The URL can be used to link to this page

1993-09-07 CC PACKET City of Southlake,Texas CITY MANAGER MEMORANDUM ( S • ck e September 2, 1993 TO: Curtis E . Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: International City Managers Association Deferred Compensation Retirement Plan The International City Managers Association (ICMA) offers a Deferred Compensation (Retirement) Plan, which is authorized under Section 457 of the Internal Revenue Code. This plan allows for the pre-income tax deduction of amounts that are deposited with the ICMA Retirement Trust into participant-selected funds . It is my recommendation that the City of Southlake offer this additional retirement program to employees . Participation is strictly voluntary, and cost for administration of the plan is borne by the participant through a fee assessed to each fund. The program is similar to the Section 457 plan currently in place, the United States Conference of Mayors (USCM) plan which is administered by Public Employers Benefit Services Corporation (PEBSCO) . The program would be an addition to the City' s current benefit package. In order to offer the program to Southlake employees, Resolution 93-51 must be approved, authorizing the City Manager to execute the Administrative Services agreement with ICMA Retirement Corporation. LAH 5 A- • City of Southlake,Texas RESOLUTION NO. 93-51 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH ICMA RETIREMENT CORPORATION INCIDENTAL TO THE ADMINISTRATION OF A DEFERRED COMPENSATION PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the City of Southlake by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Southlake has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives; and WHEREAS, the City of Southlake desires that an alternate deferred compensation plan be administered by the ICMA Retirement Corporation, and that the funds held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAXE, TEXAS, THAT: SECTION 1. The City of Southlake hereby adopts or has previously adopted the deferred compensation plan (the "Plan" ) in the form of : The ICMA Retirement Corporation Deferred Compensation Plan, referred to as Appendix A. • SECTION 2 . The City of Scuthlake hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto as Appendix B, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the City of Southlake, if the assets of the plan are to be invested in the ICMA Retirement Trust . SECTION 3 . The City Manager shall be the coordinator for this program; shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the City of Southlake, any required votes under the ICMA Retirement Trust; Administrative duties to carry out the plan may be assigned to the appropriate departments, and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. SECTION 4 . This resolution shall take effect from and after its passage, and it is accordingly so resolved. Resolution No. 93-51 Page 2 PASSED AND APPROVED this day , 1993 . Gary Fickes, Mayor ATTEST: Sandra LeGrand City Secretary b:93-51.RES/ORD&RRS/kb 5k- 3 Deferred Compensation Plan Document (Appendix A) 11211 ICMA RETIREMENT 5 K_ , CORPORATION 08/89 DEFERRED COMPENSATION PLAN DOCUMENT ARTICLE I. INTRODUCTION and who has been designated by the Employer as The Employer hereby establishes the Employer's Deferred eligible to participate in the Plan. Compensation Plan, hereinafter referred to as the "Plan." Section 2.06 Includible Compensation:T-e amount of The Plan consists of the provisions set forth in this document. an Employee's compensation from the Employerfor The primary purpose of this Plan is to provide retirement a taxable year that is attributable to erv,:es per income and other deferred benefits to the Employees of the Empformed for the Employerss and that is inc:edit ie in the Employer in accordance with the provisions of Section 457 of federal incosme gross income for the e-m year for • federal income tax purposes; such tee does not the Internal Revenue Code of 1986.as amended(the"Code"). include any amount excludable from c-oss income This Plan shall be an agreement solely between the under this Plan or any other plan :escribed in Employer and participating Employees. Section 457(b) of the Code or any corer amount excludable from gross income for fede alincometax purposes. Includible Compensation s-all be deter- ARTICLE II. DEFINITIONS mined without regard to any commL-y property Section 2.01 Account: The bookkeeping account laws. maintained for each Participant reflecting the cu- Section 2.07 Joinder Agreement: An ac cement en- mulative amount of the Participant's Deferred Corn- tered into between an Employee and r-e Employer, pensation, including any income, gains, losses, or including any amendments ormodifica:onsthereof. increases or decreases in market value attributable Such agreement shall fix the amount of Deferred to the Employer's investment of the Participant's Compensation, specify a preference among the Deferred Compensation.and further reflecting any investment alternatives designated byre Employer, distributions to the Participant or the Participant's designate the Employee's Beneficiary:r Beneficiia- Beneficiary and any fees or expenses charged ries, and incorporate the terms. co-ditions. and • against such Participant's Deferred Compensation. provisions of the Plan by reference. Section 2.02 Administrator: The person or persons Section 2.08 Normal Compensation: The amount of named to carry out certain nondiscretionary ad- compensation which would be payable:o a Partfci- ministrative functions under the Plan,as hereinafter pant by the Employer for a taxable yea-4 no Joinder described.The Employer may remove any person Agreement were in effect to defer c:rnpensation as Administrator upon 60 days' advance notice in under this Plan. writing to such person,in which case the Employer shall name another person or persons to act as Section 2.09 Normal Retirement Age:Ace 70-1/2,un- • Administrator. The Administrator may resign upon less the Participant has elected an alie—ale Normal 60 days'advance notice in writing to the Employer, Retirement Age by written instrumer: :eNered to the Administrator prior to Separation in which case the Employer shall name another -cm Service. person or persons to ac as Administrator. A Participant's Normal Retirement Ace de:ermines the period during which a Participant raj L:ilize the Section 2.03 Beneficiary:The person or persons desig- catch-up limitation of Section 5.02 hereunder.Once nated by the Participant n his Joinder Agreement a Participant has to any extent utilize:-e:atch-up who shall receive any benefits payable hereunder in limitation of Section 5.02, his/her N:---e. Retire- , the event of the Participart's death.In the event that ment age may not be changed. the Participant names tv.o or more Beneficiaries, each Beneficiary shall be entitled to equal shares of A Participant's alternate Normal Re: event Age the benefits payable at the Participant's death, un may not be earlier than the earliest tote that the less otherwise provided in the Participant's Joinder Participant will become eligible to retire an:receive Agreement. If no beneficiary is designated in the unreduced retirement benefits under tre E-oloyer's Joinder Agreement, if the Designated Beneficiary basic retirement plan covering the Pa-:c::ant and .4• predeceases the Partici:ant, or if the designated may not be later than the date the Pa .caant will Beneficiary does not survive the Participant for a attain age 70-1/2.If a Participant coot-..es employ • period of fifteen (15) days. then the estate of the ment after attaining age 70-1/2. no: -a:.-g previ- Participant shall be the Beneficiary. ously elected an alternate Normal Re: e-er nt Age, the Participant's alternate Normal Re:.-erent Age Section 2.04 Deferred Compensation:The amount of shall not be later than the mandatory re:-erent age, Normal Compensation otherwise payable to the if any, established by the Employer. tre age at Participant which the Participant and the Employer which the Participant actually separates t-om ser- mutually agree to defer hereunder, any amount vice if the Employer has no mandatc-i retirement credited to a Participant's Account by reason of a age. If the Participant will not becor= e•igible to transfer under section 6.03, or any other amount receive benefits under a basic re:-e^ent plan which the Employer agrees to credit to a Participant's maintained by the Employer,the Party::oa-t's alter- Account. nate Normal Retirement Age may not be ea-iier than Section 2.05 Employee: Any individual who provides age 55 and may not be later than age-0-t 2. services for the Employer.whether as an employee Section 2.10 Participant: Any Employee v,-•:ras joined of the Employer or as ar independent contractor, the Plan pursuant to the requirements:'Article IV. Section 2.11 Plan Year:The calendar year. Section 5.02 Catch-Up Limitation: For each of the last Section 2.12 Retirement:The first date upon which both three (3)taxable years of a Participant ending be of the following shall have occurred with respect to fore his attainment of Normal Retirement Age,the a participant: Separation from Service and attain- maximum amount of Deferred Compensation shall ment of age 65. be the lesser of:(1)$15,000 or(2)the sum of(i)the Normal Limitation for the taxable year,and (ii)the Section 2.13 Separation from Service: Severance of Normal Limitation for each prior taxable year of the • the Participant's employment with the Employer Participant commencing after 1978 less the amount which constitutes a"separation from service"within of the Participant's Deferred Compensation for such the meaning of Section 402(e)(4)(A)(iii)of the Code. prior taxable years. A prior taxable year shall be In general, a Participant shall be deemed to have taken into account under the preceding sentence severed his employment with the Employer for pur- only if(i)the Participant was eligible to participate in poses of this Plan when, in accordance with the the Plan for such year (or in any other eligible established practices of the Employer,the employ- deferred compensation plan established under ment relationship is considered to have actually Section 457 of the Code which is properly taken into terminated. In the case of a Participant who is an account pursuant to regulations under section 457), independent contractor of the Employer,Separation and (ii) compensation (if any) deferred under the from Service shall be deemed to have occurred Plan(or such other plan)was subject to the deferral when the Participant's contract under which ser- limitations set forth in Section 5.01. vices are performed has completely expired and Section 5.03 Other Plans:The amount excludable from terminated,there is no foreseeable possibility that a Participant's gross income under this Plan or any the Employer will renew the contractor enter into a• other eligible deferred compensation plan under new contract for the Pagicipant's services,and it is section 457 of the Code shall not exceed$7,500.00 not anticipated that the Participant will become an Employee of the Employer. (or such greater amount allowed under Section 5.02 of the Plan), less any amount excluded from gross income under section 403(b), 402(a)(8), or 402 ARTICLE III.ADMINISTRATION (h)(1)(B)of the Code,or any amount with respect to which a deduction is allowable by reason of a Section 3.01 Duties of Employer:The Employer shall contribution to an organization described in section have the authority to make all discretionary decisions 501(c)(18)of the Code. affecting the rights or benefits of Participants which may be required in the administration of this Plan. • Section 3.02 Duties of Administrator: The Adminis- ARTICLE VI.INVESTMENTS AND ACCOUNT VALUES trator, as agent for the Employer, shall perform Section 6.01 Investment of Deferred Compensation: nondiscretionary administrative functions in con- All investments of Participant's Deferred Compen- ,; nection with the Plan,including the maintenance of sation made by the Employer,including all property Participants'. Accounts, the provision of periodic and rights purchased with such amounts and all reports of the status of each Account, and the income attributable thereto,shall be the sole prop- disbursement of benefits on behalf of the Employer erty of the Employer and shall not be held in trust for in accordance with the provisions of this Plan. Participants or as collateral security forthe fulfillment ARTICLE IV. PARTICIPATION IN THE PLAN of the Employer's obligations under the Plan.Such property shall be subject to the claims of general Section 4.01 Initial Participation: An Employee may creditors of the Employer, and no Participant or become a Participant by entering into a Joinder Beneficiary shall have any vested interest orsecured Agreement prior to the beginning of the calendar or preferred position with respect to such property or month in which the Joinder Agreement is to become have any claim against the Employer except as a effective to defer compensation not yet earned. general creditor. Section 4.02 Amendment of Joinder Agreement: A Section 6.02 Crediting of Accounts:The Participant's Participant may amend an executed Joinder Account shall reflect the amount and value of the Agreement to change the amount of compensation investments or other property obtained by the Em- not yet earned which is to be deferred(including the ployer through the investment of the Participant's reduction of such future deferrals to zero) or to Deferred Compensation. It is anticipated that the • change his investment preference(subject to such Employer's investments with respect to a Partici- restrictions as may result from the nature or terms of pant will conform to the investment preference any investment made by the Employer). Such specified in the Participant's Joinder Agreement, amendment shall become effective as of the begin- but nothing herein shall be construed to require the ping of the calendar month commencing after the Employer to make any particular investment of a date the amendment is executed.A Participant may Participant's Deferred Compensation.Each Partici- at any time amend his Joinder Agreement to change pant shall receive periodic reports,not less frequently the designated Beneficiary, and such amendment than annually,showing the then-current value of his shall become effective immediately. Account. ARTICLE V. UMITATIONS ON DEFERRALS Section 6.03 Transfers: (a) Incoming Transfers: A transfer may be accepted from an eligible deferred Section 5.01 Normal Limitation: Except as provided in compensation plan maintained by another employer section 5.02, the maximum amount of Deferred and credited to a Participant's Account under the Compensation for any Participant for any taxable Plan if(i)the Participant has separated from service year shall not exceed the lesser of$7,500.00 or 33- • with that employer and become an Employee of the 1/3 percent of the Participant's Includible Compen- Employer, and (ii) the other employer's plan pro- sation for the taxable year.This limitation will ordi- vides that such transfer will be made.The Employer narily be equivalent to the lesser of$7,500.00 or 25 may require such documentation from the prede- percent of the Participant's Normal Compensation. cessor plan as it deems necessary to effectuate the 5A- t. - transfer. to confirm that such plan is an eligible following payment options, provided that such op- deferrec compensation plan within the meaning of tion is consistent with the limitations set forth in Section 457 of the Code,and to assure that transfers Section 7.03: are provided for under such plan. The Employer (a) Equal monthly,quarterly,semi-annual or annual may refuse to accept a transfer in the form of assets payments in an amount chosen bythe Participant, other than cash, unless the Employer and the Administrator agree to hold such other assets under continuing until his Account is exhausted; the Plan.Any such transferred amount shall not be (b) One lump-sum payment; treated as a deferral subject to the limitations of Article V. except that, for purposes of applying the (c) Approx]mately equal monthly, quarterly, semi- limitations of Sections 5.01 and 5.02, an amount annual or annual payments, calculated to deferred during any taxable year under the plan continue for a period certain chosen by the fromwhch the transfer is accepted shall be treated Participant. as if it has been deferred underthis Plan during such (d) Annua. Payments equal to the minimum taxable year and compensation paid by the transferor distributions required under Section 401(a)(9)of employer shall be treated as if it had been paid by the the Code over the life expectancy of the Employer. Participant or over the re expectancies of the (b) Outgoing Transfers: An amount may be trans- Participant and his/her Beneficiary. ferred to an eligible deferred compensation plan (e) Payments equal to payments made bythe issuer maintained by another employer,and charged to a of a retirement annuity policy acquired by the Participant's Account under this Plan,if(i)the Par- Employer. ticipant has separated from service with the Em- ployer and become an employee of the other em- (f) Any odler payment option elected by the ployer,(ii) the other employer's plan provides that Participant and agreed to by the Employer and such transfer will be accepted, and (iii)the Partici- Adminstrator, provided that such option must pant and the employers have signed such agree- provide for substantiallynonincreasingpayments merits as are necessary to assure that the Employer's for any period