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1993-08-17 CC PACKET City of Southlake,Texas MEMORANDUM August 13 , 1993 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 93-50, In Support of Option 3 School Finance Plan The School Board of CISD has asked that Council consider a resolution in support of Option 3 of the School Finance Plan. Attached is Resolution No. 93-50, for your consideration under consent agenda. sl City of Southlake,Texas RESOLUTION NO. 93-50 A RESOLUTION SUPPORTING OPTION 3 OF THE SCHOOL FINANCE PLAN WHEREAS, in response to school finance legislation passed by the 73rd Texas Legislature, the Carroll Independent School District (CISD) is required to select options for lowering their taxable wealth to $280, 000 per student; and WHEREAS, options available to this school district include: 1) consolidation with another district; 2) detachment and annexation of taxable property to another district; 3) purchase of attendance credits; 4) contract for education of nonresident students; or 5) tax base consolidation; and WHEREAS, the CISD school district board has selected Option 3 (purchase of Attendance Credits) as being in the best interest of the school district, its taxpayers, and students and have decided to seek voter approval in elections to be held on August 28, 1993 ; and WHEREAS, failure of voters in affected school districts to approve purchase of attendance credits will likely result in action by the Texas Commissioner of Education to involuntary detach taxable property from the school district or to order involuntary consolidation of the school district with another school district; and WHEREAS, legal challenges to the school finance legislation raise substantial concerns about the long term viability of the local options school finance plan; and WHEREAS involuntary detachment of taxable property or involuntary school district consolidation are permanent and irreversible actions that would survive a court decision holding the local options plan unconstitutional under the Texas Constitution; and WHEREAS Option 3 (Purchase of Attendance Credits) represents the least disruptive option for students, school districts, taxpayers, and the economic viability of the region; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. The -City Council of the City of Southlake urges voter support of Option 3 (Purchase of Attendance Credit) as placed on the August 28, 1993 ballot in the Carroll School District . Resolution No. 93-50 Page 2 SECTION 2 . The City Council of the City of Southlake urges that state officials, at the earliest possible opportunity, reexamine the State' s approach to school finance, devise a system that assures adequate state funding for public education rather than redistributing local property wealth, and define a precise equity standard in the Texas Constitution. SECTION 3 . The City Council of the City of Southlake shall distribute this resolution to CISD school officials and local media. PASSED AND APPROVED this day , 1993 . Gary Fickes, Mayor ATTEST: Sandra LeGrand City Secretary b:93-50.RES/ORD&RES/kb • 6'4 -3 01;;? City of Southlake,Texas MEMORANDUM August 10, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-48 Rezoning and Concept Plan REQUESTED ACTION: Rezoning and Concept Plan approval for American Aquatics, Inc. , being 19.414 acres out of the R.D. Price Survey, Abstract No. 1207, Tract 3. LOCATION: 2929 N. White Chapel Blvd. OWNER: Bill Massey APPLICANT: Michael & Dorothy Calli, d\b\a American Aquatics, Inc. CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "B-1" Business Service Park District AMENDED REQUEST: "S-P-2" Generalized Site Plan District for Tropical Fish Distribution LAND USE CATEGORY: Medium Density Residential BACKGROUND INFO: The applicant proposes to utilize the existing facilities for wholesale Freshwater Tropical Fish distribution and retail sale of related aquarium products. (See attached letters.) The "B-1" Business Service Park District is cumulative of all "0-1" Office District uses which permits up to 15% of floor area for retail use as related to the principal use only. NO. NOTICES SENT: Nine (9) RESPONSES: One written response: * Kenneth and Joan Sorg, 2825 N. White Chapel Blvd. , expressed no opposition to the rezoning and requested that no vegetation barrier be placed between their property and the subject tract. P & Z ACTION: July 22, 1993; Approved (6-0) a "S-P-2" district for a tropical fish distribution facility and related ancillary uses (to include retail sale of the related products up to 15% of the floor area) per the "B-1" district regulations, the concept plan presented with the application, and Plan Review Summary dated July 16, 1993 and recommending a waiver of all bufferyards at this time. The Commission amended the rezoning request to limit the use of the tract to only the fish distribution use and related ancillary uses rather than the entire list of permitted uses in the "B-1" district. COUNCIL ACTION: August 3, 1993; Approved (6-0) , First Reading, Ordinance No. 480-91, amending the request to "S-P-2" Generalized Site Plan District for tropical fish distribution as recommended by P & Z and subject to the Plan Review Summary dated July 30, 1993. Council further agreed to eliminate the bufferyard requirement until further expansion on the site. SPECIAL ISSUES: Applicant requests a waiver of all bufferyards due to existing trees on site and a letter from the property .owner to the South requesting "no vegetation barrier" be placed adjacent to the common property line. L1A'I - City of Southlake,Texas Curtis E. Hawk, City Manager ZA 93-48, Ord. No. 480-91 Page Two STAFF COMMENTS: There have been no revisions to, nor further Staff reviews of, the Concept Plan presented to the Council on August 3, 1993. The applicant has met all the review comments of the July 16, 1993 Plan Review Summary with the exception of those items addressed in the attached second Plan Review Summary dated July 30, 1993. M'W KPG/gj C:\CD\KAREN\MEMO\ZA93-48.MEM 04-02-1993 15:52 P.01 *#** AMERICAN AQUATICS INC. .. NM = \ 1420 SOUTH CARLOS STREET • ONTARIO, CA 91761 •6' TEL: (714) 923-6166 • FAX: (714) 923-6169 April 2, 1993 To Whom It May Concern: • American Aquatics, Inc. is a wholesale distributor of Freshwater Tropical Fish and related aquarium products_. to the retail pet industry. The function of American Aquatics is to. source different kinds of aquarium fish and related products from all over the world. We acclimate and condition and then distribute to retail outlets. We would need a facility with insulated and climaticaly controlled buildings to accomodate several hundred aquariums ` for housing tropical fish. Additional building space to house related dry good items and greenhouse space for the aquarium plants. Also space for possible retail. sales. Sincerely, nitddeellA Michael V. Calli, President • `73 06-02-1995,1S:54 • P.02 .aid' . ' - ICAN AVIATICS INC. '°r '1424 SOUTH CARLOS AVENULr - ONTARIO, CA 91761 TEL: (909) 923-616s • FAX; (909) 9 3•61$9 May 29, 1993 • To: City of Southliiake • Re: Bill Massey kx aparty . we own and operate a freshWater tropical fish distribution ' business. We sell •o retail Tropical Fish and pet Stores through-out the Un ted States. We started the business in 1979 in .Southern California selling to the local stores, then expanded to i l•clude other atatea, with) T+eXas:. being, the largest"we ship tm . . Because of our incceased out of state shipping, we found the nosed to estab]. sh a second distribution center. After visiting several o her states, We decided we liked Texas. Not only do we already service many stores in Texas, the Dallas/port Worth 'Airport makes it ideal for shipping to either states ai? well. In February of thip year, we spent a week in Texas looking • at available housipg and commercial buildings: in•: thearea surrounding the aiport. W® loved Southlake as soon as we saw it and decided. that was where we would like to live. Not only did we. li• e the ',look and• feel" of Southlake, the fact that it had t e best schools in the country was very important to us. While looking at available homes in Southlake, we happened to see Bill Massey' s advertisement showing an aerial view of his property for sale. It had everything we were looking . for! .Not only did lit already have an established business with buildings that would easily accommodkte our. business, it also had a beaAtiful home on the adjoining property. It was perfect. W could live in Southlake, send our kids to tha best schoo 'a, and operate our business. Being so close to the airport is an important factor for . /-- our type of business . We' deal wit '.'a: bi.ve•�•.product, and it can be critical a4 times that .these small, delicate and expensive lit:tl.e' f ish.• bo . picked up and acclimated as soon -- as possible. The came goes for shipping out. The less time involved in• gettir.g thim to their destination. the better. :. 06-02-1.993 15:5S P.03 WA pick up our shipments and make local deliveries using out own vans, so raffic in and out of the property would be light, no larg trucks coming or going. Our facilities are not open to t4ie general public, so we don't require a lot of visibility. A few of the local stores may want to visit and pick up', but stores usually prefer delivery. We do, on occasion, have schools and community groups come to the facility for educational tours, but our general day to day operational is very quiet. We hope this overlview gives you a general idea of the type of business we woi].d like to establish on this property. We are definitely' going to expand into Texas, and we do need to live close to our business to properly care for the fish. We would love to make southlake the place for both. Our business is very family oriented and our family la very communiL}� oriented. Thank you for yo r consideration to this request. if you need any more information, please feel free to call us. Sincere y, 61:40X Michael Ca e , P resident Dorothy Calli, V ce President °7/ -5 KENNETH & JOAN SORG June 25, 1993 Mr. William E. Massey P.O. Box 429 Grapevine, Texas 76051 Re: rrning Change Requirements Dear Mr. Massey: We .derstand that you are attempting to change the zoning affecting all or a portion of the property described on the attached Exhibit A to a B-1 Business Service Park District classification. We further understand that this new classification may require you to plant certain trees, bushes and other vegetation along our mutual property line on the south side of your property or to erect some other type of barrier between our properties. Please be advised that we have no objection to a change in the zoning classification as described above and we waive any right to require the creation of any barrier between our properties (including a barrier of trees, bushes or other vegetation). This letter may be relied upon by the Southlake city council, city staff and members of city boards with regard to the matters set forth in this letter. Sincerely, Kenneth Sorg Xe/n/vt4/64 Joan Sorg It. ROEMSON le 9 ,' ' 1 -- 1 -{ 7 / M 1 7 1 --- 1 1 s ,. ! 1 J. Naiad1>. / 1 ' N. T L71E13% n.nD. IICLE n " { 7 a u { 7T. LÀ - o Xt. Imo (� PRICE I 2{ "k `U { " n "I7 " If 1I I W. PRICE 2 , a,w.ar N� 7 114 'c \ )A { I' 1 ' " _IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�Iillllllll I \� L-- - REIS D. PRICE _E = 1111 = JOS1: b I E.E. ==:IIII'SE EE�• NA �, a?1`inl �_� I 1AE.31 En 11 Ihrtl1iiir 1 IIII 1 _-_.__----. r �l� QC:A ".I.7 I W. MILLS 1 '•IlliliY•I r I f Hwn. , mil ■IIIIIIIlllllllll�lllllllllll i 8 ti Tr, 111 111111111u111111111111 , '/ ►�,1 •'1 R Ci111111111111 II IIII11 ' T i !dl!l+Q DAVID DOUTHIT —• 11�• IOTI ` / • i `iymiII ' ;:[ I— ---- . i Ipwllnuuuli. DENTON 1 " PIIIIN,IIIIII• 1J. b0=1n�R�f 1 1. �Rl. fYd16l.S TARRANT _- , XZ— 2 - -W. �uEDLI 1 ,{ - 5.�.% 0. I,",,,�,,,, DANID DOUT1l1' L11 w „log fAja' • '``050- 1a !�s19�.11 , ►s ©moo \ r ti U. ' ' I J A 2A11111:111i C= r• w .w 7n w 27{ S _ ‘..N...13A .._ --• .-- A SA14 IQ{ . xiiiibc I 7 7A1 s 7h1' \ I 1 %l _.u._I v,ll , ©_ I KM , . 773 =16111i 1 xi ...,,.W �u �.0„ `` i rt DJAIiTIN I 'PP !"r1r p - - ,' ..,.,•I-177. I P IL 11V_ Yf��11Q� 1M I 7uI{Iy�H,m 1 m 7M•iY..,e� Ielo , 1 p II �A I iu r { 1 rAff rC.r f1 --_. I T-1,7.';1:1;W 01 , 045 I III -............ ,..., if Iiild ------ . �� j� �.as © I. ` , .� ,:i 1A70I nu n d"OPP -i WA IS I NemoEtsr' li Tell D _....„iy0 --1 \ la I — 1314 3- ,r{ —.noAIM I pip Ir I " w rc v wow ".p.r I s1 ,1111111 DIM TRACT LOCATION MAPt , , ly P I I 1 7 _I I " om`! r , 4II..rYYI laI ' A®3A1OI TR 4C ¢ 11 .:.i L1 J T 14 AC17co 9R p 10 1.08 AC TR 481 - r-'.J Ar,1R E0� 1 NF. . TR 4A1 A 1 AC TR 4A "AG" 3 .83 AC TR 2A2 TR 2A] 3 ti e PARK CITIES LIONS A I � Z I TR 3A1 r I 2.3 AC r MTP-.:M W. MASSEY ��0��6 fR2A4 J C'-PUD TR 3F 5 9 72A' TR 3A 5 @ 1 22 1A p I 4.3 AC 5.504 @ 11.896 @ 3.0 @ I I ( 7 "AG" "AG" SF-1 4 I 20 KIDWELL I I 9J, I I TR 3�1A 1 TR 3A4 I I J 4.2 AC yf I ei-PUD ��y 19p77 @ I 90 . I TR'.3A1A2 I5M CORP-ED WAITS TR 2F7 3A40 C� • 4.12 AC l�A AC 4.35 AC JCL TR 3BSB _� l` 0 .8AC TR \ 7 2F TR 3A4A International Bue.Mach. L SF-1 SF- 3A]A\ 4•47 AC STRANBURGER & PRICE T� 381A ' AC L^'�` ////: ?87 AC • 8.25 AC 2 39 AC .._.. J TR 3A3 MTP - BM Z PLANO BANK & TRUST \ j 5 AC / K. SORG GONZALEZ SF-1 / K. / "AG" TR 3B1 1 �•�'� _,—•f \ C3-PUD TR 3E I` TR 3A3A1 \ 6.95 AC __ __ _ _ _ _ ry . 12.005 @ N. - 14 - - - - - - \•\ �_ 48 / 1 I \�• fA 1 ID I SC 2 4A \ TR 3A3A SWEET.ST rr ET TR 1 I 4.99 AC '\ .... '.:.•1 -. • I '`S �A� -� 16 • AD JACENT OWNERS, -& _ZONING . i I City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 93-48 REVIEW NO: TWO DATE OF REVIEW: 7/30/93 PROJECT NAME: Concept Plan for B-1 Zoning- Request for American Aquatics, Inc. , being 19 .414 acres situated in the R.D. Price Survey, Abstract No. 1207, Tract 3 OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Bill Massey David Surdukan, R.P.L.S. 2929 N. White Chapel Blvd. Vilbiq & Associates, Inc. Southlake, Texas 76092 2720 Stemmons Freeway Suite 400 South Tower Dallas, Texas 75207 Phone: (817) 430-8380 Phone: (214) 630-1565 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 7/26/93 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED -FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1. Add site land use designation ("L.U.D. = Medium Density Residential") . 2 . Correct the gross acreage in the title block to reflect the 19 .414 acres called in the metes and bounds description. 3 . Bufferyards per the following summary are required. Delete the "*" by the West 10' Level B bufferyard since this level does not require a 6-foot fence. REQUIRED PLANTINGS IN BUFFERYARDS CANOPY ACCENT LOCATION REQUIRED PROVIDED TREES TREES SHRUBS North-934' 10' Fl* None 28 56 75 East-392 ' 10' F1* None 12 24 31 North-550' 10' Fl* None 17 33 44 East-556' 10' Fl* None 17 33 _ 44 South 10' F1* None 24 47 63 West 10' B None 24 49 65 * Six foot (6' ) Wood Stockade Fence required in addition to the required plantings. ' * Platting is required to subdivide the property or prior to the issuance of a building permit which expands the footprint of the existing structures . * All signs and culverts must be permitted separately. * Denotes Informational Comment cc : Bill Massey David Surdukan, Vilbig & Associates, Inc . - Ruth Smith a7A -9 1D► Laa AM Of MUM OINK OM) LAD..MOM MAW 9NO•mt IR7AE77..IIat t PA If. JIYL f4�A LAO.IA 9•�►BMW* n9rra CO'r 1134.157Aye a•ff •!Jl MOM 4 �� s-rsr0d n. MU Mr rt9I OArASO AMAOWM<n MAW la AA I1�•I♦ LAM fCYM►TWO 11 NIA Im✓�a91•r►ia 1 L L, �I� CC IOU�f iAY11 1 91 PA p sus WI LIM.1011 alma 9nabr9t - es �v. \ ctMrxr •.�.•AO .:1 . :. Ear 540.07 1 .\ a. iPnM�ta/,•••>Am y /� I ILIL 1 , \ • i t KIND OM AA �� It ti tiPPIliL s er oa err 1 uLa.roc err sna = i'-roa . o11•tw 9t AMA ''A' ♦ttM IL Y UM 9•R Y N•t A a II =MR rM CONCEPT PL4N FOR EP=2 FON Flgli DISTRIBVlION AMERICA AQUATIC, INC. 19.55 ACRES MOT 2929 NORTH }MITE CHAPEL ROAD 4.I. 014 s M r CITY OF SOUTSLAKE . aerwrr it rt• (oo a 94 91 TARRANT COUNTY, TAIGAS MCM-11117 trrI• ma n ON N OM,AW M 1.-04 AIM A a M AWN 1 le F14 NM 91 Q p . wow re• • Mg 9s 4 p •.9t At A7 DM/Stir Moo mobs/•slam t•9Y Iw+••>faM Mt 9C 9 �Nlr 4 w It •1 II my mom 0.1aarr am P.or MA AIM Ali arAMO 0...J\ CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-91 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 19 .414 ACRE TRACT OF LAND OUT OF THE R.D.PRICE SURVEY, ABSTRACT NO. 1207, TRACT 3 , AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "S-P-2" (GENERALIZED) SITE PLAN DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE ' ,, OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; ' PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "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 of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking C:\CD\ORD\ORD480\480.91 �/�-'I Page 1 v, r areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 19 .414 acre tract of land out of the R.D. Price Survey, Abstract No. 1207, Tract 3 , and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "S-P-2" (Generalized) Site Plan District for tropical -fish distribution and related ancillary uses . C:\CD\ORD\0RD480\480.91 7/1--1 a Page 2 The above-described tract of land shall be further subject to the development regulations set forth in the "B-1" Business Service Park District and any other restrictions and requirements set forth on the approved concept plan attached hereto and incorporated herein as Exhibit "B. " A revised concept plan meeting the requirements of Section 41 of the Comprehensive Zoning Ordinance must be submitted to and approved by the City Council prior to issuance of any building permits. 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 C:\CD\ORD\0RD480\480.91 Page 3 constitute a separate offense. Section 8 . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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:\CD\ORD\ORD480\480.91 ,,�A Page 4 I rr EXHIBIT "A" BEING a tract of land situated in the R. D. Price Survey, Abstract No. 1207, City of Southlake, Tarrant County, Texas, and also being part of a 24.55 acre tract as called in a Warranty Deed as recorded in Volume 749S, Page 1974 of the Deed Records of Tarrant County, Texas, said tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found for corner in the East Right Of Way line of White Chapel Road (County Rd. No. 3016) , said point being the southwest corner of said 24.55 acre tract; THENCE North 35 degrees 06 minutes 00 seconds West following the East Right Of Way line of White Chapel Road a distance of 834.91 feet to a point, said point being at the beginning of a curve to the left with a radius of 1580.00 feet; THENCE along said curve to the left following the East Right Of Way line of White Chapel Road through a central angle of 8 degrees 34 minutes 00 seconds and an arc length of 236. 24 feet to a point for corner; THENCE North 43 degrees 40 minutes 00 seconds West following the East Right Of Way line of White Chapel Road- a distance of 96.91 feet to a point at the northwest corner of said 24. 55 acre tract; THENCE North 89 degrees 10 minutes 00 seconds East following the north line of said 24.55 acre tract a distance of 934.20 feet to the northwest corner of a 5 acre tract recorded in Volume 564, Page 481 District Court 302nd Judicial District, Dallas County, Texas; THENCE South 00 degrees 02 minutes 52 seconds East following the west line of said 5 acre tract a distance of 392.00 feet to a point; : THENCE DUE EAST following the west line of said 5 acre tract a distance of 549.95 feet to a point in the east. line of a said 24.55 acre tract, said point also being the southeast corner of said 5 acre tract; THENCE South 00 degrees 02 minutes 52 seconds East a distance of 555.81 feet to a 1/2 iron rod found for corner at the southeast corner of said 24. 55 acre tract; THENCE South 89 degrees 54 minutes 00 seconds West following the south line of said 24.55 acre tract a distance of 788.12 feet to the POINT OF BEGINNING and containing 845,681 square feet or 19.414 acres of land. C:\CD\ORD\0RD480\480.91 7, Page 5 / , _ o EXHIBIT "B" Pq • A i U'cA(j ; . 1 0q53, a756 K a. rn 0 • 114 iat • d I =LOP a- .io o s /'''' ..igt � ! RV111110..:rik % Z.rei0.0g 11;iiii 40-'\\,,ram r' 4" ) $ li "gib 1 • 441 II iliii ( 2 1• 1 g II' i il .\.