/2 days research on tk matter. We ended our conversation by my informing you that .the re-plat on both peices of Mr. Ely' s properties and yours had a simple solution. It has now been approximately 2 1/2 weeks since my initial contact with you on this matter and you continue to ignore the problem. Therefore, I am taking this opportunity to provide you a copy of Article II, General PLATTING, Section 2.01, Division of Property. You111may want to consult your attorney, but, my understanding is that yc areoviolation of the state and city law and the city can demand that yc re-plat your property, failure to do so will result in fines levied against you until the city deems the amount sufficient to take the property by condemnation and sell at publitauction. Since you have bee: so uncooperative , at the city meetings I will ask them for assistance in resolving this issue. My phone numbers are 457-8080 or 577-0626. Sincerely, • oe,•47 (LL4 '1V Delivered via Federal Express Courier Gary Hargett #2083M 2274534275 CC: 1st class mail 88 CC: Mr. Gregory. D. Last-City of S..,.,...�...,e f, I IK ` lAID M. 1ai: ,d _- m r IN 14 vr ' ; 0 1 . .l \` id O a W � �s A of cs° ';,'�L. Mtl 11 MI wn ��INIMMRPOPP. : I x.se ��^ u �llG.l IK7 ,K - 10 I,■ O111 ,1'/ .-- i .11.Illitt 11111111411 7'4 ,12'LL ow ,,,,,-gulr .., ••61.., .... 4,0 ..... Idila/R,Maji .4?-Est guff i_ ii.af, . * s. � I 'noun '.-,.. i fillaFr ' •.. .■ 111 m* rio! -F � .,;a�� ► :'j r■C� �I � ��_°v . � r porp 15 ie 1 •41,4114‘4111011 E111111111101.1.01 .1111FINam_.‘ MUNK — ,'%rtitViit:44-511110-1-RA - ut ' .IIIII1 /111•11M i imiiii, '..„loom pi 1 , i -L• ,..„,L-.i . .!•••••: . 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It \----1 COMMON GREEN 3 • I ) . .... .,, , '• r / ' 3C /4"--....... 6 BR:.on ADJACENT OWNERS & ZONING 338 @ 7. ,,, , • ../ -.. ;'s•-• 7 ,., '''111 COC° i ....0 f. 4 f. 3 E 2 s 1 1. :2 i. 2 • / , 0 •,.• BENT TRAIL. OR 119 6 \-.... I /i M ... CITY OF S• , TEXAS ' P ANCE NO. 480-98 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE . COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 8 . 726 ACRE TRACT OF LAND OUT OF THE HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, TRACTS 5A, 5A1, 5E, AND A PORTION OF 5, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT SUBJECT TO TEE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECT NG THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF I HE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MO" 'S AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMEiTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULAT VE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVI GS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPEI ; AND PROVIDING AN EFFECTIVE DATE. • a .uthlake, Texas ' - ome rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City' s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be cranted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sizes; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation cf signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements cf this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking C:/ORD/ZONING/480.98 O 8 .,9 Page 1 Q areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of SouthLake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract. or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That Ordinance No. 480, the Comprehensive Zoning , Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in :he hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 8 . 726 acre tract of land out of the Hiram Granberry Survey, Abstract No. 581, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "SF-lA" Single Family Residential District . . C:/ORD/ZONING/480.98 g 8'/C Page 2 Section 2 . That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas . All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving- the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2 , 000 . 00) for each offense . Each day that a violation is permitted to exist shall constitute a separate offense . Section 8 . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final C:/ORD/ZONING/480.98 Page 3 U r disposition by the courts . Section 9 . The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. Section 10 . This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1s_ 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: C:/ORD/ZONING/4i0.98 g 8-r; Page 4 EXHIBIT "A" Being a tract of land situated in the HIRAM GRANBERRY SURVEY, Abstract No. 581, Tarrant County, Texas, and being that certain tract conveyed to Ralph V. Williams and wife, Sherri E. Williams by deed recorded in Volume 11201, Page 2016, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found, said rod being the Northwest corner of Tract No. 4, The Glory Place, an Addition to the City of Southlake , Tarrant County, Texas as recorded in Volume 388-145, Page 85, Plat Records, Tarrant County , Texas ; THENCE along the west line of said Tract No. 4 , South 00 degrees 11 minutes 44 seconds West, a distance of 500 . 18 feet to a 1/2 inch rod found in the north line of Continental Boulevard, (County Rd. 3099) , a variable width right-of-way, said iron rod being - the Southeast corner of the tract herein described; THENCE along the north line of said Continental Boulevard, South 89 degrees 54 minutes 34 seconds West, a distance of 583 . 02 feet to a 1/2 inch iron found for the Southwest corner of the tract herein described; Thence North 00 degrees 27 minutes 00 seconds East , a distance of 653.73 feet to a 1/2 inch iron rod found for the Northwest corner of the tract herein described, said iron rod being on the east line of White Chapel Road, (County Rd. 3016) , a variable width right-of-way; THENCE North 89 degrees 55 minutes 51 seconds East , a distance of 580. 30 feet to a 1/2 inch iron rod found for the Northwest corner of the tract herein described; THENCE South 00 degrees 15 minutes 53 seconds West, a distance of 153. 32 feet to the POINT OF BEGINNING and containing 8 . 726 Acres of land'. C:/ORD/ZONING/480.98 Page 5 City of Southlake,Texas MEMORANDUM November 8, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-92 Preliminary Plat of Adams Addition REQUESTED ACTION: Preliminary Plat of Adams Addition, being 8.726 acres situated in the Hiram Granberry Survey, Abstract No. 581, Tracts 5A, 5A1, 5E, and a portion of Tract 5. The owner proposes subdividing the property into seven (7) one-acre lots, one for himself and six for resale. LOCATION: Northeast corner of East Continental Blvd. and South White Chapel Blvd. OWNER: Ralph Vargo Williams AGENT: Warren E. Hagan, Inc. CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family-lA Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Eight (8) RESPONSES: One written response in opposition: * Gary Hargett, 1125 s. White Chapel Blvd. (see attached response) P & Z ACTION: November 4, 1993; Approved (6-0) subject to the Revised Plat Review letter dated November 3, 1993 contingent on the rezoning and replatting of the property to the East. STAFF COMMENTS: The applicant has met all the review comments first Revised Play Review Summary dated November 3, 1993 with the exception of :hose items addressed in the attached second Plat Review Summary dated November 12, 1993 . KPG/gj c:\wpf\memo\cases\CC93-92.PP . ., _ ; �_ OCT N91993 1 . . 1 CITY OF SOUTHLAKE ;7 j NOTICE TO INTERESTED PROPERTY OWNERS j 91 . 1._ U U b U REFERENCE NO. : ZA 93-82 • Dear Property Owner: An application for an amendment to the Zoning Ordinance and Map has been filed with the City Planning and Zoning Commission. The application is for the property described as: 8 .726 acres beincr situated in the Hiram Granberry Survey, Abstract No. 581, Tracts 5A, 5A1, 5E, and a portion of 5. Located on the N.E. corner of Continental Blvd. and White Chapel Rd. ;j The applicant of the property is Ralph Vargo Williams . The current zoning is . "AG" Agricultural: the requested zoning is "SF-1A" Single Family p.esidential District. F. . A public hearing .will be held by the City Planning and Zoning Commission on Thursday, October_21. 1993 at 7:30 p.m. in the City Council Chambers at City Hall. At this time, you may subthit your views on the matter in person, by writing, or by representative. If you know of any interested property owner who for any reason has not received a copy of this. letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. . Very truly yours, Planning and Zoning Commission City of Southlake, Texas • . (CUT HERE) The following form may be filled out and mailed to the City of _ Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-82 I am (in favor of) . (opposed to) '(undecided about) the request for the following reasons: . _ • - Please address 4 define the city regulations on the following: 1 . the removal of a fence between two adjacent properties- Mr. William' s • development plans include removal of the fence that divides our properties . The fence has been in place appx. 10 years and varies from being on the fine to appx. 3 inches on his property. I am opposed to the' fence removal because I have Doberman Pinschers & I do not want anyonebit or my dogs running loose. 2 . the natural surface drainage on both our properties is from east to west and north to south, consequently, the surface drainage our property receives from the h rth drains through Mr. Williams property. Any insta].±ion of a cont ' nous concrete foundation to support a brick wall will create a blocka e or diversion of the natural flow of surface drainage . ' Your assistance is resol ing these two matters will be appreciated. SIGNATURE -,.:Z / & /(7 C%^-, • ADDRESS /1,)- 5 S . Gbh; le_ e� A ( E(t)� CITY OF SOUTHLAKE 1?Aril NOTICE TO INTERESTED PROPERTY OWNERS D REFERENCE NO. : ZA p3-82 NOV 21 ~ Dear Property Owner: � LI An application for an amendment to the Zoning Ordinance and Map has been filed with the City Planning and Zoning Commission. The application is for the property described as: 8 .726 acres being situated in the Hiram Granberry Survey. Abstract No. 581, Tracts 5A. 5A1. 5E. and a portion of 5 . Located on the N.E. corner of Continental Blvd. and White Chapel Rd. The applicant of the property is Ralph Vargo Williams . The current zoning is "AG" Agricultural; the requested zoning is "SF-1A" Single Family $esidential District . A public hearing will be held by the City Planning and Zoning Commission on Thursday. October_21. 1993 at 7:30 p.m. in the City Council Chambers at City Hall. At this time, you may submit your views on the matter in person, by writing, or by representative. If you know of any interested property owner who for any reason has not received a copy of this letter., it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake, Texas (CUT HERE) The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO. : ZA 93-82 I am (in favor of) (opposed to) (undecided about) the request for the following r' PLEASE SEE ATTACHED LETTER TO MR. GREGORY D. LAST DATED NOVEMBER 2 , 1993 SIGNATURE: ADDRESS: //e> S s. a//i .3/d (' ►p " /?Ct/G Gary Hargett 4100 E. Loop 820 S. Ft. Worth, Tx. 76119 November 2, 1993 Mr. Gregory D. Last Community Development Director City of Southlake 667 North Carroll Ave. Southlake, Tx. 76092 RE: Tract 4 & 5, The Glory Place Addition Dear Mr. Last: Further to our meeting October 14, 1993 . Since this conference with Mr. Tom Elgin and you, I have followed all suggestions and avenues of resolve on this re-plat matter. Unfortunately, at this time Mr. Gilchrist has no interest in either selling me Tract 5A or curing his re-plat deficiency. A copy of my 11-1-93 letter to Gilchrist is attached. A chronology of my research is as follows: 1) 4-27-82, Southlake approved a re-plat of the entire 13. 745 acre Tract 5 2) 2-4-83, Ely and Gilchrist sub-divided both Tract 4 and Tract 5 - Vol 7446, page 699 & Vol 7446 page 693 dividing Tract 5 into 5 & 5A. No re-plat was approved by Southlake, the subdivisions were achieved by Courthouse warranty filings . 3 ) Ely moved a frame house onto Tract 5 , with a city permit issued and utility connections in Dec. 1983 . 4 ) Both Ely & Gilchrist had barns built and utilities provided on their respective properties in the fall of 1984 . 5) Timarron Land Corporation incorporated Tract 1R & 2R into their Highlands subdivision with a city approved re-plat 2-18-92 . In the past 10 years the city has had 5 occasions to examine any plat deficiencies that existed in The Glory Place Addition - which originally consisted of 5 lots until the 2-4-83 subdivision, then 6 total lots. page 2 , Gregory Last It is my understanding the city intends to allow Tract 4 to be correctly re-platted as a part of the ZA 93-82 re-plat (William' s property) . My position on this is as follows - The 2-4-83 subdivision between Ely and Gilchrist simultaneously of Tract 5 , 5A & 4 created the plat problems . Any re-plat of Tract 4 without the inclusion of Tract 5A could only be a discrimatory action against Tract 5 . Especially since Mr. Gilchrist has his property listed in MLS as a full 8 acre tract - copy of MLS listing attached. As we have discussed earlier, my sole purpose is to be able to build a home and landscaping that will be an asset to Southlake. I have never desired to have an adversary relationship; however, bear in mind my original purpose in purchasing Tract 5 was to build a homestead on the property. Prior to purchase in January, 1992_, I called the city to inquire about requirements and was told the only thing I had to do was possibly re-plat. Nothing was ever mentioned about plat deficiencies , nor would I be required to re-plat someone else' s property as well as mine until after I submitted a- re-plat for Tract 5 on September 27 , 1993 . I remain willing to do anything you desire to get approval. After my 11-1-93 letter, I doubt that I will have any cooperation from Mr. Gilchrist. However, the city has the authority to demand re-platting, levy fines and take the problem property by condemnation and sell at public auction as a last course of resolve. I respectfully request the city to enforce State and City law - Article II -- General Platting - Section 2 . 