after the latest benefit liability to pay benefits to the Participant has been commencement date under Section 7.01. discharged and assumed by the other employer. The Employer may require such documentation A Partcipant's or Beneficiary's election of a from the other plan as it deems necessary to effec- payment option must be made at least 30 days tuate the transfer, to confirm that such plan is an before he payment of benefits is to commence. eligible deferred compensation plan within the If a Participant or Beneficiary fails to make a meaning of section 457 of the Code,and to assure timely election of a payment option, benefits that transfers are provided for under such plan. -shall be paid monthly under option(c)above for Such transfers shall be made only under such a period of five years. circumstances as are permitted under section 457 of the Code and the regulations thereunder. Section 7.03 Limitation on Options:No payment option Section 6.04 Employer Liability: In no event shall the may be selected by a Participant or Beneficiary Employer's liability to pay benefits to a Participant under Sectons 7.02,7.04,or 7.05 unless it satisfies under A-ticle VI exceed the value of the amounts the requirements of Sections 401(a)(9)and 457(d)(2) credited to the Participant's Account;the Employer of the Cooe. including that payments commencing shall no:be liable for losses arising from deprecia- before the death of the Participant shag satisfy the tion or shrinkage in the value of any investments incidental ceath benefits requirement under Section acquirec under this Plan. 457(d)(2)(3)(i)(I). Unless otherwise elected by the Participar:. all determinations under Section 401(a)(9)_all be made without recalculation of life ARTICLE Vtl. BENEFITS expectances. Section 7.01 Retirement Benefits and Election on Section 7.04 Past-retirement Death Benefits:(a)Should Separation from Service: Except as otherwise the Participant die after he/sihe has begun to receive providec in this Article VII, the distribution of a benefits u-der a payment option, the remaining Participant's Account shall commence as of April 1 payments. f any,under the payment option shall be of the calendar year after the Plan Year of the payable tc:he Participant's Beneficiary commenc- Participant's Retirement,and the distribution of such ing within ne 30-day period commencing with the Retirement benefits shall be made in accordance 61st day a:ter the Participant's death, unless the with one of the payment options described in Sec- Beneficiar. elects payment under a different pay- tion 7.02.Notwithstanding the foregoing,the Partici- ment optin that is available under Section 7.02 pant may irrevocably elect within 60 days following within 60 cays of the Participant's death.Any different Separaton from Service to have the distribution of payment potion elected by a Beneficiary under this benefits commence on a fixed or determinable date section must provide for payments at a rate that is at other than that described in the preceding sentence least as rapid as under the payment option that was which is at least 60 days after the date such election applicable to the Participant. In no event shall the ' is delive-ed in writing to the Employer and forwarded Employer cr Administrator be liable to the Beneficiary to the Administrator,but not later than April 1 of the for the amount of any payment made in the name of year following the year of the Participant's Retire- the Particoant before the Administrator receives ment or attainment of age 70-1/2,whichever is later. proof of death of the Participant. r Section 7.02 Payment Options:As provided in Sections (b) If the Designated Beneficiary does not continue 7.01. 7.04, and 7.05. a Participant or Beneficiary to live for ne remaining period of payments under may elect to have the value of the Participant's the payment option,then the commuted value of any Account distributed in accordance with one of the remaining payments under the payment option shall be paid in a lump sum to the estate of the Benefi- mination as to whether such an unforeseeable • . ciary.In the event that the Participant's estate is the emergency exists shall be based on Ire merits of Beneficiary, the commuter.value of any remaining each individual case. •, payments under the payment option shall be paid to the estate in a lump sum. Section 7.07 Transitional Rule for Pre-1989 Benefit .. Elections:In the event that,prior to Jan„ary 11989, Section 7.05 Pre-retirement Death Benefits:(a)Should a Participant or Beneficiary has commenced re- al, the Participant die before he.rshe has begun to ceiving benefits under a payment option or has receive the benefits pro\iced by Section 7.01, the irrevocably elected a payment option cr benefit �£ value of the Participant's =ccount shall be payable commencement date;then that payment option or = ' to the Beneficiary commencing within the 30-day election shall remain in effect notwithstanding any period commencing or me 91st day after the other provision of this Plan. Participant's death,unless me Beneficiary irrevocably rt elects a different fixed or Determinable benefit corn ARTICLE VIII. NON-ASSIGNABILITY mencement date within 90 days of the Participant's t` death. Such benefit commencement date shall be Section 8.01 In General: Except as provided in Section . not later than the later of is i December 31 of the year 8.02, no Participant or Beneficiary shall have any • following the year of the Participant's death,or(ii)if right to commute, sell, assign, pledge. transfer or the Beneficiary is the Parti,inant's spouse,December otherwise convey or encumber the right to receive :_. 31 of the year in which the Participant would have any payments hereunder,which payments and rights W-`4 attained age 70-1/2. are expressly declared to be non-assignable and (b) Unless a Beneficiary elects a different payment non-transferable. option prior to the be fc commencement date, _�� death benefits under this Section shall bepaid in Section 8.02 Domestic Relations Orders: (a) Allow- ' � ance of Transfers:To the extent requires under a . approximately equal annual installments over five final judgment,decree,or order(including approval „. . years,or over such shorter period as may be neces- • of a property settlement agreement)made pursuant • sary to assure that the amount of any annual install- to a state domestic relations law, any portion of a • ment is not less than S3.500.A Beneficiary shall be Participant's Account may be paid or set aside for treated as if he/she were a Participant for purposes payment to a spouse,former spouse.or child of the ' ' of determining the payment options available under Participant.Where necessary to carry out the terms Section 7.02, provided.however.that the payment of such an order, a separate Account shall be option chosen by the Beneficiary must provide for established with respect to the spouse. former rr ;;: payments to the Beneficiary over a period no longer spouse, or child who shall be entitled to make than the life expectancy of the Beneficiary, and investment selections with respect thereto in the provided that such perioc may not exceed fifteen same manner as the Participant;any amount so set (15)years if the Beneficia-y is not the Participant's aside for a spouse,former spouse.or child shall be spouse. paid out in a lump sum at the earliest date that (c) In the event that the Beneficiary dies before the benefits may be paid to the Participant. unless the payment of death benefits-as commenced or been order directs a different time or form of payment. completed,the remaininc .clue of the Participant's Nothing in this Section shall be construed to autho- 4 Account shall be paid to re estate of the Beneficiary rize any amount to be distributed under the Plan at X. in a lump sum. In the e•.eit that the Participant's a time or in a form that is not permitted under Section • .,. estate is the Beneficiary. -_yment shall be made to 457 of the Code. Any payment made to a persont other than the Participantpursuant to this Section the estate in a lump sum p =shall be reduced by required income tax .vithhold- •a. Section 7.06 Unforeseeable Emergencies: (a) In the ing;the fact that payment is made to a cer_on other event an unforeseeable e—ercency occurs, a Par- than the Participant may not prevent s..ch oayment ticipant may apply to the Employer to receive that from being includible in the gross income of the part of the value of his A::aunt that is reasonably Participant for withholding and income tax reporting f • needed to satisfy the emergency need. If such an purposes. tr application is approved b.t-e Employer,the Partici- pant (b) Release from Liability to Par oipant: The shall be paid only su:n amount as the Employer Employer's liabilityto paybenefits to a Participant deems necessary to meet-e emergency need,but p / payment shall not be mace to the extent that the shall be reduced to the extent that a—oi.nts have 'yj financial hardship may be relieved through cessa- been paid or set aside for payment :o a spouse, } tion of deferral under the ='an. insurance or other former spouse,or child pursuant to paragraph(a)of reimbursement.or liquicat on of other assets to the this Section. No such transfer shall be et'ectuated extent such liquidation a.:_d not itself cause severe unless the Employer or Administrat:- -as been ,. financial hardship. provided with satisfactory evidence net the Em- ployer and the Administrator are releases rom any (b)An unforeseeable eme-ger.cy shall be deemed further claim by the Participant with resoe:t to such to involve only circums:a-ces of severe financial amounts.The Participant shall be deemed to have hardship to the Participa-:resulting from a sudden released the Employer and the Admi-strator from unexpected illness. acc cent. or disability of the any claim with respect to such amounts.in any case Participant or of a dependent(as defined in Section in which(i)the Employer or Administra:or has been 152(a) of the Code) of me Participant, loss of the served with legal process or otherwise joined in a Participant's property due casualty,or other simi- proceeding relating to such transfer. i ;the Partici- lar and extraordinary un`:-_seeable circumstances pant has been notified of the pendency of such arising as a result of everts oeyond the control of the proceeding in the manner prescribed cy to law of Participant.The need to se-d a Participant's child to the jurisdiction in which the proceeding is pending college or to purchase a -ew home shall not be for service of process in such action o-oy nail from considered unforeseeab e emergencies.The deter- the Employer or Administrator to the Participant's • last known mailing address, and (iii) the Pa-tici- ARTICLE X.AMENDMENT OR TERMINATION OF PLAN pant fails to obtain an order of the court it the proceeding relieving:ne Employer or Administra- The Employer may at any time arend this Plan provided tor from the obligatic n to comply with the 'udg- that it transmits such amendment in v,-ting to the Administra- ment, decree, or orde-. tor at least 30 days prior to the effec::ve date of the amend- ment The consent of the Administra::r shall not be required (c) Participation in Legal Proceedings: The Em- in orcer for such amendment to become effective, but the ployer and Administrator shall not be ob.gated to Administrator shall be under no oblica:ion to continue acting defend against or set aside any judgment.decree, as Acministrator hereunder if it disaperoves of such amend- or order described it paragraph (a) or any egal anent.The Employer may at any time terminate this Plan_ order relating to the Garnishment of a Participant's The Administrator may at any tire propose an amend- benefits,unless the ful expense of such legal action ment to the Plan by an instrument in w sting transmitted to the is borne by the Participant. In the even: the: the Employer at least 30 days before tre effective date of the Participant's action(or naction)nonetheless cases amendment. Such amendment sha become effective un- the Employer orAdmirstratorto incur such expense, less. within such 30-day period, the Employer notifies the the amount of the expense may be charged against Administrator in writing that it disapproves such amendment, the Participant's Account and thereby re-duce the in which case such amendment sha not become effective. Employer's obligation:o pay benefits to the Pa'tici- In the event of such disapproval,the Administrator shall be pant. In the course c' any proceeding relatir to under no obligation to continue acting as Administrator divorce,separation,c-child support,the Empoyer hereunder.If this Plan document constitutes an amendment and Administrator sha:) be authorized tc disc:ose and restatement of the Plan as pre..ously adopted by the information relating tc the Participant's AwOLnt to Employer,the amendments contained herein shall become the Participant's spouse, former spouse. or child effective on January 1,1989,and the terms of the preceding (including the legal representatives of the spouse, Plan document shall remain in effect:-trough December 31, former spouse, or child). or to a court. 1988_ ARTICLE IX. RELATIONSHIP TO OTHER PLANS AND Except as may be required to ma.ntain the status of the EMPLOYMENT AGREEMENTS Plan as an eligible deferred compensation plan underSection 7 of the Code or to comply with of-er applicable laws,no This plan serves in addition to any other retirement, amendment or termination of the =Ian shall divest any pension,or benefit plan or system presently in existence or Participant of any rights with respect to compensation de- hereinafter established for the benefit of the Emplo,ors farmed before the date of the amend—ent or termination. employees, and participation hereunder shall rot a-ect ARTICLE XI.APPLICABLE LAWbenefits receivable under any such plan or system..Nor ing contained in this Plan shall oe deemed to constitute an This Plan shall be construed unce'the laws of the state employment contract or agreement between any Pa-tici- where the Employer is located and s established with the pant and the Employer or to c ve any Participant the -ght intent that it meet the requirements :=an "eligible deferred 7 r to be retained in the employ of the Employer. tior shall compensation plan" under Sectior =57 of the Code, as anything herein be construec to modify the terns o- any amended. The provisions of this Pi shall be interpreted employment contract or agreement between aP_rtic.oant wherever possible in conformity with -e requirements of that and the Employer. section. ARTICLE XII. A-y notice to a party of this plan c•:cumer:shall be given at the last address provided in wr::-g from one party to another party.Any notice such mailed shall be determined to have peen received by such party. • 5F1-c1 Declaration of Trust of the ICMA Retirement Trust (Appendix B) • ICMA RETIREMENT k d CORPORATION DECLARATION OF TRUST • f OF ICMA RETIREMENT TRUST . ARTICLE I. NAME DEFINITIONS (o) Retirement Trust. The Trust create: by the . Section 1.1 Name:The Name of the Trus: as amended anc Declara:•cn of Trust. • restated hereby, is the ICMA Reti--ent Trust. (p) Trust Property. The amounts he : in the . Section 1.2 Definitions: Wherever the, are used herein. Retirerent Trust on behalf of tf a Public the following terms shall have the f: :wing respective Employers in connection with :eferred meanings: Compensation Plans and on behalf of:-e Public Employer Trustees for the exclusive :enefit of • (a) Bylaws. The bylaws referrec :: in Section 4.1 Employees pursuant to Qualified Plans. The hereof, as amended from time:: :ime. Trust Property shall include any income-esulting (b) Deferred Compensation Plan. A deferred from the investment to the amounts sc held. compensation plan establishec a-d maintained by (q) Trustees. The Public Employee Trustees and a Public Employer for the pu_•:se of providinc ICMA/RC Trustees elected by the Public Employers retirement income and other de'e--ed benefits to its to serve as members of the Board of Trus:ees of the `d: employees in accordance wit fine provision of Retirement Trust. section 457 of the Internal Reve-_e Code of 1954. as amended. ARTICLE II. CREATION AND PURPOSE OF THE TRUST; (c) Employees. Those employees Arlo participate in OWNERSHIP OF TRUST PROPERTY Qualified Plans. Section 2.1 Creation: The Retirement Trust is created and (d) Employer Trust. A trust crea:a-:pursuant to established roy the execution of this Declarato n of Trust an agreement between RC anc a Public Employer by the Trustees and the Public Employers. , for the purpose of investing an:administering the Section 2.2 Purpose: The purpose of the Retirement Trust • funds set aside by such Emp•:.er in connection is to provide for the commingled investmer:of funds with its Deferred Compensation agreements with held by the Public Employers in connection with their ' its employees or in connection f.ith its Qualified . Deferred Compensation and Qualified Plans. The Plan. Trust Prope-Ty shall be invested in the Po tfolios, in (e) Guaranteed Investment Contract. A contract Guaranteed Investment Contracts,and in other invest- entered into by the Retirement--_stwith insurance ments recommended by the Investment Adviser under companies that provides fora :_aranteed rate of the supervis.on of the Board of Trustees. No:art of the ; return on investments made :_rsuant to such Trust Property will be invested in securities .ssued by , contract. Public Emp'•cyers. . (f) ICMA. The International C :. Management Section 2.3 Ownership of Trust Property: The Trustees Association. shall have legal title to the Trust Property. -'ne Public (g) ICMA/RC Trustees. Those T-_sfees elected by Employers snail be the beneficial owners of:-e portion the Public Employers who,in ao::rdance with the of the Trust Property allocable to the Defe-ed Corn- .. provisions of Section 3.1(a -ereof. are alsc pensa:!on Fans. The portion of the Trust Property , members. or former members :f the Board of allocable to :he Qualified Plans shall be bed for the Public Emper Trusfees for the exclusive :enefit of Directors of ICMA or RC. the Employees.J '*€ (h) Investment Adviser.The lnves-ent Adviser that enters into a contract with the =_:-ement Trust tc ARTICLE III.TRUSTEES . provide advice with respect t: vestment of the Section3.1 Number and Qualification of Trustees:(a)The Trust Property. Boarc of Trustees shall consist of nine Trusfees. Five (i) Portfolios.The Portfolios ofin•e--ent establishec of the-rustees shall be full-time employees:U a Public by the Investment Adviser to the retirement Trust. Emplc;er l:-e Public Employee Trustees who are . • under the supervision of the --,stees, for the autho-zed b. such Pubic Employerto serve as Trustee. purpose of providing invests-=-:s for the Trust The remain -g four Trlstees shall consist c=two per- Property. sons :rho. a: the time of election to the Board of (j) Public Employee Trustees. ' nose Trustees Trustees. a-= members of the Board of D-.actors of ., elected by the Public Employers :.in accordance ICMA and h..o persons who.at the time of election,are with the provision of Section 3.