\ ix 1 ' /A . .40 14341 Iles I t bli 1 ; / 1400k ' 4, 0. b k k. ��E G� aft RriiQQ kl 11$! eeee Iletitka ii i ;, }. ph 44444. I PAPA! 11 - & City of Southlake,Texas MEMORANDUM August 10, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-51 Rezoning REQUESTED ACTION: Rezoning approval for 2.5067 acres situated in the Hiram Granberry Survey, Abstract No. 581, Tract 3J. LOCATION: 410 S. White Chapel Blvd. OWNER/APPLICANT: Mark Fowler CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family-lA Residential LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Eight (8) RESPONSES: Three written responses, all in favor: * John and Sharon Barmore, 381 S. White Chapel Blvd. * Lenora Herron, 500 S. White Chapel Blvd. * William and Cindy Baird, 380 S. White Chapel Blvd. P & Z ACTION: August 5, 1993; Approved (7-0) STAFF COMMENTS: The applicant plans to build a new single family residence on this site in the future. He currently lives on the site in a single family dwelling which he will remove prior to issuance of a certificate of occupancy for the new structure. Staff anticipates the submittal of a plat showing of the site which will be reviewed administratively. Mio KPG/gj C:\CD\KAREN\MEMO\ZA93-51.MEM C,� A U / I __ _ J' �ryV map,n c o.if a L' f v, m, ..c r Ggl jg: U F .. I D .' ,K1"1 A A ;i 1l1 i , _,dQO A / 1 m' ,mA a A 1 Y 00 r �. G£ 'A X CN 6 • MJ t1 t.t1 t.QA tq '� n MI ati ~ 1'�, :,, ', JL 1.A W r� ri g loquinkto btu Ciltaiia I-rommii cicist V. 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N H �j A y TR 1G g6A " 5 .,58 AC _ A nnY NO ✓�1CJ 3. 145 @ 1 ,,,N CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-92 • 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 2 . 5067 ACRE TRACT OF LAND OUT OF THE HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, TRACT 3J AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-1A" SINGLE FAMILY-lA RESIDENTIAL SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, .MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "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 of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading - spaces, and protection of public health by surfacing on all parking C:\CD\ORD\ORD480\480.92 ��J" Page 1 areas- to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 2 . 5067 acre tract of land out of the Hiram Granberry Survey, Abstract No. 581, Tract 3J, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "SF-lA" Single Family-lA - Residential . C:\CD\ORD\ORD480\480.92 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:\CD\ORD\ORD480\480.92 Page 3 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:\CD\ORD\ORD480\480.92 - _ Page 4 EXHIBIT "A" Being all that certain lot , R:ract or p.'rc.ti of land situated in the H. CRANBERRY SURVEY, ABSTRACT NO. 581 . Tarrant County , Texas , and being part of a 66 2/3 pere tract nl land conveyed to L.T. Cathcart as recorded in Vouoe 527 Page 114 , Deed Records , Tarrant County, Texas , and being more particularly described as follows ; • .Bl CINNLN.0 -at :an....i_ron_. 'r.0l. , found for corner, said point being called North 02° 00' East; 516.84 feet from the Southiiest'�coene'r of said 66 2/3 acre tract and being in the East line of a certain 115 acre tract owned by Richard Reutlinger, sane being 'the Northwest corner of a certain 1 acre tract owned by Gene F. Davis; THENCE North 01° 53' 50!' East with the East line of said 15 acre tract, a distance of 20.8..97 feet to an iron rod found for corner, same being the Southwest: corner of a certain 2.5 acre tract owned by Wayne E. Howell; THENCE South 87° 13' 05T East along the South line of said 2.5 acre tract , a distance ' of 570.40 feet to an iron rod found for corner in the West line Hof South White Chapel Road; • THENCE South 33° 42' 52" West, a distance of 21 . 23 feet to an' iron rod found for an angle point; THENCE South 22° 03' 00". West , continuing along the West line •of. said Road, a distance Of 197.22 feet to an' iron rod found for corner, same being the .NNortheast corner of said 1 acre tract; :.`•'THENCE North 87° 45 ' 00NL,West, with the North line of said 1. ac're . tract, a distance of 49.1 . 21 feet to the PLACE OF BEGINNING and containing 2 . 5067 acres -Of land . C:\CD\ORD\ORD480\480.92 Page S gQ E./ -g City of Southlake,Texas MEMORANDUM August 10, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-52 Rezoning REQUESTED ACTION: Rezoning approval for 6.00 acres situated in the R. Price Survey, Abstract No. 992, Tract 4A. LOCATION: North side of Bob Jones Road between T. W. King Road and North White Chapel Blvd. OWNER/APPLICANT: R. Craig Saunders and Elizabeth A. Rohr-Saunders CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "RE" Residential Estate LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: The applicant proposes building one single family dwelling. NO. NOTICES SENT: Six (6) RESPONSES: None P & Z ACTION: August 5, 1993; Approved (7-0) SPECIAL ISSUES: Note that the property has a lot width of 202' rather than the required 300' minimum width required by the "RE" district. The lot meets the minimum acreage requirement of five (5) acres. The Saunders applied for the "RE" district because of the flexibility it offered in the construction of accessory buildings (i.e. 5% of the lot area in the "RE" district vs. a maximum 1, 000 sq. ft. in the "SF-1A" district) . The applicant's lot width variance will be addressed by the ZBA on August 26, 1993 prior to the Planning and Zoning Commission reviewing the Final Plat. - KPG/gj C:\CD\KAREN\MEMO\ZA93-52.MEM 6- 131 • -f.• 1 ` \ ! , :i, „ tli till /;til 1. t,. vsti \ 1 ... , ,cet$ 1 e 011111440 OW tlailiat 00111r SO* V „,.------. 1, VAS* ; its;.a. Cori"1 Id F?4' ,t404t 0 t IV 014740.,, „ si Ai.„ .fts,„, „dor • - • .1P11.1.1.14-‘41k,— 3 silliir _ C., 5 **4 . . . \WV Wil: - - 4 3 ' / w , ,,,,,,,,,,,„, A \,., ,,, ..,.. 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I 10 0 C 8 3 - c::, q Q IGE SS N 2 A SuA 92p TR 4 9 A'.,.., TR 6 TR 5 4.98g AC - 5 AC 5 AC TR TR 3 TR 2 P.MEALS 6 C ' 12 AC 10.5 AC :P. Op12 1 10 ...% 'w • J.EVANS - - - - - '{ "AG" • "AG" I U I. i q b0 TR SS ' TR SO TR 9 TR 48 10 AC 7 AC J 6.079 AC' 1.02 AC Er 1 • Zz 1 M SUS QED 00 .,91 i TR ss -• - J.EVANS I AC 0 I N E.HENSON' O II N r� TR 15TR I- "AG" 3.261AC 5.5 AC II Y1 q TR 33 TR 12 TR 13 -J 3 AC 3 AC 3.83 AC TR 11 TR 30 TR 9 TR 30 I- 10 AC 7 AC 6.079 AC Ii 6 AC W A ��gg TR17 II -J p 5.5 AC I ' ADJACENT OWNERS & ZONING CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-93 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 6 . 00 ACRE TRACT OF LAND OUT OF THE R. PRICE SURVEY, ABSTRACT NO. 992, TRACT 4A, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "RE" RESIDENTIAL ESTATE SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND / PROVIDING AN EFFECTIVE DATE. WHEREAS, _the City of Southlake, Texas is a home rule City acting under- its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultrual under the City' s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation _ having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and- off-street loading spaces, and protection of public health by surfacing on all parking C:\CD\ORD480\480.93 g a- Page 1 areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 6 . 00 acre tract of land out of the R. Price Survey, Abstract No. 922, Tract 4A, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "RE" Residential Estate. Section 2 . That the City Manager is hereby directed to C:\CD\ORD480\480.93 88 Page 2 sy correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate • light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and• with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance . Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2, 000 . 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8 . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by.this ordinance but may be prosecuted until final disposition by the courts . C:\CD\ORD480\480.93 oe"6, Page 3 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:\CD\ORD480\480.93 88-7 Page 4 EXHIBIT "A" BEING A TRACT OF LAND OUT OF THE R.D. PRICE SURVEY, ABSTRACT 992, DENTON COUNTY TEXAS, AND BEING PART OF THE SAME TRACT OF LAND RECORDED JUNE 8, 1971 UNDER CLERK'S FILE NO. 7297, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: COMMENCING at the northeast corner of a 10 acre tract also being the northwest corner of said tract of land recorded in Clerk's File No. 7297, Deed Records, Denton County, Texas. THENCE South 89 degrees 49 minutes East 205.55 feet to an iron pin found for the Place of Beginning of tract being described. THENCE South 89 degrees 49 minutes 37 seconds East 203.20 feet to a 1/2" iron pin found for corner; THENCE South 1 degrees 34 minutes 03 seconds West 1278.31 feet to a P—K nail set for corner in the centerline of Bob Jones Road; THENCE North 89 degrees 48 minutes 15 seconds West along said centerline 202.25 feet to a P—K nail set for corner; THENCE North 00 degrees 50 minutes 01 seconds East 230.48 feet to a 1/2" iron pin. found for corner; THENCE North 2 degrees 02 minutes 37 seconds East 1047.96 feet to the PLACE OF BEGINNING and containing 6.00 acres of land more or less. C:\CD\ORD480\480.93 Page 5 11 City of Southlake,Texas MEMORANDUM August 10, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-53 Preliminary Plat, Quail Oaks Addition REQUESTED ACTION: Preliminary Plat approval for Quail Oaks, 6.00 acres situated in the R. D. Price Survey, Abstract No. 992, Tract 4A. LOCATION: North side of Bob Jones Road between T. W. King Road and North White Chapel Blvd. OWNER/APPLICANT: R. Craig Saunders and Elizabeth A. Rohr-Saunders CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "RE" Residential Estate LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Six (6) RESPONSES: None P & Z ACTION: August 5, 1993; Approved (7-0) subject to the Plat Review Summary dated July 30, 1993 with particular attention to the ZBA variance. SPECIAL ISSUES: Note that the property has a lot width of 202' rather than the required 300' minimum width required by the "RE" district. The lot meets the minimum acreage requirement of five (5) acres. The Saunders applied for the "RE" district because of the flexibility it offered in the construction of accessory buildings (i.e. 5% of the lot area in the "RE" district vs. a maximum 1,000 sq. ft. in the "SF-1A" district) . The applicant's lot width variance will be addressed by the ZBA on August 26, 1993 prior to the Planning and Zoning Commission reviewing the Final Plat. - STAFF COMMENTS: The applicant has met all the review comments of the Plat Review Summary dated July 30, 1993 with the exception of those items addressed in the attached second Plat Review Summary dated August 13, 1993 . KPG/gj C:\CD\KAREN\MEMO\ZA93-53.MEM Oe_-� 4. I 7.,1 (I ‹c, 1 '%%• i'•%•%,•Ji%•/'•i-' , ,1, , ! H. e 1 %i/ A/RvCV A-SQf I.G. WELCHER %, AAfKY A-JO, -Ti '' t ]I21110 7 { ��ii%ii/%;%/: �!;� ' ilistILT.2".. la CC X 2©P /' { 1 1 t .4.e., 13 _____ _—__ 11-_—S A I1 USA ' �f O a SA71 al e-- /A. no 3Gvli0(`1N II I 3NfKY 4-I'M0 ! I 1 / IP 4 l.e. 2 N lo I ----/ 5------—i -4 5—4 -- 3 7 4 v.:Jr „,„.1 7A 03 ," 1 / f IIRK - J.R. GA gGkJM 22 Y A-I660 . [71 Vx . (�C�lS D. P I l e 0a - .on6 _ MAD-- 11 10 ] ] 7 76 CA S { ] e06 JQ CIC3 110AD I /! ` 1 7 11 1 a 14 1 if I \` ` Il , H. \ I n" 7A M6 M//��I� d�y ' w \ \ 1 ] I 1 t7 t IA711L-d° �I/AFFIE U ji • 31/RKY A-V1f 1 L z' '° 1, 4---1 111 111 1 11 II u l Il l 11 I I I 111111111 I I III / '— 111.-.= --IwF11116• 231T = . I -------------- :Ill �i� i 2 1 2 IA I —� ?1. ��iiSin \-* I .l 7 '� �'I.IV r1�i Y 1 i�m - t- ■11 rel,CY -326 cil) I mi" MEDIUM Ili:fcii W. HILLS 11 A_13RA0 I 31.1104-l' A-.rn I_ 1 '. I� IJ511 ' 1 d IF`�1i1111H11 Noir11111 III IIIIII ' USA I 3LRtfl' A-16070 I 1 1 a 1 1111 le& ' 1 1 - - --/--- - -9 ,_,_, lil� DENTON J. HENRY 1 1 1A N. PALLS '° .I' 1 TARRANT SURWir A-742 - 1 / MARKT A-1086 1 117 �c ' 1=4*2 .9)64 \ -- -- xT ] 2 -- —W IE1 LLIN 7'' ®Q�91® ®O1�T�'i111 Al.h ' ` - �� .n It All `W 7A7 IAl 3ixK'i' A-s+I Ti ad P AD TRACT LOCATION MAPI �:��!� . � , 1 1 .1y� j K ,•- , , ,ir, i iiiimme 9f` 1� / V ulbre:* ,.. 1 J-. -s, 7 7 M.P/ EtilQG 11-1H/ ,.. I 1,1 M \. x ,1 ,.410 . 6 7 t i v • 5 "AC "AO". TR 9 • . 1 . 9.73 AC 4S �0,PA ARLINGTON STATE BANK i E.MOORE/ M.PRITTLE A�• 23�g0 TR 10 5 AC 5 E — — — — / 13 TR i j 9 �/ 4 7 2 AC W . • 711 I I SO 3 0 6 1 CC 1:::, 0q) lq) ' P AID o A ��A�g2p TR 4 . to 11 2 A"' TR 6 TR 5 4.982 AC • 9 5 AC 5 AC TR TR 3 TR 2 N P.MEALS 6 C 12 AC 10.5 AC I 12 1 10 I5a 1t*E0.l`+ • J.EVANS I qbO Lk) i 1 0 TR 48 TO AC11 " TR 10C 07 9 10 AC vvv 7 AC 6.079 AC 1.02 AC �Y M SUR E O - • I1 �,91 I TR 16 I + I AC O N E.HENSO.N�1 J.EVANSO II N O' 1 A� 3T263AC ' 5.5 AC II i 10 TR AC TR 12 TR 13 J 3 3 AC 1.83 AC } TR 11 TR 10 TR 9 q qf E 6TR AC i U 10 AC 7 AC 6.079 A A � RJ W � Y 5U 99 TR 17 �I A" 5.5 AC i ti - ADJACENT OWNERS & ZONING II City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 93-53 REVIEW NO: TWO DATE OF REVIEW: 8/13/93 PROJECT NAME : Preliminary Plat - Quail Oaks Addition OWNER/APPLICANT: ENGINEER/SURVEYOR: R. Craig Saunders and Elizabeth Teague, Nall & Perkins, Inc. A. Rohr-Saunders 915 Florence St. 9873 W. Valley Ranch Pkwy. #2104 Fort Worth, Texas 76102 Irving, Texas 75063 PHONE: (214) 402-0134 PHONE: (817) 336-5773 FAX: FAX: (817) 336-2813 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/09/93 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 . Label the portion of the Lot 1, A. Robinson No. 1131 Addition within 200' , identify existing zoning, and indicate existing easements . 2 . RE zoning requires a minimum front lot width of 300 feet . • * Denotes Informational Comment cc : R. Craig Saunders & Elizabeth A. Rohr-Saunders Teague, Nall & Perkins, Inc . n // I GRAPHIC scut Arum TR 3 JAI/ES 0-EVANS V.DOD P.4/41 DRD.0.T. E lr Ma 1 ZONING-AG li / t hell- DD 1L t ' I A-302D 114 14 • .IA YES 0.p.EVANS ----J / . IN I �� lunar- 1' bas'nNa—— ——— ——— I ZONING-AG * /� sTDac ��_—� — — --- r ( / Tux tz • - cr.....,...........,...... '2 ""•si` �>tr.. B,r• I y\...6 L xfDD• SAY.Dmrrnd A-113131R-11 a{l f - 4' .`I`\ . wra ARLWCTON STATE 6NM k I S/ BLOCK� 'Si'a Ga +a `"� _ Wig s (ROW T.RAGSDALE �'O Y.MI P.w) +% LOT 2 PRESENT . INC-AG r"i At.D.cT. r jZONIN• CHAN 0*RE' REQUE 1'• ¢ .. CLAN= III " SHED "�_ I i.EV. _I D.R.O.C. 1453 T P.De rua CO�c --.r't- rat .. • . - — VI tS o..rto II' r •6 PM Jar TR 4 V-0220 PLtEALS304 YA191 A-99D TR AB ^^ DJtAGTP 394 PANELS 2316 P.P.394Y�1 I Wt P.10 i2N Cr DFD.0.T. I V.1003 P.200 0.80.0.T. r7 HETES AND BOUNDS DESCRIPTION ZONING-AC S bn A 11ACC DI WO WI O VC.S MCC WORM AIMILAOO 1C.6Drll•2 CV Wtt Ifl ma.�r�D.11 Yea TM.ORR�i.0 LAIC �iOAA JAC YD.on Dim • 003441.421 a.1f'`..p.Ar W r.wear..+...al►12m.N r44 QUANTITATIVE LAND USE P.M CO dapr 34.rare C..4 N 12X.6 Not North SOdorm M Nvl..Wort were Or L..r.t Dewar M oilRL Pro,1•••A LAND USE 20N9IG NO.DWEl1NG CROSS KS DROSS ..4'MCC.pa.rwy1.OS 4lee ODr1a,r.Cod'loaD6 rl Is a!a M W Ur So AssUL1S DENSITY ACA£ACE MINf2.w8 1.OP n monk 4.1 20340 1✓r.lA'Yin M STE Yowl .M 1 A..w 34 kb*03�W W 1SAJ1 Yet I..FY Ad w r SAME rNC.Y f/-IA l all .ACrE 1mr w�t.M r.++..II. YE I rY SO dare.u w2w1.1.�da W.W W••.Mar..201.29 141 P. BOB JONES ROAD • •P-IC ar...t r am 1O43E Irk 004r...�N Was N srb W 23841114e1144 1/2'M.Y Our ir 1Kt Nr1'R n 2 dares 02.re4.21 mow...Cant 121110 YM Is kg RACE O .D010403 N amtdM..N s.MrJ r.ar4 0 PRELIMINARY PLAT NMI 1_2m1 2 FOR 3 WAIL OAKS ADDI77ON 9: BEING A 6.00 ACRE TRACT OF LAND OUT OF THE R. D. PRICE SURVEY, ABSTRACT 992D . CITY OF SOUTHLAKE, DENTON COUNTY, TEXAS /4, otrwal AS DESCRIBED IN VOL 2735, PAGE 962 7wFADI�� u+D PERwNs.INC. R 0. 0 ee.nd Db�� TA DEED RECORDS, DENTON COUNTY, TEXAS 915 RMENCE 9873 W.11864!Rand,Muni, 02104 !CRT 1ERM TOGS 70105 Toa. 75067 1y (617)-336-5773 (21♦ 402-0134 PREPARED JAY.1993 _ VICINITY MAP _ '1 "`D 6�"' SUBWITTEIR- 1.S ,,itY1®93 ij D TEAGUE TNALL AND PERKINS y dD +' * PRELIMINARY PLAT SHEET T3 .w l.Dacr Drum SATE 1 PRCAECT NO. 9l5 !l•r•n•• Str••t, Fart Worth. Toros 76102 _ 11� s No. REM90N BY GATE '® IUGtt NAt..'mom wt. DAR (6 1 7) 3 3 6-5 7 7 J .�ky�i.�'' QUAIL OAKS�an� 2 • ZA 09-53 1.3741 L (2 City of Southlake,Texas MEMORANDUM August 10, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-54 Rezoning and Concept Plan REQUESTED ACTION: Rezoning and Concept Plan approval for 2.1912 acres situated • in the O.W. Knight Survey, Abstract No. 899, Tracts 6D and 6F. LOCATION: 940 South Carroll Avenue OWNER/APPLICANTS: First Baptist Church/Southlake; Beverly J. Bradley, Trustee; and Rev. Falis Holloway, Pastor and Agent CURRENT ZONING: "AG" Agricultural and "CS" Community Service REQUESTED ZONING: "CS" Community Service LAND USE CATEGORY: Medium Density Residential BACKGROUND INFO: September, 1989, the City Council initiated the rezoning of the eastern half of the property fronting S. Carroll Avenue with the adoption of Ordinance No. 480 and new zoning map. The western half of the Church's property remained "AG" Agricultural. December, 1992, the City Council approved a Specific Use Permit (ZA 92-39) for two (2) portable buildings for temporary educational and fellowship space until new permanent structures are completed. The applicant is now requesting to rezone the western half of the property to "CS" and is seeking concept plan approval for the permanent structures. NO. NOTICES SENT: Six (6) RESPONSES: • .None P & Z ACTION: August 5, 1993; Approved (7-0) subject to the Plan Review Summary dated July 30, 1993, recommended granting the following variances: 20% reduction of shrubs within the bufferyards, a division of plantings between phases 1 and 2, and allowance for the one-story frame building to remain at its current location until the necessity of the fire lane. SPECIAL ISSUES: The applicant requests two bufferyard variances: 1) a reduction in shrubs by twenty percent (20%) ; and 2) plantings be divided between Phase I and Phase II. (i.e. when Phase II building and parking occurs then planting for that work proceeds) The applicant will apply to the ZBA for a variance to the fifteen foot (15' ) building setback requirement along the North property line to allow the new structure to align with the existing masonry building. The applicant requests that the one-story frame building remain where it is located and at the appropriate time be moved to a location behind the existing building or be removed _ from the property. City of South lake,Texas Curtis E. Hawk, City Manager ZA 93-54 Page Two STAFF COMMENTS: The applicant has met all the review comments of the first Plan Review Summary dated July 30, 1993 with the exception of those items addressed in the attached second Plan Review Summary dated August 13, 1993. KPG/gj C:\CD\KAREN\MEMO\ZA93-54.MEM • 6D-a 7 - 4. HALL a. r MI.UV. HALLO- NJ rii/, I.ut I I al I I _. iji E ADS tel ter* . 7j00%.. C M r-Il 14* — ,,y,M,..imepc P7o...i, - ilille erl . � ; .I it o THOMAS AHAN� a PM MINI ; I,':i ONE n 1 I ny .,,: f: •al I;_ ,g tuas. I`I ��,�, t� Pe,rpm r■■ x WE 1 a I♦Ia■■�. • xkali Ti;� I 1 :11111sT ma� 1 • 1 ,,or, f I NORTHWEST PKW1 v+� . 1 >a s ,r/ ` if Air 1I lir . t 4.. 1:*" _� _ la wit'ax4 11 s�tr. 0.9 xa c un.ws.r ma I '.. Y -44 1 r a[ a atrfr1\ Cat w a: = K, o.T I___0 - - 7C a a In a 1111.1 - �., rLAd ,n I Ni I a l x 113 j\ _ w au IAW a 1 0001 1 .1 1071'$ • . ri ik.- '' a' a ri x=I g l ,. ' 3 VIA aaeh JOF1! A. F�! MA I OW Of�EDIAH W. MIGHTSAM,,A AO I S aA as aaA as 9�"• I I 7 _fa`�__—__—__I __—__� r .I I / /..: a' � I 1 AM C 4. . . IVMc »_ ,�. a exJ.W. HALE ' ��; a, a I1y1 A w l ! MVT- . . at- as w1 11 m CAI e,ills te di NI, 1 ., C I ` 1,1)13134t1 r I ;�t ,,f,,Din 410 di Uw ' .r•- �I� eel E CI) `� I r I tt, ailCAST mlwortt aw 2A3_ J I P.R.. MOON b >A - I � IA '�— -rs +wKa LION F w J�= w M to .4.N. ±'�••Y s' u k " N ^- -1 ' ``�`‘ Ls. 1 I r I to I • • K i ti1iii ;; HALL Pil DLIG9 HOLLInMGSWO'TH an�� 1 ... Ma r,-een I I .. -_ S/ w i I �/ L eZ a as ✓O ` EARN '.I I t\ I .. I �i1TRACT LOCATION MApJ' �� " L-- ..,..: - see - — I Jowl... QI($s..i:1 �yO �}(,9 III 411. US 3 4, itiOUIrtUA s,.64*4 .4."• \• � it —fit �Vt""" P��"'fly dH.v. DAVENPORT I • -----1 flA Ali _, AM IAIA \ �, °III .:!. �v+E w CONSULT' r=. (817) 633P102 I j r'� TR . TR BAS ti 5.0 AC I SA2A s TR BAia .w SA28 1.0 AC - TA IA2C TR 2 TR BA2 2.02 AC -s TR SA3 .03 AC 35.0 AC 1 a TR BA 1.98 AC 3 TR "" .M Mn 1A2 1.139 AC IMo TR 8C1 TR 6A "AG" 4.0 @ 1 4.0 AC 7A 6A1 "POD" 1.0 AC ^ - • BEAR CREEK COMM. N. POND Si\`//'1 • a • Zji>n O E rr. SR @ !p AC 1 m P J �V�' //1\ •BEAR CREEK COMM. z S• AA609 "POD"• S.TV C ( TR 68 E" 11..0 BACC " pp• 19.37 AC .AC" CV 1 TR 683 I i TR 6F1 :27 @ 2.81 @ ,eo M. KERCHO TR IA ETA 662 43.01 AC b TR BC TR 88 1 .30 @ BEAR CREEK COMM. _ • "SF20-B" 895 AC 1.940 £ TR 1 .326AC "FUD" m rm I 1 BEAR CREEK COMM. 1 1 TR 6 TR 6E I 7.074 @ 2.0 @ I 1 ro • I l I I TR SAS I ) . 1 \ S .801 AC 11 .M rr. 1 asp ... .w .r M YEN-TAE-BLVO — (. rro rro ' _ ro m m UM 25 1115 14 II i 1 {�r II 1 oi TR /� 24 I�, t 13�/i I1 TR 2 TR 1 B1 I I�f1 1B2 a a i 1 �7 12 11 3 22A CF) 10( 1 1.0 AC TR SA 23TR IA 11 I I 4 1.04 2.0 AC UM 17.0 AC h.MU 1.05 rr ADJACENT OWNERS & ZONING City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 93-54 REVIEW NO: TWO DATE OF REVIEW: 8/13/93 PROJECT NAME: Concept Plan for "CS" Rezoning, 2 . 