01 as our best- course of resolve. This method will allow the City to cure all the plat deficiencies at the same time. Any re-plat approval that does not include all 3 properties will only be a half measure approach. In summary, this mess was created by Ely & Gilchrist at the same - time. I am willing to defer my building plans until the City exercises it ' s authority to require Lot 4, 5 & 5A to be correctly platted. But, one should not be penalized while the others are allowed to move forward. The only fair resolve is to allow all of us to go forward together by correcting past mistakes jointly. Sincerely, ..A7 7 109 Gary Hargett cc: Mr. Tom Elgin Mr. John Lively - Attorney Attachments : 11-1-93 letter to Gilchrist Gilchrist MLS listing on Tract 4 & 5A SC-5 NOVEMBER 1, 1993 Mr. William S. Gilchrist 160 E. Continental Blvd. Southlake, Texas 76092-9435 re: Lot 5 A, The Glory Place Addition Dear Mr. Gilchrist: Re-capping our two recent conversations about the re-plat deficiencies on lot 5 A: 1 . October 14 , 1993 I called to inform you the City of Southlake could not locate an approved re-plat for Lot 5 & Lot 5 A, and asked that you call me when you found your copy. We ended our conversation with my offering to purchase Lot 5 A from you at a fair market value. 2 . When you failed to contact me, I called you a second time on October 21, 1993 to see if you had found an approved re-plat. You told me you did not have time to talk about it at that1icou] you call me back on this. I suggested your walking to the back fence the next afternoon about 6:00 p.m. , I would be there worki and I would gladly share approximately 1 1/2 days research on tY matter. We ended our conversation by my informing you that the re-plat on both peices of Mr. Ely' s properties and yours had a simple solution. It has now been approximately 2 1/2 weeks since my initial contact with you on this matter and you continue to ignore the problem, Therefore, I am taking this opportunity to provide you a copy of Article II, General PLATTING, Section 2.01, Division of Property. You m ay want to consult your attorney, but, my understanding is that yc are4violation of the state and city law and the city can demand that yc re-plat your property, failure to do so will result in fines levied against you until the city deems the amount sufficient to take the property by condemnation and sell at public auction. Since you have bee: so uncooperative , at the city meetings I will ask them for assistance in resolving this issue. My phone numbers are 457-8080 or 577-0626. Sincerely, C"a*I1 ZL4IPI° Delivered via Federal Express Courier Gary .Hargett #2083M 2274534275 CC: 1st class mail CC: Mr. Gregory- D. Last-City of Southlake a' `� oRuv SIC 'K 4 1 .. Ida 1■�' 1 =— .I R' ` x. d „LAI maL1 g0 GO �.R lam✓ i 1 U 9 w un — �."■.■. ''�i: t NI Rail J MC= ® a -- - ,• " I'■■i■re,;', 1 n.w U'Y l WAN 'ro 11.1111- `!■ 1 impfrag - Ilpffirnealk. r _�•�.. Uri` %t1 ►A dunk ' �� +. _ r Ittlit��Aell FAITH -"T --—--, C ' re 'ilia//�a�EI 11:17111:15 �%ft III► • Spr -�Limj �� 4111- _ •�,l ir .4;16•;:?AdliatiVAIII VAIIIIIIIKII...1111 ituatilPRO . mOili � wrill rffAlmail .4hjek4111111.1m21111: pa 1 - min�- .. . lii i $i11 _ omigrowal . tilu rime-11 WANWI I sit . mi —____t____ .,_ _ ........ • ill id'MN• il t 474-0-za r mtle .-. ....it..„ at iu. 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DAVEGJP04910 f i iI T. •. l Q f7 l�' nall — 1 r0, tW / l \) Ta lc: I c� E P416 0 45.20 C TRACT a �� I?ip n� TRACT RI l'f , o � E 1 )RY -SIN^I�;E I � TR BE7ditokicA/444, �, GP V Y IMPERIAL EAGLE INVESTMENT Gknd� w I 5.61 @ M(' '24 N • SUR�81 sV.-►A ( 17 �: A' I 16 '� r,o a TRACT 19 FULMER v.s DAVTf1cnu C-gALLARD• .� 1R � E.13 k SA RL� R 5 ( TRACT .. 70 A 6 6 C6 111 ° 2R 20 Y. I I 160 I P,•1 I] I GLENRO: :• 66 :lCr ,:: q G 6r6 I e 1-•1 : 1 ;.. 1:;J 3 72to - G • „ TR4-T re E-Sr i fN T 5E TRACT ? S fCMS /i' tl -� ,^C? f0 1 SAI /7NMJ R.n I111 CUNST lJ 2 ;� 5.0/ AL ,y 'TA I \ I HIGHLAND OAKS CIR CA(1)1 G - /JJl pb�'^ H I `l ��.1 \ COMMON GREI r rn J r 1,6 - 1 `' �— 6 .. rr r6: so -- — — — — — — --cuEAR CREEK COMP;- _ — — c r•nu'r T.NEW7AL_-EILVC — — -- — — — ti.- I i.. 1r6 n6 1rr / D12342 AC 3 k 4 f 5 6 51 :' - 1.85 AC - - TR 206 _ zz6 TR 1.46� ° \ TTMgR RON'{bun f;ORP .r. WAY , Per' 5 pulp TR 204 TR 2D5 i 2.2 AC a .10 @ 4 5 \a ,_—_— /) i • - —---- T \l_ \l COMMON [PEEN 3 k` 3C � 6 eR-oa LIK CT 6 , ADJACENT OWNERS & ZONING 138 @ 4 _ e , --:,—,___I 2 /:N‘'',6. ,,, - , - * :� : o BENT TRAIL OR Ij\ • 6 1 /I / -3 eJi City of Southlake, Texas PLAT REVIEW SUMMARY CASE NO: ZA 93-92 REVIEW NO: TWO DATE OF REVIEW: /12/93 PROJECT NAME : Preliminary Plat - Adams Addition OWNER/APPLICANT: ENGINEER/SURVEYOR Ralph Williams Warren E. Hagan 9777 Wilshire Boulevard 500 Grapevine High ay Suite 710 Suite 472 Beverly Hills , CA 90212 Hurst, Texas 76054 PHONE: (310) 278-2434 PHONE: (817) 577-1952 FAX: FAX: (817) 788-9433 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/08/93 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 . Show the lot lines, lot & block numbers, and existing easements for the Timarron Phase 1, Section 2 platted property within 200' . 2 . Show the lot lines, lot numbers, existing easements, subdivision name, and plat record volume and page for the Lots 1 & 2 , H. Medlin No. 1038 Addition platted property within 200' . Label zoning as P.U.D . 3 . Eliminate the 10' D. + U.E . along the R.O.W. of White Chapel and Continental except where needed for proposed & future sanitary sewer and other utilities . 4 . Designate the "lake easement" as "private. " 5 . Combine the stipulations in the "notice" section with those in the "notes" section. * Final plat scale must be 1" = 100 ' or 1" = 50' . * This preliminary plat incorporates a portion of an unplatted tract which is prohibited by she subdivision ordinance . However, staff has received a plat on the property to the east which includes the 0 .49 acre tract and would allow contingent approval of this preliminary plat based cn that submittal . * Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent of this requirement . * Denotes Informational Comment cc : Ralph Williams Warren E. Hagan n r`K 1 7 Y w LE4!--: Av 4 o.L at 44u aoq _055 ' .'. nia •... ® CURVE DATA • • ma.'u .. .. .r ' 0.1 roof sea tn.. I•aTr aan•I•.°roar. - ....... F-I i's. NKr 's, •�rarNr Q m. .e . .al.3;'Stl. SBaM L'0 3•I]a I • I . ,- • t o •1 CVL..... '•..• .-h r] L[ALL vaa of en•Lons 6"nr..� flloOd wOhlO •3 A, .�•" I • t Idles Acme aiac of rr d;•11 prlarr wa7 / • I . ......., •r Bodo/od..oaiq yfr rod:Or Ida ma r�,i' •{ .0 ..ma tath•.eaa a.0 a moat yI t�waaot�Mra LOCATION loan U ` BLOCK Q • 1�� • r i .ic i...i�uo.nn_t I. All•rswc pfl1 �.11 o.f1.od•m+cicc. ffar 1 I mc• a a to pL.L acti.•w•��c__ Golfo•.air.. \ d • •. y "�y/fir mod aty.cr,arfelw d paa®a1 la or orbs• • t , I `\N. ��./.. LEGAL DESCRIPTION N C a • • \ 1 W I 9 a \ • • w.tor Y Ir.uraY l0 W•1•r sr•ort w•mQ • 1 l• C rotor r.Y1.M+.Omar.r+•.r Orr Uri wra • n' • .1 • \\t • \ • • `•` treas•..d w�woordY•`U•1.1./l14 mil olio.ill•l. ••w I•Iw..•I. ^�.rtll..r'r.. ^ I fl n B \ f : .P.Q.B. Orr%Orr..tr.r w w.t/.•4 arar r err w folloor or• f�.01 'I r•••ar _ lar _ _ sold rod _ ..I , j, / N. �+ irU.wa amm11, • MI for r.I.fir a.rr'rl r, w rattle.u: • \ ' • r • W foal Y WI* , rr... ••.GK. reed. reword la �• -•..•_-_.---, r �� ' • � hlm•••-1a•.fro r.ram••mid M•r sorts.hrrl ti n.a.r. xo uT at I 'A. �I ' • t�ales.W•era Iles Y tr•To*w.d.fwr w yrew wra w _ l/l t ''Gr ler ..Y n).•m..or•r•ta•r•N•.f-wr, nr•1rw a'uu• —-_ __• I ) 11 _•Brad li .. ..._ - - t.rr rr t..a.w.a r.•...Y rt.r•..t r.a......ar.dl r - -- ♦--_�_r 1•r]r')aTf S@I•- __ /Ten•CH:n.CM:"7..)...!.'1":"..111........‘'........... r_•10 3. town al w•W arra\Ilw Y•rd Owtaarart•wl wrrd.•wU L__r _1 i L n•..•...1a runes>•.�d..>t..raw..•t• .H lwa Ii. I .� 11.r , 9.... •�w.�•. lr�i t.r ew W f..awrt.w+...t W t..r i. `)n f mw..•«u w•w.w n rwaw M••owd•Yl,•waww.B "V t /� �.f.• wa.n t...•..uB t.+Ides rr t.r lw W..rar..a..a... I '•of rtar%lrL Y W trrt•rr•la errl•Y.•Yd law M lroe w ores..• +Q a•.Ia•r4 n IW H fYh regal rt. Id.•1f Y. wl•).•wrtJl•r•U W _ • ft • _� ' ; i ? -.... . b .1.! a _ mr0 '• M roOren roil ta L�ler'lrw rH!•rd wt W Naalw.a wwiwt i /_ / ,, 8 I b '}�� _ ../.. f r �: Y W er..a;.Lro rr•rlrl = I - ^(Illil I 1®0•wa\M Mam 10 rwlr m wmda.wl.•U•l•ew Y / f I ¢r T rat t..a 1.W wm v oTwl�r.wa.a.1H•nlr•.aw I 8 r la • s I 7lr!••yfr..............I..... v o • • LOLL 3r ray / : : I • IOW • • • • • • l/ n.tI•w CO • / I ` • `�' 1 • r • A PRELIMINARY PLAT r. - 1.Ilt pvltraa OUT•ETC.WT mat uo W1'. Y .•a.1�c1 w tut '1 1 .. .ta•. uI.•„•r�\ g. aro r aacn.TNq lanai LTG SrtWlm M¢nI Slick / �, °�„� I \:. _ .,� i M w K �Mr o ADAMS ADDITION ` I N. • • arl•(.o•+.•.a[co!VOX M dil. ti ` _ _ AT a 8.726 ACRE TRACT =• 1 ` --�' • tar w rest ' ` I<'' �� • iv bui' 1 HIRAM CRANBERRY SURVEY, ABSTRACT NO. 581 •• r r .. `, - _ >� I••Sa CITY Of SOUTR"GXE_--_.(.__ __ ___-.r�_,... -J -_.�____$.... i f 97'7a'77 Y - • 797.42' . _ , � ... [i_.- .._ TARRANT COUNTY. TEXAS ar � 10101.0. EAST CONTINENTAL BOULEVARD y FM rnsia.AL 7 �,[� • SUITE rIt 2 w.,J_`� r w Ha 31rNILLA fi IOd giftVOOTORI _'/ AR DM ruflr L llOar xs rv,Rrrwa ncfNolau,a ',/' _ -_-- --- _ - - - --_- - UNa a01.7111.MT.nalyd.Vr 3{/a SUNvf RNO PNO/f1110N1L9 an: dot myna arnonan Iabllc mrt•ortaa aw I••r.o.a•.•mr. .......... - -ara - ' w v-ra.•'�T v-w / /AST,i>f-<.�Rl•r, • ,ra�f 1).-1010 a -ii w / a•a•IrR OW6•oa0 rna Sa•aI IaOr'q_ v0.son R rA v •tar n,va arm tar I.MI MOW.n , �� r-a - aeon v -�.v a"'irOnQtiiKin f nt1U,Ol�i•�[Irtl li IWi •.,a .,-�, ____ W'a',9.1X W I >s(r.rcrW T tp, L m•Of llld.PRIf ,•rR I City of South lake,Texas — - MEMORANDUM November 8, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-90 Rezoning and Concept Plan REQUESTED ACTION: Rezoning and Concept Plan request for Chapel Village, being 4.399 acres situated in the Hiram Granberry Survey, Abstract 581, Tract 1C. LOCATION: Northwest corner of the intersection of South White Chapel Blvd. and West Continental Blvd. OWNERS: E-Systems, Inc. - Pool Trust; David C. McMahan, Agent. CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "C-2" Local Retail Commercial District. LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Seven (7) RESPONSES: One written response received in opposition from outside the 200' notification area. * Gary Hargett, 1125 S. White Chapel Blvd. (see attached letter) P & Z ACTION: Note: Chairman Wright stepped down on this item due to possible conflict of interest. November 4, 1993; 1st motion, to deny; withdrawn November 4, 1993; .2nd motion, Approved (5-0) subject to the Revised Plan Review letter dated November 3, 1993 and changing the zoning request to "C-1" Neighborhood Commercial District instead of "C-2" Local Retail Commercial District. STAFF COMMENTS: The applicant has met all the review comments of the first Revised Plan Review Summary dated November 3, 1993 with the exception of those items addressed in the attached second Plan Review Summary dated November 12, 1993 . (QYA KPG/gj C:\WPF\MEMO\CASES\CC93-90.Z&C E n- CITY OF SOUTHLAKE 0 ir NOTICE TO INTERESTED PROPERTY OWNERS NOV 21993 REFERENCE NO. : ZA 93-90 Dear Property Owner: An application for an amendment to the Zoning Ordinance and Map and a Concept Plan has been filed with the City Planning and Zoning Commission. The application is for the property described as: 4 .399 acres situated in the Hiram Granberry Survey, Abstract 581, Tract 1C. The property is located on the Northwest corner of the intersection of South White Chapel Blvd. and West Continental Blvd. The owner of the property is E-Systems, Inc . - Pool Trust; David C. McMahan, Agent. The current zoning is "AG" Agricultural; the requested zoning is "C-2" Local Retail Commercial District . The attached concept plan will be reviewed with the rezoning application. A public hearing will be held by the City Planning and Zoning Commission on November 4, 1993 at 7:30 p.m. in the City Council Chambers at City Hall. At this time, you may submit your views on the matter in person, by writing, or by representative. If you know of any interested property owner who for any reason has not received a copy of this letter, it would be greatly appreciated. if yourwould inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake, Texas (CUT HERE) The . following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-90 I am (in favor of) (opposed to) (undecided about) the request for the following reaouub: there is sufficient commercial zoning in Monticello to service local residents, C-2 zoning allows dog & cat hospitals (an indoor kennel that will be a continual nuisance to residences to the north, C-2 allows auto related businesses which eventuall1evolve to garages with autos in dis-repair outside- requiring continual code enforcement & eyesore SIGNATURE: by� ` 4, {1i11-- • C ADDRESS : // � S G,A Ao//t r .aa ' 1 ��III� /Mk g'IN c. 1 PT awill ,� L' , a.... iI r• 1%gul .1 I'd ..I'm"w line/ ll i.'aiY+ri ; f��418 i i� 444,41,7 :710=ISO tiii ��t � .��n�-s, �� `��I _,. • �4944,.. mo,av;,•.s p Nauman. i��►rTc t''� ��.�eit* 12040.1R4 .2414.4aErritSfitilia IOW* • 1 oil* imam mai mi01/11,‘ trvAiiiiikiiiiMiliillie A.-i. -_,tv:viA.,awrivallillilllwillininly : Eat,IZ atqA1Eirrilli m x 11111 wi•Zrivommio ii►•l, ►�.�.�: , ' >" !fit'. - w I■Mi er lA .., . .. ....mimm �i■ ,.�� liiiffin .'It_� b2 •►::'ram: r ., 4 >D OI M1 r. HIAR SCHOOL 420.4 ' -r R.J.rus. r 1 t� .g410 IN e......, =,0 dmiat,�,11 . / mitioi'e•' �'�' � 'I ... .iiiiiw. au as w w _ ,ice.