- a hereof,are full- members o-:ne Board of Directors of RC(the CMA/RC time employees of Public Ern: :.ers. Trustees. Che of the Trustees who is a :-actor of onees.P_: :Employerswhc ICMA and one of the-rustees who is a dire:t:r of RC, (k) Public EmployerTrustees. serve as:rustees the P.: glans. shall. a:the:me of election. �e full-time err:•oyees of a Pub c Employer. (I) Public Employer. A unit :U state or loca (b) N: person may serve as a Trustee for-ore than government, or any agency :- instrumentality one te-m in any ten-year period. thereof,that has adopted a Defe e:Compensation Section 3.2 Election and Term: (a)Except for the Trustees Plan or a Qualified Plan anc -as executed this appointed to fill vacancies pursuant to Section 3.5 Declaration of Trust. hereof. the Trustees shall be elected by a rote of a (m) Qualified Plan. A plan sp.or_:-ed by a Public majorny of the Public Employers in accordance with the Employer for the purpose of p-.ding retirement procecures set forth in the By-Laws. (b) the first income to its employees v,- :n satisfies the election of Trustees,three Trustees shall be eected for qualification requirements of B a nation 401 of the a terry of three years,three Trustees shall be eected for Internal Revenue Code, as ar-a-:ed. a term of tv,c years ani three Trustees shall:e elected (n) RC.The International City Mana_e--entAssociatior for a term c= one yea-. At each subsequent election, Retirement Corporation. three-rustees shall be elected for a term oft-•ee years and until his or her successor is elected anc:ualified. '. Section 3.3 Nominations: Tne Trustees who are full-time (d) invest and reinvest the Trust Propel)/ in the •;;, employees of Public Employers shall serve as the Portfolios,the Guaranteed Interest Cortracts and Nominating Committee for the Public Employee Trust- in any other investment recommended by the ees. The Nominating Committee shall choose candi- Investment Adviser, but not includine securities r" dates for Public Employee Trustees in accordance with issued by Public Employers, provide: that if a the procedures set forth in the By-Laws. Public Employer has directed that its r-onies be Section 3.4 Resignation and Removal: (a) Any Trustee invested in specified Portfolios or in a G_aranteed may resign as Trustee(v,ithout need for prior orsubse- Investment Contract, the Trustees of the quent accounting)by an instrument in writing signed by Retirement Trust shall invest such —onies in . the Trustee and delivered to the other Trustees and accordance with such directions: such resignation shall be effective upon such delivery, (e) keep such portion of the Trust Property n cash or or at a later date according to the terms of the instru- cash balances as the Trustees,from tire to time, ment. Any of the Trustees may be removed for cause. may deem to be in the best interest of the by a vote of a majority of the Public Employers. (b) Retirement Trust created hereby with:.t liability Each Public Employee Trustee shall resign his or her for interest thereon; position as Trustee within sixty days of the date on (f) accept and retain for such time as they—ay deem which he or she ceases to be a full-time employee of a advisable any securities or other proper..received Public Employer. or acquired by them as Trustees hereunder, Section 3.5 Vacancies: The term of office of a Trustee shall whether or not such securities or othe- property terminate and a vacancy shall occur in the event of the would normally be purchased as i-.estment death,resignation,removal,adjudicated incompetence hereunder; or other incapacity to perform the duties of the office of (g) cause any securities or other property he:d as part a Trustee. In the case of a vacancy, the remaining of the Trust Property to be registered it:he name Trustees shall appoint such person as they in their of the RetirementTrust or in the name of a nominee, discretion shall see fit(subject to the limitations set forth and to hold any investments in bearer from,but the in this Section),to serve forthe unexpired portion of the books and records of the Trustees shall at all times term of the Trustee who has resigned or otherwise show that all such investments are a :art of the ceased to be a Trustee. The appointment shall be Trust Property; made by a written instrument signed by a majority of the Trustees. The person appointed must be the same (h) make,execute,acknowledge,and deliver any and type of Trustee(i.e.,Public Employee Trustee or ICMA/ all documents of transfer and conveyan:e and any RC Trustee) as the person who has ceased to be a and all other instruments that may be ne:essary or Trustee. An appointment of a Trustee may be made in appropriate to carry out the powers here-granted; •- anticipation of a vacancy to occur at a later date by (i) vote upon any stock, bonds, or other securities; reason of retirement or resignation,provided that such give general orspecial proxies or powers:f attorney appointment shall not become effective prior to such with or without power of substitution:exercise any retirement or resignation. Whenever a vacancy in the conversion privileges,subscription righ:s.or other ` number of Trustees shall occur, until such vacancy is options,and make any payments incider zl thereto; • filled as provided in this Section 3.5, the Trustees in oppose,or consent to,or otherwise par:cipate in, office, regardless of their number, shall have all the corporate reorganizations or to othe- changes powers granted to the Trustees and shall discharge all affecting corporate securities. and delegate the duties imposed upon the Trustees by this Declare- discretionary powers and pay any assessments or ` tion. A written instrument certifying the existence of charges in connection therewith: anc :enerally such vacancy signed by a majority of the Trustees shall exercise any of the powers of an c•,'.ner with be conclusive evidence of the existence of such va- respect to stocks, bonds, securities or other cancy. property held as part of the Trust Property; - Section 3.6 Trustees Serve in Representative Capacity: (j) enter into contracts or arrangements fc-goods or '_ • By executing this Decla-ation, each Public Employer services required in connection v.ith the:oeration agrees that the Public Employee Trustees elected by of the Retirement Trust,includinc. but-ot limited the Public Employers are authorized to act as agents to,contracts with custodians and contra::s for the .4 and representatives of :ne Public Employers collec- provision of administrative services: �'_` tively. (k) borrow or raise money for the purposes of the • ' ARTICLE IV. POWERS OF TRUSTEES Retirement Trust in such amount. and soon such terms and conditions,as the Trustees s,all deem • Section 4.1 General Powers: The Trustees shall have the advisable,provided that the aggregate amount of " power to conduct the bus ness of the Trust and to carry such borrowings shall not exceed 3 of the on its operations. Such cower shall include, but shall P value of the Trust Property. No pers: lending `,' not be limited to, the pov.er to: money to the Trustees shall be bounc:: see the (a) receive the Trust roperty from the Publ.c application of the money lent or to inq_ into its °, Employers, Public Employer Trustees or other validity, expediency or propriety or any such Trustee of any Employer Trust; borrowing; _ (b) enter into a contract with an Investment Adviser (I) incur reasonable expenses as -equi-_o for the providing,among other things,forthe establishment operation of the Retirement Trust and d_cuct such ,.F and operation of the Portfolios, selection of the expenses from of the Trust Property: Guaranteed Investment Contracts in which the (m) pay expenses properly allocable to one Trust •` Trust Property may oe invested, selection of the Property incurred in connection with the Deferred • other investments fcr the Trust Property and the Compensation Plans, Qualified Pla-s. or the payment of reasonable fees to the Investment Employer Trusts and deduct such expe-ses from Adviser and to any sup-investment adviser retained the portion of the Trust Property to vh-om such by the Investment Acviser; expenses are properly allocable: (c) review annually the performance of the Investment , (n) pay out of the Trust Property all real an:oersonal Adviser and approve annually the contract with property taxes, income taxes and other taxes of such Investment Ad,. ser; any and all kinds which. in the opir on of the Trustees, are properly levied, or assessed under existing or future laws upon, or in respect of. the Trust Property and allocate any such taxes to the Section 5.2 Liability:The Trustees shall not be liable for any • appropriate accounts; mistake of judgment or other action taken in good faith, (o) adopt.amend and repeal the bylaws,provided that and for any action taken or omitted in reliance in good such bylaws are at all times consistent with the faith upon the books of account or other records of the terms of this Declaration of Trust; Retirement Trust,upon the opinion of counsel,or upon (p) employ persons to make available interests in the reports made to the Retirement Trust by any of its officers, Retirement Trust to employers eligible to maintain employees or agents or by the Investment a Deferred Compensation Plan under Section 457 Adviser or any sub-investment adviser, accountants, or a Qualified Plan under Section 401 of the Internal appraisers or other experts or consultant selected with Revenue Code,as amended; reasonable care by the Trustees,officers or employees of the Retirement Trust. The Trustees shall also not be (q) issue the Annual Report of the Retirement Trust, liable for any loss sustained by the Trust Property by and the disclosure documents and other literature reason of any investment made in good faith and in used try the Retirement Trust; accordance with the standard of care set forth in• (r) make loans, including the purchase of debt Section 5.1. obligations, provided that all such loans shall bear Section 5.3 Bond:No Trustee shall be obligated to give any interest at the current market rate; bond or other security for the performance of any of his (s) contract for, and delegate any powers granted or her duties hereunder. hereunder to, such officers, agents, employees, auditors and attorneys as the Trustees may select, ARTICLE VI.ANNUAL REPORT TO SHAREHOLDERS provided that the Trustees may not delegate the The Trustees shall annually submit to the Public Employers powers set forth in paragraphs(b),(c)and(o)of this arc Public Employer Trustees a written report of the transac- Section 4.1 and may not delegate any powers if tions of the Retirement Trust, including financial statements such delegation wou l violate their fiduciary duties; 1%11li1 shall be certified by independent public accountants • (t) provide for the indemnification of the Officers and chosen by the Trustees. Trustees of the Retirement Trust and purchase fiduciary insurance; ARTICLE VII. DURATION OR AMENDMENT OF (u) maintain books and records, including separate RETIREMENT TRUST accounts foreach Public Employer,Public Employer Section 7.1 Withdrawal:A Public Employer or Public Em- Trustee-or Employer Trust and such additional ployer Trustee may, at any time, withdraw from this separate accounts as are required under, and Retirement Trust by delivering to the Board of Trustees consistent with, the Deferred Compensation or a written statement of withdrawal. In such statement, Qualified plan of each Public Employer;and the Public Employer or Public Employer Trustee shall • (v) do all such acts, take all such proceedings, and acknowledge that the Trust Property allocable to the • exercise all such rights and privileges,although not Public Employer is derived from compensation de- specifically mention herein, as the Trustees may ferred by employees of such Public Employer pursuant deem necessary or appropriate to administer the to its Deferred Compensation Plan or from contribu- Trust Property and to carry out the purposes of the tions to the accounts'of Employees pursuant to a Retirement Trust. Qualified Plan,and shall designate the financial institu- Section 42 Distribution of Trust Property:Distributions of tion to which such property shall be transferred by the the Trust property shall be made to,or on behalf of,the Trustees of the Retirement Trust or by the Trustee of Public Employer or Public Employer Trustee,in accor- Employer Trust. dance with the terms of the Deferred Compensation Section 7.2 Duration: The Retirement Trust shall continue • Plans,Qualified Plans or Employer Trusts. The Trust- until terminated by the vote of a majority of the Public ees of the Retirement Trust shall be fully protected in Employers,each casting one vote. Upon termination, , making payments in accordance with the directions of all of the Trust Property shall be paid out to the Public the Public Employers, Public Employer Trustees or Employers, Public Employer Trustees or the Trustees other Trustee of the Employer Trusts without ascertain- of the Employer Trusts, as appropriate. ing whether such payments are in compliance with the Section 7.3 Amendment: The Retirement Trust may be provision of the Deferred Compensation or Qualified amended by the vote of a majority of the public Employ- Plans,or the agreements creating the Employer Trusts. ers, each casting one vote. Section 4.3 Execution of Instruments: The Trustees may Section 7.4 Procedure:A resolution to terminate or amend unanimously designate any one or more of the Trust- the Retirement Trust or to remove a Trustee shall be ees to execute any instrument or document on behalf submitted to a vote of the Public Employers if: (i) a of all.including but not limited to the signing or endorse- majority of the Trustees so direct, or; (ii) a petition ment of any check and the signing of any applications, requesting a vote signed by not less that 25 percent of insurance and other contracts, and the action of such the Public Employers, is submitted to the Trustees. desionatec Trustee or Trustees shall have the same force and effect as if taken by all the Trustees. ARTICLE VIII. MISCELLANEOUS ARTICLE V. DUTY OF CARE AND LIABILITY OF Section 8.1 Governing Law:Except as otherwise required TRUSTEES by state or local law,this Declaration of Trust and the Section 5.1 Duty of Care: In exercising the powers Retirement Trust hereby created shall be construed hereinbefore granted to the Trustees, the Trustees and regulated by the laws of the District of Columbia. shall perform all acts within their authority for the Section 8.2 Counterparts: This Declaration may be ex- exclusive purpose of providing benefits for the Public •ecuted by the Public Employers and Trustees in two or Employers in connection with Deferred Compensation more counterparts,each of which shall be deemed an Plans and Public Employer Trustees pursuant to Quali- original but all of which together shall constitute one fied Plans. and shall perform such acts with the care, and the same instrument. skill,prudence and diligence in the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. 5A —e� ICMA RETIREMENT CORPORATION ADMINISTRATIVE SERVICES AGREEMENT Type: 457 • Account Number: 3893 5IN- ts ICMA • Plan # 3893 RETIREMENT CORPORATION ADMINISTRATIVE SERVICES AGREEMENT This Agreement, made as of the day of 199 , (herein referred to as the "Inception Date"), between The International City Management Association Retirement Corporation ("RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware; and the City of Southlake ("Employer") a City organized and existing under the laws of the State of • Texas with an office at 667 North Carroll Avenue, Southlake, Texas 76092. Recitals Employer acts as a public plan sponsor for a retirement plan ("Plan") with responsibility to obtain investment alternatives and services for employees participating in that Plan; The ICMA Retirement Trust (the "Trust") is a common law trust governed by an elected Board of Trustees for the commingled investment of retirement funds held by state and local governmental units for their employees; RC acts as investment adviser to the Trust; RC has designed, and the Trust offers, a series of separate funds (the "Funds") for the investment of plan assets as referenced in the Trust's principal disclosure document, "Making Sound Investment Decisions: A Retirement Investment Guide." The Funds are available only to public employers and only through the Trust and RC. In addition to serving as investment adviser to the Trust, RC provides a complete offering of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account record-keeping, investment and tax reporting, form processing, benefit disbursement and asset management. - 2 - sA- 1s ICMA • Plan.