1912 acres situated in the O.W. Knight Survey, Abstract No. 899, Tracts 6D & 6F, being 940 S . Carroll Avenue OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: First Baptist Church J.D.R. Associates, Inc . Rev. Falis Holloway, Pastor 105-A Bedford Road 940 S. Carroll Avenue Bedford, Texas 76022 Southlake, Texas 76092 PHONE: (817) 488-8698 PHONE: (817) 280-9292 or 268-2483 FAX: FAX: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 8/9/93 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . * We find the applicant has met all the requirements of our previous reviews . * The applicant should be aware that prior to issuance of a building permit, a development 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. * Adequacy of parking will be determined upon submittal of the development site plan. A summary of square footage by use will be required to determine parking requirements . * All signs and culverts must be permitted separately. * Denotes Informational Comment cc : First Baptist Church J. D. R. Associates, Inc . gD�5 • '- TRACT TO =•=� — - 1 �v NORH BILL POND. Jr. AND WIFE. • ==- • " .as� ar n 7 CHERYL R. . 0. mac=_ iL- P. VOL. 7134. PG. 941. p.R.T.C.T. -_ __-:. •_ — [ BEAR CREEK [onnuNITIES L.0.D..rc0LPI TM"'.`d,"` =`-&�_—- - VOL. 9813• PG. 2375, D.R.T.C.T. --_ - --- - ZONING••ND N0.r ==�L:�.:�Ts . u.n....a oe"a,Tr.e.°...T..� p0 p0 `>' - -permno e.cR n•L� na•n•' �' `� Lanrnro rnor�r�t zamrna-'cr. e'- =_=t-��_�._ f. ° Dlta �x ruw lee..l- y��/v�' S,��v vTl �....a. wa.lc/D.+I.rYa.,c `rl�, yr z•�i_>✓_ter—a 1 SIB' STEEL°0. S 9° �" �: ') ,yl i N 89°37' 27'E�„ _ 263. 94' T��Ro -=__� _. = • 1 Pk.. r O� c�ti �' _ __— ! - �... •�• - / ..... r:"ac f u _ 7vr ea •+s,_ I 1 1_— ��i— —_v.=� —y r . ._.�. �., "+%p:'-----�- r,I, FIRST BAPTIST RCHI,Rcnf Z"'� -- Ir - a•' TTETiifr BLlffi • • . //•� r' _ 1 { - - I h I. I. 4zHo=SlAa .as:,<./,/,/� � : - aa...a.��.K.,,�Ann, O • .Oo O ID ,o •In e —_- f�� _ / \\`. •\ 'f: \ _\� i I • [4 •• ur•a i r.�0._.wm.. , • .. 7• 9{� %�-7rm •3YARIANCE ReuesT W • NI y ..r._,_,..,.. - - u�. I°i /j• ,1;l\....\ \\ \ .- T >�IRE.Gr.b1l....,l R1A0fI.- — r " A112r Y _ _ wu / /� ''''IN'''. ..-r-0t \ / I. w Q. ,!'o.�:OYIuJ.or iYIUUTI°wl '-ci c - -� i - a' /, • 1 1 otIG .�I .._.46 " 'a Ii. N Q� '-V !rlwaem'',At. W. I! L N...g o t; a '- o ° -_eF -`•_ _ ��, \ \,C \ <' •7 • T Qr�r'..�nrl/4-1/0..': w Te. . .7 o a " ➢ - a e-�? 7� . 2 \ `, y.• ., �� .�3 4t ,4,, _.w.•..w..a,r1..�.Taa.•s6•1p `_7 -- • - \ \.,= t, C AT w✓+orwn"..M.as ! Y • 17 \ I ...\ li- -\-,--m_ _ _ O N O Q1-.i.n e. Te.MY.w Nl i 1 4 1 /� W Li '.ri • W ��---�l. ,y P _ .4 -`- _ =-_/ _ _ ' ` 1 i I:i r y 1 to d (�' q_3 .a. 'i�aol1 ra \YVl Wd •\ a� 0 d b d ! n I 11 I . 3 W �' a co ):1 m 271 DRIVL n I.q OD T { 'Al (6:5L!"—_.-- —_;--y PIS: y ,� JJ I "111114aa - w. =.•.}aT�/..� :o I M �`1 B.0; ' '76.0 7 � "T I I ! b Ln[Nr.� , .D N DI /' -1'-'f3 rYND.ti -\ a s 1 r ID ONE- TORY auw•.aq. t I 11a FRanl SLOG HI`/{�Iiii m01 4 - . `�A` 1 • t1 t.W. Iowrre,a ••• �.'c • b.To • .. .6!t la txlrrr$&ad21:‘,.....s .' �/ `+i ^ 8�°3 "W, 244. 70' 6'7 S 89°37'29"W,,, s 2O 65' •P ` T '�eg � •b `at - _ �—r= ' ~'!- 0 i .1 g TRACT TO - - �I TRACT TO C-P z - - oar's c.d. BEAR CREEK COIIUNITIES. INC. L -y+�- .1 -1 STEVE L. RYAN ET UX _ VOL. 9899, PG. 1125. 0.R.T.C.T. I I BRENDA E. RYAN 5 ¢ i y".. - ----• G z � •- c-,sir- !'•1 c rol"1O'NO MD-T !-J VOL. 7158. PG. 694. D.R.LC.T. z �+ Loa -,-, ..o...T+ro.o.•.T - - ioelau•ao• .�-7.1 i • ()CONCEPT PLAN FOR"CS* ZONING REQUEST " ' )-• LJO�H wtl.1 cc.YTY IR7D.IT.t V .. - — ._ _ • ��^GK?'ARD p'.�NTIHG RC(7JIREH.`NTg a®...,...,,.,.Twn TO a 1.eo�ua.cl>.ml a.saaw. U) GROSS ACREAGE 2.1912 _ @' °�" ""' r�"0'� /�/�" p .I Ma.TY C l�'D 8 /Y <, °w°rrcl as.•.•-la a•wo•at ALL IiTU.I4 a.ai.Y v U i F£. BARKING REOU�N_`"s SITF p`" oie ✓D.iD D <a j{��, P-I.Y 2 rv+.Yf L I w0T a• ,/D 4 4 1/ Q I i'1_• A0Ta0 .Z0L.0A7(1.) 1T I I 4 I T 'mil I El A.TTo�>�ww lT I,T _ A.._iw+T Is•.+..e q..oe-•a D�uTa-.o wArr.,•r e0a.ww. l4Ti..a •.,i !•I AK, {��. ! ' ` bvT••.YAR T.-r1...e... I< ii ""a 1011 1.rr.',..`..:'oMo....T...Y xaI••0 :`a ,,w+ww.a I D..pw..a•r•w a. f!TwN M1l-.TM A T.,ka.raa0.. O1 11 I • I•' r r I S ti TRACT L CAT14N{M L .I i \cr%1 I \V/ •w A0.a•.-.r t - s- 1 . . C CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-94 1 . 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 2 . 1912 ACRE TRACT OF LAND OUT OF THE 0.W. KNIGHT SURVEY, ABSTRACT NO. 899, TRACTS 6D AND 6F, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL AND "CS" COMMUNITY SERVICE TO "CS" COMMUNITY SERVICE SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING . ' AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural and "CS" Community Service under the City' s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading C:\CD\ORD\ORD480\480.94 a�-�y Page 1 0 spaces, and protection of-public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. _ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 2 . 1912 acre tract of land out of the O.W. Knight Survey, Abstract No. 899, Tracts 6D and 6F, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural and "CS" Community Service to "CS" Community Service .c:\cD\oRD\ORD480\480.94 S.o- vQ 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:\CD\ORD\ORD480\480.94 Page 3 • 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:\CD\ORD\ORD480\480.94 SD--10 }1 _ Page 4 • EXHIBIT "A" That BEVERLY BFRADLEY be'I ng a 1 ru.taa fur the FIRST UI 1 T I ST CHURCH OF SQUTHLAKE. TEXAS being the owner of tha following dascrlbod tract of land to wit: ALL of that certain tract of parcel of lend situated in the U. W. KNIGHT SURVEY. Abstract No. b99. Tarrant County, Taxas and embracing tha 1 Acro tract dascrlbod in tho Doad to Trustoerr of the Carrol Road Baptist Church recorded In Vuluma 4929. Pogo 356. Dead Records. Tarrant County. Togas and embracing the reialndar of the tract dascrlbod In the Doad to The Community Baptist Church recorded In Volumes 7517. Pala 511. of said Dead Records and dascrlbod by aortas and bounds as follows: hag 1 ru.l ny at a. 1/•2 inch capped steal rod sta•ipad "Moak Surv. Inc. " fur the Southeast corner of said 1 Acro tract and being in the approxl.ato • c.antorlina of South Carrol koad: THENCE South 69 degrees 37 minutest: 29 seconds Rost with the South boundary l i ne of said 1 Acro tract 209.bS foot to • 1/2 inch capped steel rod .tamped "Moak Surv. Inc." for the Southwest corner of soma and the Northeast corner of the Tract dascrlbod In the Daod to boar Crook Communities.. Inc. recorded in Volume 9899. Page 1125. uf said Deed Records and being in the Easterly boundary line of be'id Community Baptist Church tract: [HENCE South 69 dayr'eos .J9 minutes. 41 seconds West with the North boundary lino cif bald hoar Creak Communities Tract 244. 70 foot to a 1/2 Inch capped stool rod stamped "Moak Surv. Inc. " fur tho Northwest t.urnar of seoa and but ny In tha Westerly boundary line of sa i d Community Baptist Church tract: 111LNi.E North 00 doyraus 09 minutes 00 eaconds Rost with raid Wustorly boundary Ilna of tho Community Baptist Church tract 212. 21 fact to S/8 inch steal rod found fur the Northwest corner uf sane: THENCE South biJ day raos 11 minutes 00 seconds East with the Nor trtor l y boundary lino of said Curen.utii ty baptist Church tract 1B9. o6 foot to a Inch steel rod for a Northerly corner of same': !HENCE North B`J dour oor 37 minutes 27 seconds Earl coretinu1r.y with said Northerly boundary Ilna 94. 22 passing a 1/2 inch stool rod Found fur the Northwest curnar of said Community Baptl.t Church tract and tha Northwest corner uf said 1 Acre' tract. in all 263. 91 foot to a 1/'4: Inch capped stool rod otampad "Moak Surv. Inc. " for tho Nurthaa►t corner of said 1 Acro tract being In the approxiiaato contariina of South Carrot Rood: THENCE South 00 dayi'act. 21 minutos :J2 sacunds East with tha Easterly boundary l i ne of said 1 Acres tract and generally with tha con tar I I i.o of said rood 209. 72 (act to the plauc of buytnnli.y and containing 2. 1912 Acro. of land. .ours ur less. • C:\CD\ORD\ORD480\480.94 Page 5 8O-/I .w;tt::::Z. .,.\:\_R_ice\�v*.1-11�l:f:f2::Sti:it.fili ilhZaLZ..na:1. ; ,,•i.2._._�a._._..12,2,1,1..,2.•..._,.,1 S,........._7,...1..••... } City of Southlake,Texas 11110 MEMORANDUM August 10, 1993 TO: Curtis E. Hawk, City Manager • FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-55 Rezoning REQUESTED ACTION: Rezoning for 8.471 acres situated in the A. A. Freeman Survey, Abstract No. 522, Tracts 2B and 2B5. LOCATION: Southeast side of North Peytonville Avenue across from Cross Timber Hills Addition. OWNER/APPLICANT: Karen Ledbetter CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "RE" Residential Estate LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Thirteen (13) RESPONSES: One written response in favor: * Lee Roy McCain, 1504 McCain Lane, Colleyville ' 1111/0 P & Z ACTION: August 5, 1993; Approved (7-0) ; Applicant not present for the hearing. STAFF COMMENTS: The applicant plans to build a new single family residence on the site and has submitted a plat showing for administrative approval. Yti- KPG/gj • C:\CD\KAREN\MEMO\ZA93-55.MEM `/''- V -/ • .T 1 mg' _- 'urue-r. .__�_•_y_ a 1 I.C a ICn17i��lr'Mail a2101111 Wiwi A AIME. -- �R�"" n T '- -1 XTY LJUIT j ' i I Ii110 11 xisidr ='• _ 0 • y 0 �r��' C - rA Istl . 1 11i.1.1nl l.-.. ..A,. I-.,.1:. t7 L/AI1T MI rM ® rn s<p u >a _ k 1 vele , •. r "D a In 'p ®n1 kaP II .. ' W 14 .0...•.,arvourimilif : WM M©©1 r R. 1 ` ;gritWatiil,i.■■ I" wN ; M WI Mill µ WA1 Wt'+ 1rJf Illl .:.�.. 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PAGEL $ 2 10 -e g e B e 7 0 6 6 5 A.- I i 1 t 12 - - "SF-LA" "SF-lA• I .Y p Mt TR.21348 I C.H. MCPHERSON 1vE 1.22 Ac TR.2B3 1 Ac ,A '., "AG" 1 I 600 TR.284A TR.2B4A1 •( • BONE .92 AC 92 AC 'TR.2B4C TR.284 "sF-20A• 12 1 Ac 1.63 Ac 1 TR.2840 2B5 1.. •Ac• 36 SOUTHWIND PARTNERS L.P. \ M. BONE TR.282 .9.43 Ac I 11 1.82 Ac TR.264E "AG" 1.43 Ac TR.11C3 .5 Ac of JKH CUSTOM HOMES 28 TR.11C4 T .5 Ac i Ac x 1 5R TR.2C10 "AG. 1 TR.11C5 a 'N L. MCCAIN 1 Ac 9 Ac (' `SF-1A• F. JOYCE V F. JOYCE TR.2C1 - 4 TR.2C1D1 ,----J 4.49 AC G. JOYCE 3.1 AC O "AG" 3 601011, I I TR.11A4 25.32 Ac I TR.2C1B 12.29 Ac 0 TR.2C1C1A TR.2C1CI RS AC TR.2C161 1 TR.ISAS • • 6.5 Ac ADJACENT OWNERS & ZONING ,,,,, 41111 : „, „..,......... 1 6E 3 - CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-95 AN ORDINANCE AMENDING ORDINANCE NO. 480 , AS AMENDED, THE 41111 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 .471 ACRE TRACT OF LAND OUT OF THE A.A. FREEMAN SURVEY, ABSTRACT NO. 522, TRACTS 2B AND 2B5, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "RE" RESIDENTIAL ESTATE SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND ' PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning 41111 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 lib neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking C:\CD\ORD\ORD480\480.95 '7 Page 1 �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, 41111 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, 41111 WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding ,and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 8 .471 acre tract of land out of the A.A. Freeman Survey, Abstract No. 522 , Tracts 2B and 2B5, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. IIFrom "AG" Agricultural to "RE" Residential Estate. Section 2 . That the City Manager is hereby directed to C:\CD\ORD\ORD480\480.95 Page 2 C�e� -✓ correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. 41111 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. 41111 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 gip effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by_ this ordinance but may be prosecuted until final- disposition by the courts . }n{r C:\CD\ORD\ORD480\480.95 `J '�—Page 3 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 41111 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 411/1 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: 4110 EFFECTIVE: C:\CD\ORD\ORD480\480.95 RE-7 _ Page 4 EXHIBIT "A" IIII/1 WHEREAS, I, KAREN LEDBETTER, AM THE SOLE OWNER OF A TRACT OF LAND SITUATED IN THE A A FREEMAN SURVEY ABSTRACT 522, COUNTY OF TARRANT, ACCORDING TO THE DEED RECORDED IN VOLUME 10965, PAGE 65, DEED RECORDS TARRANT COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8" FOUND IRON ROD IN THE SOUTH R.O.N. LINE or PEYTONVILLE ROAD, SAID POINT BEING THE SOUTHEAST CORNER OF A R.O.W. DEDICATION RECORDED IN VOLUME 10745, PAGE 1388, DEED RECORDS TARRANT COUNTY, TEXAS AND BEING S 88°58'10" If, A DISTANCE OF 463.75 FEET ANI) S 01°01'50" E, A DISTANCE OF 60.00 FEET FROM THE SOUTHEAST CORNER or BLOCK 3, CROSS TIMBER HILLS AS RECORDED IN VOLUME 388-177, PAGE 97; THENCE S 00°09'05" W, A DISTANCE OF 799.98 FEET WITH TUE WEST LINE OF A TRACT OF LAND RECORDED IN VOLUME 9563, PAGE 548, AND PASSING A (POUND 5/8" IRON ROD AT 522.05 FEET, IN ALL A DISTANCE OF 799.98 FEET TO A FOUND 1/2" IRON ROD FOR A CORNER; THENCE S 88°55'22" W, WITH A TRACT OF LAND RECORDED IN VOLUME 7130, PAGE 11, DEED RECORDS TARRANT COUNTY, TEXAS, A DISTANCE OF 539.96 FEET TO A FOUND 5/8" IRON ROD FOR A CORNER IN THE EAST LINE OF PEYTONVILLE ROAD, SAID POINT BEING THE SOUTHEAST CORNER OF A R.O.W. DEDICATION RECORDED IN VOLUME 10745, PAGE 1376, DEED RECORDS TARRANT COUNTY, TEXAS; THENCE N 06°32'43" E, WITH THE EAST LINE OF PEYTONVILLE ROAD, A DISTANCE OF 250.41 FEET TO A FOUND 5/8" IRON ROD AT AN ANGLE POINT AND BEING THE 111111 COMMON CORNER OF R.O.Y. DEDICATION RECORDED IN VOLUME 10745, PAGE 1376 AND VOLUME 10745, PAGE 1388; THENCE N 0 9°3 7 '39" E, CONTINUING WITH THE EAST LINE OF THE P EYTO VILLE ROAD R.O.W. DEDICATION RECORDED IN VOLUME 10745, PAGE 1388, DEED RECORDS TARRANT COUNTY, TEXAS, A DISTANCE OF 229.52 FEET TO A FOUND 5/8" IRON ROD AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 83°20'49" AND A RADIUS OF 370 .00 FEET; THENCE WITH THE ARC OF SAID CURVE A DISTANCE OF 538.23 FEET TO A POINT OF LEAVING SAID CURVE; THENCE N 88°48 '59" E, WITH THE SOUTH LINE OF PEYTONVILLE ROAD, R.O.W. DEDICATION RECORDED IN VOLUME 10745, PACE 1388, DEED RECORDS TARRANT COUNTY, TEXAS, TO THE POINT OF BEGINNING AND CONTAINING 8.471 ACRES OF LAND MORE OR LESS . 41110 C:\CD\ORD\ORD480\480.95 Page 5 City of Southlake,Texas MEMORANDUM CITY M !1 NAG n August 13 , 1993 CITY 15 LA'S I� 111/ TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance 510-A, 1st Reading, Updating and Amending the Impact Fee Ordinance No. 510 . Ordinance 510-A is presented to formally approve the amendments to the land use assumptions, the capital improvements plan and modification of an impact fee . In March 1993 , the City staff began the update process, which consists of three phases . The first phase is the update of the Land Use Assumptions, which determines the population growth estimated for the next ten years, and at ultimate build out . The second phase is the determination of the Capital Improvement costs for water and wastewater within the next ten years, and at build out . The final phase compiles this cost information and allocates debt service costs and other factors to determine a maximum assessable impact fee for water and wastewater. 1111 The _1993 Impact Fee Update _proposes a maximum assessable fee of t$'1,.63.5 for water and $ul., 903 for wastewater, for a total of $3 , 538 . It has been recommended that actual impact fees to be charged at ($*700 -for water and $1:; 3,00 for wastewater, for a total of $2, 000 . The $2 , 000 represents-56 . 5 o recovery of the maximum assessable fee. The 1993 Impact Fee, if approved, will apply to lots platted after the adoption of this ordinance on second reading. Lots platted prior to the adoption of this ordinance will retain the prior impact fee rates for a period of one year. After one year has passed, all lots, regardless of time of plat, will be assessed the 1993 fees . LAH c:\wpfiles\memos\ORD510_A.LAH 1 1LLL11YV t U111\1\L 1 1 I LL ' V 1 I ✓VV l J✓V I SIA L./ f JV -� +L IILi •vi 1 1 .VL ORDINANCE NO. 510-A 111 AN ORDINANCE AMENDING ORDINANCE NO. 510 OP THE CITY OF BOUTHLARE, TEXAS, THE WATER AND WASTEWATER CAPITAL RECOVERY FEES ORDINANCE, BY UPDATING AND REVISING THE CITY'S LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN AND IMPACT FEES APPLICABLE To NEW DEVELOPMENTS PROVIDING POR EXEMPTIONS FROM IMPACT SEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES: PROVIDING A SEVERABILITY CLAUSE; PROVIDING :A, PENALTY FOR • VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING • FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. er 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, in accordance with Chapter 395 of the Texas Local Government Code, the City of Southlake heretofore on August 7, 1990 adopted ordinance No. 510, known as the Water and Wastewater • Capital Recovery Fees Ordinance, which provided for the assessment and collection of capital recovery fees (impact fees) on residential and non-residential developments in order to finance specified major public facilities in designated service areas, the demand for which is created by such developments; and WHEREAS, Chapter 395 of the. Local Government Code provides for the updating of land use assumptions, capital improvements plan and impact fees at least every 3 years; and WHEREAS, the City Council has received a proposed update of the land use assumptions, capital improvements plan and impact fees f,\tile\muni\.l.ks\otdinanc\ad 1110 I 1LLL lIYV f LIri I\I\L I 1 I LL- Vl l n(Ay .uu -w and the written comments of the Capital Improvements Advisory Committee on said proposed update; and WHEREAS, the City Council finds that all notices have been given and public hearings have been held as required by law with regard to the updating of the land use assumptions, capital improvement plan and impact fees; and WHEREAS, the City Council has determined that the land use assumptions, capital improvements plan and impact fee should be revised as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE. CITY OF $OUTELAKE, TEXAS: SECTION 1. That Ordinance No. 510, adopted on August 17, 1990, is hereby amended by replacing Exhibit B "Land Use Assumptions," Exhibit C "Maximum Assessable Capital Recovery Fees," Exhibit D "Water • Improvement Plan" and Exhibit E "Wastewater Improvement Plan" attached thereto with Exhibits B, C, D, and E, respectively, attached to this ordinance and incorporated herein for all purposes. SECTION 2. It shall be unlawful for any person, firm or corporation to construct any building or structure for which a building permit is required under the ordinances of the city on any lot on which a capital recovery fee is due under this or prior ordinances without first paying said capital recovery fee to the city. ft\file\muni\.lak.\ordln•nn\■Ind 2 • 8-F '-3 r 1tLll 11Vb, tiHKKt I I I tL. 1 (—JOu—o pa filly yu IL -Li ryu .ut r r .u4 B$CTIoN 3. 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 4. 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 5. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five-Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. !i\file\.uni\siaks\ordinanc\a.d 3 • r 1CLL11VU , C I I 1 CL . O1 f —JOU—O7JJ f1Ly 1J r 7J 1L • 11 IVU .Ulf r .u) 0 SECTION 6. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 510, as amended, or any other ordinances affecting the assessment and collection of impact fees which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. - 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 1111 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 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. • fA\file\muni\■1■ke\ordinane\amd 4 1LLUlIrVa aaSS1\4\L5 1 ILL . Vil ._IVV VJJV 1uy 1VSJv .< - tl Iru .Vil •VV PABBED AND APPROVED OE FIRST READING ON THIS DAY OF • , 1093. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OP 1993. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: 111 City Attorney Date:_ ADOPTED: EFFECTIVE:_ _ =I\fil.Amuni\.i.kc\osdinenc\amd Y-C-b EXAMINATION COPY I DO NOT REMOVE O -- . . " • , . ": • - • 0 • "' . . ‘.` - • ..= - = . • V4-•-••:k -•••=',;:•: • IMPACT FEE UPDATE 1993 . . • CITY OF SOUTHLAKE ORDINANCE 510-A - IMPACT FEES 1993 MAXIMUM ASSESSABLE CAPITAL RECOVERY FEES AND CURRENT COLLECTED FEES CURRENT MAXIMUM COLLECTED WATER $1, 635 $ 700 WASTEWATER $1, 903 $1,300 TOTAL $3 , 538 $2, 000 EXHIBIT ' C' • EXHCIF City of Southlake,Texas MEMORANDUM CITY MANAGER 1111/ August 12, 1993 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Public Hearing on Amendments to the Land Use Assumptions, Capital Improvements Plan and Impact Fees Chapter 395 of the Local Government Code regulates procedures required by political subdivisions for the amendment of impact fees . Chapter 395 . 