***VI �� ' , M�11■ �'NW , A ' j ii'4149 ..7 ■ Nip NIIIIIIV.4 ill itr . COMEDIAN W. IIMIC '— ---- ----- - ��►� �!A��, anA �Dt��=�� I r _.Irk ... - x. RY �'► ■%► T ! !�)7D II, IICI I ,r,,■■,"wwIII P. m toil'' /'� f .J. R1vDE 1 = al . ii ,..„, 1 _RIllrI 4 El I kilo%■�■�i w © ii. ; 1♦NI El �•CMid ��7�n�'a: 1 ��E ral Ivas.:. ,,,......lioNts„, Ism.Arker ri r �N /' rr „r y�� I T • 16114.4 • it �.rti iir ��•►♦~eilli� 1_I.�_.. i HALL MEDLIN HOU J 1 01� 7111//10-INfi �PI' - Tli:r'I�Y�iim�II ,4irir toll ; O FRI \,A,I I = ,,. I11,I Ile. ♦..1\0"15, I�- ♦ II i c i 1 1 • L__ ___ t____? TRACT LOCATION MAP ° .::- i , . 1/14, ....... .,Ul." . * 0,1411%E'l P lai..ffInalt; W. i 1 �=© � '.� mi .in�I ty o I � ■ N 8D-3 r . { 5. 0i - I TRACT E !.-�• { 45.20 AC I 5A PI II) TRACT I O�`/ rli VVV 1 Gl' 66I° o INE 1 �,�Y � TR 8E7 Ni;E I i { 5.61 @ I� RPM Y � ^ N • SUR 81 1 { P I TRACT ,9p 7 1 ill TR 5A TR 5 TRACT - FULMER. V. DAVIOSON,C BALLARD 1.70 AC ,B6 AC $ ( 2R fiLY. BERNARDACT • �TR /� - TRACT nvp,�� /!RBE —.� i.{ 99 {7 5.0 AC 2.0 AC :TR t iC2 _-- i V ROACH, L J ; ,,p O _/ I�7� szz zoo y „$.o .n ,x 1•o no no no--t t) — E CONTINEauTAL.--8Lv0 — — — — sir t f Sr :p 1 hp { ro I IC ,n ,n �• TIMARP.ON LAND CORP. ` a ILLS OF MONTICELLO�/ T: o3 TR NI fiz \ '00 ,42 AC 21 185 AC A { 1 2 3 4 5 = 6 1p ..•\ 2:9 �1 .. RITZ CO, TN€ : ,� Izo TR 2D6& 1,9 j \ • • VICKSBURG�WAY u boo e1• 7V�' \ .l 7 TR 2D4 TR 2D5 \ .10 @ p 2.2 AC R N z., 1. Z t 1 2 3 90 COMMON GREEN 3 { { BR TR 10.187 @ 1 Z 9 a 203A \ { 5 I T TR 202 .35 AC B 1.49 @ �'fN, 17 RADpOCK CT \ ��pP 16 d .. ,zo z, „9 a• us �F1E 114116(114.• h 7 y 11 t 0 1; 3 a 4 1 3 2 5 1 \\ 0�' S 10 B 9= 6 { 14 15 ry; 9 ?< ADJACENT OWNERS & ZONINC=96 9 •r { a �_ 13 IWf' • Sp CQ R Ed s p, ' C8E CT 74 a 6 31 . a ,, O*�, .\ 12 � U ,4.. it . 3 2 ,, �� , f ' 979 i18 �` 15 ,� W o 9 F_ r .i I , City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 93-90 REVIEW NO: TWO DATE OF REVIEW: 11/12/93 PROJECT NAME: Rezoning & Concept Plan for C-2 Zoning Request for Chapel Village, being 4 . 399 Acres situated in the Hiram Granberry Survey, Abstract No. 581, Tract 1C OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: E-Systems, Inc . Pool Trust J. E. Levitt Engineers, Inc . 6250 LBJ Freeway 726 Commerce Street, Suite 104 Dallas, Texas 75266-0248 Southlake, Texas 76092 PHONE: PHONE: (817) 488-3313 FAX: FAX: (817) 488-3315 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 11/08/93 AND WE OFFER THE FOLLOWING STIPULATIONS . IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817) 481-5581, EXT. 743 . 1 . Amend the land use designations for Lots 1 & 2 to read as follows : "L.U.D. - Medium Density Residential . " 2 . Please change the street name of "South White Chapel Rd. " as indicated to "South White Chapel Blvd. " SD-5 City of Southlake, Texas * Tc be in compliance with the Masonry Ordinance No. 557, all development within the "C-2 " district requires eighty percent (80%) masonry or glass construction for all exterior walls . * The construction of the road to the west will be determined with the commercial developer' s agreement prior to approval of a building permit . * Although parking appears adequate as shown, the final parking requirement will be determined upon submittal of the site plan based on a summary of square footage by use . It is noted that no handicapped parking spaces have been provided and handicapped parking spaces must meet state and federal requirements prior to issuance of a building permit . * The applicant should be aware that prior to issuance of a building permit, a site plan, landscape plan, and irrigation plan along with the building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees : Park Fee, Perimeter Street Fee, Water & Sewer impact and Tap Fees, and related Permit Fees . * Preliminary review of the interior landscaping requirement for this sine indicates the following breakdown of plantings : Canopy Accen: Ground Trees Trees Shrubs Cover Area req' d = 10 , 000 s . f . * 17 33 167 1, 000 s . f . * Of this total, 1, 170 s . f . must be in the parking area. * Alihough not required by ordinance, staff would appreciate placing "Case No. 93-90" in the lower right corner for ease of reference . * The applicant should be aware that any revisions made prior to City Council must be received at the City by November 8, 1993 . All revised submittals should be folded 6" x 9" and include an 8 . 5" x 11" reduction. * All signs and culverts must be permitted separately. * Denotes Informational Comment cc : E-Systems, Inc. Pool Trust David C. McMahan, Agent J E L Engineers, Inc . gD —( c:\wpf\rev\93-90.Z&C I I , _ 1 1'� nue Mat H I urw Iu..1 1i IlUirfar' 1 (A,.y -� I •rwR a..+•SI. 1 1 ZIII --- -‘/-CV ISILs01 TAM WII 'A• ��_'L_ LOr1 I I I t1-__ J ofls• . 3 M — -1...r 1 I (WPC) won a0`M-Y. I I 1 3 j I j • —I tJ' Pwa•.aw.o To I I Oa O a°• tun.-tm I Ig �� I �WI U 111�1 H ® ) M1 � " el K 1 f a•1 61 ?.; 1 3 ._ OW&DATA a . Da=II j pill j .•.srj •® ‘II. 1— fora / ., 1 - y . .aL z tvllw aeasrr.+r / / � ......ti' `3® i r1.or.auw-a o Ig ' •�E --1 I tun-1a CON.'Cm SY�.L1 ' 1 0.000 AC. / / ♦ p /gJ�1 � / / j - Denr�T1DH TO tt e - OF SOUFHLME.TIC / / 7.r 1v° �,, If: ' 9 i ♦L .•-1... jYLL .zcrv.... I7039".PO.700E / / 4... cy // 'I -t I [[ I P _. 1 Z 1 j I D.R_T.00-77L / P.D.d. 1 .. �u.w. "am T -....rrp.r\ N .dw 1 r HW/c 7°� <--b nr,1r ( x..airs'. •• ..%/� • I rm_Tx: ! f s • i 't• '—•— —•—W. CONTINENTAL/ BLVI?-af•—-—•—•—••-•—•2 k L [$ I \( ` 6.sau1 ....PROP09CD M iT.flDW.••••'• .-•'; P • E I waiaau�° k • W • a®.m m� SG R P i1 1 u 1 ` Z 1 aa6tun--® 5 U U M 0 1aHm . ! REQUIRED BUFFERTARDS: Z I 1 c.1�. •ter M=I °o U Z d 191.1- 1®I.Ib rnwcm TIIs a 2202, 11oa1sm• W fl iv,-. a a a aae to j an-.ar v-o- 1a a > e.o4m I I•m-'ID VK 10.K • to l• I DRAW L n J6L i JCL. OWNER/DEVELOPER: GIL• 1 DE-=X/lrECII 1. DPDG. EI.006. 40a0D14 1• . -.® 0280 LD/ FREEWAY DALLAS, TEXAS C®'Y G1• 70200-0248 MTh 10-11-MIS ZFei-e0 111T Cl or 1 ' CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-99 AN ORDINANCE AMENDING ORDINANCE NO. 480 , AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 4 . 399 ACRE TRACT OF LAND OUT OF THE HIRAM GRANBERRY SURVEY, ABSTRACT 581, TRACT 1C , AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "C-2" LOCAL RETAIL COMMERCIAL DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; • PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT TEE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City' s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, Lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy cf parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking C:\ORD\ZONING\480.99 O D_ Q Page 1 Q J areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands their., that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general • welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Sothlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989 , as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 4 . 399 acre tract of land out of the Hiram Granberry Survey, Abstract 581, Tract 1C, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "C-2" Local Retail Commercial District . C:\ORD\ZONING\480.99 J L49 Page 2 Section 2 . That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas . All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the condi:ions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2 , 000 . 00) for each offense . Each day that a violation is permitted to exist shall constitute a separate offense . Section 8 . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by :his ordinance but may be prosecuted until final C:\ORD\ZZNING\480.99 Page 3 6,D-10 disposition by the courts . Section 9 . The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. Section 10 . This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1993 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1993 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY • DATE: ADOPTED: EFFECTIVE : C:\ORD\ZONING\480.99 l0 D II Page 4 EXHIBIT "A" All that certain lot, tract or parcel of land in the H. GRANDBERRY SURVEY, Abstract 581 , located in Southlake, Tarrant County, Texas, being a portion of that certain 5.732 acre tract conveyed to TRUSTEES, E-SYSTEMS, INC. POOL TRUST, by deed recorded in Volume 8205, Page 2119 , Deed Records, Tarrant County, Texas (D.R. , T.Co. , Tx. ) , and being more particularly described by metes and bounds as ', follows: BEGINNING at a 5/8 inch iron pin found for the most westerlyi Northwest corner of that certain 0.806 acre R.O.W. Dedication for Continental Blvd. to the city of Southlake, Texas, recorded' in Volume 10599, Page 1068•, D.R. , T.Co. , Tx. , said point of beginning being further described as being in the East line of that certain property conveyed to Lennie Joe Roach, by deed recorded in Volume , 6783, Page 2148, D.R. , T.Co. , Tx. , and being 0-7/10 foot West of an existing fence corner; THENCE departing said dedicated continental Blvd, right-of-way , (R/W) along or near a fence and -with a line common to said East l line of Roach property and West line of this tract, North 01 degree ' 16 minutes 29 seconds East 374-90/100 feet to a 3/4 inch iron pin : found near a fence corner in the South line of that certain property conveyed to Vernis Fulmer by deed recorded in Volume 4638, Page 607, D.R. , T.Co. , Tx. , for the common Northeast corner of aforesaid Roach property and Northwest corner of this tract; THENCE departing said Roach property and with a line common to said Fulmer property and North line of this tract along or near a fence, South 88 degrees 33 minutes 34 seconds East 561-47/100 feet to a 5/8 inch iron pin found near a fence corner in the South line of said Fulmer property for the common Northeast corner of this tract and most northerly Northwest corner of that aforesaid 0.806 acre tract R.O.W. Dedication for White Chapel Road, recorded in Volume 10599, Page 1068 , D.R. , T.Co. , Tx. ; THENCE departing said Fulmer tract and' along or near the fenced West and North lines of said R.O.W. Dedication, the following: Southwesterly with the arc of a curve to the right, having a radius of 533-00/100 feet, a distance of 313-03/100 feet to a 5/8 inch iron pin found at the end of said curve (long chord bears South 17 degrees 54 minutes 17 seconds West 308-55/100 feet) , South 34 degrees 43 minutes 45 seconds West 86-08/100 feet to a 5/8 inch iron pin found at the intersection of the dedicated West line of White Chapel Road with the dedicated North line of Continental Blvd. , and North 89 degrees 30 minutes 29 "seconds West 425-75/100 feet to the place of beginning and containing some 4-399/1000 acres of land or 191 , 625 square feet. C:\ORD\ZONING\480.99 Page 5 City of South lake,Texas MEMORANDUM November 8, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-91 Concept Plan REQUESTED ACTION: Concept Plan approval for Southlake Baptist Church, being 0.9541 acres situated in the Hiram Granberry Survey, Abstract 581, Tract 3C1, and beinc proposed as Lot 4, H. Granberry No. 581 Addition. LOCATION: 190 S. White Chapel Road. OWNER: Southlake Baptist Church. CURRENT ZONING: "CS" Community Service District. LAND USE CATEGORY: Mixed Use BACKGROUND INFO: The proposed building will be utilized as the sanctuary and classrooms and the exiszing building will be utilized for classroom space. NO. NOTICES SENT: Five (5) RESPONSES : None P & Z ACTION: November 4, 1993; Approved (6-0) subject to Plan Review Summary dated October 29, 1993 . STAFF COMMENTS: The applicant has not met all the review comments of the first Plan Review Summary dated October 29, 1993 and those items are addressed again in the attached second Plan Review Summary dated November 12, 1993 . Note: the applicant wil_ need to meet all the requirements before issuance of the building permit. KPG/gj C:\WPF\MEMO\CASES\CC93-91.CP 8t -1 us --•�J i ..■ ISTq H w E., p �1..:_ yr' _ N H R X � r l --JJ lid LA y rico—i I >,iEIWIMIFA" r. >MJ� uy T cO ��9r1 : 1 �DDmDf, lA 3\ 7- B i.' N Mc _ , • •• iiii M 1c A IIN U.N M 1 MN N NG.1 itlf M ' '•_i 11 �(J �M rc i 1 ( ++A N1 i ••IlLI D ,Y r C. G£ '/ OIL •K I 411 «MN N0 , I.jr: L� n NI (A TO tldl nC IK • N �G■■■■■;.f.�,' ■ .... 31{ \\1 Ilr 111■1■��► '�■l � ,v 1111l� �! �• HALL .•SrF1t W.W. HALL. rIII ill � �� :fir►■-��I �.' !�� IIII « r , ■�uu■■111 Inn/!!"9ri�il �*jvu l►dilly1 r, I t ''/�� _ , , 1 miN��I Vt * rc :1..x C13 01i. �n. n Fi■■■ti�� lull �= _ �. alit 21 . . 33, IC 3r IC i a imunif ArP 1 girlAk 111.011 " r it NJ": S . . •.. . .. -a...-. .. . . _. -,,.....4,,J.„.,4•70) i xr, I . , 0,-. MI'•'• mandilli 1110...iid.4...110., NW . • __ _______ _vtli n au twig wi s a I ipirial s . a . m t xrw s a� .c • e\ 1 i t.,-. Ails" 7 ran IVA 01..:- i f- t ri • 00') NIIIIIIIdli ili J,'" [2 hi lq412101,011/011 1..111"0411111 Will Nsi K it'a i aim liraiNkt OMEDIM4 W. ItHIGHT dj ► HII;Icw4� fa _\D�i=h 1 riiii. vai ' IN PA. s$ IN a M, 1C1.i SC L '• 1 1 `Y�► 1 Y ILL i 41I046\ 1. c . I".J. HYDE , I € In ■ A 1 • W .. w w TRACT LOCATION MAP � lu 1 w, • . - __ N yr 1 m __ . . Eilliw c: �M��. 4 !its, •. i lair M i�pti o, ii �` �' i ` — 010t1.21. HALL MEDLW HOLLINGSWO1•TH ez W • Arb. .#•... 1 , , �, {IEE A rM. ———.., r .STiM7 ) TR 1C3 3 ~ — l 58 68 1n _ W, HALL TR 30 1 TR 1B / 5jE65@ 27� 1�) //TR 38 Sys _9A 7.89 AC 5 9.90 nC r TR SC4 !/ _ _ WA ► � __ — __ TR 3�1 A-6B7 9 SOB ^+ yaN I 1 TAD S A TR 301 B0 A35— I SOUTHLAKE B�'VO /) STE ENSON — — — — — — TR_1A 6�� 1.0 AC 2 TA 1 .78 AC 1 ' 04® A-20a0 PLEASANT HI LL�jADV HRISTIAN, oao �� I 5A TR 3A1 TR.3C2 J o ({"®� ��' s .25 @ 548 AC j ��C I,a_s" AC / I Cj l/:m 0 TR 5G1 TR.3C s .79 AC j13.11 AC LECHLER, GLORIA, • / ]mJ 00 R/00/if TTE lU I . ,0„ JWNApS�%/ MALONE, R�OJIE bT OUKLI ,n �: ETNOriQCN TR 5G TR AC 1.0 AC A� N�1 ' 9.5 AC / ��)' TR 301 G ( T313L A /20 1.0 AC 5/�'� 1 8.31 AC J QIROHEH. FRANK A6 :b 'C.s" 111 ` / F �^ )� f L_,Jr g 98 A TR C S A TR 3N "I 3.01 @ '� ____/ 3a. CJ TR 3A I TR 3N2 C % ,,, iL�' 1 TR 3N1 1 ' 14.75 @ s' x j 1.5 @ ; 1.0 AC �C....,P Il 66g8 1 TR 5H Vim,/) j/ :,. 