# 3893 RETIREMENT CORPORATION Agreements 1 . Appointment of RC Employer hereby designates RC as Administrator of the Plan to perform all non-discretionary functions necessary for the administration .of the Plan with respect to assets in the Plan deposited with the Trust. The functions to be performed by RC include: (a) allocation in accordance with participant direction of individual accounts to investment Funds offered by the Trust; (b) maintenance of individual accounts for participants reflecting amounts deferred, income, gain, or loss credited, and amounts disbursed as benefits; (c) provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts; (d) communication to participants of information regarding their rights and elections under the Plan; and (e) disbursement of benefits as agent for the Employer in accordance with terms of the Plan. 2. Adoption of Trust Employer has adopted the Declaration of Trust of the ICMA Retirement Trust and agrees to the commingled investment of assets of the Plan within the Trust. Employer agrees that operation of the Plan and investment, management and disbursement of amounts deposited in the Trust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure .documents (such as the Retirement Investment Guide or Employer Bulletins) as those terms and conditions may be adjusted from time to time. It is understood that the term "Employer Trust" as it is used in the Declaration of Trust shall mean this Administrative Services Agreement. 3. Employer Duty to Furnish Information Employer agrees to furnish to RC on a timely basis-such information as is necessary for_ RC to carry out its responsibilities as Administrator of the Plan, including information needed to allocate individual participant accounts to Funds in the Trust, and information as to the employment status of participants, and participant • ages, addresses and. other . identifying information (including tax identification numbers). RC shall be entitled to rely upon the accuracy of any information that is - 3 - 51\ - 1b it_TM • Plan # 3893 RETIREMENT CORPORATION furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and RC shall not be responsible for any error arising from its reliance on such information. If within ninety (90) days after the mailing of any report, statement or accounting to the Employer or a participant, the Employer or participant has not notified RC in writing of any error or objection, such report, statement, or accounting shall be deemed to have been accepted by the Employer and the participants. 4. Certain Representations, Warranties, and Covenants RC represents and warrants to Employer that: (a) RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of RC-to serve as investment adviser to the Trust is dependent upon the continued willingness of the Trust for RC to serve in that capacity. (b) RC is an investment adviser registered as such with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. ICMA-RC Services, Inc. (a wholly owned subsidiary of RC) is registered as a broker- dealer with the Securities and Exchange Commission (SEC) and is a member in good standing of the National Association of Securities Dealers, Inc. RC covenants with employer that: (c) RC shall maintain and administer the Plan in compliance with the requirements for eligible deferred compensation plans under Section 457 of the Internal Revenue Code; provided, however, RC shall not be responsible for the eligible status of the Plan in the event that the Employer directs RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 457 or otherwise causes the Plan not to be carried out in accordance with its terms; provided, further,that if the plan document used by the Employer contains terms that differ from the terms of RC's standardized plan document, RC shall not be responsible for the eligible status of the Plan to the extent affected by the differing terms in the Employer's plan document. Employer represents and warrants to RC that: (d) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. - 4 - . Plan # 3893 RETIREE'N f CORPORATION 5. Participation in Certain Proceedings The Employer hereby authorizes RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to the divorce or separation of participants in the Employer Plan. The Employer consents to the disbursement by RC of benefits that have been garnished or transferred to a former spouse, spouse or child pursuant to a domestic relations order. 6. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.9% per annum of the amount of Plan assets invested in the Trust. Such fee shall be computed and paid monthly on plan assets in the Trust at the end of each month. (b) Account Maintenance Fee. There shall be an annual account maintenance fee of $0.00 effective October 1 , 1993. The account maintenance fee is payable in full on January 1 of each year on each account in existence on that date. For accounts established after January 1 , the fee is payable on the first day of the calendar quarter following establishment and' is prorated by reference to the number of calendar quarters remaining on the day of payment. (c) Compensation for Advisory Services to the Trust. Employer acknowledges that in addition to amounts payable under this Agreement, RC receives fees from the Trust for investment advisory services furnished to the Trust. (d) Payment Procedures. All payments to RC pursuant to this Section 6 shall be paid out of the Plan Assets held by the Trust and shall be paid by the Trust. The amount of Plan Assets held in the Trust shall be adjusted by the Trust as required to reflect such payments. 7. Custody Employer understands that amounts invested in the Trust are to be remitted directly to the Trust in accordance with instructions provided to Employer by RC and are not to be remitted to RC. In the event that any check or wire transfer is incorrectly labelled or transferred to RC, RC is authorized, acting on behalf of the transferor, to transfer such check or wire transfer to the Trust. 8. Responsibility RC shall not be responsible for any acts or omissions of any person other than RC in connection with the administration or operation of the Plan. - 5 - - . . IC!IA Plan # 3893 REr[REMENF :MON IO 9. Term This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to the other. 10. Amendments and Adjustments (a) This Agreement may not be amended except by written instrument signed by the parties. (b) The parties agree that compensation for services under this Agreement and administrative and operational arrangements may be adjusted as follows: RC may propose an adjustment by written notice to the Employer given at least 60 days before the effective date of the adjustment and the notice may appear in disclosure documents such as Employer Bulletins and the Retirement Investment Guide. Such adjustment shall become effective unless, within the 60 day period before the effective date the Employer notifies RC in writing that it does not accept such adjustment, in which event RC shall be under no obligation to provide services under this Agreement. (c) No failure to exercise and no delay in exercising any right, remedy, power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege. 11 . Notices All notices required to be delivered under this Agreement shall be delivered personally or by registered or certified mai.11, postage prepaid, return receipt requested, to (i) RC at 777 North Capitol Street, N.E., Suite 600, Washington, D.C, 20002-4240; (ii) Employer at the office set forth in the first paragraph hereof, or to any other address designated by the party to receive the same by written notice similarly given. 12. Complete Agreement This Agreement shall constitute the sole agreement between RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. Any prior agreements, promises, negotiations or representations„ verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. - 6 - 5 ICMA ' Plan # 3893 RETIREMENT CORPORATION 13. Governing Law This agreement shall be governed by and construed in accordance with the laws of the State of Texas applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. In Witness Whereof, the parties hereto have executed this Agreement as of the Inception Date first above written. CITY OF SOUTHLAKE by: Signature/Date Name and Title (Please Print) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION by: Stephen Wm. Nordholt/Date Corporate Secretary - 7 - • City of Southlake,Texas CITY MANAGER MEMORANDUM g_31_ 9 ,1 11 September 1, 1993 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Renewal Contract with Tarrant County Health Department The Consumer Health Service Contract is up for annual renewal. The contract agreement being considered is the same as the current year contract. The Tarrant County Health Department is currently drafting a new model food ordinance which will address such topics as farmer's markets, seasonal operations, pushcarts, risk analysis, bed and breakfast facilities, plan reviews, and food handler training, which they will provide to the city when finished. Attached in pink is the Renewal Contract for Fiscal Year 1993-94. Also attached, is the current agreement for your review. It is recommended that the new contract be approved. /sl OFFICIAL RECORD STATE OF TEXAS COUNTY OF TARRANT WHEREAS, the governing bodies of the parties herein finds the following agreement in the best interest of the citizens they serve and WHEREAS, Article 3, Section 64 of the Texas Constitution, and Chapter 791 of the Texas Government Code authorize Counties and Cities in the State of Texas to contract with one another for the performance of various governmental functions and services, including those in the areas of public health and welfare; and WHEREAS, Tarrant County and the City of Southla ke pursuant to the Constitution and the laws of the State of Texas desire to make and enter into a contract whereby Tarrant County will make available to the City.of Srnith1e kp Food Establishment and Public Swimming Pool Inspection Program Services for the public health protection of its residents; NOW, THEREFORE, KNOW ALL HEN BY THESE PRESENTS: Tarrant County hereinafter called "County," acting herein by and through Tom Vandergriff, its duly authorized County Judge as directed by the Commissioners' Court of Tarrant County, and the City of Sonthlake a municipal corporation situated in Tarrant County, Texas, hereinafter called "City" acting herein by and through Gary Fir.kes , its duly authorized Mayor , do hereby covenant and agree as follows: 1. County hereby makes available to City for the protection of its residents Food Establishment and Public Swimming Pool Inspection Program Services through the Tarrant County Health Department. 2. The Tarrant County Health Department will provide its services to all food establishments and public swimming pools located within the corporate limits of said City during the term of this agreement. The said services shall consist of a food establishment and public swimming pool inspection program, certification of establishments for issuance of health permits, collection of fees, notification to City of violations of health ordinances, documentation of program activities within City in a quarterly report, and, where legally required by ordinance, approval of food establishment and pool managers training, and certification. 3. The City agrees to maintain during the period of this agreement, ordinances which: adopt the current Texas Board of Health "Rules on Food Service Sanitation" and Retail Food Store Sanitation"; designate the Director of the Tarrant County Health Department as Health Authority for the purposes of this agreement; to require all food establishments within corporate :limits to maintain a valid health permit; adopt health permit fees of $150 annually for each food service and retail food establishment that engages in food preparation, $100 annually for each retail food establishment that does not engage in food preparation and $35 for each temporary food establishment; assign to the Tarrant County Health Department the authority to collect health permit fees directly from permit applicants; and, where not precluded by law, require food establishments to have certified managers. III - 1 SY � � 4. The City agrees to maintain during the period of this agreement, ordinances which: adopt the current Texas Minimum Standards of Sanitation and Health Protection Measures, Title 5, Chapter 341, Subchapter D, Section 341.064 of the Texas Health and Safety Code, and Design Standards for Public Swimming Pool Construction, 25 TAC, Chapter 337, Sections 337.71 through 337.96; t'o designate the Director of the Tarrant County Health Department as Health Authority for the purposes of this agreement; to require all public swimming pool and spas within the corporate limits to maintain a valid public swimming pool permit; to adopt public swimming pool permit fees of $100 annually for each public swimming pool and spa; to assign to the Tarrant County Health Department the authority to collect public swimming pool permit fees directly from permit applicants; and, where not precluded by law, to require facilities to have certified pool managers. 5. The City shall be responsible for enforcement of the City's health ordinances. 6. The term of this agreement is for a period of one (1) year commencing on October 1, 1992, and ending on September 30, 1993, unless either the County or City provides thirty (30) days written notice to the other that an amendment or termination is necessary. 7. County is an independent contractor under the terms of this agreement and is not an officer, agent, servant or employee of City. EXECUTED This 2 day of June , 1992 in Tarrant County, Texas COUNTY OF TARRANT i City of SOuthlak SATE Or IEXAS 1 /7// By• By Or a lc es Tom Vandergriff, County ud�e Date: June 2, 1992 Date: 30- =/ APPROVrrED/��ASS TTO FORM AND LEGALITY: APPROVED AS TO FORM AND LE ITY: ,d). Cit Atto e Y Y County L al Advisor Date: June 2, 1992 Date: -,Q-Pe- ATTEST: // �� /� / By: 4�-ti/L k.i 4 ��C/t-�L1 1�' ity Secretary III - 2 City of Southiake,Texas CITY MANA ,ER MEMORANDUM August 25, 1993 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Interlocal Agreement with Denton County - Seizure or Sale of Contraband Attached is the Interlocal Agreement between the City of Southiake and Denton County District Attorney's Office concerning distribution of proceeds from seizure or sale of contraband. This is a standard agreement used by Denton County with other area agencies. We have reviewed the agreement, and provided Wayne Olson a copy, and recommend that it be approved and signed by the appropriate people. I am available for any questions or comments that you might have. BC/mr Attachment wp\Memo\SeizAgmt.DC 5e -/ 7 Utz a v BRUCE ISAACKS CRIMINAL DISTRICT ATTORNEY 5TH FLOOR CARROLL COURTS BLDG. P. O. Box 2344 PHONE: 817-565-8556 DENTON, TEXAS 76202 HOT CHECKS: 817-565-8557 METRO: 430-1751 • August 10, 1993 James "Billy" Campbell, Director Southlake Department of Public Safety 667 N. Carroll Southlake, Texas 76092 Attn: Detective Charles Ward RE: Local Agreement with District Attorney - Chapter 59 CCP = Dear Director Campbell: Enclosed are two copies of a LOCAL AGREEMENT between our office and your agency with respect to the distribution of proceeds from the seizure or sale of contraband seized by the Southlake Department of Public Safety. Please affix the appropriate signatures to the extra copy of this agreement and return to my office for filing purposes. If you have any questions, feel free to call. Yours truly, Bruce Isaacks • Criminal District Attorney y AUGUST, 1993 LOCAL AGREEMENT WITH DENTON COUNTY CRIMINAL DISTRICT ATTORNEY THE STATE OF TEXAS COUNTY OF DENTON This LOCAL AGREEMENT is made and entered into by and between the CITY OF SOUTHLAKE and the SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY, hereinafter called "CITY/SDPS" and the CRIMINAL DISTRICT ATTORNEY OF DENTON COUNTY, TEXAS hereinafter called "DISTRICT ATTORNEY", WITNESSETH : WHEREAS, Chapter 59 of the Texas Code of Criminal Procedure, entitled "Forfeiture of Contraband" provides for the forfeiture to the State of Texas of property found to be "contraband" as defined therein; and WHEREAS, Chapter 59 of the Texas Code of Criminal Procedure authorizes "local agreements" between the attorney representing the state and law enforcement agencies to effect the disposition of forfeited contraband; and WHEREAS, the DISTRICT ATTORNEY represents the State of Texas in forfeiture proceedings involving contraband seized pursuant to Chapter 59 of the Texas Code of Criminal Procedure; and WHEREAS, the CITY/SDPS and DISTRICT ATTORNEY desire to enter into a "local agreement" regarding the disposition of contraband seized and forfeited under Chapter 59 of the Texas Code of Criminal Procedure; NOW THEREFORE, THIS LOCAL AGREEMENT is hereby made and entered into by CITY/SDPS and DISTRICT ATTORNEY for the mutual considerations stated herein: 5e_3 ..