054 provides that a public hearing must be held by the City to discuss the proposed ordinance amending the land use assumptions, capital improvements plan, and impact fee. On July 6, 1993, the City Council adopted Resolution 93-33 setting the Public Hearing date as August 17, 1993 . The Impact Fee Update report was submitted to the City Council at the July 6 meeting with the Advisory Committee comments included. The notice of the public hearing has been published as required on July 10, 17, and 24 . The Impact Fee Update presents a maximum assessable fee of $1, 635 for water and $1, 903 for wastewater. The actual fee to be charged is proposed at,"$700 for water and-$--1--,300 for wastewater. 1990 Impact Fees 1993 Impact Fees (proposed) Water maximum assessable $1, 035 $1, 635 actual charge 500 700 Wastewater maximum assessable $1, 562 $1, 903 actual to be charged 1, 000 1, 300 Please place on the City Council agenda the Public Hearing on the Amendments to the Land Use Assumptions, Capital Improvements Plan and Impact Fees . LAH impachr 8� City of Southlake,Texas MEMORANDUM August 12, 1993 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Finance Director SUBJECT: Ordinance No. 590, Approving Revised Budget Figures for FY1992-93 and Approving and Adopting the Budget for the FY1993-94 Year Attached hereto is Ordinance No. 590 approving revised budget figures for FY1992-93 and approving,and adopting the budget for the FY1993-94 year. Also attached are budget summary sheets and a revised budget letter which reflects changes made to total revenues and expenditures as a result of budget work sessions held on August 10 and 11 with City Council . Changes incorporated include a reduction in the expenditure allocation for Teen Court of $5, 000, with a corresponding decrease in revenue of one half of this amount, $2 , 500 for the CISD participation. The net reduction in the budget proposal is $2, 500 . The funds for replacement of the postage machine totalling $3 , 500 were deleted. An allocation for 4111 dues to Keep Southlake Beautiful for $3 , 000 is reduced, since a similar amount is retained in community services . An additional allocation of $4 , 000 is made to GRACE (Grapevine Relief and Community Exchange) , increasing to $5, 000 the total funding for the program. The clerical assistant position in the Community Development Division is transferred to the Building Inspection Division. An allocation of $2, 400 is deleted for an automobile allowance in the Public Works Administration Division. The increase in net revenues from these changes is $7, 400 . Please place this item on the agenda for 1st reading for City Council. consideration. dril# LAH/kb b.BDGTMEMO.LAH/CEH/kb % .„ , a of Southiake Duthrak. . August 6, 1993 Revised August 12, 1993 Mayor: Gary Fickes Mayor Pro Tern: Honorable Mayor Fickes and Jerry Farrier Members of City Council City of Southlake Councilmembers: 667 N. Carroll Avenue Barry K.Emerson Southlake, Texas 76092 W.Ralph Evans Stephen W.Apple Sr. Jon Michael Franks Andrew L.Wambsganss Dear Mayor and Councilmembers : City Manager: Curtis E.Hawk City secretary: The proposed FY93-94 Annual Budget presents in financial SandraL.LeGrand terms the plan for accomplishment of municipal objectives during the forthcoming fiscal year. SIn accordance with the Texas Local Government Code and the Charter of the City of Southlake, the proposed Annual Budget for fiscal year beginning October 1, 1993 . and ending September 30 , 1994 is submitted for your consideration. The budget proposes maintaining a tax rate of $ .4550 per $100 . 00 property valuation, the third consecutive year with no increase. The proposed $ . 4550 tax rate is slightly under the calculated Effective Tax Rate for the year, $ .455582 . The Effective Tax Rate is the rate that will generate the same amount of property tax dollars as the previous year when the two years are compared. Projected service demands of this growing community present a challenge to the budget preparation process . The budget preparation requires a comparison of the anticipated revenues with proposed programs, and priorities are established based on service demands or prior commitments to projects . 4111 . 667 North Carroll Avenue • Southlake, Texas 76092 (817) 481-5581 • FAX (817) 481-0036 9 A, . "AN EQUAL OPPORTUNITY EMPLOYER" Honorable Mayor and Members of City Council August 6, 1993 Revised August 12, 1993 Page 2 • 410 FUND SUMMARIES In all funds, the proposed FY93-94 Annual Budget of the municipal corporation presented for your consideration projects expenditures of $11, 001, 419 gagman. These expenditures are accounted for in four (4) separate funds : General Fund; Debt Service Fund; Utility Fund; and Special Revenue-Parks/Recreation Fund. The General Fund and the Debt Service Fund together account for the distribution of the expenditures of the revenue generated by the proposed $ .4550 tax rate. General Fund Summary The General Fund supports all municipal operations with the exception of the water and wastewater utility 1110 operations . Revenues The proposed FY93-94 Annual Budget projects $4, 848 , G74 ..................................... 4404t004 in General Fund revenues, which is an increase .:.......:....;..........:............ of $687, 154 sum or 16 . 5% from the FY92-93 Adopted ............................. ............................. Budget . The largest single revenue source in the proposed budget is the ad valorem (property) tax. The budget as proposed will provide $2 , 204 , 198 in revenue for the General Fund maintenance and operations budget, an estimated increase of $101, 714 or 4 . 8% from the FY92-93 Adopted Budget . The second largest General Fund revenue source in the proposed budget is derived from the municipal permits and fees charged for various development activities, such as fees for zoning, platting and building permits . The proposed budget of $1, 088, 000 projects an increase of Honorable Mayor and Members of City Council August 6, 1993 Revised August 12, 1993 Page 3 1110 $465, 850 or 74 . 9% over the current year. As of July 31, 1993 the City has issued 381 single family building permits, compared with 251 for the same period last year. For FY93-94, the City is projecting 425 permits to be issued. The FY93-94 budget incorporates a revenue neutral change in the rates charged for zoning and platting fees, which will bring the City more in line with fees charged by neighboring communities . The third largest General Fund revenue source is the municipal sales tax. Sales tax revenues are projected at $701, 500 in the proposed budget, an increase of $122, 500 or 21 . 2% over the FY92-93 Adopted Budget . Consistently over the . past several years, the City has experienced double digit growth in sales tax receipts . During FY92- 1110 93 , the City' s first major retail center opened, and another retail center is scheduled to open in the latter part of FY93-94 . Based upon current collections, the sales tax revenue for the 1992-93 fiscal year is estimated to be $610, 000 , an increase of $31, 000 or 5 . 4% over the amount projected for the current year. The other major revenue sources for the General Fund are franchise fees ($336, 400) from the private utility companies operating in the City, municipal fines ($231, 440) , and transfers ($159, 446) into the General Fund from the Utility Fund. Franchise fees are projected to increase by $31, 950 or 10 . 5%, while revenues from fines are expected to decrease $39, 160 or -14 . 5% from the amount budgeted in FY92-93 . A decrease in the number of 1111 citations from the previous year is projected due to an increase in the calls for service . Honorable Mayor and Members of City Council August 6, 1993 Revised August 12, 1993 Page 4 1111 Charges for services are estimated at $59, 750 MANI, ::........................ which includes $35, 000 ORMR140 for the Special Services Program. This is the interlocal contribution from the Grapevine/Colleyville and Carroll Independent School Districts to the City' s D.A.R.E. program. Other charges for service are for Recreation class fees and Fire Division related income. Miscellaneous income is projected at $17, 940, a slight increase over the prior year. The proposed budget reflects $50, 000 in interest earnings, the same estimated for the current year. Expenditures The proposed General Fund budget provides $5, 7G8, GG7 mamma in. expenditures to accomplish municipal objectives . The proposed expenditures represent an increase of $1, 2G9, 275- ::-:3 €t 5 or 28 . 2°% ': ? % over the current year. The budgeted increase includes $717, 700 in major capital equipment expenditures that are proposed to be financed through issuance of a $720 , 000 five year Personal Property Contract Obligation. There is $155, 000 budgeted for the first year' s payment of the obligation during FY93-94 . The bulk of the total increase is in Public Works, .......................................................... $GG8, 012 (52 . G°%) x { 'm . The largest increase within the Public Works Department is in the Streets/Drainage Division, increasing approximately $523 , 438 (59 . 2%) . This increase reflects the commitment 1111 made by the City to increase attention to neighborhood streets and drainage with the 1992 Street Bond election. . Honorable Mayor and Members of City Council August 6, 1993 Revised August 12, 1993 Page 5 1111 Total new requests within the Streets/Drainage Division are $825, 826 . New programs for the year include $431, 000 in heavy equipment financed through the Contract Obligation and $50, 000 for the City' s portion of the reconstruction, jointly financed with FEMA, of the White Chapel Bridge north of Dove Street . Other bridge improvement devices are estimated at $20, 000 . There is $78, 000 allocated for reconstruction of Burney Lane and $81, 675 for Ridgecrest, both with Tarrant County road crews. Summer Place is also scheduled for reconstruction through contract at $93 , 370 . Three Drainage Maintenance Workers are scheduled for a January 1 hire date, an estimated $49, 081 . This crew represents the first personnel resources that are 1111 dedicated to drainage improvements . Allocated for culvert replacement is $10, 000 . A Pavement Management Plan is to be implemented, scheduling and assessing the maintenance requirements for the City' s streets, estimated to cost $10 , 000 . Mobile radio equipment is estimated at $2 , 200 and office equipment at $500 . Total expenditures within the Public Safety function are proposed to increase $231, 728 over the FY92-93 Adopted Budget . There is $75, 000 budgeted for the purchase of an ambulance to serve as the City' s primary emergency medical response . Four emergency response vehicles are estimated at $69 , 500 . A January 1 hire date is scheduled for one Firefighter/Paramedic ($24 , 121) and one Communications Specialist ($16, 651) . One additional radio console estimated at $11, 000 is proposed. Other equipment is proposed for a total of $46, 500 . Honorable Mayor and Members of City Council August 6, 1993 Revised August 12, 1993 Page 6 S Employee Salary Increases The proposed budget provides $100, 000 for implementation of a pay and classification plan, to be implemented in January 1994 . New Personnel The proposed budget projects an increase of ten (10) positions in the General Fund--eight (8) regular full time, one (1) regular half time, and one (1) part time. These positions are needed to enable the City to maintain effective management of service demands . The positions are : one (1) Full time Accounts Payable Clerk one (1) Full time Firefighter/Paramedic one (1) Full time Communications Specialist one (1) Full time Code Enforcement Officer one (1) Full time Plans Examiner three (3) Full time Drainage Maintenance Workers one (1) Part time Planning Intern one (1) half time Teen Court Coordinator All regular positions except the Accounts Payable Clerk and the half time Teen Court coordinator which will be funded beginning October 1, are proposed to be funded beginning in January, 1994 . Fund Balance The proposed budget reflects a decrease in the undesignated Fund Balance, beginning at $1, 221, 391 and .............................. ending at an estimated $866 , 398 'g?` xg . We anticipated .............................. 4111 ............................. .......... ............... an undesignated fund balance of $798, 283 in the General Fund when the 1992-93 Annual Budget was approved last September. The higher than anticipated growth resulted A - 7 Honorable Mayor and Members of City Council August 6, 1993 Revised August 12, 1993 . Page 7 1111 in an (estimated) additional $423 , 108 in the undesignated fund balance. The FY93-94 Annual Budget proposes to use the growth in the fund balance to help pay for the demands generated by the growth, while keeping the proposed ending fund balance for FY1993-94 at the level previously recommended by City Council . This Fund Balance represents 15 . 0°6 % of estimated expenditures, a level sufficient to ensure the fund' s financial integrity. Debt Service Fund Debt service expenditures have steadily escalated over the past several years, reflecting the debt issuance required for major infrastructure projects . The FY93-94 1111 budget reflects an increase in debt service of $393 , 432 over last year. This is due to debt service requirements for the issuance of $1 .3 Million in Certificates of Obligation for water and wastewater line improvements, - $1 . 5 Million General Obligation Bonds for street improvements issued in October 1992 , and $320 , 000 in Certificates of Obligation scheduled for issuance in the third quarter of 1993 . Debt service for the $1 . 3 Million issuance is to be funded through a transfer in of water impact fees of $152 , 000 . The increase in debt service funded by property taxes is $241, 432 . Tax Rate The proposed budget reflects a total taxable value of $680, 726, 791 in tax year 1993 , an increase of $62 , 405, 759, or 10 . 1% over the taxable value currently on 1111 the rolls . The 1993 taxable value reflects $65, 546, 035 in new improvements since last year. The proposed budget reflects a proposed tax rate of $ . 455 per $100 valuation, Honorable Mayor and Members of City Council August 6, 1993 Revised August 12, 1993 Page 8 11/1 of which $ .30132 is for general operations and maintenance and $ . 15368 is for debt service. The portion of the tax rate available to support maintenance and operations is decreased by $ . 021, or 6 . 596 from last year. This is primarily due to additional debt issued by the City during FY92-93 . The effective tax rate in the 1993 tax year is $ .45558, up from the $ .45084 in the 1992 tax year. The rollback tax. rate for the 1993 tax year is $ .50222 . Utility Fund The Utility Fund revenues are projected at $3 , 265, 532 for an increase of $511, 998 or 18 . 696- in the proposed budget. 1111 Expenditures are projected at $3 , 402, 055 for an increase of $632 , 668 or 22 . 8a over the FY92-93 Adopted Budget . The proposed budget does not includes any increase in water or sewer rates . The budget includes one Water Maintenance Worker for $22 , 186 and $316, 600 in capital expenses . The fund will be reviewed prior to formal adoption of the FY93-94 Budget to ensure its financial integrity. Special Revenue Fund-Parks and Recreation The proposed budget includes the special revenue fund to account for revenues and expenditures dedicated for park use. The proposed budget reflects revenues of $50, 000 in park dedication fees from developers, and $2, 000 in interest income. The City is negotiating the purchase of 1111 additional land adjacent to Bicentennial Park. A portion of the purchase price will be funded through Park Dedication Fees, with the balance funded through the Honorable Mayor and Members of City Council August 6, 1993 Revised August 12, 1993 Page 9 4111 issuance of $320, 000 in Certificates of Obligation. Total expenditures for the land are estimated at $467, 710 . Other park improvements scheduled are Joint Use projects at the Carroll Independent School District' s Intermediate School. Improvements to the Carroll Middle School Athletic Field and Basketball Court are estimated at $49, 157, providing recreational facilities for the citizens. SUMMARY AND CONCLUSION The proposed budget represents progress toward a proactive approach to the operation of the City of Southlake. The scheduled equipment purchases and additional personnel provides the framework for 11/1 addressing the service needs . Planning for anticipated growth drives the budget process . Sincerely, Curtis E. Hawk City Manager CEH/lah/kb b:CBH/BDGTLTR/rev/kb • ORDINANCE NO. 590 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING REVISED BUDGET 4111 FIGURES FOR FISCAL YEAR 1992-93 ; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993, AND TERMINATING SEPTEMBER 30, 1994, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING. AN EFFECTIVE DATE. t,• WHEREAS, the City Manager has prepared a revision of certain figures in the 1992-93 budget and submitted same to the City Council; and, WHEREAS, the City Manager of the City of Southlake, Texas (hereinafter referred to as the "City" ) has caused to be filed with the City Secretary a budget to cover all proposed expenditures of the government of the City for the fiscal year beginning October 1, 1993 , and ending September 30, 1994, (hereinafter referred to as the "Budget" ) ; and WHEREAS, the Budget, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes, shows as definitely as possible each of the various projects for which appropriations are set up in the Budget, and the estimated amount of money carried in the Budget for each of such projects; and 1111 WHEREAS, the Budget has been filed with the CitySecretaryfor g at least thirty (30) days and available for inspection by any taxpayer; and WHEREAS, public notice of public hearings on the proposed annual budget, stating the dates, times, places and subject matter of said public hearings, was given as required by the Charter of the City of Southlake and the laws of the State of Texas; and WHEREAS, such public hearings were held on August 17, 1993 and September 7, 1993 , prior approval of such dates being hereby ratified and confirmed by the City Council, and all those wishing to speak on the Budget were heard; and WHEREAS, the City Council has studied the Budget and listened to the comments of the taxpayers at the public hearings held therefor and has determined that the Budget attached hereto is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That all of the above premises are found to be true and correct and are incorporated into the body of this 1111 Ordinance as if copied in their entirety. • Section 2 . That the revised figures, prepared and submitted by the City Manager for the 1992-93 budget, be, and the 410 same are hereby, in all things, approved and appropriated, and any necessary transfers between accounts and departments are hereby authorized, approved, and appropriated. Section 3 . That the Budget attached hereto as Exhibit "A" and incorporated herein for all purposes is adopted for the Fiscal Year beginning October 1, 1993 , and ending September 30, 1994; and there is hereby appropriated from the funds indicated such projects, operations, activities, purchases and other expenditures as proposed in the Budget. Section 4 . That the City Manager shall file or cause to be filed a true and correct copy of the approved Budget, along with this ordinance, with the City Secretary and in the office of the County Clerks of Denton and Tarrant County, Texas, as required by State law. Section 5 . That any and all ordinances, resolutions, rules, regulations, policies or provisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of conflict herewith. Section 6 . If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto IIII any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect . Section 7 . That the necessity of adopting and approving a proposed budget for the next fiscal year as required by the laws of the State of Texas requires that this Ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. PASSED AND APPROVED on first reading this day of , 1993 . Gary Fickes, Mayor ATTEST: • Sandra L. LeGrand City Secretary • Page 2 Ordinance No. 590 b:ORD-590.BOT/ORD&RRS/kb PASSED AND APPROVED ON second reading this day of , 1993 . 