2 .59 @ r r,_. TR 3K I ,se 200 ,eo v • ) 2.5 AC TR ( TR 2A1C 2A2 I .�/ R 1.0 AC Z. s I TR 2A1 TR 2A10" 0B 3 �� 9e F.1.93 AC ,84 AC h /... A -. I" TR 2A18 IF .97 AC OWNERS & ADJACENT ZONING :\ (..._, TR 3H1 sTR 2A5 r " .,, I'le'S a GFPnr` � i "6.03 AC s TR 3H 1.0 AC a2C 15g53 zq City of Southlake, Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 93-91 REVIEW NO: TWO DATE OF REVIEW: 11/12/93 PROJECT NAME : Concept Plan for Building Permit for Southlake Baptist Church, 0 . 9541 Acres, being proposed as Lot 4 , H. Granberry No. 581 Addition OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Southlake Baptist Church Greg Mills d\b\a Promise Homes 190 S. White Chapel Blvd. 1203 Knox Road Southlake, Texas 76092 Roanoke, Texas 76262 PHONE: (817) 488-7146 PHONE : (817) 329-1941 FAX: FAX: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ! ON 11/08/93 AND WE OFFER THE FOLLOWING STIPULATIONS . IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817) 481-5581, EXT. 743 . 1 . Create a title block which reads : "Concept Plan for Building Permit for Southlake Baptist Church, 0 . 9541 acres, Hiram Granberry Survey, Abstract No. 581, Tract 321, City of Southlake, Tarrant County, Texas . " 2 . Provide the name and address of the property owner on the concept plan. 3 . Provide the name, address, and telephone number of the consultant preparing the plan. 4 . Provide the gross acreage cf the property. 5 . Label the zoning and land use desiy:iat-on for the site . (zoning: "CS, " L.U.D. = Mixed Use) 6 . Label the zoning and land use designation for the surrounding i properties . (Lecher tract : "0-1, " L. J.D. = Mixed Use; Malone tract : "AG, " L.U.D. = Medium Density Residential) 7 . Change the front building line to thirty feet (30' ) . , 8 . Note any existing tree coverage . 9 . Provide the following table showing required bufferyard planting calculations : REQUIRED BUFFERYARDS Canopy Accent Required Provided Trees Trees Shrubs North-317' 5' -A None 3 6 25 East-111' 10' -Et None 1 2 9 South-264' 10' -B None 5 8 26 West-150 ' 5' -A None 2 3 12 t Requires 3 ' tall berm or hedge of shrubs over 75% of frontage . 8E-4 City of Southlake,Texas * Parking requirements will be determined upon submittal of the site plan based on a "one (1) space for each three (3 ) seats in the main sanctuary or auditorium. " All parking areas shall meet the "all weather surface" requirement in the zoning ordinance and all fire lanes shall be per the Fire Department' s requirements . * Tc be in compliance with the Masonry Ordinance No. 557, all development within the "CS" district requires eighty percent (80%) masonry or glass construction for all exterior walls . * The applicant should be aware that prior tc issuance of a building permit, a site plan, landscape plan, and irrigation plan along with the building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees : Park Fee, Perimeter Street Fee, Water & Sewer impact and Tap Fees , and related Permit Fees . * Preliminary review of the interior landscaping requirement for this site indicates the following breakdown of plantings : Canopy Accent Ground Trees Trees Shrubs Cover Area req' d = 624 s . f . t 1 2 10 62 s . f . t Of the 624 s . f . of required landscaping (for the proposed new construction) , 10 s . f . per required parking stall shall be placed within the parking area. * Although not reauired by ordinance, staff would appreciate placing "Case No. 93-91" in the lower right corner for ease of reference. * All signs and culverts must be permitted separately. * The applicant should be aware that any revisions made prior to City Council must be received at the City by November 8 , 1993 . All revised submittals should be folded 6" x 9' and include an 8 . 5" x 11" reduction. * Denotes Informational Comment cc : Scuthlake Baptist Church Greg Mills 8 -5 „ . D „ : .. . , : - • . . . . 1.. . . . . . ...... • .- . . .. - • .. , Il -.,. e,,,fry ,<_/..,,,,,,0 , . , I . . — /:- . : ''="-----=...--•===7-1-• +—— ,-.., ...” II FL•77.:-LC 7—'./.7 ,,,o,-..•• _'.:.:!-...".. : :: ,. . 1. ... 57.7/... N ,:, i-• l'f i ,,• 1. • , 1.•_\... 0 iiI9 . A\o '' •:;- .. I AN. - 11..:( ''''' /..:y •:'. le.':••" .. ,...,•:-:' 1 •,.. \ , c 71„.?4,, _,.. , • .! 1 i il' 1'y'1"'•.c` -J. . ii.•;•7 . ' . 3';I••r ...,• , 1 III 'r '" a• ,-.• ' '..----: '/ --*". • .,i'v..-a- ; ---. .--A•1' ' \i '-'---/l.,- -'- f 77 If .lill ,..gF 7,1, ./ ' — ,,,,,, 0; ,P -•° 1•i , ,. .;,-:: • • • .7-,- \ - / 'Is A s' A- -' ' 45V • ' ,... ‘‘.:'$ •IlL71 15 • 1)i-/_13 1:1 //;' i'IZ's . zi, •-. , 4, .. A ,... -.7.•deo, I . pi • I/,kr-,*•;.,) /./:, '3 ,•'''; 1_1. '':+3.04 i ..t.. , , . -4,.b' ... 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City of Southlake,Texas MEMORANDUM November 9, 1993 TO: Curtis E. Hawk, Ci=y Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-93 Plat Revision REQUESTED ACTION: Plat Revision of Lot 62R, Block 5, Timarron Addition, Phase 2, Section 2, Bent Creek and Lot 26R, Block 7, Timarron Addition, Phase 2, Section 2, Bent Creek, being a total of 1.70 acres situated in the Hall Medlin Survey, Abstract No. 1038 . This plat revision will allow the creation of a landscaped center median and special entry feature between different produce-types in Bent Creek. LOCATION: East of the intersection of Bent Creek Drive and Bent Creek Court. OWNER: Timarron Land Corp. CURRENT ZONING: "R-P.U.D. " Residential Planned Unit Development LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: One (1) - Note: All property within 200 feet belongs to Timarron Land Corp. P & Z ACTION: November 4, 1993; Approved (6-0) subject to the Revised Plat Review letter dated November 3, 1993 . STAFF COMMENTS: The applicant has met all the review comments of the first Revised Plat Review Summary dated November 3, 1993 with :he except_on of those items addressed in the attached second Plat Review Summary dated November 12, 1993 . KPG/gj C:\WPF\MEMO\CASES\CC93-93.PR 0 c 2 HLAN0 STREE 0 z o 47 o S, a 4w & /1,//q • 4, SOUTIHL�AKE BLVD FM 1709 4� SPUR 382 • Q(VV U J J �� K m m Z Q U --9 .? S sic CONTINENTAL BLVD 8 fv? J ui} cp, a • ce.K ® #o •• p 1 ,, c m . DALLAS/FT.WORTH PROJECT JOHN MoCAIN ROAD REGIONAL AIRPORT TRACT z GRAPEVINE N z til. N `• a a W (..)• -J d COLLEY VILLE LOCATION MAP • TRACT LOCATION MAP gF-,2 City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 93-93 REVIEW NO: TWO DATE OF REVIEW: _11/12/93 PROJECT NAME : Plat Revision - Lot 62R, Block 5 & Lot 26R, Block 7, Timarron, Phase 2 , Section 2 , Bent Creek OWNER/APPLICANT: ENGINEER/SURVEYOR: Timarron Land Corporation Carter & Burgess , Inc. 300 E. Carpenter Freeway 7950 Elmbrook Drive Suite 1425 Suite 250 Irving, Texas 75062 Dallas, Texas 75247 PHONE : (214) 791-3333 PHONE : (214) 638-0145 FAX: (214) 541-0800 FAX: (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED EY THE CITY ON 11/08/93 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1 . The title block should be as follows : "Plat Revision, Lot 62R, Block 5 & Lot 26R, Block 7, Timarron Addition, Phase 2 , Section 2, Bent Creek, being a revision of Lot 62, Block 5 and Lot 26 , Block 7 of Timarron Addition, Phase 2 , Section 2 , Bent Creek, as recorded in Cabinet 'A' , Slide 1351, PRTCT..." 2 . Please style the preamble and legal description of the owner' s dedication as follows : "Whereas Timarron Land Corporation, acting by and through the undersigned, its duly authorized agent, is the sole owner of a tract of land situated in the Hall Medlin Survey, Abstract No. 1038, County of Tarrant, according to the deed recorded in Volume 9813 , Page 2375, Deed Records, Tarrant County Texas, and more particularly described as follows : Being all of that certain Lot 62, Block 5 , and all of that certain Lot 26, Block 7, Timarron Addition, Phase 2 , Section 2 , Bent Creek, an addition to the City of Southlake, according to the plat recorded in Cabinet A, Slide 1351, Plat Records, Tarrant County, Texas . " 3 . Correct the dedication statement of the owner' s dedication to "...hereinabove described real property as Timarron, Phase 2 , Section 2 , Bent Creek, Lot 62R, Block 5 & Lot 26R, Block 7, an addition to the City of Southlake ..." 4 . Move the following statement from the "notes" section to the owner' s dedication after the legal description and prior to the owner' s signature: "This plat does not increase the number of lots or alter or remove existing deed restrictions or covenants, if any, on the property. " SF- (1- City of Southlake,Texas 5 . Show the limits of the floodplain as first submitted (and as conforms with the adjacent & recently approved Phase 2, Section 2A) ; delete corresponding note from the plat . * Original signatures and seals will be required on each blackline mylar prior tc 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 : Timarron Land Corporation Carter & Burgess, Inc. 8F-5 MI- - p �� r .A:::per, / T> � " a= - tea: = w 'i I �� P r,.N nr�.t • r \ 1 I I \ 1 PNAMTINI1 SA O11141 a Aral.Arl HNT:PP�N L In1[7',41, 1LJ1 REYNION IS 2 fz.v.j M ^�•.�,j +�j' I�^^ �� LOC*T��lllfC ptOA�;FLOWPIr L.[VO EMDo M .�T'w7�.r rFw� . ....,or nmaen li 1 MLLO[7 I PG P[Om NHS[T1( w.ww n rn Fw.rw...w.rw.r.+o.♦..r.r..w.nw w_..r N_. t.� T I �M • e•LOn alALl'p 'OP ppn�GRrEtl DOm I,ESNPo 0 . 1 Ll \�- v�...� OP aill'ili F'ANr'�.Alm N,M l 1"C4 R try cR..w.d...I --' E I► MOO L - __ �..14' ' 1 AV• �- p..w�lo.r \ I I 1L'-�� W7 *• A or ik •�� w�1T.lww�.r�.Frw�.w �...j�'w Y�.F..��w/M�P.n L 6..�/rwr.w. yi11 1 0 N✓1 �{/. LR'rI�T �i�,{� - .wyr.1M I.�..w w��L F w.irlti �.41M N .�..U APF,.Rn.�.s1L..,M. P. • wr M rN A w � �- r.. ... no . If x i 1 wt., t._ Ll+r PAN—I` ` w `14 r'„�' �1-ram S.71EA08. LZi ` �. Y tS :.S f 1M1 ALL ...212A-• •• `-1.1 i rya..el.r Ncazz �; - - fix..= rwt F. ._ •R t 41:2r21.3Z, . PaiK 0T,T.=ICK,4T.-.fizz I III„\ • OEI.0 A // V{v �\ on PLAT RY001 y// «., `tTw \: _ IL=ILetO$LOtLET$.il / as !. // �1 / ��_` T1fP1ARHON MLASE L SECT40A1 2 BENT CREEK / 1 [z2'/ • I :--- ---_- / MEDIN sl PACI NO.IOTA. OUT C THE .1 NI Illr NAZI M c. '� L13 Ac/2 LOTS .I ^-. - COIJKA BGbE-- OP.ER/DEVE10PER, TUARPON LAW CaIPa+AItA F D10I fAPrENI ER PTPENAT.A011 1.75 CIF-will iAI- --_�._ IRVING,TEAAS TSob2 ..«r.W,N.NOI+iib L[GEWgY{p,,M 121A1111-T777 `d.�"_.�i i_- rA�N\ W\ OAII. tW4 Corlto, .2,... C. CAPPED PION P00 FOUND T4___ CPS CAPPED NON ROD SET /PPXEA.CARTE.► S. RL OULONO LIK C-xZA,0118'1EI-CgE3RISj-" 1150 ELYDROCO CAVE.(.S SUITET( 290 50 ' W. UC UTILITY CASEMENT DAELAS.TEAS T5241 i 1 DEUE DRAINAGE AND ILITY EASEMENT ;EtAE,AAA --- 12141 ATE-01A5 DE DRAINAGE OC TOBEP.1993 di dTNS RAT FLED N CAONET .SLOE W. .DATE CASE NO.EA/7-11 CAA.A111 12 i r City of Southlake,Texas MEMORANDUM November 9, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-95 Development Site Plan REQUESTED ACTION: Development Site Plan for the Golf Course Clubhouse, being 12 .61 acres situated _n the Hollingsworth and Barnett Survey, Abstract No. 797 on the proposed Lot 3, Block 1, Timarron Golf Course LOCATION: South of East Haven Addition and Southeast of Glendover on the south side of Byron Nelson Parkway. OWNER/APPLICANT: Timarron Land Corporation CURRENT ZONING: "R-P.U.D. " Residential Planned Unit Development LAND USE CATEGORY: Medium Density Residential BACKGROUND INFO: The applicant proposes to build a 2 1/2 story Golf Course Clubhouse on the bluff overlooking the eighteenth green. The upper floor will be 6,482 sq.ft. and the lower floor will be 4,435 sq.ft. The developer proposes to start construction in December, 1993 with completion projected for July/August, 1994. NO. NOTICES SENT: Five (5) RESPONSES: None P & Z ACTION: November 4, 1993; Approved (6-0) subject to the Revised Plan Review letter dated November 4, 1993 deleting item T8 (all bufferyard requirements) STAFF COMMENTS: The applicant has met all the review comments of the first Revised Plat Review Summary dated November 4, 1993 with the exception of those items addressed in the attached second Plat Review Summary dated November 12, 1993 . KPG/gj C:\WPF\MEMO\CASES\CC93-95.SP l//'' ` -I I cc Ui HIGHLAND STREET w - 0 _ O 4 0ul fi § 04( 0 S,y '< cc /19 SOUTHLAKE BLVD FP1 1709 i SPUR 382 1.?Li -J • J 0 CO` Z Y K Q u eip CONTWENTAI o}YD J w ( N. 0 1 0 cc s DALLAS/FT.WORTH JOHN UcCAIN ROAD REGIONAL AIRPORT Si GRAPEVINE N • PROJECT = z TRACT co • COLLEYVILLE LOCATION MAP TRACT LOCATION MAP ,, ., • 36-2 • 00 I IM I i NENTAb-8Lvo • ' — — — - , 1 — — 25 15 I 14 11 OH Iw 1 Ia ua 1f if If .1i/51i 1 2� I l 13 1 TR Fir 2 181 E TR11 Ta 12 11 3 2A x 182 ii7 I,I ? n SK x 1.0 AC 'N..NNNN\ 2 11 I111 1.04 TR fA C I 11 4 AC 2.0 AC 1 U O 1.05 • izz is 1 I s P MAI 5 TR le i I ,�p6p3 I1 Iw = �26g 2.852 @ f 2: I 19 9 �1 6 2A3 M I. -d1 u lit R0.1RK, B 1Tia.N ne I 20'ry04'sbuR..'II 2A2 N .,„. SMITH. ADORE \ �0 TR 281 erica.. 1 l- hair/ aura _ _I /...-� �ti ` �MI7S • 7imarcdU - PU \ �~— - TR 1 --� \\\I our;•A s.13 @!'e utt. I • �` 1 Is Na I __ EYT URvEY • TRACT 2 '' ' p•�•'• 1 i S �g� ' •, .0 A' 1 TR I J 12.2, f' I I T�� urr • N _'.. d4 " / lir \ P T] ol) .4 •tom TR SC .e, ... . . 94 • . t,V . : �e4f 1: TR 2G1A • �'. 'I y„..:�`. ♦� ��`�`� IR TR 2H1A .29 @ 1 - �� ,% s, • ��'.,'.^��`� .�. \ x TR 2KIA •55 @ 1, TR 2J1A 2.72 @ TR 20 L .I ._.,.. I. T ADJACE IY T CENT OWNERS & ZONING R 2 44.05 @ 13.4 �1 ��U^R�9, �nn - �^�� — — 1 TA2J1 .299 @ —;rn is : I — — — c COLLEYvII__ CITY LIMITSTR 10 2.59 @ I( 6-3 1 City of Southlake,Texas DEVELOPMENT SITE PLAN REVIEW SUMMARY CASE NO: ZA 93-95 REVIEW NO: TWO DATE OF REVIEW: 11/12/93 PROJECT NAME: Development Site Plan for Lot 3 , Block 1, Timarron Golf Course, Golf Course Clubhouse Facility on 12 . 