�.� ARTICLE I. A. In consideration for the services provided by CITY/SDPS and DISTRICT ATTORNEY associated with the forfeiture of contraband, CITY/SDPS and DISTRICT ATTORNEY agree to the following disposition of contraband forfeited under Chapter 59 of Texas Code of Criminal Procedure: (1) CITY/SDPS will receive two-thirds (66.66%) and DISTRICT ATTORNEY one-third (33.33%) of all money seized and forfeited. (2) CITY/SDPS will •receive two-thirds (66.66%) and DISTRICT ATTORNEY one-third (33.33%) of the proceeds from the sale of real property seized and forfeited. (3) CITY/SDPS will receive two-thirds (66.66%) and DISTRICT ATTORNEY one-third (33.33%) of the proceeds from the sale of personal property forfeited that the Southlake Police Department does not use in its law enforcement operations. If a motor vehicle is the subject of final forfeiture, the CITY/SDPS has the option of taking title to said vehicle and using it for law enforcement purposes in the investigation of alleged violations of the criminal laws of the State, pursuant to the requisites of Chapter 59 of the Texas Code of Criminal Procedure. If CITY/SDPS declines the first refusal of a forfeited vehicle, then the DISTRICT ATTORNEY may claim said vehicle for Denton County. If neither the CITY/SDPS nor the DISTRICT ATTORNEY claim a forfeited vehicle, the vehicle shall be sold and CITY/SDPS shall received two-thirds (66.66%) and DISTRICT ATTORNEY one-third (33.33%) of the proceeds. (4) CITY/SDPS shall pay for court costs related to forfeiture proceedings. All costs of title searches and title policies shall be paid by the CITY/SDPS when the forfeiture of real property is involved. All other costs and expenses related to forfeiture proceedings, including the costs of auctions and maintenance of property held pending a final forfeiture judgment, shall be deducted from the net proceeds prior to distribution to CITY/SDPS and DISTRICT ATTORNEY. 3e- (5) It is further specifically agreed by the parties that should special circumstances dictate that a different percentage than that set out in this Local Agreement be awarded to the DISTRICT ATTORNEY, that this Local Agreement may be specifically modified in writing by the consent of both parties. B. The proceeds from the sale of all contraband forfeited under Chapter 59 of the Texas Code of Criminal Procedure (including money) shall be received by the CITY/SDPS and deposited in the City of Southlake Treasury. CITY/SDPS will then transfer to the DISTRICT ATTORNEY money and proceeds from the sale of contraband as noted in Article I.A. above. Payments to DISTRICT ATTORNEY shall be made pursuant to Article II. C. In accordance with Chapter 59 of the Texas Code of Criminal Procedure, all money and proceeds from the sale of contraband received by the DISTRICT ATTORNEY shall be deposited in a special fund in the County Treasury for the benefit of the office of the DISTRICT ATTORNEY to be used by the DISTRICT ATTORNEY solely for the official purposes of his office. D. In accordance with Chapter 59 of the Texas Code of Criminal Procedure, all money and proceeds from the sale of contraband received by the CITY/SDPS shall be deposited in a special fund in the City Treasury to be used by the Southlake Department of Public Safety solely for law enforcement purposes. ARTICLE II. This LOCAL AGREEMENT shall apply to money or property forfeited on or after JANUARY 1, 1993. Money and property shall be considered forfeited once a forfeiture judgment has become final, and no Motion for New Trial or Notice of Appeal has been taken. Payments to the DISTRICT ATTORNEY shall be made quarterly based on a calendar year. Each quarterly payment shall be based upon the amount of money, if any, forfeited in that period and upon the proceeds of the sale, if any, of forfeited property sold by the CITY/SDPS in that period. CITY/SDPS will also pay DISTRICT ATTORNEY interest earned on each quarterly payment from the date of forfeiture until the end of the quarter. ARTICLE III. In the event that the DISTRICT ATTORNEY is required to expend significant time and effort in preseizure planning of a seizure and/or arrest, the case will be developed as a joint investigation with the percentage apportioned between parties commensurate with the time and effort required by each and an Addendum to this LOCAL AGREEMENT will be executed by the parties as it pertains to the particular seizure and/or arrest. ARTICLE IV. The term of this LOCAL AGREEMENT shall be for a period of one (1) year beginning AUGUST 1, 1993. This LOCAL AGREEMENT shall automatically be renewed on a yearly basis after the initial one (1) year term. This LOCAL AGREEMENT may be terminated by either party upon thirty (30) days prior written notice thereof to the other of its intention to terminate upon the date specified in such notice. Any pending forfeitures under this LOCAL AGREEMENT filed prior to the termination date,- however, shall not be affected by such notices. ARTICLE V. Any notice, payment, statement, or demand required or permitted to be given hereunder by either party to the other may be effected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three days after mailing. • • �c -6 • If intended for DISTRICT ATTORNEY: Bruce Isaacks Criminal District Attorney 5th Floor Carroll Courts Building P.O. Box 2344 Denton, Texas 76201-2899 If intended for the CITY/SDPS to: • James "Billy" Campbell, Director Southlake Department of Public Safety 667 N. Carroll Southlake, Texas 76092 Signed this /'D , day of , 1993. CRIMINAL DISTRICT ATTORNEY CITY OF SOUTHLAKE DENTON COUNTY,TEXAS Curtis E. Hawk City Manager Bruce Isaacks Criminal District Attorney By: Assistant City Manager SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY James "Billy" Campbell Director • `5"c- 7 • City of Southlake,Texas CITY MANAGER MEMORANDUM q' -9'0 . September 1, 1993 TO: Curtis Hawk, City Manager S• FROM: Bob Whitehead, Director of Public Works SUBJECT: Request for extension of Agreement between the City of Southlake, and Hady Aghili d/b/a Southlake Food Mart. The City of Southlake and Mr. Hady Aghili, owner of Southlake Food Mart at Randol Mill Avenue and F.M. 1709, entered into an Agreement dated February 14, 1992 which . allows a time extension until September 10, 1993 for Mr. Aghili to construct a lined drainage ditch in front of his business. The drainage ditch was required by Subdivision Regulation Ordinance. When the Agreement was written two years ago, the Texas Department of Transportation (Tx-Dot) indicated that highway elevation would be lowered and a box culvert at Southlake Food Mart would be installed by September 10, 1993 . After Tx-Dot completes this section of the highway, the ditch could be constructed to the proper elevation. If Mr. Aghili does the construction before Tx- Dot completes this section of F.M. 1709, a grade variation could occur. Since F.M. 1709 is not complete in front of Southlake Food Mart, Mr. Aghili has requested a one year extension to construct the ditch. Tx-Dot has scheduled F.M. 1709 to be completed during the summer of 1994 . The Agreement states in Section 1 .B. "It shall be the responsibility of Southlake Food Mart to install the lined drainage ditch in conformance with the plans and specifications attached thereto and incorporated herein for all purposes as Exhibit "A" by September 10, 1993 whether or not the State Department of Highways and Public Transportation has completed construction work on the box culvert under F.M. 1709 unless specifically relieved of this responsibility by action of the City Council. The parties understand that if the Department of Highways and Public Transportation delays construction of the F.M. 1709 improvements for a significant period of time, it would be engineeringly inappropriate to install the improvements required of Southlake Food Mart as it would create a grade disparity that would exacerbate drainage problems in the area. " Therefore, I recommend that Mr. Aghili be given a one year extension to construct the ditch that will conform to the reconstructed elevation of F.M. 1709 . A copy of the Agreement and letter from Mr. Aghili are attached. BW wthead\aghili.fm • Date: 8/30/93 Hady Aghili D.B.A. : Southlake Food Mart 2210 W. Southlake Blvd. Southlake, Tx. 76092 Tel. : 481 -0282 City of Southlake *-�r•.� 667 N. Carroll Ave. Southlake, Tx. 76092 Att. : City Manager Ls & Mr. R. Whitehead AUG 3 Subject: Request of contract extention. PUBLIC \71011 3 DEPT, Dear Sir: I am writing this letter to request anextention of the contract, which was signed on Feb. 14 , 1992 between me and Mr. Curtis Hawk. The above contract will expire on Sep. 11 , 1993 unless extended by action of the city. Due to delaying of the Department of Highways construction of the new box culvert crossing 1709 at Randol Mill Avenue,I would like to request ONE YEAR extention for the contract. It has been clearly understood for your staff and I ,that without the completion of Department of Highways construction, it would be engineeringly inappropriate to install the improvements required of me as it would create a grade disparity and drainage problems in the area. Your immidiate attention to this matter is greatly appreciated. Yours Truely, /, Hady Aghili 5Cl�. s. AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § This Agreement is made and entered into by and between the City of Southlake, a home rule municipal corporation, acting by and through its duly authorized City Manager, Curtis C. Hawk (hereinafter referred to as "City") , and Hady Aghili d/b/a Southlake Food Mart (hereinafter referred to as "Southlake Food Mart") . WHEREAS, Hady Aghili, d/b/a Southlake Food Mart, is acquiring an ownership interest in a 1. 1160 acre tract of land of the W. R. Eaves Survey, Abstract No. 500, being the southern portion of tract 2C of said survey and being located at the northeastern corner of the intersection of Randol Mill Avenue and FM 1709 ; and WHEREAS, Hady Aghili, d/b/a Southlake Food Mart, proposes to utilize said property for the construction and operation of a drive-in grocery/food market as a retail business establishment within the corporate limits of the City of Southlake; and WHEREAS, the owners of the property upon which Mr. Aghili proposes to locate his food mart and drive-in grocery have submitted a subdivision plat in conformance with the regulations of the City of Southlake and have instituted appropriate requests for zoning changes and concept plan approvals in conformance with municipal regulations of the City of Southlake; and WHEREAS, under the development regulations contained within the municipal Subdivision Regulation Ordinance and certain other - 1 - development regulations of the City of Southlake, it has been determined that it will be necessary and appropriate for Mr. Aghili and Southlake Food Mart to undertake certain specific improvements to make the development site safe and appropriate for use as a retail shopping facility at its current location; and WHEREAS, Mr. Aghili has requested that the City of Southlake delay the requirement for compliance with certain development regulations or site requirements normally applicable to a development such as Southlake Food Mart in order to coordinate the installation and/or construction of these improvements with road construction work currently being undertaken at or near the site of this development; and WHEREAS, the City of Southlake has determined that the State Department of Highways and Public Transportation is engaged in a major reconstruction and widening project along FM 1709 in the area directly adjacent to the property on which Mr. Aghili and Southlake Food Mart are requesting delays in the requirement to construct improvements; and WHEREAS, the construction work proposed for FM 1709 by the State Department of Highways and Public Transportation will result in significant changes in grade along the road-bed itself and in related drainage structures, thereby altering the existing drainage . and stormwater management patterns now existing within the immediate area of the northeast corner of the intersection of Randol Mill Avenue and FM 1709 ; and WHEREAS, the city council of the City of Southlake has - 2 determined after due and careful consideration that it would be in the best interest of the citizens of the City of Southlake and Mr. Aghili to allow some delay in the installation of storm drainage improvements and other ancillary development requirements normally applicable to a development of this type and this location in order to ensure that they are coordinated with the construction work along FM 1709 being undertaken by the Department of Highways and Public Transportation; and WHEREAS, in order to operate his retail business, Mr. Aghili and Southlake Food Mart will be required to secure a renewal of a Specific Use Permit for the sale of alcoholic beverages on the site in question; and WHEREAS, Mr. Aghili has agreed that his ability to operate his retail establishment will be severely affected if the necessary drainage improvements involved in this agreement are not installed and made operational within a reasonable period of time; and WHEREAS, the parties to this Agreement have mutually agreed that a pre-condition of the extension of the Specific Use Permit, which has been granted to Mr. Aghili, involving the sale of alcoholic beverages on the tract in question will be subject to non-renewal or extension if the physical improvements contained within this Agreement are not installed under the terms and conditions set forth below. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: 1. The Subdivision Regulations of the City of Southlake and certain other related development regulations would require that - 3 - Sc1- Southlake Food Mart install certain specific-drainage improvements along the right-of-way of Randol Mill Avenue extending down the western side of the property to be utilized by Southlake Food Mart in its retail development at the northeastern corner of Randol Mill Avenue and FM 1709 . The specific improvements in question involve the concrete lining of the drainage channel which would extend from the box culvert installed by the Department of Highways and Public Transportation under FM 1709 north until the channel improvements tie into the box culvert that Southlake Food Mart is installing connecting its property to the right-of-way of Randol Mill Avenue and providing ingress and egress to Randol Mill Avenue. At the present time, the existing grade of the drainage ditch currently located at this site is several feet higher that the estimated finished grade that will be required when the new box culvert is installed under FM 1709 by the Department of Highways and Public Transportation. Southlake Food Mart has requested permission to delay construction of the lined ditch section from its own ingress and egress box culvert to the northern right-of-way line of FM 1709 where the box culvert constructed by the Department of Highways and Public Transportation will be placed until such time as that new construction work has been completed. The city council of the City of Southlake has agreed that it would be inappropriate to require . Southlake Food Mart to install the lined drainage ditch at the current elevation since the ditch would have to be lowered to conform to changes in the drainage system which would result from the lowering of the FM 1709 box culvert by the Highway Department. - 4 - The Department of Highways and Public Transportation has indicated that this particular drainage structure should be constructed and in place by September 10, 1993 . The City of Southlake hereby agrees to allow Southlake Food Mart to delay construction of the lined ditch section along Randol Mill Avenue until the sooner of the following occurrences: A. The Department of Highways and Public Transportation completes construction of the new box culvert crossing FM 1709 at Randol Mill Avenue, thereby creating the terminus point into which Southlake Food Mart may tie the lined drainage ditch for which it shall be responsible. B. The expiration of two (2) years from the date upon which the Specific Use Permit which authorizes the sale of alcoholic beverages on the site was approved by the city council unless such deadline shall be specifically extended by action of the city council . The parties have agreed that the effective date of this time period shall be calculated from September 11, 1991 and shall extend through September 10, 1993 . It shall be the responsibility of Southlake Food Mart to install the lined drainage ditch in conformance with the plans and specifications attached hereto and incorporated herein for all purposes as Exhibit "A" by September 10, 1993 whether or not the State Department of Highways and Public Transportation has completed construction work on the box culvert under FM 1709 unless specifically relieved of this responsibility by action of the city council. The parties understand that if the Department of Highways and Public Transportation delays - 5 - cd- ?' ....__.. , construction of the FM 1709 improvements for a significant period of time it would be engineeringly inappropriate to' install the . improvements required of Southlake Food Mart as it would create a grade disparity that would exacerbate drainage problems in the area. 2 . It is specifically understood and agreed that the city shall not be liable or responsible for any actual or consequential damages incurred by Southlake Food Mart arising from the termination of this Agreement or the failure by any party for any reason to construct a box culvert. 