1111 Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney Date: Adopted: Effective: 41/1 I Page 3 Ordinance No. 590 b:ORD-590.BGT/ORD&RBS/kb SPX-/3 • CITY OF SOUTHLAKE PROPOSED BUDGET 1993-94 ALL FUNDS SUMMARY • Special Revenue 94cma12.wk3 General Debt Service Utility Parks/ Fund Fund Fund Recreation Total Projected Revenues-FY93-94 $4,846,174 $1,353,330 $3,265,532 $52,000 $9,517,036 Less: Projected Expenditures $5,658,767 $1,309,830 $3,402,055 $520,867 $10,891,519 Less: Reserve-Personnel 100,000 0 0 0 100,000 Total-Expenditures-FY93-94 $5,758,767 $1,309,830 $3,402,055 $520,867 $10,991,519 Add: C.O. Proceeds (net) 565,000 0 0 320,000 885,000 Net Revenues ($347,593) $43,500 ($136,523) ($148,867) ($589,483) Estimated Fund Balance/ Working Capital 9/30/93 $1,221,391 $256,235 $912,243 $189,130 $2,578,999 Estimated Fund Balance/ Working Capital 9/30/94 $873,798 $299,735 $775,720 $40,263 $1,989,516 1992-93 1992-93 1993-94 $Increase/ 1991-92 Adopted Revised Adopted (Decrease) % Increase/ Expenditures Actual Budget Budget Budget Adopted (Decrease) 0 General Fund Personnel $2,133,734 $2,571,515 $2,587,132 $3,054,715 $483,200 18.8% Operations 1,251,506 1,377,082 1,424,713 1,525,643 148,561 10.8% Capital Outlay 451,087 550,795 579,825 1,178,409 627,614 113.9% Other 796 0 0 0 0 0.0% Total Expenditures $3,837,123 $4,499,392 $4,591,670 $5,758,767 $1,259,375 28.0% Debt Service Fund Debt Service $554,075 $665,435 $665,435 $1,063,382 $397,947 59.8% Operating Transfer 204,922 250,963 250,963 246,448 (4,515) -1.8% Total Expenditures $758,997 $916,398 $916,398 $1,309,830 $393,432 42.9% Utility Fund Personnel $310,009 $359,416 $370,718 $394,653 $35,237 9.8% Operations 1,816,695 1,888,632 1,916,132 2,350,494 461,862 24.5% Capital Outlay 191,234 149,325 148,999 280,400 131,075 87.8% Debt Service 89,423 79,719 79,719 81,895 2,176 2.7% Operating Transfer/Other 159,446 292,295 292,295 294,613 2,318 0.8% Total Expenses $2,566,807 $2,769,387 $2,807,863 $3,402,055 $632,668 22.8% Special Revenue-Parks/Recreation Operations $40 ,075 $2,000 $0 $0 ($2,000) -100.0% Capital Outlay 0 30,000 16,000 520,867 490,867 1636.2% Total Expenditures $4,075 $32,000 $16,000 $520,867 $488,867 1527.7% TOTAL EXPENDITURES $7,167,002 $8,217,177 $8,331,931 $10,991,519 $2,774,342 33.8% CITY OF SOUTHLAKE • ALL FUNDS SUMMARY 11:13AM REVISED 1992-93 BUDGET and PROPOSED 1993-94 BUDGET 94s,mall.wk3 08/12/93 1993-94 Adopted 1992-93 1992-93 :::$4554100€;': $Inc/ 1993-94 1991-92 1992-93 1992°-93: $Inc/ %Inc/ : 1993'' 94;: (Deer) %Inc/ REVENUES Actual Budget ;Re.v.3,ed (Deer) (Deer) Proposed Adopted (Deer) Ad Valorem Taxes $2,739,249 $2,909,533 >: 's$297:4049;- $64,516 2.2% $3,285, 1 $375,828 12.9% Sales Tax 510,036 579,000 :`.>'>#`<610 0:00.= 31,000 5.4% ":;;r: ':701;500: 122,500 21.2% Franchise Fees 279 619 304 450 €: <;:304935' 485 0.2% »336,4.00: 31,950 . 10.5% Fines 208,682 270,600 :; : 291,00 (69,100) -25.5% :::.231440;'. (39,160) -14.5% Charges for Services 46,360 55,750 ; ; ' 5975.0'. 4,000 7,2% ,:ii 7250. 1,500 2.7% Permits/Fees 893,697 654,350 iN]:: 218;610: 564,260 86.2% ``1'13S004; 483,650 73.9% iiiiMMiscellaneous 65,065 40,254 i ii::':'82,515€: 42 61 105.0% `35:440 (4,814) -12.0% Transfer-UtilityFund 161774 267 295 : ;:267.295: 0 0.0% :;;;:;; .;:4216 3' 154,318 57.7% 0 0.0%0.0 0 0" Transfer-Insurance Fund 29,450 0 : :::::U:: 0 % , 4 0 ":: 340 960 20.3% Water Sales residential 1560 336 1677 540 >:>!3 3$OQQ." 157,460 9. % :2'Ql&`500: , Water Sales-commercial318,453 419,385 >:: :>> 380000 (39,385) -9.4% >:`:418000 (1,385) -0.3% Wastewater Sales 185,824 205,454 ff' € 225000 19,546 9.5% ;;. >:270,A54 65,000 31.6% Sanitation Sales 235,603 258,000 >: ::::290000 32,000 12.4% :]:: 320000: 62,000 24.0% Other Utili Charges 218,109 145,067 ii [€1..141.2Q: 86,453 59.6% >' <'`i1970.7$: 52,011 35.9% Interest Income 113,696 92,970 99 970 7000 7.5% ::i::86 000 (6,970) -7.5% Total Revenues $7,565,953 $7,879,648 s<$8780144: $900,496 11.4% .; $9517036 $1,637,388 20.8% EXPENDITURES CitySecretary $124,457 $145,599 `'s: $x4 999 $1,400 1.0% $:160,81.4: $15,212 10.4% 1111 City Manager 129,129 141,239 z:;> I'S9;082: 17,843 12.6% `1i57 526' 26,287 18.6% Support Services 417,492 509,964 ; <512,965 �001 0.6% :i501050 91,086 17.9% General Gov Total $671,078 $796,802 $819t046: 22 244 2.8% `:?%$929 387• $132,585 16.6% •Finance 192,339 205,487 ;'`_<`"205487 0 0.0% <«251074 45,587 22.2% Municipal Court 145'344 162,858 ` >s160,608: (2,250) -1.4% • :'163003:J 145 0.1% Finance Total $337,683 $368,345 ::'':'$366 095: ($2,250) -0.6% '::_`.$414,077:. $45,732 12.4% Fire 531,671 569,238 ::: :::;565 590 (3,648). -0.6% ":'690148` 120,910 21.2% Police 825,243 909,333 ':;!.:,:>910 603. 1,270 0.1% 'i981 159: 71,826 7.9% Public Safety Support 340,626 378,852 .;f:_<;: 37C 546 (2,306) -0.6% .:<417 844 38,992 10.3% Public Safety Total $1,697,540 $1,857,423 :'$1 852 739 ($4,684) -0.3% $2 089 151[ $231,728 12.5% Building Inspections 127,329 161,870 : ;:'.;.1599.17. (1,959) -1.2% 248,498:j 86,628 53.5% Streets/Drainage 685,699 883,730 :.:;:::. 914847;: 31,117 3.5% :1407168, 523,438 59.2% Parks and Recreation 105,999 171,595 :: :162 688,. (8,907) -5.2% 714 32$: 542,733 316.3% Public Works Admin 69,674 93,739 >106;153 12,414 13.2% ':i115;366.; 21,627 23.1% Water 1,244,889 1,605,572 >;:;1:,620,461;:: 14,889 0.9% ':`050369,' 244,797 15.2% Wastewater 866,653 559,601 ''554888 (4,713) -0.8% 887178.'_ 327,577 58.5% Sanitation 206,396 232,200 ;`:'.260500 28,300 12.2% 288000 55,800 24.0% Public Works Total $3,306,639 $3,708,307 ,_$3 779 448: $11 .41 1.9% $5;510,907:: $1,802,600 48.6% Community Dev.Total $145,412 $197,888 <: >$226 191: $28,303 14.3% ,>< $261659;- $63,771 32.2% Transfer-Interfund 159,446 267,295 ` 267,295<: 0 0.0% 269,613:: 2,318 0.9% Other 0 25,000 .::; ; :;:25;00.0: 0 0.0% ':;::25;000: 0 0.0% Reserve-Personnel 0 0 = %:: 0: 0 0.0% .':100,000 100,000 100.0% Debt Service 848,420 996,117 `': <;:996;717 0 0.0% 1391725: 395,608 39.7% Total Expenditures $7,166,218 $8,217,177 :':_$8 3315931: $114,754, 1.4% .$10 99151:9- 2,774,342 33.8 Net Revenues $399,735 ($337,529) `,:%$448,213 $785,742 ($1,474 48 ) Add:Proceeds from C.O.Sale $0 $0 $0 $0 `$1';040,000; III Less:C.O.Payment 0 0 . ' .::0, 0 (155;000) Less:Transfer to Special Rev. (796) 0 0 0 '. :;;i0 Net Revenues $398,939 ($337,529) d ;$44$':213< $785,742 ($5$9;4$3) Beginning Fund Balance $1,731,847 $2,130,786 '$2130;786 $0 • $2578999. Ending Fund Balance $2,130,786 $1,793,257 '$2578999< $785,742 $1,989,516; CITY OF S O UTI ILAIEE • CONSOLIDATED GENERAL FUND AND DEBT SERVICE FUND 11:73AM REVISED 1992-93 BUDGET and PROPOSED 1993-94 BUDGET 94sumall.wk3 08/12/93 1992-93 1993-94 Adopted $Inc/ 1992-93 $45$/$1:00 ; $Inc/ 1993-94 • 1991-92 1992-93 1992-93 (Decr) %Inc/ 1993,E :;i: (Deer) %Inc/ REVENUES Actual Budget s:R ;100, :; Adopted (Deer) .;:Pro. oSE :€ Adopted (Deer) Ad Valorem Taxes $2,739,249 $2,909,533 :;> $2;974;049:;. $64,516 2.2% ,2,;,,;6.: ,.a ;3 28.. £^ 375 828 12.9% Sales Tax 510,036 579,000 :610,000:> 31,000 5.4% 701,500 122,500 21.2% Franchise Fees 279,619 304,450 :::`:i: :304;9.35: 485 0.2% :'.:336,4,00:: 31,950 10.5% Fines 208,682 270,600 < : :201500. (69,100) -25.5% :::231s440: (39,160) -14.5% Charges for Services 46,360 55,750 59 750; 4,000 7.2% :: :57250 1,500 2.7% Permits/Fees 791,983 622,150 :.: ::1 121860 499,710 80.3% >1088 000 465,850 74.9% Miscellaneous 42,147 17,340 '> 'ii 24`:1:15: 6,775 39.1% ,11,940i 600 3.5% Transfer-Utility Fund 161,774 267,295 ' : :267 295 0 0.0% _-;: .::;::421613: 154,318 57.7% Transfer-Insurance Fund 2 ,450 0 :?> 0 0.0 0 Interest Income 75,188 65,000 :..<>:71:000'> 6 000 9.2% ::: 60,00.0: (5,000) -7.7% Total Revenues $4,884,488 $5,091,118 $5 634 504 $543,386 10.7% .::::.$61..:9,5C 4 $1,108,386 21.8% EXPENDITURES City Secretary $124,457 $145,599 `: :$14:6;999.:' $1,400 1.0% i$160;811 $15,212 10.4% City Manager 129,129 141,239 :159082' 17,843 12.6% 167;526., 26,287 18.6% Support Services 417,492 509,964 ,i :i:: 512,965: 33 001 0.6% :;:: .601;050. 91,086 17.9% General Gov Total $671,078 $796,802 :, $819 046': $22,244 2.8% ` ::`$929;387 :: $132,585 16.6% Finance1111 192,339 205,487 >' '.: 205 487; 0 0.0% 251074: 45,587 22.2% Municipal Court 145,344 162,858 `"' :160;608 (2,250) -1.4% :'>163,003.: 145 0.1% Finance Total $337,683 $368,345 in$366 095: ($2,250) -0.6% :::$414 07.k $45,732 12.4% Fire 531,671 569,238 :: : :565 590:' (3,648) -0.6% :690;148' 120,910 21.2% Police 825,243 909,333 ' 910603: 1,270 0.1% >'::.981,159. 71,826 7.9% Public Safety Support 340,626 378,852 :'>376,546:: (2,306) -0.6% `:; `,417;844' 38,992 10.3% Public Safety Total $1,697,540 $1,857,423 :•$1 852,139 ($4,684) -0.3% ::$2;089151 i $231,728 12.5% Building Inspections 127,329 161,870 ;>159,9.11: (1,959) -1.2% 248498 86,628 53.5% Streets/Drainage 685,699 883,730 <:< ':z:914 847 31,117 3.5% ,1;407168. 523,438 59.2% Parks and Recreation 101,924 139,595 :< :::ii:146;688: 7,093 5.1% -193 i .1!> 53,866 38.6% Public Works Admin 69,674 93,739 : 1:: 061'53: 12,414 13.2% ( >:115366. 21,627 23.1% Public Works Total $984,626 $1,278,934 '` 1327' 99 $48,665 3.8% ;$1,964093< $685,559 53.6% Community Dev.Total $145,412 $197,888 ::::::$226191: $28,303 14.3% :: $261659: $63,771 32.2% Reserve-Personnel 0 0 : •:.i:0, 0 0.0% .•:100;000i. 100,000 100.0% Debt Service G.O.Bonds 758,997 916,398 <.: :r.916398` 0 0.0% ::1;309;830:: 393,432 42.9% Total Expenditures $4,595,336 $5,415,790 ::$5;508;068 $92,278 1.7% : .$7;068597 1,652,807 30.5% Net Revenues $289,152 ($324,672) :`'$126,436: $451,108 ($869093) Add:Proceeds from C.O.Sale $0 0 ':::0:: $0 :'.720`000 Less:C.O.Payment 0 0 0;:; 0 155.';0.00, Less:Transfer to Special Rev. -796 0 : ;,0: 0 :: :.0ii: Net Revenues $288,356 ($324,672) '::''$126,436: $451,108 ($304,093) Beginning Fund Balance $1,062,834 $1,351,190 i;i;$1,026;518. ($324,672) 5.$1152;954: Ending Fund Balance $1,351,190 $1,026,518 :.:'$1;152,954': $126,436 :.$848,861 S CITY OF S O UTHLAIKE 1110 GENERAL FUND 11:13AM REVISED 1992-93 BUDGET and PROPOSED 1993-94 BUDGET 94sumall.wk3 08/12/93 1992-93 1993-94 $Inc/ 1992-93 :; $4SSI$100? $Inc/ 1993-94 1991-92 1992-93 >:Y,99 i-93: (Decr) %Inc/ :: 9:93-94;€: (Decr) %Inc/ REVENUES Actual Budget ::::Revised.,= Adopted (Decr) ':';Pro�; d:= Adopted (Decr) Ad Valorem Taxes $1,964,449 $2,102,484 ;:;: 2;13:$ 5 000:: $32,516 1.5% $2;2 o5e0419;8 $101,714 4.8% Sales Tax 510,036 579,000 ;:::;: ,::>510`000; 31,000 5.4% :.. : ;::;;:70150:Q€ 122,500 21.2% Franchise Fees 279,619 304,450 :>s,<:3049435 485 0.2% :::336;400: 31,950 10.5% Fines 208,682 270,600 :::>z:201'::,00, 69100 -25.5% ::: :2314:40:: 39160 -14.5% Charges for Services 46,360 55,750 :>ii::59,750:- 4• ,000 7.2% iii i:7 50,: 1,500 2.7% Permits/Fees 791,983 622,150 :E»"1,121`860: 499,710 80.3% i.0880.0Q.. 465,850 74.9% Miscellaneous 42,147 17,340 c:. 2:41,15: 6,775 39.1% : €: :11,,940': 600 3.5% Transfer-UtilityFund 161520 159,446 ;:::::::'.:::159446, 0 0.0% 0 0.0% Transfer-Insurance ns rance Fund Interest Income 64121 50 000 #6Q, 10 000.000 20.0% z>50 = 0 0.0% Total Revenues $4,098,367 $4,161,220 :`$4;676}606 $515,386 12.4% $4846 174: $684,954 16.5% EXPENDITURES CitySecretary $124 457 $145 599 : `$146999:: $1400 1.0% <#;;$160`811<{ 15 12 10.4% t.....:. $ 2 City Manager 129,129 141,239 : ::;;:159;082 17,843 12.6% ;:167;526.: 26,287 18.6% Support Services 417,492 509,964 :::: 512 965: 33 001 0.6% i 601050 91,086 17.9% General Gov Total $671 078 $796 802 :::>::$819046 22 244 2.8% ::: :::':'$•929387:: $132,585 16.6% 0 Finance 192,339 205,487 ;:: ;:: ;205;487: 0 0.0% `'ZS`1 Q74:; 45,587 22.2% Municipal Court 145,344 162,858 160;608. j2,250) -1.4% :?163.003: 145 0.1% Finance Total $337,683 $368,345 «: 5366 095: ($2,250) -0.6% :: :: 1:414 Ot $45,732 12.4% Fire 531,671 569,238 ':: :s`::565 590: 3,648 -0.6% [ 6901'48` 120,910 21.2% Police 825,243 909,333 :` >:%j910 603 1,270 0.1% ;;;::981159 71,826 7.9% Public Safety Support 340,626 378,852 i::::,i•376 546': (2,306) -0.6% ::>::4'1;7 844 38,992 10.3% Public Safety Total $1,697,540 $1,857,423 $1852739: ($4,684) -0.3% ': $Z0$9151 $231,728 12.5% Building Inspections 127,329 161,870 ::%:159 9.11' (1,959) -1.2% 248 49$:> 86,628 53.5% Streets/Drainage 685,699 883,730 : ::;:914;847: 31,117 3.5% :r :<:> 1;407168: 523,438 59.2% Parks and Recreation 101,924 139,595 ::146,688• 7,093 5.1% ',•193;461: 53,866 38.6% Public Works Admin 69,674 93,739 : :106;153 12,414 13.2% '<115 366 21,627 23.1% Public Works Total $984,626 $1,278,934 ;$1.•;327599: $48,665 3.8% '::?$19644:93': $685,559 53.6% Community Dev.Total $145,412 $197,888 $226'191" $28,303 14.3% i $261659 $63,771 32.2% Reserve-Personnel 0 0 0: 0 0.0% ;:z100000.: 100,000 0.0% Total Expenditures $3,836,339 $4,499,392 $459.1;670; $92,278 2.1% >::;:$5,75$7...67: $1,259,375 28.0% Net Revenues $262,028 ($338,1.72) :: $84 936 $423,108 :;,::($912 593) ($574,421) Add:Proceeds from C.O.Sale 0 0 : 0 $0 ':::$720000:: $720,000 Less:C.O.Payment 0 0 .,::::'. ::,:,,,:.::; 0 0 :;.(155 00,.0) (155,000) Less:Transfer to Special Rev. (796) 0 .. ' 0: 0 �:' 0 Net Revenues $261,232 ($338,172)':::r $84;936. $423,108 '($347593) ($9,421) Beginning Fund Balance $875,223 $1,136,455 ::,i:$1:136;455 $0 : $1221391 $84,936 Ending Fund Balance $1,136,455 $798,283 .:;$1;221391 $423,108 : _. $873;798z: $75,515 S fix _ /7 CITY OF S O UTHLAKE 11110 DEBT SERVICE FUND 11:13 AM REVISED 1992-93 BUDGET and PROPOSED 1993-94 BUDGET 94sumall.wk3 08/12/93 1992-93 1993-94 Adpted , $Inc/ 1992-93 =$;4551$10 o : 0: $Inc/ 1991-92 1992-93 >:: 1:992` 93:> (Deer) %Inc/ :.1993» 94 (Deer) 1993-94 REVENUES Actual Budget >Revisedz:, Adopted (Deer) ;PIopoS,d'<< Adopted %Inc/ Ad Valorem Taxes $774,800 $807,049 :'s;'.$839,049.' $32,000 4.0% :'.$1081r163= $274,114 34.0% Interest Income 11,067 15,000 :.< .:::11000`- (4,000) -26.7% .. 14 000 (5,000) -33.3% Operating Transfer In 254 107,849 >107849' 0 0.0% :262:167. 154,318 143.1% Total Revenues $786,121 $929,898 :' $957 898<- $28,000 3.0% :':.$1',353 330. $423,432 45.5% EXPENDITURES Principal $205,000 $240,000 :':$240000' $0 0.0% :$340;0.00.. $100,000 41.7% Interest 333,489 423,935 i >':423935= 0 0.0% 'r:721;882: 297,947 70.3% Admin.Expenses 15,586 1,500 ::'.:1500: 0 0.0% -.: ::';`::s>1500 0 0.0% Operating Transfer/ Water/Sewer Fund 204,922 250,963 : r'`.250;963 0 0.0% 246 448`: (4,515) -1.8% Total Expenditures $758,997 $916,398 <.$916398> $0 0.0% $1;309830;? $393,432 42.9% Net Revenues $27,124 $13,500 ;:::$41500 28 000 3.0% '$43;500: 30 000 0 Beginning Fund Balance $187,611 $214,735 ::$21.4;735. $0 0.0% :':$256,235: Ending Fund Balance $214,735 $228,235 $256235' $28,000 0.0% " $299;7735?. CITY OF S O UTHT AKE • UTILITY FUND 11:13AM 94sumall.wk.3 REVISED 1992-93 BUDGET and PROPOSED 1993-94 BUDGET 08/12/93 1992-93 1993-94 Inc 1992-93 Inc / $ / 1991-92 1992-93 r 1992: 93; (Deer) %Inc/ 1993-94 (Deer) 1993-94 REVENUES Actual Budget <: wised?: Adopted (Decr) Pro osed` Adopted %Inc/ Miscellaneous $21,323 $22,118 ;> $58100 $17,50 ($4,61.8) -20.9% Interest Income 35,693 25,970 >'<'`: `: 25'97d 0 0.0% «<;24,000 1970 -7.6% Water Sales-residential1,560,336 1,677,540 :'::: 1;$ ;Q(0 157,460 9.4% ; $,SQg:: 340,960 20.3% Water Sales-commercial318,453 419,385 i> 380000 3938 -9.4% 418000 (1,385) -0.3% Sewer Sales 185,824 205,454 <'.> :;;;225;000:: 19,546 9.5% :: : .>:;:::270 45 65,000 31.6% Sanitation Sales 235,603 258,000 :: ;: 9000Q: 32,000 12.4% :::>:320000 62,000 24.0% Other utility charges 218.109 145.067 2 2 86,453 59.6% 9.7 0$.. 52.011 35.9% Total Revenues $2,575,341 $2,753,534 : $ Q4$5.'90.` $292,056 10.6% . "$$5 = $511,998 18.6% EXPENSES other $0 $25 OW .':?:$25 00 $0 0.0% S'004 $0 0.0% Debt Service-Revenue Bonds 89,423 79 719 :> 79`71 0 0.0% ': 81895 2176 2.7% Water 1,244,889 1,605,572 1(20,4:61: 14,889 0.9% >: >>1,850'.'q:: 244,797 15.2% Sewer 866,653 559,601 ';5548$8 (4,713) -0.8% : SS717$ 327,577 58.5% Sanitation 206,396 232,200 >'''>':<250;500 28,300 12.2% 288 0i)0 55,800 24.0% Operating Transfer out 159.446 267,295 ':E: .#<267 295:€_ 0 0.0% ::269613': 2 0.9% Total Expenses $2,566,807 $2,769,387 '.>s$2,807;863<; $38,476 1.44b "$3 t102 d155: $632,668 22.8% 0 Net Revenues $8,534 ($15,853 :z:;::$237 727 ??($136 523) Beginning working capital $665,982 $674,516 i :> 674SI(:. :;:':;:$912243_ Endingworkingcapital $674,516 $658,663 :•::<;:$912243 .. .:...,$7,75720: I . CITY OF SOUTHLAKE • SPECIAL REVENUE FUND Parks/Recreation 11:13 AM REVISED 1992-93 BUDGET and PROPOSED 1993-94 BUDGET 94sumall.wk3 08,12/93 1992-93 1993-94 Adopted $Inc/ 1992-93 $Inc/ 1991-92 1992-93 ::E :I992".93 ' (Deer) %Inc/ 1993. 94:< (Decr) 1993-94 REVENUES Actual Budget Revised<:. Adopted (Decr) Proposed Adopted %Inc/ Permits/Fees $101,714 $32,200 ' i ::$96 50 $64,550 200.5% $50,000 $17,800 55.3% Miscellaneous 1,595 796 >; 3 _00 (496) -62.3% 0 796 —100.0% Interest 2 815 ;:;;'.;:;: ;3 000. 1000 50.0% . • >Z OQ(1 0 0.0% Total Revenues $106,124 $34,996 :I' ::$100 050:_ $65,054 185.9% • $52 00::. $17,004 48.6% EXPENDITURES Park Improvements $0 $30,000 » $JGOQp ($14,000) —46.7% .................... $23,157 77.2% Parks and Recreation 4 075 2 000 2 000 —100.0 0 (2,000)—100.0 0 Land 0 0 #< :0 0 100.0% "46T314' 467,710 100.0% Total Expenditures $4,075 $32,000 ::;:.$16 000: ($16,000) —50.096 $520 867 $21,157 66.1% Net Revenues $102,049 $2,996 ;;. ;;,$84 050: $81,054 ($468$6�) ($4,153) Add:Proceeds from C.O.Salefa 0 0 :.` ':0 0 0.0% 320,000; Beginning Fund Balance $3,031 $105,080 >:: :S105 Y,$6, $0 $1$9; p Ending Fund Balance $105,080 $108,076 '::>�:�$1$4; $81,054 :;_$40263> • • • 110 Q X-alo CITY OF SOUTHLAKE PROPOSED BUDGET 1993-94 • ALL FUNDS SUMMARY EXPENDITURES BY DIVISION/CATEGORY 94cmdpt2.wk3 1992-93 1992-93 1993-94 $Increase/ % Increase/ 1991-92 Adopted Revised Proposed (Decrease) (Decrease) GENERAL FUND Actual Budget Budget Budget Adopted Adopted City Secretary/Mayor/Council Personnel 52,309 57,872 58,137 62,514 4,642 8.0% Operations 72,148 80,877 81,297 91,709 10,832 13.4% Capital Outlay 0 6,850 7,565 6,588 (262) -3.8% Total 124,457 145,599 146,999 160,811 15,212 10.4% City Manager's Office Personnel 111,924 126,267 136,915 140,841 14,574 11.5% Operations 11,257 12,472 19,932 23,950 11,478 92.0% Capital Outlay 5,948 2,500 2,235 2,735 235 9.4% Total 129,129 141,239 159,082 167,526 26,287 18.6% Support Services Personnel 0 21,240 18,566 23,876 2,636 12.4% Operations 407,438 475,224 479,374 502,174 26,950 5.7% Capital Outlay 10,054 13,500 15,025 75,000 61,500 455.6% Total ' 417,492 509,964 512,965 601,050 91,086 17.9% Finance 0 Personnel 120,195 106,252 117,007 160,145 53,893 50.7% Operations 72,065 85,515 70,555 84,979 (536) -0.6% Capital Outlay 79 13,720 17,925 5,950 (7,770) -56.6% Total 192,339 205,487 205,487 251,074 45,587 22.2% Municipal Court Personnel 83,839 85,430 85,430 101,094 15,664 18.3% Operations 46,975 76,728 74,478 61,909 (14,819) -19.3% Capital Outlay 14,530 700 700 0 (700) -100.0% Total 145,344 162,858 160,608 163,003 145 0.1% Fire Services Personnel 359,031 469,641 469,593 517,671 48,030 10.2% Operations 71,188 75,672 72,072 74,277 (1,395) - -1.8% Capital Outlay 101,452 23,925 23,925 98,200 74,275 310.4% Total 531,671 569,238 565,590 690,148 120,910 21.2% Police Services Personnel 617,348 723,394 724,394 786,974 63,580 8.8% Operations 115,074 110,539 101,309 114,385 3,846 3.5% Capital Outlay 92,811 75,400 84,900 79,800 4,400 5.8% Total 825,233 909,333 910,603 981,159 71,826 7.9% ID gi5- .2/ CITY OF SOUTHLAKE PROPOSED BUDGET 1993-94 ALL FUNDS SUMMARY • EXPENDITURES BY DIVISION/CATEGORY 1992-93 1992-93 1993-94 $ Increase/ % Increase/ 1991-92 Adopted Revised Proposed (Decrease) (Decrease) GENERAL FUND Actual Budget Budget Budget Adopted Adopted Public Safety Support Personnel 286,608 308,667 302,841 326,429 17,762 5.8% Operations 37,112 58,185 60,705 67,415 9,230 15.9% Capital Outlay 16,904 12,000 13,000 24,000 12,000 100.0% Total 340,624 378,852 376,546 417,844 38,992 10.3% Building Inspection Personnel 99,326 128,290 134,732 192,537 64,247 50.1% Operations 13,677 19,880 11,979 21,600 1,720 8.7% Capital Outlay 14,326 13,700 13,200 34,361 20,661 150.8% Total 127,329 161,870 159,911 248,498 86,628 53.5% Streets/Drainage Personnel 229,903 273,205 283,722 331,503 58,298 21.3% Operations 303,207 272,525 293,125 308,920 36,395 13.4% Capital Outlay 152,589 338,000 338,000 766,745 428,745 126.8% Total 685,699 883,730 914,847 1,407,168 523,438 59.2% Parks and Recreation Personnel 25,112 53,150 47,643 62,056 8,906 16.8% Operations 36,600 42,445 53,795 73,350 30,905 72.8% Capital Outlay 40,212 44,000 45,250 58,055 14,055 31.9% Total 101,924 139,595 146,688 193,461 53,866 38.6% Public Works Administration Personnel 57,587 84,564 60,906 93,131 8,567 10.1% Operations 10,405 9,175 36,247 13,460 4,285 46.7% Capital Outlay 1,682 0 9,000 8,775 8,775 100.0% Total 69,674 93,739 106,153 115,366 21,627 23.1% Community Development Personnel 90,552 133,543 147,246 155,944 22,401 16.8% Operations 54,360 57,845 69,845 87,515 29,670 51.3% Capital Outlay 500 6,500 9,100 18,200 11,700 180.0% Total 145,412 197,888 226,191 261,659 63,771 32.2% Non-Departmentalized 796 0 0 100,000 100,000 TOTAL GENERAL FUND 3,837,123 4,499,392 4,591,670 5,758,767 1,259,375 28.0% S - az CITY OF SOUTHLAKE PROPOSED BUDGET 1993-94 ALL FUNDS SUMMARY EXPENDITURES BY DIVISION/CATEGORY 1992-93 1992-93 