58 Acres OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Timarron Land Corporation Carter and Burgess , Inc. 300 E . Carpenter Freeway 7950 Elmbrook, Suite 250 Suite 1425 Dallas, Texas 75247 Irving, Texas 75062 PHONE: (214) 791-3333 PHONE: (214) 638-0145 FAX: FAX: (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 11/08/93 AND WE OFFER THE FOLLOWING STIPULATIONS . IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817) 481-5581, EXT. 744 . 1 . Correct the rear building setback to 10' to meet the requirements of Section 22 . 5 (d) , Ordinance No. 480, as amended. 2 . rovide the following table showing required feryard planting ca culations : v Golf Clubhouse Fa ' ity is "C-3 " use per Tim on' - .U.D. o dinance. Ass tion: Golf Course use surrounding clubhouse 1 t to the So east, South, and West is "CS" zoning. ) REQUIRED BUFFERYARDS Canopy Accent Required Provided Trees Trees Shrubs North-525' 10 ' -C none 16 21 63 East-598 ' :street) 10' -C none 18 24 72 East-196 ' 10' -Flt none 6 12 16 East-469 ' ;G. Course) 10 ' -B none 9 14 47 South-330' 10 ' -B none 7 10 33 West-1, 277' 10 ' -B none 26 38 128 t Requires a minimum 6' tall wooden fence in addi=ion to the required plantings . 3 . Landscape and irrigation plans meeting the requirements of Ordinance No. 544 will be required prior to the issuance of a building permit . REQUIRED INTERIOR LANDSCAPE Canopy Accent Ground Trees Trees Shrubs Cover Area req' d = 3 , 241, s . f . 5 11 54 324 s . f . 4 . Label all walls and screening devices as to type and height . City of Southlake,Texas 5 . Label the site with the types of surfacing (i . e . turf, asphalt, etc . ) . 6 . Label 10 ' U.E. on the site plan and show meter after last hydrant . * The masonry requirement of eighty percent (809s) masonry or glass construction on all exterior walls was waived with Resolution 91-44 . * The applicant should be aware that prior to issuance of a building permit, building plans must be submitted for approval and all required fees must be paid. 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Gandy, Zoning Administrator SUBJECT: ZA 93-96 Development Site Plan REQUESTED ACTION: Development Site Plan for the Golf Course Maintenance Facility, being 3 .43 acres situated in the Hollingsworth and Barnett Survey, Abstract No. 797 on the proposed Lot 1, Block 2, Timarron Golf Course LOCATION: South of East Haven Addition and Scutheast of Glendover "A" . OWNER/APPLICANT: Timarron Land Corporation CURRENT ZONING: "R-P.U.D. " Residential Planned Unit Development LAND USE CATEGORY: Medium Density Residential BACKGROUND INFO: The applicant proposes to build a single story 4, 797 sq.ft. maintenance facility. NO. NOTICES SENT: Five (5) RESPONSES: None P & Z ACTION: November 4, 1993; Approved (4-3) subject to the Revised Plan Review letter dated November 4, 1993, deleting item #6 (all bufferyard requirements) . STAFF COMMENTS: The applicant has met all the review comments of the first Revised Plan Review Summary dated November 4, 1993 with the exception of those items addressed _n the attached second Plan Review Summary dated November 12, -993 . KPG/�j C \WPF MEMO\CASES\CC93-95.SP SN-/ 1 cr 2 HIGHLAND STREE l-a N O LL O V. 4 > ,y J SOUTHLAKE 8LVD F 4 I709 / SPUR 382 Qom.. ULi A J J r° m cc a Y u .i:' -.9.? , @�� CONTINENTAL BrVD BFgR J a` a ¢ • ¢ %. DALLAS/FT.WORTH JOHN McCAIN ROAD s. R£GtOHAL AIRPORT • e GRAPEVINE ce N s. PROJECT Z (I, TRACT IA N 'Zs.4 W, COLLE'IV%LLE LOCATION MAP TRACT LOCATION MAP gH-,� u I .b 1 .-. NEN•TA -8LVO —�— — — I — — — I - - 25 11:15 14 II 1 11 a. • ( r�r ICI J 1 24 I 1 13N Al Y C' 2 7R ( j r P11 TR I TA s81 I1 3 2A 182 e. 37 12 I i ? ^.IEK F. 1.0 AC 23 SS I) 1.04 TR IA G' 1 I 4 AC 2.0 AC Pt- - t0. ICJ 1.05 , 1. I P IAA, AC TR 18 22 18 t s 3 32695 • 2.662 @ 1 1 1 21 I' 19 9 I 6 2A3 L- ___ ., �. _C_ _a IK7-.. a4 ,p ROARK, B•p�ictµ 20' •6" ''H. 2A2 eY1N SMIT4. AUORE • 22_ _l -. - .. ,..1 750 TA 2e1 Ab I- T . •` l4 sl HITS ) ;:. . lInl�tcrdU - Pll D ; vly ur �. iL!}t •are r 9.13 @ • l - o 1loSLTH f u . HOL Y P.O.B. ._ suR / TRACT 2 �" vE 5 P.•.. ,fig / •C 3 A '' = .,.....,..c....\. 91,1 T; err • Al / ,s / , I r ''. '_ate'' �. • ' —014 •a -ti ` TR 1C ` Jtr�'�� 22 @ • e ..,.... • • . \ • 4v-s - . , ....s . ,...________. ... 4 '%\ , • o S TR 2G1A \.... ' ` �- ..' y',; ,'� ` Is 7A 2H1a 25 a P T2.72 @ A ' 1- TR20J :m . 5.158 @ ---/ --r Hl ( ADJACENT OWNERS & ZONING & r'a�ET t' 44.05 @ :Yell,. l � SP'�g� r ITzaei@ NO • - ' COLLEYVILLE CITY LIMITS TR 10 2.59 @ (( 8l1 -3 (. i City of Southlake,Texas DEVELOPMENT SITE PLAN REVIEW SUMMARY CASE NO: ZA 93-96 REVIEW NO: TWO DATE OF REVIEW: 11/12/93 PROJECT NAME : Development Site Plan for Lot 1, Block 2 , Timarron Golf Course, Golf Maintenance Facility on 3 . 46 Acres OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Timarron Land Corporation Carter and Burgess, Inc . 300 E. Carpenter Freeway 7950 Elmbrook, Suite 250 Suite 1425 Dallas, Texas 75247 Irving, Texas 75062 PHONE: (214) 791-3333 PHONE : (214) 638-0145 FAX: FAX: (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 11/08/93 AND WE OFFER THE FOLLOWING STIPULATIONS . =F YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817) 481-5581, EXT. 744 . 1 . Please change the title to read as follows "Site Plan, Timarron Golf Course Maintenance Facility, Block 2, Lot 1, Timarrcn Golf Course" . 2 . Provide the land use designation of Timarron' s property to the West and across Byron Nelson Parkway to the South. 3 . Provide the following table showing required bufferyard planting calculations : (Assumption: Golf Maintenance Facility similar to construction storage yard as permitted in the I-2 zoning district . ) REQUIRED BUFFERYARDS Canopy Accent Required Provided Trees Trees Shrubs North-336' 10 ' -F2* None 13 27 40 East-469' 10 ' -F2* None 19 38 . 56 South-322 ' 10 ' -D None 13 16 58 West-398 ' 10 ' -F2* None 16 32 48 * Requires a minimum 6' tall masonry fence in addition to the required plantings . 4 . Landscape and irrigation plans meeting the requirements of Ord. 5L4 will be required prior to the issuance of a building permit . REQUIRED INTERIOR LANDSCAPE Canopy Accent Ground Trees Trees Shrubs Cover Area req' d = 1, 000 s . f . 2 3 17 100 s . f . 5 . Provide drainage study to support the drainage channel and RCP as shown. 6 . Relocate water meter to beyond the fire hydrant farthest from Byron Nelson Parkway. 8H- 4 • City of Southlake,Texas * The masonry requirement of eighty percent (800) masonry or glass construction on any exterior wall fronting any street was waived , with Resolution 91-44 . * The applicant should be aware that prior to issuance of a building permit, building plans rust be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees : Park Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees . * Denotes Informational Comment cc : Timarron Land Corporation Carter and Burgess c:`wpf\rev\93-96.dsp 8II-5 o I1`'( r'\ I I UST I4 A ` wL •. 1 p# ALUM Willi • ssssss+��t��3°��.� 1. I• I ` .'1 L. D.LEDIM DEMITT SaXTIAL- - _- r LON/D,F io 6f�iN••CND•::. 11 4 i �- . llI` I< I1 �.LOKU I-I ; .U.D.00ORII0014TT iE. -. a1111=•`.' :1 �� \ ta�-Lt,,.. .s�,i i.a I I� \ ) LUG I I [ ( ,,-��-a�,�i3;a 103 / II AUMET SYTN r �i•I.. 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I I; :y�c•1/ L'0..• �1�11�I I] vn 0.1.pl..,OW. 1 '41� FEr =L.O. 014011t11�1 61-2 RESOENnAL I.MM.Me.r,11p..•D-Om mf,71 r.ux 1 ` FF'' D[Y[LV1[Nr 4rC/L•M �l \U r�r'!� I L. `I II ` I ) ►`�11IQ[C11� I ,� �.:_l ws 5-r I I\ I I....1---. `l•PD„D LDTL, �; or 13Tt 40701.44.Lot S.3C1�LLE P o[YILOr NT,CI1•r.I.??Mt 1 II1A\ \ ,. _ I '`t' Lts �i I I \ — - ialsu tta•m n.r LD,n.W. 3L - V A77RDVLD 1'll9LII 4URT PIT /. l_ tU)R Lour, TNANvpoE4 A CO"10"A 1 Bunn Smoot. u� L rRDIp{t�G �'�''aM0 I ( XX A 0=3/1', D 11. 'l P 11.1 I' lOOt u uo-oe I� 1 I T L...1a � • 1 1 \ o P Ill. I •• 11 _'.—.,.;.. M .Y;Lr�".'„ y it i 1 1k I 1 I E� ...�. Ljl _I ''1 I 1 LLUEND ____ O 1 I OTC r �=P r 4T{a1X !..Tp,ry" I I ` I r �E ,-__% COIF CAPPED No ROD FOUND 1p000 C.lpt 0q•� 0E CgTM[Nwfr.W}t CR6 31 of I� •I,' I I I l 4 Y I r'n I-M I fw5 CO[IRON RCM 511 1.•It fII�NI/MtfYM!I�MI.tNr11 11.0 1 v,.Ff/IGS11'/tw r0'I -LIII BE lIURpNO IeIE ! Ir.ln.n L- I -. ,, '1‘1"-----) I I UE UTRITT EASEMENT OE GRIMM USEXEMT I -- 1 ,..� DAUF DRAMAO[Ae0 UTRnY MEOW i qq • \CFjm c) _ J l _ a110000 LOXrwc n.TUR[ I I i link • o NISOM•Y 00 LL .11 '%v. \•' ,• _ L W DLADI.O0{•R IKS To/•CE 0.MI P..0D011. -`` �� ),ILL I�YE1pItR�pStD CO.fRn./C'MrtO.•l / • �� `�_ . 1 V _- ^F` - -. ..__-..........-a ��}- _ C11//aa�D GCRRC 1l[mD • �� yE 'L� �� r -IIi - 4) L'i I 111.LARRON GOLF COURSE I ii' / `�< --_^--O . _. V • MAINTENNICE FACTUTY 1/ / I. ! _ BLOCK L LOT I / . Iri . /S/(./ \ •• � - - . 14.iw0100RTN\ . TACT M0. S7 _ OUT Or The • - �AIIKTT SURVEY,AK T S ATgTEO M4.IART PLAT j -}f - SI M �1, X rWM01VOL^��pl'LMAiNXI •1 '- ! RM i IT Cor•ss•X. CITE Or SOUTfLARE.TAIRIANT COUNTY.TEXAS ..t / I PROPOSE()car GO'IASE II 1 .•a -- wr4 • I00 D P.U.O..eO-Oe �j , r Ir c,......0,P I•t CbA.ttu1 11i ' �• CLle11 ANo~UT -°RE°LaMUTUT*s u1EA D.NER/300[ECOR DITMARROW F 111�SUIT0M7'OIUTION I TEy•/oai400IRT R*t1• On xC Eim evrx.TEXAS TS012 \ • ,� ; - TA� LAIC3.C0I'7�L nOM _ _.. 1214117-3333 - 1 • /11, , l .4130- .-- E)IOO C GRRR I .URRES..1c. L CCS 9 J_ / — MO EUeROa DwYE.SUTE Lso 1 II /�/, II ®4 �1 , CALL m41430. isx.r %4• lL U I t *O.1 aE an 1 '. ' I DST(—- Ro,o w.Dl no. ..u. OCT OBER.1993 qQS I OI 7 HIII City of Southlake,Texas (r$If MANAGER MEMORANDUM November 11, 1993 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, P.E. , Director of Public Works SUBJECT: Princeton Park Addition, Developer's Agreement Attached is the Developer' s Agreement for Princeton Park Addition. This Agreement contains the standard requirements for the, provisions of water, streets, drainage and the usual requirements relating to performance and payment bonds, maintenance bonds, inspection fees, and park fees. Some of the details to be acknowledged are as follows: • Page 1, Section I . GENERAL REOUIREMENTS:The word substantially has been deleted. Staff prefers all construction to be completed before and an Acceptance Letter is issued that releases the remaining building permits . • Page 8, Section IV.SEWER PRO RATA:Sewer pro rata is required and the Developer will pay their share prior to construction. • Page 8, Section IV. part B. , . OFF-SITE DRAINAGE:Developer has agreed to pay their pro rata share of the culvert expense for the box culvert in West Continental Blvd. and South White Chapel Blvd. Note : As of the date of this memo, the Developer has not acquired a drainage easement for the storm water flow off Princeton Park Addition. If the proper easement is not acquired by Tuesday, November 16, 1993, Staff will recommend that Council table this item. • Page 9, part D, PARK FEES: The Developer agrees to pay. the park fees in conformance with Subdivision Ordinance No. 483 . • Page 9, part E, PERIMETER STREET ORDINANCE: The developer agrees to pay the Perimeter Street Fee of $13, 960 .32 . The development will abut on South White Chapel Blvd. Please place this item on the Council' s November 16th agenda for their consideration. If you have any questions, please contact me. 641/1 _ Bob Whitehead 7 Attachment : Developers Agreement wpfiles\memo\princ.pk PRINCETON PARK ADDITION DEVELOPERS AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the Princeton Park Addition, hereinafter referred to as the "Addition," to the City of Southlake, Tarrant County, • Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 73 lots contained within the Princeton Park Addition and to the off-site improvements necessary to support the subdivision. GENERAL REQUIREMENTS: • A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied. The remaining building permits shall be released as soon as the streets are substantially complete. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within the Addition has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. C. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of /Da - z credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior.to the final City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. E. Until the performance and payment bonds, letter of credit or cash escrow required in C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on.or in said Addition by the Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City of Southlake and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his own construction contract prior to construction of each phase and based on actual bid construction cost; b. Trench testing (95% Standard); c. The additional charge for Saturday and/or Sunday inspections;and -2- /Da - 3 d. Any charges for retesting as a result of failed tests. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. All gradation tests required to insure proper cement and/or lime stabili7arion; c. Technicians time for preparing concrete cylinders; and d. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. -3- II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, approved by the City Engineer, the City, and made part of the final plat as approved by the City Council. The developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. -4- /O nu'- • 3. All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this • agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right- of-way will be completed prior to the commencement of street • construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director • of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. E. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets • or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. -5- All expenses shall be paid to the City prior to acceptance of the Addition. F. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. H. START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by the City to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general -6- liability insurance, naming the City as co-insured, prior to commencement of any work. 6. -A pre-construction meeting between Developer and City is required. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which -indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, .to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall -7- /tea - S defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: MiNaiiSiMakiMtaiiikka .................... Ch ;.:. .r.. :... otla€ .;::sha.. .;;of:.:swr< ieoord zrce> viz:Ord nar ce i6 9. B. OFF-SITE DRAINAGE: The Developer understands that the Drainage Ordinance, Section 6.06-B, requires that each development contribute on a pro rata basis towards the cost of replacing critical drainage structures downstream from the development. This development is within the basin served by the box culvert in est« ozitme it >Blv ::::;>::::.; : :.:o;... .iii .... aid.:.�ouZ:.. hate Chapel Blvd:: The Developer agrees to pay their share of the culvert expense prior to the beginning of construction. _8_ /D�-9 C. OFF-SITE WATER: Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost. D. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Ord.), Article VII, Park and Recreation Dedication Requirements. The Addition consist of73'lots for a total required park fee of $ '65 . However, in consideration of the amenities to be installed in this Addition (Phase ), the Developer has requested a 50% credit toward the required park fees for a resulting fee of$ . The Park Board considered the Addition's request for credit at their meeting and recommend to City Council that the credit be given (or denied). The Council, hereby. _rants a % credit f lting r ed p� ee-o f $ �o e- ndi�b le o the City prior to the beginning of construction. E. PERIMETER STREET ORDINANCE: The Developer agrees to pay the Perimeter Street Fee of $50,000/mile, in accordance with Section IV, Paragraph B, sub-paragraph 2 of Ordinance No. 494. Approximately 1 74 1 feet of the development abuts on o t \Vhit Chapel >Blvd< which will a Perimeter Moan 3 :I�::.:.;;:.;:.:.:.;;� requireStreet Fee of ��:� �.�(1:n SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER:Sunnybrooks Properties, Inc. By: Title: President Date: -9- /O� - <0 CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: c:1 wpfrles I devagre e I format —10— /Q4 i1 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. -=1- PARKS AND RECREATION BOARD MEETING November 8, 1993 • 1111 Parkland Dedication Credit Request The Dominion Total acres : 38 Total lots : 55 Total Parkland Assessed: , 500 Request 50% Credit : 13 , 750 The Dominion development proposes 2 . 65 acres of parkland/open space to consist of the following: - 2 lakes - 60' green belt - playground for small children - approx. 2 , 000 sq. ft . - picnic tables - park benches • - gazebo - possible jogging trail The Parks and Recreation Board recommended only a 30% credit or $8 , 250 for the reasons listed below: 1111 - the lakes are for aesthetic purposes and are necessary for run-off retention - the 60 ' green belt is for drainage purposes • - the playground is a small "tot lot" - no recreational facility/activity for older children - no firm commitment for a jogging trail, grill, etc . City of Southlake,Texas MEMORANDUM November 12 , 1993 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, P.E . , Director of Public Works SUBJECT: The Dominion, Developer' s Agreement Attached _s the Developer' s Agreement for The Dominion Addition. Usual requirements relating to performance and payment bonds, maintenance bonds, inspection fees, and park fees are included in the Agreement . A few conditions are distinctive to this Addition which resulted in revisions to our standard agreement . These items are discussed below. • Page 1, Section I . GENERAL REQUIREMENTS : Part B and C have been deleted and revised. The Developer does not want to present to the City a cash escrow, Letter of Credit, performance bond or payment bond. However, in revised Part B the Developer agrees that no building permits will be issued prior to completion and acceptance of the improvements . This procedure has been used on previous Developer' s Agreements . • Page 6 , Section I I . FACILITIES : Part H. START OF CONSTRUCTION: Number 1 deletes performance bonds that relates back to Section I . • Page 8 , Section IV. OTHER ISSUES : , Part A OFF-SITE AND OR/SEWER PRO RATA: The Developer will construct a sanitary sewer across Timarron Addition. An agreement has been consummated between Dominion and Timarron, which includes a san-=ary sewer easement to the City of Southlake across Timarron and in lieu of a standard pro rata, Timarron will pay $17, :00 upon the construction of a sewer to the east of the Dominion Addition. • Page 3 , Section IV. OTHER ISSUES : , Part B. OFF-SITE DRAINAGE : The :eveloper will not be required to contribute drainage pro rata. This section was amended to cause the Developer co inscall off-site drainage in accordance with plans and specifications in accordance with Drainage Ordinance Number 482 . The Developer is required to construct the ultimate culvert in E . Continental Blvd. Since E . Continental road is not planned to he improved by Developer, the Developer will construct the culvert to the ultimate width or deposit funds with the City to accomplish this same in the future . /De -/ Curtis E. Hawk, City Manager The Dominion, Developer' s Agreement November 12 , 1993 Paae 2 • Page 9 , Section IV. OTHER ISSUES : , Part D . PARK FEES : The Developer agrees to pay park fees in conformance with Ordinance No. 483 ; however, due to amenities within the Addition, a 309o- credit toward the park fee has been recommended by the Park Board. • Page 9 , Part E. PERIMETER STREET ORDINANC=' : Approximately 738 . 56 feet of the development abuts on East Continental Blvd. which will require a Perimeter Street Fee of $6, 993 . 94 . Please place this item on the Council' s November 16th agenda for their consideration. If you have any questions, please contact me . 6i /2 - , . .,I ,12 - Bob Whitehead Attachment : Developers Agreement Letter from Bob Marriott wpfil=_s\memos\dominio THE DOMINION ADDITION DEVELOPERS AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the The Dominion Addition, hereinafter referred to as the "Addition," to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 55 lots contained within the The Dominion Addition and to the off-site improvements necessary to support the subdivision. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. Since the Developer is prepared to develop thc Addition as rapidly as possible and is desire--ef-seiling-lets-t ens- uJ--a=�mg residential building activity begin as quickly as possible and the City is desirous of having the subdivision . completedas rap} p 2e,the Ccity ecs to rel c-1 0%of the-lots a er installation of the water and sewer mains. Framing shall not commence until water qualu ppreved-b3fthe-Gity-an approp irements are satisfied. The remaining building pc-iits shall be released as soon as the • streets are substantially complete. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the supporting public .,fast-f, cion has l + .a b t1, ( i+ i........... �v� env i �ceri ccee cc ern.cp �-vr �rcy7 and this will serve as an incentive to thc Developer to see that all remaining B_:<::»:<:>::::>::The<: Jevelo'•.er::::' green>: af:ric�::>b :: .. . ....................:.:.. €u letton e c w r, :.:::.:::..�.�.�:::::::::::aza ;a��:..: :.an..�::a£:�e.:�va�e�:sz �:r;;s€rggf�<> d>� u:�ia» <fact�tzfites>:�:. e• nertt.:b tl�.e:>::Cit;.<>::<Counct :: C. The Developer will present to the City zither a cash escrow, Letter of Credit, pe -mane and ace le—te-the y—guaranteeing-and 0 of all-of the f cilities to 1e-constructe`d-ire- eyer9per, andpro ding for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work f us agreement between the City and Developer. All bonds shall be issued by a Best rated bonding company. All letters of credit must meet the Requirem.:nts for Irrevocable Letter of Credit /D,6-5 att _he a hereto „,a rate, �,erei The value of the perfornnanee bond, letter of credit or cash escrow %:.-ill reduce at a r:.c consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of• credit cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds. letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. E. Until the performance and payment bonds, letter of credit or cash escrow required in C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by the Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title toy all facilities and improvements mentioned hereinabove shall be vested in the City of Southlake and Developer hereby relinquishes any right, title. or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements. City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete. have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: 1. Developer agrees to pay the following:. a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his own construction contract prior to construction of each phase -2- /th— T and based on actual bid construction cost: b. Trench testing (95% Standard); c. The additional charge for Saturday and/or Sunday inspections;and d. Any charges for retesting as a result of failed tests. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. All gradation tests required to insure proper cement and/or lime stabilization; c. Technicians time for preparing concrete cylinders; and d. Concrete cylinder tests and concrete coring_ samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such properry so maintained. Any guarantee of payment instrument (Performance Bond_ Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager. shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the -3- /D6 - City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, approved by the City Engineer, the City, and made part of the final plat as approved by the City Council. The developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City Engineer. 2. The Developer will be responsible for: a) Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition: b) Installation of all street signs designating -4- 7D6 -4 the names of the streets inside the subdivision, said signs to be of a type. size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. 3. All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right- of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director - of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs. materials and engineering. E. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening. hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the -5- /D6 - 7 opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses shall be paid to the City prior to acceptance of the Addition. F. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage. landscaping, .street furniture. pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense. defend and protect City against all such claims and demands. H. START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin. the following must take place: 1. Approved payment and performance bonds submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Approved Released for Construction" by the City Engineer. -5- /06-e 3. All fees required by the City to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents. servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless -7- /od_ design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. OFF-SITE AND SEWER PRO RATA: �.'��::`ti:'[ iii.;>;:;::z:::»::,',:°:':i::`::��,sa�` '�"�` :.:�i� :��EEE;:.:::;:?;::;::;:�� ii .is::;t°; `°:>t:>:� E �::_5::<:;:�;>v IZe> :aziar > Addio t:. ; .1;::E.e.;:<s z:v:0.d:.;b;, tji .:R.:. .::.seweye :l:tn§;:.;vta.:.;::T ttzazron Ad€it < <'<The::`a ..... Deuelo ":::h�s>>ebr��'1�t`�,d�>��ri ::;.;. .:.:;_<:..:..:::;:�;.:`::� :: <`:...:.:..>:::�::::>:� :.>: .. . :.::.;;..:;:.::::::.;:.;:.:::.;:.;;:;.: ;::.;:.;:. P�;: .;::. :.::.�.::.:::�.::::;:.:::::::.:�.�� ;:<w�tl�.;:>larrt�n.:;:�o�.;the dedxvatzon<;of aseF er easement;:.The:: evelo ex>::wiJ<I:::be:>rei bursed::>::a::J:um: >sum o 7 OOO rn lret of pro ram, wherever::the pro :>:ta:,the east of Dominion connects:::::to::<the sanity se;:er<con ::t,;..._»: .,:::d s.:,.:::,.,. .>yiii>........_. ::..<.;::::<.;;:;.>:.;;:.;.;:.:;..: : . :.:.<:.��::..... :::::.;::.:::sx.cicfie�:..,by.;; ��.::de�rela.zxzenfi..::::��nYtar...::Viewer facilities€€ -s- /e6- /® re..ared:::b:: ::itl e:.; eveld'•.er:::;::s::::eri fried':>::and:::>r.e tewed;;l :.::>: e:::;Ct' :_>::::>::Furir rPtItO D„ per agrees fia g0TORfiq fihzs iiistallatg i€ ;pgpgx;, n,:.;..:w.,tt otoinigom 493 B. OFF-SITE DRAINAGE: The Developer understands that the Drainage Ordinance, Section 6.06 B, requires that each development contribute on a pro rata basis towards the cost of replacing critical drainage structures downstream from the development. This development is within the basin served by the box culvert in . The De-eloper agrees to pay their share of the culvert expense prior to the beginning of e e nstruction. Dra: e:>:faerlt e :::will be installed'i ac rdance dt __..-1 ans ar d :... cations: t .................. prepared§'`o €Dgo .ez<:s>::m •iziqexM1a . .MNed>: . :>:::T�::;:�xty. g�hoz> ::a::i:: i: i ::::i::::::ii::>:::i::::i::::i::::i:-.::..:::i ;:::::i: :::::::::�iG::::: :r ::::::::::::: the Developer a.�.ees>:to complete::thts<insallatietn in::accorda ce w`ith Ordu}ance ::._and..::shall..::b�e....r��ptaxi�ihl�....fni':,ali_•_oorzstructzc�ii costs x�a�.nala The devel' : •ert:::>N::ad .e nt<::t:ithe<:draina:..: :: ulvert::on E .... ; :::;::;.I ..:: cr`-Low.:>::>:he::::;::::deve1:::.: :::>:::<is::»:: ....:uired:::»: ::::1:construct:::>:::::the:>::»:«ultimate culvert::: e el : op ;::° :<::. gr e t bi .ld the oUggawliculvert for both:.:.iequz d..s orw voI'trie::;and:the>:< dth.;;of:::the::::future::<:str:.eet::::€r::::::de' sit::><witb:::the:>< i.y•funds e ual C. OFF-SITE WATER: Weser facilities will be installed in accordance with plans and specifications to be rrepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 17C, and shall be responsible for all construction costs, materials and enE veering. In the event that certain water lines are to be oversized because of Ciry requirements, the City will reimburse the Developer for the oversize cost. D. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (SUe•division Ord.), Article VII, Park and Recreation Dedication Requirements. The Addition consist of 55 lots for a total required park fee of $27 500. However 'n onsideration of e amenities to be installed in this Addition, t L�eel er ha requested 50% edit toward e require p fees r a resu dng fee o 1' :' The Park B rd sidered ddition's - st for -9- 496 -// credit at their NONdotiiigii4955 meeting and recommend to City Council that the credit be given. The Council, hereby, grants a credit for a resulting required park fee of'UMW for this phase and is payable to the City prior to the beginning of construction. E. PERIMETER STREET ORDINANCE: The Developer agrees to pay the Perimeter Street Fee of $50,000/mile, in accordance with Section IV, Paragraph B, sub-paragraph 2 of Ordinance No. 494. Approximately meym feet of the development abuts on East Continental Mt which will require a Perimeter Street Fee of$.00:59 91 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sanira LeGrand, City Secretary Daze: • -10- fad6 -/Z _ 7\ ' ' � November 9, 1993 m Public Works Dept . \ City of Southlake 667 North Carroll Ave. Southlake, Tx . 76092 Dear Sir: I have reached an agreement with JBM Deve! :zma-t Corp . for the re-location of a stock tank (pond) locs�eo zn the eastern boundary of my property. JBM will pay all expenses associated wit> 2-1zoatin� the stock tank. I have reviewed the relocatio- : I 7s �it!� JBM and am satisfied with the agreement— , - Bob Ma iott - �� • -77-3 (7 87 ( _Thr • 411111 Ilir November 16, 1993 1111 Planning & Zoning Commission Attn. : Karen Gandy City Hall 667 N. Carroll Southlake, Texas 76092 Dear Ms Gandy, Upon speaking with you by ohone today I decided that I wanted to bring this letter to your attention to be on file for the City Council ' s consideration tonight in regard to the property on the Northwest corner of Continental and White' s Chapel Rd. in Southlake. I am very much opposed to :he commercial zoning on that corner. The City Council has obviously given prior approval to a commercial zoning across on the Southeast side as a sign has been up since we purchased our home in Timarron for a six acre commercial development. We did not buy on Bent Trail Drive and we had seen a house we liked because of the commercial development being a possibility in the future. I wonder how many people will want to be adjacent to a development in the newly developing areas across and beside this area being considered for re-zoning. 1111 The four way stop at that corner can be very congested already during the day and especially at school dismissal time. Adding 'a shopping center across that corner will in my opinion add a dangerous traffic situation. We have experienced as well when more and more cement is laid and a large rain storm or continuing rain arrives . We know how homes can be flooded. Our area _n Tulsa Oklahoma had to have 12 homes taken out because they had two "100" year rains within four years and had several homes severely flooded. I hope as all of this beautiful ranch land is developed that someone is taking the drainage into careful consideration as all of us have a lot invested here. We bought here because we like the country feel and didn' t realize we were going to lose it before we had been in our house a year. It was not good news to me to hear that a "Master Plan" calls for a four lane road in the area I am addressing. Talk about losing the country feel . I feel very sorry for the people who live along 1709 and now have the road in their back yard. To me a "Master Plan" also includes how people have chosen to live. If you continue to allow commercial zoning on every corner of every development and thus cause more traffic and thus need wider and more roadways that is not how I want to live. 1111 The President of our development corporation at Timarron ask me Ilir in August how I found the shopping and I answered we have enough! III That will continue to be the way I feel . We moved to Connecticut 20 years ago from Tulsa and complained at first that we had to drive two miles to get a loaf of bread. Believe me, it did not take long to appreciate why the zoning laws were so much stricter. We learned quickly the joy of retaining a country feel and being far away from the congestion of shopping and traffic. And, of course, then several of our neighborhood friends were flooded out completely in our Tulsa neighborhood due to another shopping center being built and no place for water to go during heavy rains and we felt lucky to have missed that by moving. I could go on and on with reasons of safety and appearance, etc. but I have already taken too much of your time. Thank you for any consideration you can give my opinion in this matter. Sincerely, `i t._-GLe 4.9PY--Zc"--� Carol A. Hatch 1685 Bent Creek Drive Southlake, Texas 76092 4110 NIIIRrr FriT 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 ./ pu,, is purposes,, then t, e Boa `3 "'f.` 'Directors shall , i' fir' 4 ,. fj convey suchi r► .- o T'� �' on t t "t r ' ver/i ,' b. ,i7: f the City and shall petition t ': 0 1,;v. -"` - k.f,40. .1ic' ccoun '" to cease the levy and collection of the sales tax and any nit �. : in.' the Corporation thereafter accruing shall be paid to he Cit_k`'•MN Regard' s s of any N. other provisions of these articles ,.r the law': of the S '.te of Texas, the Corporation shall not: 0.) permit .a part of thy net earnings of the Corporation to insure >zze Ito the benefit b_� any private individual (except that reasonable compensation may be paid 410''' ' ''':,*persona Lservices rendered to or for the Corporation affecting p . p one `or' more of its purposes) ; (2) carry on propaganda, or e e rwise .ttemlt to in: uence legislation; ;,.articipate in, or interve► i , i .�x°n� .ublication c'- d� 0 4 4,4t . okt 4, .utio of ' e nt''s)'; 9 y .olitica ` campaign on behalf of any candidate for if public off ' ce; or (4 ) `` attempt to influence the outc.me of any spec Vfil pux.if i electio o'` ',,� �. ta) . , 1 , di--ctl +or % ndirectl S -. ..' ,Cie. fleA ,, -*,, ,f r:' . gyp•.• ,ti4 ' .f '' r {'' any vc� 1`�r re t�' ih-on 1 r ,. x , icy ..,. A ARTICLE FOURTEEN If the Corporation is ever deteLwined 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: 4111 l:\tilca\mini\alakc\a ticica_rlo • 10 a^lc[RT ,r' pledge or assignment of property owned by the City is prohibited. r ID ARTICLE SIX MEMBERS The Corporation has no members and is a nonstock corporation. s E ✓` � .R SALES TAX +' Upon receipt from the City of the proceeds of the sales and r. use tax imposed under Section 4B of the Act, the Corporation may I': use the proceeds as permitted by the Act as now existing or as may 0 be amended. f _.. • k i iii 1, , sl AR .; : ... t G .: '0 r. ';'=i'vi ,;,:t' These Articles of ncorporation may be amended at a y time a, i ' 'prov ' ded in the s , to make any chang:. %t, ,,5,.• s. t 4 f X r� " wh i" ht have b ,'r ) luded # . Ar , 1 . -'' r -fi ora •fi: N, ,NC i • . �:'%'` I the first instance. Any amendment may be accomplished in either of '-h-ri '.11owi 'rJ nanner u Ary{{. k`'h f..l a s +~ a , a The - embers sf the Board o , 0irectwrs of the Corporation shal file w ' h e. overn • . � � g � ��• body of the �ity ,�^ 'a written appl ', ion 'ion e. i appros a �� j_ ,� n t. ,< '': e Articles of Incorporation, specifying in such application the amendments pro ' .s 4eade. T� _ i ouncil 'lE_y '4110.y. fir' d 0 ..1 5, a.'; a on an.•" if it s ,'r . 'a::' : n o ,dinance, .....:.:.:.:.:.:.:.:.:,............„...:. duly find and 'determine that it is advisable that the proposed amendments be made it shall approve the form of the proposed amendments. Then—the S:hM Board of Directors of the Corporation may f:\£ilea\.uni\alaka\articloa.rlo 6 - it¢, . .01 ;`, the regulations and limitations t--herein setol rt i:'':in<S o x:onmB'°of the Act' rovidein:;:however`,,:that the:;:::Corporat<ion::may: ;not. underttake v s ecifaic:.:<. r:o;:.:ect: or::<::: . .pe :o «general1?r >::e that°>: s<> au;: side s>the . ...... ............. .......... ........:...:... �:::':4.CC-5.,.:.,...l::.i.�':::C!:..isi.:}'ii:;:e:;.'':}'.�.:'.ii:e.;j'ii:::::i:i:'::::<! ::�::::..:,:.. :.::::";:.:::!.:iiii:�..i.,:i':i'::i::i':''.:i�':'"�:.:i.ii�'i::<!':": sco e» of::<::. ark:>::and::>:recrea .;'onal: facilities:::>as:::::>:s ecif t all:: ::;::<:se.t:»:ou:t ,N; in then' AntiMAWunles:4....tfa;;<:eM>:.... O. n. 1<:: sh:nI:>fit. itw:anow::><th , voter. ;t iN;A.t.e>::an::<:a:941.4' :0gji r .'§M.M.can:<:::fo <:< r>:::a:. :aor:iggit za: :«::o :e. f c 1' i ro eC.t`:�:br:::>:>ty e:>:::of::::..�� en.era`I::<::< 'o>':e. t. The::::::-Cow<prat on:<:as:>;;auth.oriz.ed ... :. :n•. ::'.:::::•.................. ., \...,. :):'•i}i:•i`:•.!J': • ;.•.Y::!�i:.iii'.ii:'.::::i:•:�•iS.i::.:i.>:�.:::4:N.?iii?ii.iii:.i}i.+Y.:i:!-`:ii?: :.::.i�: to sstie�»::bonds>:::as:<:><::..erm ttecl«: . :::the:>:>Aet>�<:a �rovrdea::::ihoweve �;<< :Nena bonds may be issued by the Corporation and no project may be �. f ' • a;a:A ° -. v : • oe i ceds or other revenues of the Corpora o unless such bonds or projects are first approved by the governing body of the City. The Corporation is a constituted authority and a p/ . is instrumentali :A .it ''"""�4,�he mean . e re• 1, 'ons f 4 th . ,Ins tes Tr-asuryDiartment d e ru n••_ i' IIIn ernal Revenue Service prescribed and promulgated pursuant to Sec • . s07 and 141 o t ter;, ',,; Reve "o o ,_, 7 o „8,9', as amen.. d , e Corpo prat u ho' ized to act on behal / of the City as provided in Articles of Incorporation. However, the et Coroo 2`, rp o , �"" t z,.,,. i ),a, ` u� d vision or political corporation of ,fie e n te o T xas w h the meaning of its constitution and lays , 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, 110 L:\fllea\.uni\ulako\articloa_r10 3 • r ! 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. 40T. , 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 P • ti ,f ' of the following manners: 4 • (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 la pp-r-epriatc �cs©1 en and riance, 1•' .....::.:.:...: ...... .. :: duly find and determine that it is advisable that the proposed amendments be made it shall approve the form of the proposed amendments . Then-the Board of Directors of the Corporation may f:\filna\muni\elnko\articlon.rlo 5 .ye / / 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 , 0 (2y • The governing body of the City may, at .its sole I ' 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 k any limitation provided by the constitutions and laws of the impairment of contract entered into by the Corporation) by w-t ei , -e-solution 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 illi 4 the Secretary as of State provided in the Act. ., h'° RT LE PANE 4 , f r f® $ ""�^ :x ,�:. �� +a a �, The st eet address of the initial registered off ' e of the +A % � ' Corporatioi8 % Nortr t . ►i � ` eTlL .092 , . aJ } F kl and the name of its i itial registered agent at that adt' ess is lif Curtis Ilawk '• '. , igib / ,4 ' t :' 1 . 1P , 4 id!, .., i 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 IIIf:\filci\muni\alako\articIaa.rlo 6 'A l i'3�r'ryt- Viz;S �i`�� ;. 4t411, T 1l :'L i ly� "�� Each director, is and must be, a qualified elector of the City. 1110 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 team. The officers of the Corporation shall be appointed by the board and shall include a president, a secretary, and other officers that the City Council considers necessary. 4111 (d) The board of directors shall elect a president, vicc secretary �n > Sri > Q� � gg440r4 <: At »th : 4 . . Council- cons aa ie 0.#wy1 to serve as executive officers of the Corporation, as more specifically provided in the Cor.oration ' s e-nd ' 4 04 By-laws . The term of eac $o ,. i .01,. 4'�11 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, Articic G2;-2-17 , r-e- i°s—ie-m-a-s-ivy-1- &t-etutcs Tek4g ##40t4P044HPbatROA, and the Corporation is subject to the Texas Open Records Act, Article G252 1-7-a, kLer-nenA-s-Te-xcl-s-C-4-v44--Statutco TO. s ;>Gav' 'r'lnerit> od Chap 'et-5:5> . 110 f:\files\muni\slake\articloa.rle 8 7 -/a.. . w ARTICLE ELEVEN INCORPORATORS • • The name and street address of ea!,.'-1 incorporator are: f . :1: d, :4 :.,',7ip_.,(;;s' .';', -mil 111 itl' 1,,,jr,-,?!:-'. i, 0. .; .,,,.• 7 .;,,,,,; , ', •, tfr'' ,..- ,t , ,, jf f_ k •,,c� • n, • -porato ' is a ,,.u. ^ ;, ed a ,: -� '0'e „►f ,� he '.ty, . 1 Y i'l f ARTICLE 'TWELVE CITY COUNCIL APPROVAL t.r 4'N` t ®` 'r Q L ;k '} h it, t ha 1Y.;r ically th• v+ zed t ,, ^ C. p ion by • ' r. `nanc=• t. ac o�' 'i behalf to Further the public purposes S i' s- , - - J,;« ., • t a C ` and thes ' '''XArticles of� "t' ed �' k ti -Ai p. f 'k ./ z. '-, a= • t e i =y has by said '== : - ' art '4'`d'i'idnc:e, dates approved these Articles of Incorporation. ;' • _ _ v ARTICL THIRTEEN — Gi { RESTRICTIONS g, No dividends shall •ever be paid by the Corporation and no part J 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, 1. except in reasonable amounts . for services rendered. Provided that «I if the board of directors determines that sufficient provision has • been made for the full payment of the expenses, bonds and other 1110 L:\Lilco\muni\aLako\articLoc .rlo 9 • -/3 1 N r .R 1.+y tWif,Y ` ` obligations of the Corporation, then any net earnings of the 41, 1 Corporation thereafter accruing shall be paid to the City. .:, x,.