3 . The Subdivision Regulations, the Zoning Regulations and other related development regulations of the City of Southlake would require that Southlake Food Mart install a screening fence along the boundary of its property with adjacent property carrying a single-family zoning designation. The owner of the single- family tract now contiguous with the Southlake Food Mart proposed development site has requested that the screening fence not be erected at the present time. The city council, after due and careful consideration, has agreed that the screening fence in question will be temporarily waived, subject to the following Agreement. Mr. Hady Aghili, d/b/a Southlake Food Mart has agreed that if, at some point in the future, a new owner of the single- family residential tract adjacent to Southlake Food Mart's development site should request the installation of the screening device, Southlake Food Mart shall install the screening device before any renewal or extension of the Specific Use Permit for the - 6 - ,57d- S sale of alcoholic beverages shall be approved for the site in question. 4 . The parties to this Agreement have expressly agreed that the terms and conditions of this Agreement shall be made a part of the Specific Use Permit granted to Southlake Food Mart under Resolution No. 91-42 and which permits the sale of beer for off- premises consumption on the Southlake Food Mart site. Any specific failure to perform or comply with the terms and conditions contained in this Agreement, shall justify a reconsideration of this Specific Use Permit by the Southlake City Council and may result in its cancellation or non-renewal. 5. Mr.• Aghili and the City of Southlake both clearly recognize that significant stormwater management and drainage problems exist at the intersection of Randol Mill Avenue and FM 1709 and that unless the drainage improvements called for under the terms of this Agreement are properly installed in a timely manner, it will seriously affect the ability of the Southlake Food Mart Development site to be used for retail operations. The parties understand that this Agreement has been reached for a temporary delay in the installation of improvements only because of the limited amount of development now existing within the immediate area of the site coupled with the imminent commencement of construction on major roadway improvements by the Department of Highways and Public Transportation. The parties to this Agreement each recognize that if steps are not taken to handle the stormwater problem at this location, the site will be unusable for retail - 7 - operations and, therefore, the Specific Use Permit is clearly conditioned upon the resolution of the storm drainage problem on the site. 6. Any notice required to be given under this Agreement shall be deemed to be adequately given if deposited in the United States Mail, in an envelope with sufficient postage and properly addressed to the other party as follows: If to Southlake Food Mart: Southlake Food Mart 2210 W. Southlake Blvd. Southlake, Texas 76092 If to City: City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 ATTENTION: CITY MANAGER Or to such other address as may be given in writing by any of the parties. 7. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 8 . This Agreement constitutes the sole and only Agreement of the parties hereto and supercedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. 9 . In the event any one or more of the provisions of this Agreement, shall for any reason be held invalid, illegal, or unenforceable in any respect, such in validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or - 8 - ‘.5-4'-/D unenforceable provision had never been contained herein. 10 . The obligations and undertakings of each of the parties of this Agreement are, and shall be performable in Tarrant County, Texas. 11. Should any action be brought by City for the enforcement of any terms or conditions of this Agreement or for the breach of this Agreement, City shall be entitled to recover its reasonable attorneys fees. Venue for any action brought under this' Agreement shall be in Tarrant County, Texas. Executed in Tarrant County, Texas, this the i4 day of Jo b r047 , 1992. HADY AGHILI D/B/A SOUTHLAKE FOOD MAR , BY: HADY AGHILI v CITY OF OUTHLAKE BY: CURTI E. CITY MANAGER NOTARY SEAL/SIGNATURE ON NEXT PAGE • STATE OF TEXAS COUNTY OF TARRANT . This instrument was acknowledged before me on the Htla day of rQbr�4r , 1992, by HADY AGHILI, the owner of Southlake Food Mart, on behalf of said owner. . '' v Notary Public n and for the f'' • State of Texas • a►'e� P G end �:<.;. Typed or Printed Name of Notary My Commission Expires : ,3liylqf STATE OF TEXAS COUNTY OF TARRANT This,. i.Tlstrument was acknowledged before me on the j f ' day of cr -Z,Lf .----, - , 1992 , by CURTIS E. HAWK, the duly authorized City Ma; ager of the City of Southlake, Texas, on behalf of said City. f,.. 11., - „/).7)---ai " ; ;�,;:,� Kiiv� BUSH No a Public in and for the u''.. Public State of Texas y12-� Notary ' -'r., ° STATE OF TEXAS ;y . tj .\ma y My Conlin. Exp. 05t2;l94 .s Typed or Printed Name of Notary My Commission Expires : - 10 - SCt,"-ram �- ;-, f City of Southlake,Texas MEMORANDUM • September 2 ,`" 1993 CITY MANAGER TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Fiscal Policies The City Council at the June 1993 Retreat was presented the Investment Policy and the Purchasing Policy for review. The Purchasing Policy establishes authority for purchasing limits according to State Law, City Charter and current practice . It is a formal statement of procedures for purchasing within the organization. The Investment Policy states the instruments authorized and guidelines for investment of the City' s funds using the parameters established in State Law. Each policy is part of the City' s Fiscal Policy, the framework in which governs the way that the City conducts its finances . The Fiscal Policy encompasses the Fund Balance Policy adopted by the Council at the August 17, 1993 meeting as well as the Tax Abatement Policy Statement adopted by Resolution 92-49 in October 1992 . 101 It is recommended that the City establish the Fiscal Policy document as the umbrella under which all financially related 1 policies will be grouped, including those previously approved for Fund Balance and Tax Abatement . It is also recommended that the Purchasing and Investment Policies as presented in June 1993 be approved by the City Council and included in the Fiscal Policy. Future additions to the Fiscal Policy will include Budget policies i as outlined in the City Charter, User Fees, the use of Capital Recovery Fees, and other related financial information as neccesary. These policies will be developed and brought forward as 1 time permits . I LAH i fiscac i 6 City of Southlake,Texas • CITY OF SOUTHLAKE FISCAL POLICY SEPTEMBER 1993 S I . Fund Balance Policy II . Tax Abatement Policy Statement III . Purchasing Policy IV. Investment Policy 1111 •. S�-z ) City of Southlake, Texas CITY OF SOUTHLAKE FUND BALANCE POLICY August 1993 The City of Southlake' s goal shall be to maintain a fund balance in the General Fund ecrual 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 I) times. fundba1 I . S2---3 —a- 4 City of Southlake,Texas T r RESOLUTION NO. 92-49 1111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH-LAKE, TEXAS, ADOPTING A TAX ABATEMENT AND INCENTIVE POLICY STATEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake feels it would be in the best interest of the citizens of Southlake to adopt a policy statement in regards to Tax Abatements and other incentives for commercial development; now NOW THEREFORE, be it resolved by the City Council of the City of Southlake, that: The City of Southlake is committed to the development of high quality commercial growth. The City will on a case by case basis consider granting incentives to stimulate economic growth. Southlake would be interested in considering tax abatements or other incentives based on the increased value added to a specific site by a specific development proposal that meets the City's goals . 41/1 PASSED AND APPROVED BY THE CITY COIINCI O F HE T CITY OF SOUTHLARE, TEXAS, on this the (A day of ,LQ , 1992 . \‘`% IHLA ,,, - , /c, . � ,,F APPROVED: �1 4" ! IS cn ayor ary ickes ATTEST• "* `,,,o'• er r ' j // LILL 11 / 1 ,L, Sandra L. LeGrand City Secretary APPROVED AS TO LEGAL FORM: --ti-k-S--- --- 4111 Attorney at Law II . r City of Southlake,Texas CITY OF SOUTHLAKE PURCHASING POLICY SEPTEMBER 1993 0111 • III . ' Y l CITY OF SOUTHLAKE IIII PURCHASING POLICY TABLE OF CONTENTS PAGE A. The Purchasing Function 1 1 . Establishment of the Purchasing Authority 2 . Budgeted Funds B. Negotiated or Non-Bid Purchases 2 1 . Purchases of items costing $25 or less 2 . Purchases of items costing $249 or less 3 . Purchases of items costing $250 but less than $501 4 . Purchases of items costing $501 but less than $1, 000 5 . Purchases of items costing $1, 000 up to State Law limits C. Other Purchases 4 1 . Emergency Purchases 2 . Dollar Limits 3 . Purchases where the City has no open account D. Competitive Sealed Bids and Proposals 4 1 . Exempted Procurements 2 . Purchases of items equal to or exceeding State Law limits • 3 . Separate, Sequential, and Component Purchases 4 . Identical Bids 5 . Public Works Contracts 6 . Professional Services Procurement 7 . Insurance Brokers E. State and Inter-Local Purchasing 8 F. Other Purchasing Provisions 8 Public Property Finance Act Certificate of Obligation Act G. Disposition of Abandoned or Unclaimed Property 8 H. Sale of surplus and/or Salvage Property 9 I . Invoicing and Payment 9 1 . Accounts Payable Processing 2 . In-roices 3 . Prompt Payment Act 4 . Purchase Orders-Certain Purchases $250 and Over 5 . Payment Authorization Memo Purchasina Manual Decision Matrix 12 Payment Auzhorization Memo 13 Request for Transfer of Funds 14 IIITelephone 3id Tabulation 15 Purchase Order 16 , CITY OF SOUTHLAKE 4111 PURCHASING POLICY A. THE PURCHASING FUNCTION 1 . Establishment of the Purchasing Authority The City Manager, by City Charter, has general authority to contract for budgeted expenditures not exceeding limits established by State Law for competitive bids or proposals . All contracts for expenditures exceeding the limits must be expressly approved in advance by the City Council . Departments as established by City ordinance are headed by a Director. Directors are responsible for monitoring purchases originating from their Department that are charged against their current year budget. Directors have purchasing authority to $1, 000 . Purchases of $1, 001 up to State Law limits require Director and City Manager approval . Deputy Directors as designated by the City Manager have purchasing authority to $500 . Purchases of more than $500 requires approval by the Director, and the City Manager as appropriate. Each Department as established by ordinance may have within it Divisions . Designated Division Heads shall have purchasing authority to $249 . Purchases of $250 or more requires approval by the Director, and the City Manager as appropriate . No City employee or elected official shall purchase supplies, S materials, or equipment of any kind through the City for personal use, except through . a designated purchasing program or payroll deduction program approved by the City Manager. In such cases, all appropriate sales taxes shall be paid by the employee. 2 . Budgeted Funds According to City Charter Chapter IX-D 5 .40 , no payment shall be made or obligation incurred against any budget unless the City Manager first certifies that there are or will be sufficient funds available to meet the obligation when it becomes payable . The Annual Adopted Operating Budget is an estimate of expenditures for a twelve month period. Economic conditions or events may dictate an expenditure that at year end may exceed a specific line item. Directors have responsibility for and shall review at least quarterly the line item budgets under their responsibility. A line item projected to be exceeded at fiscal year end requires a Request for Transfer of Funds be approved by the City Manager. This authorizes transfers between line items within Divisions and/or Departments . City Council must authorize any transfers between Funds or between Departments by amending the Annual Budget by ordinance . The Annual Operating Budget may be amended by City Council approved ordinance at any time during the year. 1110 1 J5C '? c r IIIIB. NEGOTIATED OR NON-BID PURCHASES: PURCHASES BELOW BID LIMITS 1 . Purchases of items costing $25 or less AMOUNT: $25 OR LESS METHOD OF PAYMENT: Petty Cash Disbursement APPROVAL AUTHORITY: Division Head, Deputy Director, Director, or City Manager Purchase of items costing $25 or less may be made by the City Manager, Director, Division Head, or Division Head or their authorized employee. The cost may be reimbursed from the petty cash fund upon presentation of receipt attached to petty cash voucher. 2 . Purchase of items costing $249 or less AMOUNT: $249 OR LESS METHOD OF PAYMENT: Payment Authorization Memo, Purchase Order APPROVAL AUTHORITY: Division Head, Deputy Director, Director, or City Manager Purchase of items costing $249 or less may be made by a Division Head, Deputy Director, Director, or City Manager. This may be accomplished by purchase on an open account . The City' s Finance Division maintains a listing of "open accounts' , or those businesses where authorized City employees may charge items for jobs . Credit terms with each vendor differ. Blanket purchase orders may be authorized by the Director for purchases during a one S month time period if the vendor' s credit terms permit . The Department may hold the invoices/counter tickets and submit them on one Payment Authorization Memo, with proper general ledger accounts to the Finance Division at the end of the month. In no case will individual purchases be made for $250 or more. Purchase orders for purchases under $250 are not recuired by the City, but may be required by the vendor. 3 . Purchase of items costing $250 but less than $501 AMOUNT: $250 TO $500 METHOD OF PAYMENT: Purchase Order APPROVAL AUTHORITY: Deputy Director, Director, City Manager Purchase of items costing $250 to $500 may be made by the Director, Deputy Director, or City Manager. Budgetary responsibility remains with the Director. Purchases may be made on an open account . The City' s Finance Division maintains a listing of "open accounts" , or those businesses where authorized City employees may charge items for jobs . Credit terms with each vendor differ. Blanket purchase orders may be authorized by. the Director for purchases during a one month time period, if the vendor' s credit terms permit . The Department may hold the invoices/counter tickets and submit them on one blanket purchase order, with proper general ledger accounts to the Finance Division at the end of the month. 1110 2 5E -8 ) 4 . Purchase of items costing $501 but less than $1, 000 S AMOUNT: $501 TO $999 METHOD OF PAYMENT: Purchase Order APPROVAL AUTHORITY: Director or City Manager Telephone bids are taken and recorded on Telephone Bid Tabulation Form. Information to be included on this form is as follows : a. Name and address of vendor b. Total or unit price, as specified c . date through which quoted price will be effective d. name of the representative giving the quote e. specific product offered, if not already stated The Director selects the lowest and best bidder, then signs and approves a purchase order. Directors may authorize blanket purchase orders for a one month time period if the vendor' s credit terms permit. Confirmation by the Director of adequate budgeted amounts shall be made prior to approval of purchase order. Approved purchase orders are required. Exempted from the telephone bid tabulation requirements are sole source providers of specialized technical services, or those items with captive replacement components . 5 . Purchase of items costing $1, 000 but less than State law limits for competitive bidding or proposal requirements AMOUNT: $1, 000 TO STATE LIMITS METHOD OF PAYMENT: Purchase Order S APPROVAL AUTHORITY: Director and City Manager Prices will be requested by written bids, (minimum of three) . The request for price quotations should contain the following information: a. Name and address of vendor b. Description of item c . Quantity required d. Last date quotations accepted e . Approximate date delivery is required f . Term and conditions of purchase g. Total price and date through which quoted price will be effective The Director will determine the lowest responsible bidder, recommend award and assign the purchase order number. Confirmation_ by the Director of adequate budgeted amounts will be made prior to approval of purchase order. Approval in the form of City Manager signature is required before ordering. On both B-4 and B-5 above, selection of the vendor is made based on several factors, including: a. Price - All other factors being equal, the lowest price should always be taken b. Quality of good or service - If more than one vendor can deliver at an acceptable price, the relative quality of each should be considered. c . Reliability of the vendor - based on past performance . d. Ability to service the item, and other relevant factors S 3 .5C -9 C. OTHER PURCHASES 1 . Emergency Purchases S Texas statutes generally allow cities to make emergency or exempted purchases without competitive bidding. The City of Southlake is exempted from competitive bidding if : a. In case of a public calamity, the prompt purchase of items is required to provide for the needs of the public or to preserve the property of the City; b. The item is necessary to preserve or protect the public health or safety of residents of the City; or c. The item is made necessary by unforeseen damage to public property. 