1993-94 $Increase/ % Increase/ 1991-92 Adopted Revised Proposed (Decrease) (Decrease) DEBT SERVICE FUND Actual Budget Budget Budget Adopted Adopted Debt Service 554,075 665,435 665,435 1,063,382 397,947 59.8%. Operating Transfer 204,922 250,963 250,963 246,448 (4,515) -1.8% Total 758,997 916,398 916,398 1,309,830 393,432 42.9% TOTAL DEBT SERVICE FUND 758,997 916,398 916,398 1,309,830 393,432 42.9% UTILITY FUND Water Utilities Personnel 277,501 304,727 322,966 345,901 41,174 13.5% Operations 863,091 1,155,220 1,151,870 1,237,568 82,348 7.1% Capital Outlay 104,297 145,625 145,625 266,900 121,275 83.3% Total 1,244,889 1,605,572 1,620,461 1,850,369 244,797 15.2% Wastewater Utilities Personnel 32,508 54,689 47,752 48,752 (5,937) -10.9% Operations 747,208 501,212 503,762 824,926 323,714 64.6% 1111 Capital Outlay 86,937 3,700 3,374 13,500 9,800 264.9% Total 866,653 559,601 554,888 887,178 327,577 58.5% Sanitation Personnel 0 0 0 0 0 0.0% Operations 206,396 232,200 260,500 288,000 55,800 24.0% Capital Outlay 0 0 0 0 0 0.0% Total 206,396 232,200 260,500 288,000 55,800 24.0% Non-Departmentalized Other 0 25,000 25,000 25,000 0 0.0% Debt Service 89,423 79,719 79,719 81,895 2,176 2.7% Operating Transfer - 159,446 267,295 267,295 269,613 2,318 0.9% Total 248,869 372,014 372,014 376,508 4,494 1.2% TOTAL UTILITY FUND 2,566,807 2,769,387 2,807,863 3,402,055 632,668 22.8% SPECIAL REVENUE- PARKS/RECREATION FUND Operations&Maintenance 4,075 2,000 0 0 (2,000) 100.0% Capital Outlay 0 30,000 16,000 520,867 490,867 1636.2% Total 4,075 32,000 16,000 520,867 488,867 1527.7% 40 GRAND TOTAL 7,167,002 8,217,177 8,331,931 10,991,519 2,774,342 33.8% �'�- .?3 4 CITY OF SOUTHLAKE ADOPTED BUDGET 1993-94 ALL FUNDS SUMMARY 4110 EXPENDITURES BY CATEGORY 1992-93 1992-93 1993-94 $Increase/ % Increase/ 1991-92 Adopted Revised Proposed (Decrease) (Decrease) FUND Actual Budget Budget Budget Adopted Adopted General Fund Personnel 2,133,734 2,571,515 2,587,132 3,054,715 483,200 18.8% Operations 1,251,506 1,377,082 1,424,713 1,525,643 148,561 10.8% Capital Outlay 451,087 550,795 579,825 1,178,409 627,614 113.9% Other 796 0 0 0 0 0.0% Total 3,837,123 4,499,392 4,591,670 5,758,767 1,259,375 28.0% Debt Service Fund Debt Service 554,075 665,435 665,435 1,063,382 397,947 59.8% Operating Transfer 204,922 250,963 250,963 246,448 (4,515) -1.8% Total 758,997 916,398 916,398 1,309,830 393,432 42.9% Utility Fund Personnel 310,009 359,416 370,718 394,653 35,237 9.8% Operations 1,816,695 1,888,632 1,916,132 2,350,494 461,862 24.5% 0 Capital Outlay 191,234 149,325 148,999 280,400 131,075 87.8% Debt Service 89,423 79,719 79,719 81,895 2,176 2.7% Other 0 25,000 25,000 25,000 0 0.0% Operating Transfer 159,446 267,295 267,295 269,613 2,318 0.9% Total 2,566,807 2,769,387 2,807,863 3,402,055 632,668 22.8% Special Revenue- Parks/Recreation Fund Operations 4,075 2,000 0 0 (2,000) -100.0% Capital Outlay 0 30,000 16,000 520,867 490,867 1636.2% Total 4,075 32,000 16,000 520,867 488,867 1527.7% GRAND TOTAL ALL FUNDS 7,167,002 8,217,177 8,331,931 10,991,519 2,774,342 33.8% EXPENDITURE CATEGORY Personnel 2,443,743 2,930,931 2,957,850 3,449,368 518,437 17.7% Operations 3,072,276 3,267,714 3,340,845 3,876,137 608,423 18.6% Capital Outlay 642,321 730,120 744,824 1,979,676 1,249,556 171.1% Debt Service 848,420 996,117 996,117 1,391,725 395,608 39.7% Other 796 25,000 25,000 25,000 0 0.0% Operating Transfer 159,446 267,295 267,295 269,613 2,318 0.9% 0 GRAND TOTAL ALL FUNDS 7,167,002 8,217,177 8,331,931 10,991,519 2,774,342 33.8% City of Southlake,Texas CITY MANAGER MEMORANDUM 11/0 August 12, 1993 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Finance Director SUBJECT: Ordinance No. 591, Fixing and Levying Municipal Ad Valorem Taxes for FY1993-94 Attached hereto is Ordinance No. .591 setting the tax rat for FY1993-94 at $0 .4550 per $100 valuation, of which $ .30132 is for general operations and maintenance and $ . 15368 is for debt service . This will be the third consecutive year with no increase. Please place this item on the agenda for 1st reading for City Council consideration. LAH/kb 4111 .Ar .rir ~\ ORDINANCE NO. 591 S . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ' FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1994, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0 .4550 PER ONE HUNDRED DOLLARS ($100 . 00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS, AS OF JANUARY 1, 1993 , TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas S (hereinafter referred to as the "City") hereby finds that the tax for the fiscal year beginning October 1, 1993 , and ending September 30, 1994, hereinafter levied for current expenses of the City and the general improvements of the City and its property must be• levied to provide the revenue requirements of the budget for the ensuing year; and WHEREAS, the City Council has approved, by a separate ordinance adopted on the 7th day of September, 1993 , the budget for the fiscal year beginning October 1, 1993 , and ending September 30, 1994 ; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been complied with. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2 . That there is hereby levied and ordered to be assessed and collected for the fiscal year beginning October 1, 1993 , and ending September 30, 1994 , and for each fiscal year S thereafter until it be otherwise provided by and ordained on all taxable property, real, personal and mixed, situated within the corporate limits of the City of Southlake, Texas, and not exempt from taxation by the Constitution of the -State and valid State . laws, an ad valorem tax rate of $0 .4550 for the general operations gi.-01. Y d ----- of the City on each One Hundred Dollars ($100 . 00) assessed value of IDtaxable property, and shall be apportioned and distributed as follows : a. For the purpose of defraying the current expenses of the municipal government of the City, a tax of $0 . 30132 on each One Hundred Dollars ($100 . 00) assessed value of all taxable property. b. For the purpose of creating a sinking fund to pay the interest and principal on all outstanding debt of the City, not otherwise provided for, a tax of $0 .15368 on each one Hundred Dollars ($100 . 00) assessed value of all taxable property, within the City which shall be applied to the payment of such interest and maturities of all outstanding debt. Section 3 . That all ad valorem taxes shall become due and payable on December 31, 1993 , and all ad valorem taxes for the year shall become delinquent after January 31, 1994 . There shall be no discount for payment of taxes prior to said January 31, 1994 . A delinquent tax shall incur all penalty and interest authorized by State law Section 33 . 01 of the Property Tax Code, to-wit : a penalty of six percent (6%) of the amount of the tax for the first calendar month it is delinquent plus one percent (1%) for each additional month or portion of a month the tax remains unpaid prior to July S 1st . of the year in which it becomes delinquent . Provided, however, a tax delinquent by July 1st. incurs a total penalty of twelve percent (12%) of the amount of the delinquent tax without regard to the number of months the tax has been delinquent . A delinquent tax shall also accrue interest at a rate of one percent (1%) for each month or portion of a month the tax remains unpaid. Taxes that remain delinquent on July 1, 1994, incur an additional penalty of fifteen percent (15%) of the amount of taxes, penalty and interest due; such additional penalty is to defray costs of collection due to contract with the City' s attorney pursuant to Section 6 . 30 of the Property Tax Code. Section 4 . Taxes are payable at the office of Tarrant County Tax Collector. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. Section 5 . That the tax rolls, as presented to the City Council, together with any supplement thereto, be, and the same are hereby approved. Section 6 . That any and all ordinances, resolutions, rules, regulations, policies or provisions inconsistent or in conflict with the provisions of this Ordinance are hereby expressly repealed and rescinded to the extent of the inconsistency or conflict . S Section 7 . If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto Page 2 Ordinance No. 591 b:ORDM591.TAX/ORD&RE5/kb any person or circumstances is held invalid or unconstitutional by 410 a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect . Section 8 . That the necessity of fixing and levying municipal ad valorem taxes of the City for the next fiscal year as required by the laws of the State of Texas, requires that this Ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. PASSED AND APPROVED on first reading this day of , 1993 . Gary Fickes, Mayor ATTEST: S Sandra LeGrand City Secretary PASSED AND APPROVED on first reading this day of , 1993 . • Gary Fickes, Mayor ATTEST: Sandra LeGrand City Secretary APPROVED AS TO FORM: City Attorney Date: Adopted: Effective : 1111 Page 3 FT- ii Ordinance No. 591 b:ORD11591.TAX/ORD&RES/kb City of Southlake,Texas MEMORANDUM August 12, 1993 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Finance Director SUBJECT: Fund Balance Policy The City Council has requested that a formal policy statement be proposed for the City' s position on Fund Balance. The attached policy establishes a minimum Fund Balance for the General Fund of 150, with an optimum goal of 25%. The Utility Fund is proposed to maintain a minimum of 60 days of working capital, with the optimum of 90 days. Also included in the Policy is a reference to the reserve funds as required for Debt Service. Bond covenants. sometimes stipulate a minimum required reserve fund be established until the extinguishment of the debt. The proposed FY1993-94 Budget conforms to this policy statement, with the General Fund budget at a 15 .20 level and the Utility Fund with an 83 day working capital balance projected at the 1994 fiscal year end. 42W LAH/kb 4/eL b:FUNDBAL.LAN/CEN/kb City of Southlake,Texas FUND BALANCE POLICY August 1993 The City of Southlake' s goal shall be to maintain a fund balance in the General Fund equal to a minimum of 15% of General Fund budgeted operating expenditures, with the optimum goal of 25% . The City of Southlake' s goal shall be to maintain a fund balance of 60 days of working capital in the Utility Fund, an Enterprise Fund, with the optimum goal of 90 days of working capital . The City of Southlake shall also maintain Reserve Funds for all statutorily required reserve funds to guarantee debt service. The reserves shall be created and maintained to provide the capacity to: 1. Offset significant downturns in revenues 2 . Provide for emergency expenditures 3 . Provide sufficient working capital 4 . Provide a sufficient cash flow for daily financial needs at all times . b:FUNDBAL.LAW/CBN/kb City of Southlake,Texas August 12, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 592 / Repealing Previous Ordinances Relating to Fees Attached is Ordinance No. 592 prepared by City Attorney Wayne Olson which provides for the adoption of a resolution to establish and revise certain fees for city services, uses, and activities . This ordinance further repeals all previously adopted fees which are inconsistent with fees established by Resolution No. 93-47 adopted pursuant to this Ordinance. Only the fee provisions of the enumerated ordinances are repealed by Ordinance No. 592 . All other provisions of those ordinances shall remain in full force. KPG • ORDINANCE NO. 592 SANORDINANCE PROVIDING FOR FEES FOR CERTAIN CITY SERVICES; PROVIDING FOR THE ADOPTION OF A RESOLUTION TO ESTABLISH AND REVISE THE FEES FROM TIME TO TIME; PROVIDING FOR THE REPEAL OF FEES INCONSISTENT WITH THE FEES ESTABLISHED HEREIN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. . WHEREAS, the City of Southlake, Texas is a home rule city acting under,- its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in order to offset costs associated with the administration, investigation and implementation of ordinances and regulations applicable to development and other activities, the City Council has determined that fees should be established; and SWHEREAS, the City Council has determined that it is expedient to adopt, revise and repeal applicable fees from time-to-time through the adoption of a Resolution; and WHEREAS, the City Council desires to repeal all previously adopted fees which are inconsistent with fees established by Resolution adopted pursuant to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF. SOUTHLAKE, TEXAS: SECTION 1 All persons, firms or corporations applying for permits or other city services, activities or uses that by their nature require the applicant to pay a fee incident to such application Sshall pay the fee as prescribed by Resolution adopted by the City Council from time-to-time. The City Council shall periodically -1- gK-1, review the need for and the amount of fees for city services, uses 1111 and activities and shall adopt and revise same from time to time by Resolution. SECTION 2 It shall be a violation of this Ordinance to conduct any activity or commence any use for which the payment of a fee is required until such fee has been paid. SECTION 3 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. All fees for 4111 any activity, use or service, heretofore adopted by Ordinance, Resolution or Minute Order, which are inconsistent with anyfee hereafter adopted by Resolution pursuant to this Ordinance, are hereby declared to be void and of no force and effect upon the adoption by Resolution of a new fee for such activity, use or service. By way of enumeration but not limitation, the fees in the following ordinances are hereby voided to the extent they are inconsistent with any new fees: Ordinance Nos. 100, 160, 160-A, 160-A-2, 289 , 483 , 161, 161-B, 198 , 198-1, 236, 248, 337 , 261-A, 310, 310-B, 330, 345, 360, 395, 448 , 428 , 419, 423 , 506, 520, 520-A, 530, 532 , 533 , 534, 559, 573 , 574, 567 , and 568 . All other provisions of said ordinances which are not inconsistent or conflicting herewith shall remain in 1111 full force and effect. -2- gK-3 SECTION 4 1110 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 5 Any person, firm or corporation who violates, disobeys, omits, • ne lects or refuses to comply with or who resists the enforcement g p Y of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of ordinances providing for the payment of fees which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by • this ordinance but may be prosecuted until final disposition by the courts. -3- gK-Lt SECTION 7 1111 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 8 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so 411/ ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1993. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1993 . MAYOR ATTEST: 1110 CITY SECRETARY -4- gK-5 APPROVED AS TO FORM AND LEGALITY: 1110 City Attorney Date: ADOPTED: EFFECTIVE: slake\fee.ord(7-26-93) 11111 -5- p !/ 0 ! -1 City of Southlake,Texas August 12, 1993 S TO: Curtis E. Hawk, City Manager er FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Resolution No. 93-47 / Schedule of Fees for Certain City Services, Uses, and Activities Attached is Resolution No. 93-47 prepared by City Attorney Wayne Olson which provides a schedule of fees for certain city services, uses, and activities. This Resolution provides an expedient method to adopt, revise, and repeal applicable fees from time to time. No longer will each adopted ordinance have to be amended in order to change the fee provision of that ordinance. The Resolution addresses Administrative Activities, Community Development Activities, Public Works Activities, and Park Activities . 410 It is anticipated that the schedule of fees will be reviewed annually during the budget process. 4 KPG • gL-1 RESOLUTION NO. 93-47 S A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING FEES FOR CERTAIN SERVICES, USES, AND ACTIVITIES; PROVIDING FOR PAYMENT OF THESE FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake heretofore adopted Ordinance No. 592 providing for the adoption of fees and revisions thereto from time to time by resolution; and WHEREAS, Ithe City Council has reviewed current fees for certain services, uses, and activities and has determined that such fees should be revised. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. Schedule of Fees : The following schedule of fees shall be established and periodically updated by the City Council : SCHEDULE OF FEES Administrative Activities Activity Fee 4111 1 . NSF Check Return Charge $ 15 . 00 2 . Copy Charges $ 0 . 55 (1st page) plus 0 . 15 each additional page 3 . Water Service Customer Listing $ 1 . 00/computer page 4 . Water Customer Mailing Labels $ 35 . 00 5 . Offense/Accident Report Copies $ 4 . 00 ea. 6 . Burning Permits $ 0 . 00 7 . Ambulance Fees : Transport-Baylor, Grapevine (w/o oxygen) $150 . 00 Transport-Baylor, Grapevine (with oxygen) $160 . 00 Transport-Other Hospitals (w/o oxygen) $300 . 00 Transport-Other Hospitals (with oxygen) $310 . 00 8 . House Moving Permit $ 10 . 00 + $1, 000 Surety Bond 9 . Solicitation/Vendor Permit $ 35 . 00 (Co. license) + $10 . 00 / Agent S + $1, 000 Surety . Bond 1 gL-2 Activity Fee 10 . Seasonal Permits $ 25 . 00 • 11 . Vital Statistics : Certificate of Death $ 9 . 00 / 1st copy 3 . 00 each add' l copy at time of initial request Certificate of Birth $ 11 . 00 / copy Community Development Activities Activity Fee 1 . Board of Adjustment requests $100 . 00/request 2 . Zoning Only $200 . 00 + $10/Acre 3 . Concept Plan Only $200 . 00 + $10/Acre 4 . Zoning & Concept Plan $300 . 00 + $10/Acre 5 . Zoning and Site Plan $300 . 00 + $10/Acre 0 6 . Zoning/Concept & Site Plan $500 . 00 + $10/Acre 7 . Specific Use Permit $200 . 00 + $10/Acre 8 . Site Plans $300 . 00 + $10/Acre 9 . Amended Plat s 4 lots $100 . 00 + $20/Lot-Res $100 . 00 + $20/Ac. -Comm 10 . Amended Plat > 4 lots $200 . 00 + $20/Lot-Res $200 . 00 + $20/Ac. -Comm 11 . Plat Showing (1 lot) $300 . 00 + $20/Lot-Res $300 . 00 + $20/Ac. -Comm 12 . Plat Showing (multiple lots) $300 . 00 + $20/Lot-Res $300 . 00 + $20/Ac . -Comm 13 . Preliminary Plat (Non-P.U.D) $300 . 00 + $20/Lot-Res $300 . 00 + $20/Ac . -Comm 14 . Preliminary Plat (P.U.D. ) $300 . 00 + $30/Lot-Res $300 . 00 + $30/Ac . -Comm 15 . Final Plat (Non-P.U.D. ) $300 . 00 + $20/Lot-Res $300 . 00 + $20/Ac . -Comm • 2 gL-3 a Activity Fee 16 . Final Plat (P.U.D. ) $300 . 00 + $30/L o t-Res IIII $300 . 00 + $30/Ac : _Comm 17 . Plat Revision $300 . 00 + $20/Lot-Res $300 . 00 + $20/Ac . -Comm 18 . Plat Vacation $200 . 00 Flat Fee 19 . Easement Abandonments $150 . 00 Flat Fee 20 . R.O.W. Abandonments $150 . 00 Flat Fee 21 . Easement/R.O.W. Dedications $100 . 00 per Easement 22 . Rush Plat Filing $300 . 00 Flat Fee 23 . Two-County Filing $ 50 . 00 Flat Fee 24 . Extra Plat Page Filing $ 20 . 00 Flat Fee 25 . Mapping (1 : 1000) $ 20 . 00 per Map 26 . Mapping (1 :2000) $ 5 . 00 per Map 27 . Street Name Change $100 . 00 per Street • 28 . Temporary Batch Plant Permit $ . 00 per Permit 29 . Tree Removal Permit $ . 00 per Permit 30 . Parkland Dedication- Raw acreage cost $25, 000 . 00 per acre Public Works Activities Activity Fee 1. Construction Plan Review -2% Actual Const . Cost 2 . Computer Drainage Study: -- HEC I : --- $400 . 00 + $ . 10/Lin.Ft . HEC II : $400 . 00 + $ . 10/Lin.Ft . 3 . Construction Inspection - 3% Actual Const . Cost 4 . Street Cut Permit $ 15 . 00 per Street 5 . Water Tap Fee 1" Meter - $ 360 . 00 2" Meter - $ 600 . 00 4" Meter - $ 1, 900 . 00 6" Meter - $ 2, 777 . 00 8" Meter - $ 4, 054 . 00 4111 gL- 4 Activity_ Fee 6 . Sewer Tap Fee $ 75 . 00 Water Service Charge • 7 . $ 15 . 00 8 . Water Deposits : Residential Accounts $ 50 . 00 Commercial Accounts Reviewed by Utility Billing Coordinator 9 . Fire Plug Meter Deposit (City Meter) $650 . 00 Fire Plug Meter Deposit (Own Meter) $100 . 00 10 . Water Reconnect Fees : 8 a.m. - 5 p.m, Business Days $ 15 . 00 After 5 p.m. , Business Days $ 40 . 00 Non-Business Days $ 40 . 00 11 . Water Re-installation Fee $ 35 . 00 12 . Water Meter Reread Fee $ 5 . 00 4110 14 . Late Utility Payment Fee l00 of Outstanding Balance 15 . Additional Recycling Bins $ 6 . 00 per Bin 16 . Street Light Costs Developer pays for installation and one year operation cost 17 . Building Permit Fees Per the currently adopted U.B. C. (Administrative Code) 18 . Water Well Permit $ 30 . 00 19 . Sign Permit, Permanent Type (1 - 50 sq. ft . ) $ 50 . 00 minimum Sign Permit, Permanent Type (> 50 sq. ft . ) $ 1 . 00 / sq. ft . Sign Permit, Temporary Type $ 25 . 00 20 . Culvert Permit $ 30 . 00 21 . Approach Permit $ 30 . 00 S 4 gL--5 Park Activities Activity Fee •1. Non-profit Organizations : Annual Registration Fee $ 25 . 