•;x-. event the Board of Directors of the Corporation s a • - 4, mi .'', , f th fficient rovision has been rn de for the full pa n ;,� of.the ' e f•�ses S • •yy .n•• . i r. •;,y0.�', ,4".t' 'r > iF +rporat !.t x . oer 1". finan , ,y • . ,� e.,;f„. ,o .4, ,eh. , ',''"' B . d of Direc ' r..,. sh 1 conve such information to the governing bo ,,,,,,,,co the City and shall t. • itis'n he C•p •t + °•117 - of Public; Account ri..'% r•' se A a levy and 4,, c ec. o st .3 =_ tax • .r y net ea ': .:,. . -,- o .:_ on :;:,:, thereafter accrui {; shall be paid to the City= ` • ',,less of any . k ; ro s '•t1ns -'o r. t"'"se articles or the laws of ` oth w e State of. Te .'• - ;k'4:r• ra• ,'.n shall not: (1) peLtit any part of the net earnings of the C i:rporation to insure ?3i zre ito /the) benefit toil any private individual (except that reasonable compensation may be paid for personal services rendered to or for the Corporation affecting 0 one , more of its purposes) ; (2) ; arry cn ... ;.A•c=•aganda, or o . W- t i- t -. .'" .'.,to influ ' ,-,- 3" ;-.., ion, !3 par ,' i:: �" in, or I. 4 .2 et n 4.. cludin•3 ''` e ,ublication J. or .i -Xs ib.' ion of tatements) r any political campaign on behalf of any candidate for publ ',., • ficr ; or (4 ) attempt to influence the outcome of any .14 ' s i,,, ec ,` on , • : . �4 spr" ,r'ic puce i y on, directly or indirectly, my o*te ,°'efji qi ,,c .z iv ,,i• • .` es R 5' 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: 11, f:\filca\muni\alakc\articlen.rlo 1.0 7 /sue J SECTION 5. 1111 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 . i It is hereby declared to be he intention of the City Co nci Y ,./e 41, tha the hr ses, sen a a /en graph i t ord na a s erable, lid if any phrase, clause, sentence, paragraph o s..ction of this ordinance ?ha I be decl. ed / 1/ A , . un r• t 'tu i .„ the Va dfime. -' or j ecre i. f _ Z co +e ent jurisdiction, such unconsritutionality 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 0 f:\files\muni\slake\ordinanc\devcorp.ord ' 3 7 -k5 1022, § 2 F�srd LEG LAG •S1 ON • ••::... . FPF:h. aewaga-e m.]The corporation may undertake a project the primary purpose of which is to . 0, provide: • (1) a general aviation business service airport that is an integral part of an industrial �k; or •'(2) part-related facilities to support waterborne commneroe(f-or - • ' • • ,• -.. ''e" j • • _ •'`� • • (k) On petition of 10 percent or more of the registered voters of the city requesting an •:.`(° election on the dissolution of the ration, the govern ing gov g body shall order an election on '''" the issue at the neat available uniform election date that is not less than 45 daps after the ? '::'�" date that the petition is:Ned. The election must be conducted according to the applicable ! ..--a provisions of the Election Code. The ballot for the election shall be printed to_provide for I,'i voting for or against the proposition; `Dissolution of the ' (name of th . e ''' corporation)." If a mu1ority of voters voting'on the ire approve the dissolution, the • : •2 corporation shall continue operations only as necessary to pay the principal of and interest on •) •• i� its bonds and to meet obligations incurred before the date of the election and, to the extent , ...:", practicable,,shall dispose of its assets and apply the to satisfy those obligations. I r . • When the last of the obligations is satisfied, any remaining assets of the corporation shall be transferred to the city, and the•corporration is-dissolved. A tax imposed under this section. ▪ •, may not .be collected after the last day of the first calendar quarter beginning after 1 - '•W • • • • . 1.0,[I 4'P • •_ 1]. J: .,••r.. is .•• I • : the last•of its obligations is ea a:freed. - ` (n) At.an election called and held under Subsection (d) or (a) of this section, the city may .;•.• ' also allow the voters to vote on a•ballot proposition that limits the length of time that a sales • : and use tax may be imposed. If a city elects to limit the period the sales and use tax may be imposed, there shall be added to the end of the ballot proposition prescribed by Subsection. • ..'�; (m)Illr of this section; "to be imposed for _ ••years"(the number of years to be insertedas .• •'::',. ; appropriate). The governing body of the city shall set the expiration date of the proposed tax •:. •.:•.• t® occur on the appropriate anniversary of the effective date of the tax. A sales and use tax ' imposed for a limited period under this subsection expires on the date set by the governing •.;' way under � tied. a ur un up cauu= •w u, L,j ss u.�..+Iw .....r W.,. ,,... u... .., .a L. .. .•' election held In the city, the tax is repealed. 'If an earlier abolition election is held, Sections • 821.102(a) and 321.402(b), Tax Code, apply to.the date of repeal. 'A tax that is approved . =••: . without a limit on its period of imposition is effective until repealed by election. Before the •_ ,y .. • 60th day before the date that a tax is to expire;the governing body shall send a notice to the '•'N,.: • comptroller stating the expiration date of the.ta;c:, 'Revenue collected after the expiratiom•of.. .11.‘-`7. the tax from the imposition of the tax after Its expiration date shall be im/Danda l by the state •.' . to the governing body to be used to pay current bonded indebeedness.of the municipality. ; . :2. ].A municipality that has osed a tau under this section'may `�" . p p air hot extend the perm_,:• ..:41-1: ' of the tees imposition or reimpose the.tax after its expiration-date.' If a city reduces the rani ' ii4. • of an additional sales and use tax ender Chapter 32r, Tax Code, to repose a tax under-this '•• section for a limited period is provided under this subsection;ttnd does not have an election to •. = :4 chafe the rate of the additional sales and use fair before the exgsiration date of the tag taei': '::�( • •uua mecum', ute raw ui wee ual.dnduumi octavo cunt•.o0 L . .a...l... (J..�ll....0111 101(L),�11e o_.17,1ri.• : t • Me•c1ny W aldf pfuvsks. tu.c us w••c..L au us.o ......R. w...•..a.. .a..�........1 ....LJ_ IL __ill.• U7 •• was adopted on the expiration date of the tax under this section Without having'to hold!ah • :, election under Chapter 321, .Tar •Code, to impose the increase in the rate. . •. - .f.,-, .:: gif‘ A . • it. r-------- - City of Southlake,Texas MEMORANDUM November 12 , 1993 CITY MANAGER i TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, P.E. , Director of Public Works SUBJECT: Sewer Service Letter Agreement between the City of Southlake and William Dalton. Property location: Southeast Corner of F.M. 1709 and South Carroll Avenue Attached is a Letter Agreement for construction of sewer service to Mr. and Mrs . Dalton' s property at the southeast corner of F.M. 1709 and South Carroll Avenue. Mr. Dalton is in the process of selling this property to a developer for residential development . Mr. Dalton has agreed to assume all cost and responsibility of installing the sewer service, which will be served by the existing S-6 line, and will therefore, be entitled to reimbursement for the oversizing costs of the line as defined by Ordinance 493 , Section IV, Article V, rather than the Developer. (Oversizing is necessary to accommodate future developments within the basin. ) He will also be eligible to receive a pro rata reimbursement from other S developers who may connect to the interceptor line within 10 years of construction of that line. The oversizing cost reimbursement will be paid to Mr. Dalton from the Impact Fees, which are collected from the builders prior to permitting the lots in the development . The City will reimburse the oversizing costs over a five (5) year period, in equal annual installments . Should other developers connect to the proposed interceptor within 10 years, Mr. Dalton would receive a pro rata reimbursement as outlined in Ordinance 493 . The pro rata reimbursement shall be funded through the Impact Fees collected from the builders when the subdivisions are developed. The City Attorney is reviewing the Letter Agreement and will have comments available by the Council meeting on Tuesday. Please place this item on the November 16 Council Agenda for their consideration. Please contact me if you have any questions . 6/411X6141-44,1SL Bob Whitehead, P.E . Director of Public Works 1110 BW/lc Attachments : Letter Agreement c:\wpfiles\devagree\DALTON.mem /Cc—i • November 12, 1993 N William and Dorothy H. Dalton E.L. Dalton Company, Inc. P.O. Box 542257 Dallas, Texas 75354-2257 Re: Agreement between City of Southlake and William and Dorothy H. Dalton for Sewer Service to Property located on Southeast Corner of F.M. 1709 and South Carroll Avenue Dear Mr. Dalton: Concerning the above mentioned property which you are currently selling to a developer, this letter will serve as an agreement between the City of Southlake and yourself regarding the sewer service which will be constructed to serve that development, ForiO4.1:000 f thi :::.��<":•`:::11'.;.:.�::.:�tl::<:>:..:;:::::;;':::: ..::.::;:;..::.:;::::.;:�:'::.:;:;�.:; .;::..:;�:,.;�::.::::..::::.:;::;:::��;�.. .....E.. t.... t�' `e 'eht :>::>::>C� :.;::><::>:sl�al�::::>refer:::::ta:::> il;>:::::a :>:�csuthlake>::::a�d::>:«:S��u�el. vv. l..xofocta......c�t ....a. . ................................................................ assigns ::enef c-aries what else WKO??? As we previously discussed, the property will be served by the existing S-6 sewer line. Timarron has agreed to allow you to construct the line from the existing S-6 outfall line through the proposed phase of Timarron, east to Carroll Avenue at which point the line will be installed north on Carroll to your proposed project. You have agreed to install the interceptor and will be responsible for all costs associated with the installation of this line to include, but no limited to engineering, surveying, testing, easement preparation, easement acquisition, and inspection. The line will be designed and constructed to City standards and • specifications as the City Engineer may determine are appropriate. Trench detail standards have been amended for this development as per your agreement with Bob Whitehead. Other terms of compliance are: I. The Developer agrees to pay the City a 2% Administration Fee required for internal departmental reviews, construction plan reviews and administrative processing. The Administration Fee is based on actual bid construction cost and payable to the City ' prior to construction. II. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground utilities. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. III. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City of Southlake and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. • William and Dorothy H. Dalton Sewer Service Letter Agreement November 12, 1993 Page 2 IV. On all public facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his own construction contract prior to construction of each phase and based on actual bid construction cost; - b. Trench testing (95% Standard); c. The additional charge for Saturday and/or Sunday inspections;and d. Any charges for retesting as a result of failed tests. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard). 1110 V. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. VI. START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment bond submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Approved for Construction" by the City Engineer. 3. All fees required by the City to be paid to the City. 4. Developer's Letter Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general • /Oc-3 Pr William and Dorothy H. Dalton Sewer Service Letter Agreement November 12, 1993 Page 3 liability insurance, naming the City as co-insured, prior to commencement of any work. VII. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. 11110 irr William and Dorothy H. Dalton • Sewer Service Letter Agreement November 12, 1993 Page 4 D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. The City Engineer has reviewed the plans and determined that your development should be served by a 12-inch line, in order to accommodate future developments in that basin. Therefore, according to Ordinance 493, Article A, Section A., you are entitled to reimbursement for the oversizing costs for the difference in cost of a 12" line and a 8" line. The City will reimburse you the oversizing cost over a five (5) year period, in equal annual installments. Under Ordinance No. 493, you will also be eligible to receive a pro rata reimbursement from other developers who connect onto this interceptor line. The eligibility for the pro rata reimbursement will be for a ten (10) year period. After reviewing this letter agreement, please sign below to indicate your acceptance of these terms. Sign all three sets and return to me. I will have this Agreement executed and return an original for your files. Bob Whitehead, P.E. William Dalton Public Works Director Property Owner Curtis Hawk Dorothy H. Dalton • City Manager Property Owner ATTEST: ATTEST: City Secretary Approved as to form and legality: City Attorney cc: LouAnn Heath, Finance Director 11111 c:I wpJilesWevagreelDALTON /De- 5- "4>Chatt In. ems % ra't040,8 , 00 ate° IaS -S `o 4 All, =1'"� = XX N07 �_Sr�(11 / nf, e�G.• \ .. ' IS (il J 4 L..�I- �° Ito .,; ,eon t • ......I,'y ,,... - j �,� ;at t : L. ..`i -' ra v ( 1. 0 „ . am 'w / I �' x .' at'i ` , 1" ` 1 _ _ ,___:_,:i„,• , ,_,.._J i-,,. ..,-_.„...‘, • J�S'30 � a. dS .` of.- ,a 11�I u l �7 .a z n...aan. ; p1N-- • LI------T-..... , !,41,,k itil.__Vi••).£11.7nO3 k , ...... ,, .., ."... — ___„\.. ..... ,.... , „ k_.. ...s- II i ....,)_- .,..„- . .0.0 - _,-,7., ,„„, ',:4 s .1;� �l • art •— % I"l y. ' I-.- - "1- " it - ,• At.f• ..1....., ...4 is N-, • - . 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