2 . Dollar Limits If the dollar amount is less than competitive bid or proposal limits set by State Law, the emergency may be declared by the City Manager and all authorizations must be signed by the City Manager. If the dollar amount exceeds limits set by State Law, the emergency may be declared by the City Council or the City Manager, and all documents must be signed by the City Manager, and ratified by the City Council . 3 . Purchases where the City has no open account Purchases of items where the City has no open account, regardless of the amount, which requires issuance of a check to the S vendor prior to receipt of invoice or goods (cash on delivery) must have a purchase order approved in advance by the City Manager. This situation is rare and should only be used with the express approval of the City Manager. Many vendors will accept approved purchase orders from the City in lieu of cash on delivery. D. COMPETITIVE SEALED BIDS AND PROPOSALS 1 . Exempted Procurements - All purchases estimated to exceed the State Law limits must first be submitted to competitive sealed bids or proposals, with the exception of exempted procurements . Exempted procurements are defined as follows : a. Procurement made because of a public calamity that requires the immediate appropriation of money to preserve the property of the City (emergency purchases) b. Procurement necessary to preserve or protect the public health or safety of the City' s residents c. Procurement necessary because of unforeseen damage to public machinery, equipment or other property d. Procurement for personal or professional services e. Work paid for on a daily basis f . Purchase of land or a right-of-way g. Procurement of items that are available from only cne source including: S 4 6E-1O K 4111 1 . Items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies 2 . Films, manuscripts, or books 3 . Electricity, gas, water, and other utility services 4 . Captive replacement parts or components for equipment 5 . Books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials h. Purchase of rare books, papers, and other library materials for a public library i . Paving, street widening and other public improvements where at least one-third of the costs are paid by special assessments j . A public improvement project which has been authorized but has run short of money to complete in accordance with the plans as authorized k. Payment under a contract by which a developer participates in the construction of a public improvement under Subchapter c, Chapter 212 , Local Government Code 1 . Personal property sold at an auction by a state licensed auctioneer: 1 . at a going out of business sale, or by a political subdivision of this state, a state agency of this state, or an entity of the federal government 2 . Purchase of items equal to or exceeding the State Law limit for competitive bids or proposals 1111 AMOUNT: STATE LAW LIMIT METHOD OF PAYMENT: Payment Authorization Memo APPROVAL AUTHORITY: City Council a. Competitive Sealed Bids (Invitations to Bid/Request for Proposal) Any goods or services whose cost _s estimated to be equal to or exceed State Law limits is subject to competitive sealed bids . Directors should submit to City Council permission to advertise for bids or proposals . Specifications, which are the total description of the purchase, should be compiled by the Department , an outside agency, or a consultant . Specifications set the minimum acceptability of the good or service, promote competitive bidding, contain provisions for reasonable tests and inspections for acceptability, and provide an equitable award to the lowest responsible bidder. The Invitation to hid or Reoties= for Proposal should be submitted sealed, to the City Secretary' s office . The Invitation to Bid should state the date, hour, and pace bids will be accepted. Bids submitted via facsimile transmission will not be accepted. Bid lists should include Director recomendation and other vendors that may be on file with the Director of Finance . Advertising in the City' s official newspaper must be published once a week for two consecutive weeks prior to the time set for opening sealed bids . The date of the first publication is to be at least fourteen days prior to the date set for opening sealed bids . Advertisement should set the date, hour, and place bids will be opened. The City Secretary will be responsible for notifying the 1111 5 newspaper for advertising. Directors will provide advertising 4111 information to the City Secretary, allowing adequate time to comply with advertisement requirements . Bid packages will be assembled and mailed by the originating Department, with a copy forwarded to Finance. Bids should be submitted to the City Secretary' s office until the official time to open bids . Bid openings will be attended by the Director and bids tabulated by the City Secretary. Contracts or purchases shall be let .at a City Council meetina to the lowest most responsible bidder whose submittal is among those most responsive to the needs of the City. The City reserves the right to reject any and all bids . The Director will be responsible for recommendation and preparation of transmittal letter and appropriate information for the City Council agenda. b. Competitive Proposals, or Request for Proposals These are similar to competitive bids, but are limited for the procurement of high-technology products, and other services. Specifications use performance standards rather than the description of the good or service, listing the factors and weight of such factors by which the proposal will be judged. Vendors submit proposals of their own design for a system to satisfy the requirement set forth in the proposal. After proposals are received, the City may enter into negotiations with as many vendors as necessary in order to arrive at the best possible proposal for each vendor. High technology procurements are defined as : 1 . data processing equipment and software and firmware III used in conjunction with data processing equipment; 2 . telecommunications equipment and radio and microwave systems; 3 . electronic distributed control system, including building energy management systems; and 4 . technical services related to those items . 3 . Separate, Sequential, and Component Purchases In applying any of the requirements for Competitive Bidding or Proposals, all separate, sequential, or component purchases ordered or purchased with the intent of avoiding the competitive bidding requirements are treated like a single purchase. Any official or employee commits a Class B Misdemeanor if they intentionally or knowingly make or authorize separate, sequential, or component purchases to avoid the competitive bidding requirements . Each of these are defined as follows : a. Component purchases means purchases of the component parts of an item that in normal purchasing practices would be purchased in one purchase. b. Separate purchases means purchases, made separately, of items that in normal purchasing practices would be purchased in one purchase. c . Sequential purchases means purchases, made over a period, of items that in normal purchasing practices would be purchased in one purchase. S 6 3 -iz i` X 4 . Identical Bids 1111 In cases where competitive sealed bidding is required and where two or more responsible bidders submit the lowest and best bids in connection with a proposed City contract and these bids are identical in both account and nature the City will enter into a contract with only one of the responsible bidders and reject all other bids . The one bidder shall be selected by casting of lots. The casting of lots shall be conducted at a time all qualified bidders or their legal representative may also be present . Nothing herein shall prohibit the rejection of all bids by the City. A vendor with his place of business within the City of Southlake will automatically be awarded a tie bid in preference to a vendor from outside of the City. 5 . Public Works Contracts Any construction, repair, or renovation of a structure, road, highway or other real property improvement or addition to real property estimated to equal or exceed limits set by State Law is subject to competitive bidding procedures . The bid must be advertised at least twice in the City' s official newspaper. The second advertisement must be published at least 10 days before the date bids are opened. The advertisement for bids must contain a description of the work, location where bidding documents, plans, specifications may be examined by bidders, and the date and place for submitting and opening bids . The successful bidder shall be required to provide performance 4111 or payment bonds in accordance with State Law. Change Orders - Contract price may be increased because of changes in plans or specifications when additional funds are appropriated from available funds . If the change order involves a decrease or increase of $15, 000 or less, the City Manager may be authorized by City Council to approve the change order. The original contract price may not be increased by more than 25% without formal City Council approval . The original contract cannot be decreased more than 25% without contractor consent . 6 . Professional Services Procurement Specifically exempted from formal bid procedures is professional - services procurement . Included in the definition of professional services are accounting, architecture, medicine, land surveying, or professional engineering, plus other professional services as provided within the State law. Such contracts will be awarded based on demonstrated competence and qualifications for the type of professional services to be performed, and at fair and reasonable prices . In the procurement of architectural or engineering services, contracts will be negotiated in a two step process : a. Initial selection will be based on demonstrated competence and qualifications . b. After selection is made, price negotiation can be made for the contract . , • 7 , l , If a satisfactory contract cannot be negotiated with the S person most highly qualified, formal negotiations will end. Negotiations will then begin with the second most qualified person, and so on until a contract is made . 7 . Insurance Brokers The City may select an insurance broker on a fee basis as the City' s broker of record to obtain insurance proposals and coverages for all the City' s liabilities, provided that the broker of record may not be remunerated by any other source. This should bar the broker from any commissions on insurance purchased by the City or from placement fees from any insurance company insuring the City. The City is not required to retain a broker of record. The City may also purchase insurance coverage through State authorized risk pools, a form of inter-local purchasing. E. STATE AND INTER-LOCAL PURCHASING The State Purchasing and General Services Commission has established a program to purchase services for local governments . State contracts for goods and services are extended to local governments . The City may participate in the purchasing program by filing a City Council adopted resolution, designate the City Manager to act for the City, and identifying the specific contracts in which the City desires to participate . Payttent is made directly 1111 to vendors under the approved contract . Any turc eases made under Federal, State, County, or other local government contract satisfies competitive bid requirements for purchase of the item. F. OTHER PURCHASING PROVISIONS Public Property Finance Act - The City Council has authority to contract for the purchase or lease of personal property. The contract is an obligation of the City. Any contract must comply with normal bidding procedures . Contract crust comply with the Public Property Finance Act . Certificate of Obligation Act - The City Council may issue certificates of obligation in order to pay a contractual obligation for construction of public works, jails or imtrovements to jails, purchase of materials, supplies, equipment , machinery, buildings, land, rights of way, or payment of contractual obligations for professional services . G. DISPOSITION OF ABANDONED OR UNCLAIMED PROPERTY The disposition of all unclaimed or abandoned personal property which has been seized by a police officer of the City of Southlake shall be made according to State Law requirements . 1111 8 3 H. SALE OF SURPLUS AND/OR SALVAGE PROPERTY • Any City owned surplus goods may be declared surplus by the City Manager. Directors may recommend goods that have become surplus and have a residual market value. Surplus City goods are disposed of by the Departments upon written approval by the City Manager. Property may be disposed of by public auction, written bids, telephone bids or by negotiation. All funds received from the sale of surplus goods will be paid to the City of Southlake. A record of the sale should be provided to the Finance Department, along with documentation of the sale of any good classified as a fixed asset owned by the City. This is to assist in maintaining the City' s inventory of fixed assets . Salvage goods are those goods that have no residual market value in the resale market . Director recommended salvage goods may be discarded or otherwise disposed of upon written approval of the City Manager. Employees and appointed or elected officials and members of their immediate family are prohibited from bidding, purchasing, or obtaining any surplus or salvage goods . • I. INVOICING AND PAYMENT 1. Accounts Payable Processing Accounts payable checks to vendors are processed by the 1111 Finance Division. The Finance Division will establish a schedule for processing, stating deadlines for Divisions' submittal of invoices for payment . Requests received after the deadline will be held until a subsequent accounts payable processing. Any late requests requiring the issuance of a manual check must be approved by the Finance Director and/or City Manager. 2 . Invoices An invoice is an itemized statement of merchandise shipped by the vendor. Invoices are based upon the purchase orders and should contain the same information. All invoices will be sent directly to the Finance Department where they are filed until the receiving record or the pink copy of the purchase order has been processed and turned in. The purchase order is checked against the invoice. If both forms are in agreement they will be entered to the vendor' s accounts payable identification number, showing the date, amount, then processed for payment . Any difference between the invoice and the receiving copy of the purchase order or of the partial receipt will be called to the vendor' s attention immediately. Payment will not be made from statements unless no copy of an invoice is availafle from the vendor. This _practice is to protect against duplicate payments . 3 . Prompt Payment Act The City processes for payment once each week invoices submitted by vendors for goods or services rendered. State law governs timeliness of payments . A payment owed by the City is due 1111 9 not later than the 30th calendar day: 4111 a. after the day on which the City received supplies materials, or equipment b. or the day on which the performance of services was completed c . or the day on which the City received the invoice for the supplies, materials, equipment, or services, whichever is later. Interest of one percent per month will accompany overdue payment . Interest accrues and is charged beginning on the day after the payment is due, and ceases to accrue on the date that the payment is postmarked/mailed by the City. If there is a dispute because of an error in an invoice submitted for payment, the City shall notify the vendor who submitted the invoice of the alleged error not later than the 21st day after the date on which the invoice is received. If the dispute is resolved in favor of the vendor, that vendor shall receive interest on all invoices for which payment has not been received. If the dispute is resolved in favor of the City, the vendor who submitted the original invoice shall submit a corrected invoice and the corrected invoice shall be paid in a timely manner. Exceptions : The Prompt Payment Act does not apply to payments made by the City when: - The terms of a contract specify other times and methods of payment . - The invoice is not mailed to the addressee in strict accordance with instructions, if any, on the purchase order. S - The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment with federal funds . Early Payment Discounts - The City will take advantage of early payment discounts when offered. 