00 (refundable) Security Deposit $ 50 . 00 (refundable) Special Events Fee : Lodge in the Park $ 10 . 00/Hr. (3 Hr. Minimum) Community Building . $ 15 . 00/Room/Hr. (3 Hr. Minimum) $ 75 . 00/Hr. (EntireBldg. ) (3 Hr. Minimum) 2 . Other Citizens or Groups : Security Deposit $ 50 . 00 (refundable) Special Events Fee: Lodge in the Park $ 10 . 00/Hr. (3 Hr. Minimum) 4111 Community Building $ 15 . 00/Room/Hr. (3 Hr. Minimum) $ 75 . 00/Hr. (EntireBldg. ) (3 Hr. Minimum) 3 . Ballfield Fees : Lighting Fee $ 5 . 00/Hr. (2 Hr. Minimum) Paid in advance Field Preparation Fees : Weekday Games $ 25 . 00 Weekend Games $ 37 . 50 4 . Organized Athletic Programs $1, 000, 000 . 00 General Liability Insurance Policy 5 . TV/VCR Rental Fee $ 5 . 00/Use 6 . Tennis Racket Rental, Fee $ 2 . 50/Hr. /Person 1111 5 gL- ( Section 2 . Payment of Fees : All fees as established herein shall be paid upon the submittal of the appropriate request to the City. No action shall be taken by the City until such time as the applicable fees Sare paid in full . Section 3 . Effective Date : The fees established herein shall be effective upon passage of this Resolution and shall take precedence over any fees previously adopted which are in conflict herewith. PASSED AND APPROVED this the day of , 1993 . CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor • ATTEST: Sandra L. LeGrand City Secretary 4110 APPROVED AS TO FORM: City Attorney City of Southlake, Texas 0 B:\WPFILES\RESOL.FEE\8/11/93 6 ,?L- 1 'r City of Southlake,Texas CITY ANAG R 1 M E M O R A N D U M $�`�•�3 August 12, 1993 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 580, 1st Reading, Calling a Special Election for the Purpose of Levying a Sales and Use Tax At the June 1, 1993 City Council meeting, the Council tabled the calling of an election in August for the 1/2 cent sales tax. The delay moved the election date to the November 2, 1993 election • ballot. In order to schedule the election for November, the Council must adopt an Ordinance calling for the special election for the purpose of levying the 1/2 cent sales tax. The 1/2 cent sales tax as proposed will be used for the benefit of an Economic Development Corporation for the purpose of developing public parks, a library, and other projects as permitted by Statute. - The City Council first appointed a Task Force in September 1992 to explore the feasibility of Southlake adopting the 1/2 cent sales 1111 tax. The initial recommendation of the committee in December 1992 was to place in motion the effort to educate the voters for a May 1993 election date. In February 1993, the Council delayed action on calling the election due to other issues scheduled for the May ballot, such as the school funding issue. LAH salestx5 S Q t FIELDING, BARRETT TEL: 817-560-3953 Aug 12 ,93 14 :02 No .012 P.02 ORDINANCE NO. 580 • AN ORDINANCE CALLING A SPECIAL ELECTION TO DETERMINE WHETHER OR NOT THE VOTERS DESIRE TO LEVY A SALES AND USE TAX FOR THE BENEFIT OF AN ECONOMIC DEVELOPMENT CORPORATION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFI'EC I IVL DATE. WHERF,AS, the City of Southlake 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.T.A.C., Art. 51904 provides that certain eligible cities may create an Industrial Development Corporation to be funded by a sales and use tax for the benefit of the corporation, if the tax is authorized , 0 by a majority of the qualified voters; and WHEREAS, the City of Southlake is an eligible city as defined by Section 4B(a)(1) of the Development Corporation Act; and WHEREAS, the Development Corporation Act provides that an election shall be held in accordance with Chapter 321 of the Tax Code; and • WHEREAS, Section 321.401 of the Tax Code provides that the governing body of a municipality may, by ordinance, call an election by the vote of a majority of its members; and WHEREAS, Section 321.403 of the Tax Code provides that such an election must be held on the first succeeding uniform date for which sufficient time elapses for the holding of an election; and WHEREAS, Section 41.001 of the Texas Election Code specifies that the first Tuesday after the first Monday in November of odd numbered years shall be a uniform ii election date available for local special elections; and f:lfiIc\munl\slake\C[cctian,of(081293) 120 FIELDING, BHRRE I I ILL: 81(-5bU—SY5S Hug 12 ,95 14 U2 No .U 12 F .06 .46 WHEREAS, the first Tuesday after the first Monday in November, falls on Ill November 2, 1993. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Southlake, TEXAS: • SECTTON 1 A special election shall be held on November 2, 1993, on the following proposition: rROPOSJTSQN 1: i FOR The adoption of a one-half of one percent sales and use tax for the benefit of an industrial development corporation created pursuant to AGAINST V.A.T.C.S. Article 5190.6, Section 4B, for the purpose of developing public parks, a library or other projects permitted by law. SECTION 2 ( This ordinance shall be cumulative of all provisions of ordinances of the City of . . Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. f tileAmuni\elaketcicction.or2(081293) 2 1' r- I lt-1tiUlIYV : Lni�tc� i i U11 'Juv—JvJJ nub iL / � s 1'+ -vc �vu .utt r .V4 SECTION 4 The City Secretary of the City of Southiake is hereby directed to engross and enroll this ordinance by copying the caption and effective date clause in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 5 This ordinance shall be in full force and effect from and after its passage as required by law, and it is so ordained, PASSED AND APPROVED ON FIRST READING ON THIS _,- DAY OF 1993. • MAYOR ATTEST; CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1993. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f:Vilealmunii iakcictectinn.or2(0812Q3) 3 i` City of Southlake,Texas \3 •R3 e MEMORANDUM August 13 , 1993 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization to Proceed for the Advertisement of Bids for Construction of South Peytonville Ave. from Continental Blvd. to Carroll High School and for the Preparation of the Right-Of-Way Legal Documents. South Peytonville Ave. from Continental to Carroll High School is in need of reconstruction. Since Tarrant County rejected the request to improve the street, due to drainage and safety concerns, the staff has been working on alternative plans for the reconstruction of this street . Five alternatives have been investigated and will be presented to Council . The alternatives are shown on the attached sheets along with a summary of the costs . In my opinion the best solution, and what I will be recommending to Council, is to construct a twenty-two foot (22 ' ) roadway with adequate drainage (Option #1A) . This design will necessitate the acquisition of additional right-of-way (ROW) , the majority from the west side . Peytonville Option #1A will require the taking of a significant number of trees, as previously discussed with the City Council . However, because of safety, proper drainage and life of the pavement, this option is the preferred alternative. If you recall, Tarrant County declined to construct South Peytonville this summer because of : 1 . The lack of proper drainage . (:: Any street that does not have proper drainage will not last the designed life of the pavement . South Carroll from F.M. 1709 to Continental is a good example. The county reconstructed South Carroll in 1989 . Where there is some drainage, the north 1/3rd and the south 1/3rd, the street has performed adequately; however, the middle 1/3rd where there is poor drainage, the street needs to be rebuilt . Peytonville 2 . Safety for construction employees and citizens . South Peytonville has a narrow ROW which coupled with the closeness of the trees to the existing narrow pavement creates a problem. The county chose not to work in those conditions . Even if a contractor or the county could construct a street between the trees, I cannot recommend that a street be built that penalizes a prudent driver that makes a minor error. A roadway needs to have a "forgiving" area for the prudent driver. Any hazard right next to the pavement is not forgiving when impacted. Also in my opinion, Option #4 , the 2 inch overlay is not cost effective as it would last only two years . As per Eddie Cheatham' s letter which is attached and referenced to the attached construction schedule, if Option #1A is authorized, acquiring the right-of-way will proceed immediately. To accomplish the acquisition, the City will need to authorize entering into an agreement with Cheatham and Associates to prepare the right-of-way descriptions and documents . The agreed cost to the City for this activity with Cheatham and Associates is $2 , 750 . Upon completion of ROW acquisition, January 1, 1994, the utilities can begin to relocate their infrastructures . The City water division will need to relocate a water line which is under the existing pavement with only 2 feet of cover. The Public Works staff recommends that the City Council authorize the City Manager to proceed to advertise for bids for the reconstruction of S . Peytonville to a 22 foot pavement with proper drainage as per Option #lA (using Tarrant County to construct the pavement) and the Council authorize Cheatham and Associates to prepare the ROW documents for a fee not to exceed $2 , 750 . fr BW WPFILES\WTHEAD\PEYTONVILLE /04`,Z, CHEATHAM AND ASSOCIATES August 11, 1993 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Right-of-Way Parcels for N. Carroll Ave. and Peytonville Ave. Dear Mr. Whitehead: If the City Council elects to proceed with the reconstruction of N. Carroll and Peytonville, and additional right-of-way is required, the right-of-way parcels must be prepared. We hereby propose that our existing engineering services contract be amended, to allow us to proceed with the preparation of the parcels. Our fee for said preparation shall be $2,750 each for the Peytonville Ave. and Carroll Ave. parcels. Therefore, if both streets require additional right-of-way, the total adjustment to the fee would be $5,500.00. This fee will compensate Cheatham and Associates for the required office work, including all necessary calculations, drafting, and legal descriptions which are necessary to produce the right-of-way documents. We will be prepared to discuss the proposed alignments, and explain where an additional right-of-way will be required, at the City Council Meeting. If you have any questions, please give us a call. Respectfully,,, kAL..._C‘9- 3C=„____. Eddie Cheatham, P.E. \parcels.row /oa 3 ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West • Suite 207 • Arlington, Texas 76006 817/633-1023 • Metro 640-4329 • CHEATHAM AND ASSOCIATES August 11, 1993 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Reconstruction of S. Peytonville Ave. from Continental Blvd. to Carroll High School Dear Mr. Whitehead: As you are aware, the street alignment and reconstruction of S. Peytonville from the high school to Continental has not been resolved. There are several options to consider for the project, and we have enclosed a typical section and cost estimate for each option. The costs for the five options vary from $89,600 to $385,000, see summary attached. One important factor to consider is the expected life of the street. The 2" overlay of existing street, with no additional drainage work, is estimated to cost $89,600. This section has an expected life of 2 years, before a considerable amount of maintenance will most likely be required. - In comparison the 4" HMAC roadway, with a stabilized subgrade, and with drainage improvements, is estimated to cost $295,000 with County participation. However $80,000 of this cost is required for right-of-way acquisition. The expected life of this street is 10 years. The expected life of a street is difficult to determine. It depends upon the volume and type of traffic, and the amount of routine maintenance which is performed. Our estimation of the expected life of these streets is based upon our knowledge of these factors. Therefore, for an additional $205,400, the street could last another 8 years, and would be a much wider and safer section to travel. One additional item should be mentioned. This involves the existing water line from the high school to Continental. This line is under the existing pavement with only 2 ft. of cover. The proposed roadway reconstruction will require that a new water line be installed. This line should be located such that it will not conflict with the ultimate street construction in the future. We have enclosed a schedule of construction for this project. As you can see, if the option of acquiring the new right-of-way is chosen, we anticipate that process being complete by January 1, 1994. Then the various utility companies can begin to relocate their lines, which is estimated to take until May 1, 1994. The right-of-way would then be ready for the street construction which could begin the first of June, and be completed by October 1, 1994. Hopefully this schedule could be improved upon with cooperation from the property owners, and utility companies. If so, the road should be complete prior to the fall school year of 1994. /64 ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design,Inc. 1 170 Corporate Drive West • Suite 207 • Arlington, Texas 76006 817/633-1023 • Metro 640-4329 Mr. Bob Whitehead, P.E. August 11, 1993 City of Southlake Page 2 Finally, we have enclosed our recommended street bond projects. As shown, we recommend that Options #1A be chosen for Peytonville. This option involves acquiring the new right-of- way, relocating utilities, constructing the drainage ditches and culverts, and then letting the County construct the road. The estimated cost of this option is $295,000. Hopefully this information will be of assistance to you. If you have any questions, please give us a call. Respectfully, Eddie Cheatham, P.E. 4econst.spa Enclosures • `pa—C SUMMARY OF STREET RECONSTRUCTION COSTS FOR PEYTONVILLE AVENUE Peytonville: Project Cost: (Continental to High School) Option #1 Acquire R.O.W. on west side $385,000 and bid street and drainage. Option #1A Acquire R.O.W. on west side $295,000 and county const. street, bid drainage. Option #2 Existing R.O.W. w/curb & $449,000 gutter and drainage, all bid by contractor. Option #3 Existing R.O.W. w/2" overlay $208,600 and const. drainage culverts w/min. ditches, all bid by contractor. Option #4 Existing R.O.W. w/2" overlay $89,600 w/o culverts and w/min. ditches all bid by contractor. • /0u-4 FPOSED SECTION W/O SAVIO .TREE LINE ALONG WEST SILET• , . TREES DISPLACED: WEST=80± a • '.. EAST 20± 'k �; c 65'* 51* 15' 22' 26'* 1 -1 �-- STABILIZED L (i o [._4_1... SUBGR bE 4' 22' o DRAINAGE SYSTEM d 70' OPTION # PEYTONVILLE AVENUE PROJECT BID STREET AND DRAINAGE BY CONTRACTOR ESTIMATED CONSTRUCTION COSTS DRAINAGE - $ 90,000 STREET (4" HMAC) • 162.000 • SUBTOTAL - $ 252,000 CONTINGENCY - 25,000 ENGINEERING & SURVEYING $ 28,000 RIGHT-OF-WAY/EASEMENTS 80,000 • TOTAL - $ 385,000 r")POSED SECTION W/O SAW 'I .TK t LINL AL.UIVU vvco 1 oi" TREES DISPLACED: WEST=80± ��•' ��' EAST=2 0± • '.art;.• .,� :4: ,:..;: Are;.._) {�-" ��'; 651* 51* — 15' 22' 4. 28'* /.... o STABILIZEDIt_ 41 ce 4 SUBGRA1DE 221 0 • ce O 6° BASE MATERIAL `—DRAINAGE SYSTEM `. , 70' OPTION # IA . PEYTONVILLE AVENUE DRAINAGE AND CLEARING R.O.W. BID STREET BY COUNTY . ESTIMATED CONSTRUCTION COSTS DRAINAGE - $ 90,000 STREET (4" HMAC) COUNTY 80.000 SUBTOTAL - $ 170,000 CONTINGENCY - 17,000 ENGINEERING & SURVEYING $ 28,000 RIGHT-OF-WAY/EASEMENTS 80,000 ' TOTAL - $ 295,000 CAI, 111VU I-LU.VN. ANL) PIRAJ( '`tU I:UI1I1 AIVU UU I I tli Stt; I It:". • .•ia.+ s ?; ti TREES DISPLACED: WEST=40± 4:6 • EAST=20± i 1)..e•t)h • • AO- R.O.W. 30 * 26' B / B111. 2' H.M.A.C. DRIVING. SURFACE FENCE FENCE I_vaHiEs� '± 2' �" EAST R.O.W. WEST R.O.W.—• s CURB AND 18" GUTTER. 1 TEMPORARY SLOPEEASEMENT ..,. .,,.�........ .IIMI.. 41111 u..,J,, (TYPICAL) u STABILIZED . 4 PAVEMENT SUBGRADE ,1"*—DRAINAGE SYSTEM OPTION #2 PEYTONVILLE AVENUE PROJECT BID CU RB.AND GUTTER W/DRAINAGE ESTIMATED CONSTRUCTION COSTS CULVERTS & STORM DRAIN $ 117,000 • STREET (4" HMAC) 162,000 CURB & GUTTER WITH • DRIVE APPROACHES 85.600 SUBTOTAL - $ 364,600 CONTINGENCY - 36,400 ENGINEERING & SURVEYING $ 28,000 EASEMENTS - 20,000 TOTAL - $ 449,000 CA10 111o1U 11.V. VW . HIVV G y ,L I II-r% I rr I I I I Ill lrLII I'.iL •= i TREES DISPLACED: WEST= I 0± Is ;ee, 'kOrty.1l'. \` ' - EAST=5± q 1 `.,.; 4 ,62.414 k\ / f.. ,A,41<1. 1• 30't hi\r 3*1-4' 22' 4 3'_41 I • FENCE J I FENCE R.O.W. i , R.O.W. 1 � 2�� PAVEM NFL EXISTING DRAINAGE SUBGRADE SYSTEM A OPTION # 3 Q PEYTONVILLE AVENUE DRAINAGE BID 2" OVERLAY—BY CONTRACT MINIMUM DITCH WORK ESTIMATED CONSTRUCTION COST DRAINAGE - $ 90,000 STREET (2") W/MIN. DITCHES.. - 56.000 SUBTOTAL - $ 146,00.0 CONTINGENCY - 14,600 ENGINEERING & SURVEYING $ 28,000 RIGHT-OF-WAY/EASEMENTS . 20,000 TOTAL - $ 208,600 a -- n . .. - - - - - - -- -— - -- - - --- - . - - — -- - -- -- - - —-— TREES DISPLACED: WEST= 10± ; . .y 1«i,.4,;. ,yam'' - EAST=5± q` .; •• i, 301* •4c' 1 . . 3 1�)I:-41 221 3'-4' I FENCE FENCE R.O.W. R.O.W. is, 2" PAVEMENT EXISTING SUBGRADE O OPTION # 4 PEYTONVILL,E AVENUE 2" OVERLAY BY CONTRACT NO DRAINAGE i NO ADDITIONAL R.O.W. ESTIMATED CONSTRUCTION COST STREET (2") • W/MIN. DITCHES - $ 56,000 SUBTOTAL - $ 56,000 • CONTINGENCY - 5,600 ENGINEERING & SURVEYING $ 28,000 RIGHT-OF-WAY/EASEMENTS - 0 - • TOTAL - $ 89,600 t I City of Southlake,Texas CITY rgi NAGER f�• 1� �3@ 1 MEMORANDUM August 13 , 1993 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization to Proceed for the Advertisement for Bids for Construction of North Carroll Ave. from F.M. 1709 to Dove Road and for the Preparation of the Right-Of-Way Documents. North Carroll Ave. from F.M. 1709 north to Dove Road has been planned for reconstruction. The staff would like to present to City Council the recommended design along with several alternatives . Because the estimates used for determining the $1. 5 million bond sale did not include right-of-way acquisitions, there will not be enough funds in the first bond sale to complete North Carroll as originally conceived. The staff recommendation is to construct : • the re-aligned section from F.M. 1709 to the transition back to North Carroll, • a three lane section from S.H. 114 north to Dove Creek, • a two lane section from Dove Creek to Dove Road. To minimize the right-of-way acquisition, it is Cheatham and Associates opinion that the two lane section with adequate drainage can be constructed north of Dove Creek within the existing right- of-way. In the attached material from Cheatham and Associates, Option #5 is the recommended alternative. The staff will present the various alternatives to the Council for their consideration. Because of the schools on North Carroll, construction will take place during the summer. But in order to assure that construction time, the staff needs to start acquiring the right-of-way immediately. The Schedule of Capital Projects included in this Council Packet, shows that between now and January 1, 1994 is needed to acquire the right-of-way. An additional three months will be needed to relocate the utilities . The Public Works staff recommends that the City Council authorize the City Manager to proceed with the advertizing of bids for the reconstruction of North Carroll from S .H. 114 to Dove Road; and the lDb'1 • NORTH CARROLL construction of the realigned section from F.M. 1709 to existing North Carroll . In addition, the City Council authorize Cheatham and Associates to prepare the right-of-way documents for a fee not to exceed $2 , 750 . J3&`t ' L3 BW wpfiles\wthead\ncarroll CHEATHAM AND ASSOCIATES August 11, 1993 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Right-of-Way Parcels for N. Carroll Ave. and Peytonville Ave. Dear Mr. Whitehead: If the City Council elects to proceed with,the reconstruction of N. Carroll and Peytonville, and additional right-of-way is required, the right-of-way parcels must be prepared. ' ,' We hereby propose that our existing engineering services contract be amended, to allow us to proceed with the preparation of the parcels. Our fee for said preparation shall be $2,750 each for the Peytonville Ave. and Carroll Ave. parcels. Therefore, if both streets require additional right-of-way, the total adjustment to the fee would be $5,500.00. This fee will compensate Cheatham and Associates for the required office work, including all necessary calculations, drafting, and legal descriptions which are necessary to produce the right-of-way documents. We will be prepared to discuss the proposed alignments, and explain where an additional right-of-way will be required, at the City Council Meeting. If you have any questions, please give us a call. Respectfully, Eddie Cheatham, P.E. \parcels.row /o j ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West • Suite 207 • Arlington, Texas 76006 817/633-1023 • Metro 640-4329 CHEATHAM AND ASSOCIATES August 11, 1993 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Reconstruction of N. Carroll Ave. from F.M. 1709 to Dove Road Dear Mr. Whitehead: We would like to present several options for consideration for the proposed reconstruction of N. Carroll Ave. from F.M. 1709 to Dove Road. A brief description and cost estimate for each option is enclosed. Each option involves the re-alignment of Carroll Ave. at F.M. 1709. This re-alignment will require the acquisition of additional right-of-way. It is proposed that the new roadway be aligned across the Fetchel Property on the north side of F.M. 1709. The alignment will allow for a much improved flow of traffic, and also, it will result in a much safer intersection than the one which exists. Due to a shortage of funds available, we have taken a look at constructing portions of the street as well as the entire length of roadway. However, since right-of-way costs were not included in the street task force's cost estimates, it is most likely impossible to acquire right- of-way and construct the entire street with the funds available. Therefore, we recommend that the re-alignment be constructed, but the section of street from the transition of the curve for the re-alignment to S.H. 114 not be constructed at this time, unless additional funds become available. We have also enclosed typical sections of the street for both 3-lane and 2-lane designs. The recommended Option #5 suggests that the re-alignment at F.M. 1709 be constructed, then no additional construction until S.H. 114. Then, construct 3-lanes north of S.H. 114 to Dove Creek. Prior to the Dove Creek bridge, the street will transition into 2-lanes and continue within the existing right-of-way all the way to Dove Road. We are of the opinion that no additional right-of-way will be required north of Dove Creek. The existing right-of-way should be adequate to construct culverts and re-grade the existing ditches. However, additional right-of-way will be required for the re-alignment at F.M. 1709, and, for the 3- lane section from S.H. 114 to Dove Creek. Therefore, our recommendation is that Option #5 be chosen for this project, at an estimated cost of$846,500. lobe' ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West • Suite 207 • Arlington,Texas 76006 817/633-1023 • Metro 640-4329 • Mr. Bob Whitehead, P.E. August 11, 1993 City of Southlake Page 2 We are proposing that the drainage from the middle school north to Dove Creek be conveyed in an enclosed system. Ditches will still be required along both sides of the road, but the majority of the storm water will be carried underground. This will provide a much safer street, by eliminating the deep ditch along the east side of the road, within this vicinity. We have enclosed schedules of construction for various sections of the roadway. As you can see on the schedules, each section requires acquisition of right-of-way and utility relocations. We feel that adequate time must be allowed for each of these, thus construction most likely cannot begin until next summer. We hope that these options and recommendations will meet with your approval. If you have any questions, please give us a call. Respectfully, Eddie Cheatham, P.E. Veconst.nca Enclosures `i b—f • OPTIONS FOR CONSTRUCTION OF N. CARROLL FROM F.M. 1709 TO DOVE RD. Option #1 Acquire R.O.W. and construct 3-lane section from post office to N. side of Johnson Elementary. Re-align at.F.M. 1709 w/turn lane. Provide new ditches and drainage from Dove Creek To Dove Rd. Estimated Cost: Construction $ 878,930 Contingency 97,570 Engineering & Surveying 97,500 Right-of-Way 175,000 Total $1,249,000 Trees to be Removed: West - 45 East - 15 Option #2 Same as Option #1 except, do not re-construct road from end of re-alignment at F.M. 1709 to S.H. 114 at this time. Estimated Cost: Construction $ 693,200 Contingency 77,800' Engineering & Surveying 97,500 Right-of-Way 135,000 Total $ 1,003,500 Trees to be Removed: West - 44 Fast - 8 Option /#3 Same as Option #1 except, do not re-construct road from Dove Creek to Dove Road at this time. Estimated Cost: Construction $ 688,750 Contingency 68,500 Engineering & Surveying 97,500 Right-of-Way 140,000 Total $ 994,750 Trees to be Removed: West - 29 Fast - 4 • • • Option #4 Same as Option #1 except do not acquire additional R.O.W. from Dove Creek to Dove Road, but clean existing ditches in this area, and reconstruct road w/4" HMAC. Estimated Cost: Construction $ 780,200 Contingency 78,800 Engineering & Surveying 97,500 Right-of-Way 140,000 Total .$ 1,096,500 Trees to be Removed: West - 29 Fast - 4 Option #5 Same as Option #2 except do not acquire additional R.O.W. from Dove Creek to Dove Road, but clean existing ditches in this area and reconstruct road w/4" HMAC. Estimated Cost: Construction $ 594,500 Contingency 59,500 Engineering & Surveying 97,500' Right-of-Way 95,000 Total $ 846,500 Trees to be Removed: West - 28 East - 4 in -7 • , `1,i�( �'/is fir, Ili S.,4C.1�.; ni i"SY,4', 1p'(�+11,•� ,(,.......,...(.,..Z . ..,...,„/... k„,„ P ''' 'Xi*.. lik'45./•;?,F,.,:. 7'4\ " 40> .:"..1;:g .11,..70..,!....:•.:441.i. .... ...A1,,,;ii.ISS:1‘1,yv 4,•••;);.1.2.:.;...i '1.' r'..e•--i:%,k..,,,,... e ,r,, ..:44: r• .4%,114,Y.2.....q. ,5. ‘' •t>l,-'.-% . ,lt trn ' ":4'./ 43'4k., ' ,,* '4:14 .1 t,s'. • / ezAt •,1 -Or:ri'"\\ ' ., •••g...._• .2nyll , a......... -4.,.1 . "?.54. ---.' .D.IffIl if if----'1<-:41-4 1 ,{,. r, ,� 8413 •t • 361 �' Y 1 i .; STABILI • ED A 3 1..4:, SUBGRApE 4' O. tx ' .. 411 HMAC ''DRAINAGE SYSTEM d t • NORTH CARROLL AVENUE TYPICAL SECTION • • FROM MIDDLE SCHOOL TO DOVE CREEK N.T.S. , • i flt . ir 0 3 rel I l 401 ± 22' el , , -• • .,. o STABILIZED 3 _ .]c r 5% 4 SUBGRA�E 4 2 4 4" HMAC • \—RE- GRADE '� DITCHES NORTH CARROLL AVENUE TYPICAL SECTION . FROM DOVE CREEK TO DOVE ROAD N.T.S.• City of South lake,Texas MEMORANDUM August 12, 1993 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Proposed ordinance Regulating Public Utilities Within The R. O. W. Attached you will find a draft of the proposed ordinance referenced above . This was prepared by the City Attorney' s office and incorporates the input from the Public Works Director and his Superintendents. This draft has also been forwarded via fax to all public utility companies doing business in the City so that they can review the ordinance prior to the Council meeting. Please place this on the next available City Council meeting for their discussion. GL/gh cc : T.U. Electric Tri-County Electric GTE Southwest, Inc. Lone Star Gas Harron Cablevision Sammons Communications C;\WPFILES\GLORIA\GREG MEMO.LTR\MEMOCEH8.12 l/Q,-/ t 1tLll1f4�J tiHtSKtI I ILL - Ziti-'�'OUJ 3- HU.� iL ,•JJ - J414 r u .U�.�1 .VL ORDINANCE NO. AN ORDINANCE REGULATING THE INSTALLATION, REPAIR AND MAINTENANCE OF UTILITIES WITHIN THE RIGHT-OF-WAY IN THE CITY OF SOUTRLAKE, TEXAS; PROVIDING FOR PRIOR NOTICE AND APPROVAL OF WORK WITHIN THE RIGHT-OF-WAY; PROVIDING FOR THE FILING OF A MAP AND PLAN BY UTILITY COMPANIES; PROVIDING FOR THE PROTECTION OF THE SAFETY AND CONVENIENCE OF THE PUBLIC; PROVIDING FOR RESTORATION OF THE PUBLIC STREETS AND RIGHTS-OF-WAY; 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 actin under its charter adopted Iiy the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, pursuant to said home rule charter the City of Southlake has the power to grant, renew and extend franchises for public utilities to utilize the city's rights-of-way for purposes of installing and maintaining utility infrastructure in furtherance of the conduct of the business of the public utilities; and WHEREAS, without proper regulation, the placement of utility lines and other infrastructure within the right-of-way by said public utilities will conflict with the primary underlying purpose of the rights-of-way for street, water and sewer uses conducted by the City of Southlake; and WHEREAS, the City Council of the City of Southlake deems it necessary to adopt this ordinance providing for regulations governing construction and the placement of utility lines and infrastructure by public utilities within street rights-of-way in order to protect the »1\ordi nam\utility_or2(0$110/93)) -1 //a - z 11LL✓1I ulll\1\LI 1 ILL ' V11 VVV V.2VV IIV.y 11. 7VV J 'VV 11U .VV1 I .VV l , safety and convenience of the public and to avoid misunderstandings and conflicts which might otherwise occur. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TILE CITY OF SOUTIILAKE, TEXAS: SECTION I This ordinance shall govern the location, placement, installation, repair and maintenance of all utility lines and other utility infrastructure by public utilities within street rights-of-way owned by or under the control of the City of Southlake, Texas. SECTION 2 Prior to any work being performed by public utilities within the right-of-way, at least twenty-four (24) hours notice shall be given to the City Public Works Department so that inspection personnel will be available to monitor the work within the right-of-way. Na construction shall begin within the street right-of-way until plans for such work have been reviewed by the the "Public Works Director" and approval to proceed has been given. In the event of an ,emergency repair necessitated by damage to a utility line or other infrastructure, said repairs may proceed without notice to the Public Works Director, provided that all such repairs are conducted in compliance with this ordinance and other ordinances of the City and provided that due notice is given to the Public Works Director as soon as practicable. Annually the utility company shall submit their capital improvement projects which are scheduled to be built within the corporate limits of Southlake. st\ordinanc\utllityor2(OtV10J93)) -2 // 4 -3 FIELDING . BARRETT TEL : 51 ,'-5bU-5953 Hug 12 NO .uu l r .uu 1 ' SECTION 3 Prior to the time any installation, repair or maintenance takes place, the utility company or its contractor shall submit to the Public Works Director a full and complete set of plans detailing the work which is proposed within the City right-of-way. The plans shall detail all work which is proposed within the right-of-way, including whether the construction entails underground boring or jacking or open cutting of a street, alley or sidewalk. The plan shall specifically state the length of time which the public right-of- way will be occupied for the installation or repair work and any street closure or detours which are proposed to be necessitated by the work. In the event open cutting is proposed, the plan shall detail the manner of excavating the trenches and laying pipelines or other facilities and backfilling over the same. Prior to the time any installation repair or maintenance takes place, the utility company or its contractor shall notify all utilities which have facilities located in the Public R.O.W. Each utility company shall join the appropriate one-call system when it becomes available. Prior to open cutting any street, the utility shall obtain a street cut permit from the Public Works Director. SECTION 4 All utility lines and other facilities placed within the public right-of-way shall be located so as to cause no interference with the proper use of streets, alleys or other primary use of said right-of-way, and to cause no interference with the rights or reasonable convenience of property owners who adjoin any of such streets, alleys or other rights-of- way. No poles, lines or other fixtures shall be located in a manner that wilt interfere with any sewer lines, water lines, or other existing utilities located within the right-of-way. Location of above ground facilities shall generally follow the sign guidelines in the Texas s1\ordinanctutility,a'208/10/93)) -3 //4. - y F 1LLU1Nb , tiHKKt I I I bL 1 (—�bU— � HU.9 1J 'y am NO .UU 1 t` .UD Manual for Uniform Traffic Control Devices adopted by the Texas Highway Department. Each utility will confine their facilities to their designated corridor as specified by the City. SECTION 5 Proper barriers, barricades or lights meeting the requirements of the Texas Manual for Uniform Traffic Control Devices, anchor a flagger shall be provided and maintained by the utility company or its contractor in the public right-of-way to guard the public against accidents during the progress of the work. When any street, alley, sidewalk or public ground has been cut into or opened for the purpose of doing any installation, repair or maintenance of any utility line or facility, or for any other purpose, the utility company shall compact (95%) Proctor the backfillings so as to prevent settling. In addition, all such work shall comply with trench safety requirements adopted by federal, state or local law, and any construction within the street shall comply with any city standards and specifications which might be applicable. Whenever any portion of any street, alley or sidewalk shall be obstructed, markings and barricades shall be erected to protect the public from dangers attendant to such construction and an alternate roadway and sidewalk sufficient in the opinion of the Public Works Director to accommodate the public shall be kept in good condition for travel. No work performed by the utility company or its contractor shall interfere with other utilities or uses of the right-of-way, including drainage. In addition, the portion of the right-of-way on which the project is situated will at all times be kept free of accumulating water. All earth, gravel, stone or other material excavated from such site which is not needed for the purpose of refilling same shall be promptly removed from the right-of-way. No blasting by the use of dynamite or other explosives will be made during such excavation without the prior written approval of the City. si\ordinane\utility.o42(0/10/03)) -4 F 1LLUINu , 1jHKKL I I ILL : 2i 1 r-�C)U-. 0 Huy t� , _ y -�J ivu .v�' ► r .uU SECTION 6 The regulations provided in this ordinance are hereby declared to be governmental and for the benefit of the general public. The utility company and its contractor shall assume all liability and responsibility and shall. hold harmless the City of Southlake for work performed within the public right-of-way, whether or not caused by the alleged negligence of the City of Southlake, its officers, agents, servants or employees. This liability and responsibility shall extend to and include, but not be limited to, liability for personal injury, property damage or other damages to any third person who may be injured on account of the operations of the utility company or its contractor within the right-of-way, and to damages incurred to other facilities, lines and infrastructure of the City or other public utilities located within the right-of-way which may be damaged by the work being performed by the utility company, In addition, as a condition to the use of the public right-of-way, the utility company agrees to hold harmless the City of Southlake from any damages which might be done to the utility company's own facilities and equipment, whether or not caused by the alleged negligence of the City of Southlake, its officers, agents, servants and employees. SECTION 7 After completion of any work within the public right-of-way, the utility company or its contractor shall return all flowlines and grades in the right-of-way to their original condition and shall replace and restore all pavement, sidewalks, driveways and other surfaces, including cultivated grass and turf, to as good a condition as before commencement of said work. All work shalt be done to the satisfaction of the City. The si\ordinanclutility.o0.06/10/93)) -5 r 1tLU11'Vh tiHKKt I I ILL - b 1 t—Do V'-. D D hU9 lL a: �� riu .uu 1 work shall be completed and the opening refilled and replaced within the time specified in the submitted plans. SECTION g The utility company shall not cut or open more than one-half of the roadway at any - time in order to maintain the flow of traffic at all times. However, in an emergency or with the permission of the Public Works Director, the total width of the roadway may be cut or opened provided barricades are placed at the first intersection each way from the cut and suitable detour signs are erected. Except in an emergency, all street closures or detours which will exceed twenty four (24) hours in duration shall be posted by a sign at least five (5) days prior to said closure or detour, The Public Works Director shall be responsible for notifying the City Manager, City Inspector, Police Dispatcher, and the superintendent of the affected school district(s) of the closure and/or detour. If a cut or opening is left after 6:00 p.m., a barricade must be placed on both sides of the cut and suitable flares of red or amber lights shall be placed in front of each barricade. Said barricades, flares and lights shall be furnished by the utility company. All barricades and lights shall be in compliance with the Texas Manual for Uniform Traffic Control Devices. The utility company shall be responsible for the safety of the public and shall be held fully liable for accidents and for damage that might be caused by said work. SECTION 9 In the event that the work as approved hereunder is not diligently performed by the utility company or its contractor, or in the event that the contractor or utility company abandons the job, becomes incapacitated or for other reasons does not complete the work sluydinanc\utility.or2(08/10/93)) -6 //e - 7 I 1CLUlf4l7 17hll�l t I I ILL - O 1 f -JUU-JJJ nuy I t 7 `JJ i to _ . i .�o within a timely manner, the City shall have the authority to take such action as is necessary to restore the right-of-way to a good and safe condition for the benefit and convenience of the public. Under such circumstances, the utility company shall be responsible for all costs incurred by the City in restoring the right-of-way and shall make no claim against the City for any excess costs or expenses or damage incurred by the utility company on account of the City's action hereunder. SECTION 10 The City shall have the power'at any time to order and require any utility company to remove and abate any line, facility, or other improvement that is dangerous to life or property and in the event the operator, after written notice, fails or refuses to act, the City shall have the power to remove or abate the same at the expense of the utility company without liability for damages. The utility company shall reimburse the City for all costs incurred. When required by the City for reasons of traffic conditions; public safety; street vacation, widening, relocation or regrading; or installation, repair or maintenance of drainageways, sewer mains, water pipes, power lines, signal lights, tracks, sanitation equipment or any other type of structures or improvements by the City performed on behalf of the public, the utility company shall at its own expense disconnect, remove and relocate from the street or other right-of-way any lines, facilities or other improvements when ordered in writing by the governing body of the City and the utility company shall have no claim for reimbursement of costs or damages against the City. SECTION 11 The utility company shall provide the City with a continuously current map and plan indicating the location of all lines, facilities, and other improvements of the utility company d\ordlntanc\utility.or2.(68/1W93)) -7 • /'a- - d' r 1tLll 114U OYIRRC 11 I GL • O l f -JULI which are located within the public right-of-way. The map and plan shall be updated from at least semi-annually by the utility company as new installations occur. SECTION 12 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 13 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 14 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. sllordinanc\utility_o 2((18Jt0/93)) -8 l/ - ? 1LLLf 111V 9 L111\1\L I I L-- L..L I JVti, SECTION 15 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of this ordinance or any other ordinances affecting utilities which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. • SECTION 16 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. • SECTION 17 This ordinance shall be in full force and, effect from and after its passage and publication as required by law, and it is so ordained, PASSED AND APPROVED ON FIRST REAaDING ON THIS DAY OF 1993, st\nreinanclutiiity.or2(O8/10193)) -9 // -'v MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON 'MIS DAY OF j 1993, MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney DATE: ADOPTED: EFFECTIVE: sPort1ioauc\ulility.or2(68/lD/93)) -10 // //