4 . Purchase Orders - Certain Purchases $250 and Over The purchase order is the vendor' s authorization to invoice and ship materials as specified. The purchase order is a contract and must be considered as such. The purchase order is designed to expedite and control buying for the City. For purchases of $250 to $500, the Deputy Director, Director, or City Manager approval is required on purchase orders . For purchases of $500 to $999, the Director' s approval is required on purchase orders . For purchases of $1, 000 to limits set by State Law, the City Manager' s approval is required. For purchases or contracts authorized by City Council in excess of limits set by State Law, a payment authorization should be used to submit for payment . Routing of order - The purchase order is written by the using department, and valid when authorized by the Director and/or City Manager. The purchase order set contains the original and three copies . a. White copy (marked Vendor) is mailed directly to the vendor on request . b. Yellow copy (marked Finance w/Receipt Notice) is submitted to Finance with delivery tickets as a file copy. 1111 10 1 c . Pink copy (marked Department) is retained by the 4110 Department submitting request for payment . d. Blue copy (marked Department After Payment) is sent to the department making the request after payment . Cancelling purchase orders - Upon request from a Director, the Finance Division may cancel a purchase order. Any change in purchase order dollar due to changes in quantity received should be reviewed and approved by the Director of Finance . 5 . Payment Authorization Memo Send this form to the Finance Division with bills or invoices for services not requiring a purchase order and it will be processed for payment immediately. This form is not intended to be used in lieu of purchase orders. The form is also to be used for purchases under $250 . Payment Authorization Memos are to be used for but not limited to, the following items : Special services - Engineers, legal fees, independent audit fees, contract services, paying agent fees Travel advances Subscriptions Educational seminars Training Insurance premiums Payroll taxes and employee fringe benefits, payroll deposits Retirement fund contributions Utilities (telephone, gas water, electric) • Postage meter Reimbursement to employees Professional fees • Lease fees Licenses, applications, filing fees Credit balances on inactive utility accounts, other city warrants, refund municipal court • 11 o III III .. .. . _._._ _. ._. , CITY OF SO UTHLAKE,TEXAS PURCHASING MANUAL _ PURCHASE DECISION MATRIX PURCHASE BID PURCHASE ___l PAYMENT AMOUNT METHOD METHOD AUTHORIZATION I METHOD PAYMENT $25 OR LESS CASH DIRECTOR,DEPUTY DIRECTOR AUTHORIZATION OPEN ACCOUNT N/A CITY MANAGER,DIVISION HEAD MEMO OR PETTY CASH $249 OR LESS OPEN ACCOUNT I N/A DIRECTOR,DEPUTY DIRECTOR PAYMENT CITY MANAGER,DMSION HEAD kU'IxORIZATION MEMO $250 < $500 OPEN ACCOUNT I N/A DIRECTOR,DEPUTY DIRECTOR PAYMENT CITY MANAGER AUTHORIZATION MEMO OR PURCHAS ORDER AT LEAST $500 < $1,000 OPEN ACCOUNT 3 TELEPHONE DIRECTOR BIDS CITY MANAGER PURCHASE ORDER I-' OPEN ACCOUNT AT LEAST CITY MANAGER N $1,000< STATE LIMIT 3 WRTI'IuN AND DIRECTOR PURCHASE ORDER BIDS STATE LIMIT+ PUBLIC PROFESSIONAL HIGH CONTRACT SEALED CITY PAYMENT WORKS NO SERVICES NO TECIINOLOGY NO BIDS COUNCIL AUTHORIZATION U MEMO (t 1 YES YIIS YES I I STATE CONTRACT SEALED CITY PAYMENT N LIMIT+ PROPOSALS COUNCIL AUTHORIZATION Qa • MEMO CONTRACT I NEGOTIATE CITY PAYMENT COUNCIL AUTHORIZATION MEMO SEALED CONTRACT FORMAL CITY PAYMENT BIDS COUNCIL AUTHORIZATION MEMO City of Southlake,Texas PAYMENT AUTHORIZATION MEMO OEPE • VENDOR NUMBER: ARTMENT/DIVISION SUBMITTING REQUEST: RECOMMENDED FOR PAY TO: PAYMENT BY: ADDRESS: APPROVED BY: DIRECTOR OF FINANCE: CITY/STATE/ZIP: CITY MANAGER: CHARGE TO THE FOLLOWING ACCOUNTS: PLEASE ATTACH ALL INVOICES AND DELIVERY TICKETS INVOICE FUND DEPT TwE EXPENSE/ INVOICE NUMBER OR ACCOUNT NUMBER DATE CODE CODE CODE OBJECT CODE AMOUNT • TOTAL EXPLANATION OF CHARGES: 13 41127/92 - City of Southlake Texas REQUEST FOR TRANSFER,OF FUNDS • TO: FINANCE FROM: DEPARTMENT: DATE: Please transfer funds as designated: TRANSFER FROM TRANSFER TO Amount Account number Description Original Budget •ised Budget JUSTIFICATION: AUTHORIZED BY: Director/Department Head Director of Finance City Manager • Budget Revision Date: 14 Entered Date: —o7C� , Cit of Southlake,Texas TELEPHONE BID TABULATION DATE: DEPARTMENT: PROJECT: ITEM: • TELEPHONE CONTACT VENDOR NUMBER PERSON INFORMATION/COMMENTS BID PRICE • SUBMITTED BY: Director/Department Head 1 15 .0-02/ CITY OF SOUTHLAKE 667 N. CARROLL ��'� :' SOUTHLAKE, TX 76092 817/481-5581 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 08921 PURCHASE ORDER Purchase Order No. Date: tmittance Vendor Name: Vendor No. dress: Phone: .partment: :pared by: Signature: Department Head r Purchases Greater Than $250.00: Approval Signature: City Manager ESTIMATED IUANTITY DESCRIPTION COST • STIFICATION FOR EXPENDITURE: :ount Code: igeted Amount: $ $ $ ance in Account: $ $ $ . Cost of Request: $ $ $ N Balance: $ $ $ ance: 'DICE NUMBER: INVOICE DATE: AMT 16 IE • PAYMENT DATE: - ite - Vendor Yellow - Finance w/Receipt Notice Pink- Dept. Blue - Dept. After Pay. f i CL � 41110 City of South lake,Texas CITY OF SOUTHLAKE INVESTMENT POLICY SEPTEMBER 1993 • Iv. -c;73 . q. ¢ a CITY OF SOUTHLAKE • INVESTMENT POLICY TABLE OF CONTENTS PAGE A. Introduction 1 B. Scope 1 C. Investment Objectives 1 D. Delegation and Restriction of Investment Authority 2 E. Authorized Investment Instruments 2 F. Maturity 3 G. Authorized Financial Dealers and Institutions 4 H. Diversification 4 I . Collateral and Safekeeping 4 J. Reporting 5 K. Dep ository Institutions 5 • e In CITY OF SOUTHLAKE 4111 INVESTMENT POLICY A. INTRODUCTION It is the policy of the City of Southlake to invest public funds in a manner which will provide the maximum security with the highest investment return while meeting the daily cash flow demands of the City. The City is required under the Public Funds Investment Act of 1987, Section 5, to adopt a formal written Investment Policy for the investment of public funds. The policies and procedures set forth in this policy satisfy the requirement under State Law. The purpose of this investment policy is to establish the scope, objectives, and responsibility for the City investment program and to provide policy guidelines for authorized investments, qualifying institutions, safekeeping, collateral, reporting, and investing procedures . B. SCOPE This Investment Policy is intended to cover all financial assets under the direct authority of the City of Scuthlake, with the exception of funds governed by Council approved trust III agreements, and assets administered for the benefit cf the City by outside agencies . The funds covered by this policy include all governmental, proprietary and fiduciary funds that are accounted for in the City of Southlake Comprehensive Financial Report . All transactions involving the financial assets and related activity of all funds shall be governed by this Investment Policy. Bond funds (including debt service and reserve funds) are governed by the bond ordinance and subject to the provisions of the Internal Revenue Code and applicable federal regulations governing the investment of bond proceeds . C. INVESTMENT OBJECTIVES The three objectives of the City' s investment activities shall be, in order of priority: safety, liquidity, and yield. 1 . Safety - Safety of principal invested is the primary objective in investment decisions of the City and can be accomplished by limiting two types of risk: a. ) credit risk, and b. ) interest rate risk. Credit risk is the risk associated with the failure of a security issuer or backer. Interest rate risk is the risk that the value of the portfolio will decline due to an increase in the general level of interest rates . Each investment transaction shall seek tc ensure the preservation of capital in the overall portfolio. The risk of loss shall be controlled by investing only in authorized securities as • 1 LJC—o?5 " D defined by this Policy, by qualifying the financial institutions 4111 with whom the City will transact, and by portfolio diversification. 2 . Liquidity - The investment portfolio shall be managed to maintain liquidity to ensure that funds will be available to meet she City' s cash flow requirements . 3 . Yield - The City' s investment portfolio shall be designed to optimize a market average rate of return on investments consistent with risk constraints and cash flow requirements of the portfolio . b. DELEGATION AND RESTRICTION OF INVESTMENT AUTHORITY This Investment Policy and the outlined investment practices and authorities is compiled in accordance with State legislation, which requires the adoption of rules governing investment and designation of an investment officer. The City Manager and the Finance Director will serve as the City' s investment officers . Responsibility and authority for daily investment transactions and cash management reside with the City' s Finance Director. All participants in the investment process shall seek to act responsibly as custodians of public trust . Investments will be made with judgement and care, under circumstances then prevailing, chat persons of prudence, discretion, and intelligence exercise in she management of their own affairs, not for speculation, but for investment, considering the probable safety of capital as well as III .he probable income to be derived. All City official having a direct or indirect role in the investment of City funds shall act as custodians of the public trust avoiding any transaction which might involve a conflict of interest, the appearance of a conflict of interest, or any activity which might otherwise discourage public confidence . Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability tc make impartial investment decisions . E. AUTHORIZED INVESTMENT INSTRUMENTS 1 . City of Scuthlake funds may be invested only in the investment instruments listed below, and in the following proportion to the Dotal portfolio : a. Obligations of the United States or its agencies and instrumentalities, (1001 ; b. Direct obligations of the State of Texas or its agencies, '500) ; c. Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States, (50 0) ; d. Obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as • 2 � �-al 4. a .. ', g investment quality by nationally recognized investment rating firms 11110 and having received a rating of not less than "A" or its equivalent, (25%) ; e . Certificates of deposit issued by state and national banks domiciled in the State of Texas which are backed by FDIC or acceptable collateral securities as dictated by State and local law, (100%) ; f . Local Government Investment Pools as authorized by State Statute. Investment pools are not considered to be brokers or dealers, and are not subject to the bidding process . The City, by approving an interlocal agreement, may participate in local government investment pools, (100%) ; g. Repurchase Agreements, which is a simultaneous agreement to buy, hold for a specified time, and then sell back at a future date. These agreements must be fully collateralized having a defined termination date, secured by , obligations listed under E.1.a. above, pledged with a third party selected or approved by the City, and placed through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas . A master repurchase agreement shall be executed between the City and any dealer with which the City transacts repurchase agreements, (50%) ; h. Prime domestic bankers' acceptances with a maturity of 270 days or less from the date of its issuance that will be, in accordance with its terms, liquidated in full at maturity, that is eligible for collateral for borrowing from a Federal Reserve Bank, ID and that is accepted by a bank organized and existing under the laws of the U. S . or any state, the short-term obligations of which are rated at least A-1, P-1, or the equivalent by at least one nationally recognized credit rating agency, (20%) ; i . Commercial paper with a stated maturity of 270 days or less from the date of its issuance that either is rated not less than A- 1, P-1, or the equivalent by at least two nationally recognized credit rating agencies, or is rated at least A-1, P-1, or the equivalent by at least on nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the U.S. or any state thereof, (20%) . F. MATURITY For Operating Funds, the overall portfolio maturity may be no more than 365 days . For Reserve Funds, investments shall have a weighted average days to maturity of five years or less . For Debt Service Funds, no investment shall have a maturity exceeding the next principal and interest payment date, unless the account is fully funded. 1110 3 52:_-.? 7 i K r 4 a, •. A G. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS 410 Financial institutions (Federally insured banks) with and through whom the City invests shall be state or national banks domiciled in this State . No public deposit shall be made except in a qualified public depository as established by State Laws . Broker/dealers authorized to provide investment services to the City may include only those designated as reporting dealers by the Federal Reserve Bank of New York, also known a "Primary Government Securities Dealers" . Primary dealers include Securities and Exchange Commissions (SEC) registered securities broker-dealers and banks . . It is the policy of the City that all security transactions entered into by the City of Southlake shall be conducted on a delivery vs . payment basis (DVP) through the Federal Reserve System. This means that the City shall authorize release of its funds only after it has received notification from the safekeeping bank that purchased security has been received in the City' s safekeeping account. This notification may be oral, but must be followed in writing with the original safekeeping receipt provided to the City. H. DIVERSIFICATION Competitive bidding of all investments among securities dealers will assure diversification of funds and investments . The 1111 City will practice competitive bidding by telephone when purchasing an investment to help strengthen the investment process . All investments will be competitively bid via telephone solicitation and placed with vendors guaranteeing the highest rate of return. The right is reserved to reject the most financially favorable bid if it conflicts with the investment strategy of the City. It is the policy of the City to diversify its investment portfolio so that reliance on any one issuer or broker will not place an undue financial burden on the City. I . COLLATERAL AND SAFEKEEPING Consistent with the requirements of the Public Funds Investment Act, it is the policy of the City to require full collateralization cf all City investments other than obligations of the U.S . Government and its agencies . The market value of the investments securing the deposit of funds shall be at least equal to the amount of the deposits of funds increased by any accrued interest and reduced to the extent that the deposits are insured by an agency or instrumentality of the U.S . government . The City of Southlake, the financial institution, and the safekeeping bank shall operate in accordance with a Master Safekeeping Agreement signed by all three parties . The agreement is to specify the acceptable investment securities for collateral, including provisions relating to possession of the collateral, the 1111 4 , C substitution or release of investment securities, ownership or S securities, and the method of valuation of securities . A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. Acceptable forms of collateral include any security as listed under E. l . above, with a maturity date not exceeding five years from the date of pledge . Collateral securities must be owned outright by the pledging institution. The City Manager or the City Secretary must approve release or substitution of collateral in writing. The financial institutions with which the City of Southlake invests and/or maintains other deposits shall provide at least quarterly, or as requested by the City, a listing of the City' s certificates of deposit and other deposits at the financial institution, and a listing of the collateral pledged to the City marked to current market prices . The listing shall include total pledged securities itemized by: Name, type and description of the security Safekeeping receipt number Par Value Current Market Value Maturity Date Moody' s or Standard and Poor' s Rating (both if available) The City of Southlake and the financial institution shall assume joint responsibility for ensuring that the pledged collateral is sufficient . 4111 J. REPORTING The Finance Director will prepare for the City Council within 90 days of the fiscal year end an annual report consisting of information for evaluating investment portfolio perfoimance . The annual report will include a review of the activities and interest rate of return of the twelve months . K. DEPOSITORY INSTITUTIONS The City of Southlake shall designate a bank as its primary depository for a period as allowed by State Law. This centralization is designed to maximize investment capabilities and minimize banking cost . The depository designation does not limit investment activity to one financial institution. The consideration the City of Southlake will use to consummate a banking services agreement will include : Full service capability Submission of financial statements and availability schedules Collateralization of the total City funds on deposit in the bank Statement of staff experience and equal opportunity employment practices Cost of banking service 4111 5 City of Southlake,Texas MEMORANDUM August 18, 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) COUNCIL ACTION: August 17, 1993; Approved (5-0) , First Reading, Ordinance No. 480-92 . 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. KPG/gj 0:\ZA93-51.MEM --J Q - - - A . . o1 _1L : n ll OJ err ❑w e J P u Ph --lrIl . _eo lc- tc Ull W A • •••A'�• w "'' .A•N WO dr Ifilta.•g.4.0 �- u w �.r:.. „ sA•w .�1IKI n C f N I' inertinuirinita 1,' I . 4 ' "wel tit ;, 110011:04, - 11,,,LL pir rim on A 1Ain! � m 'I „, ♦ 'in�♦ a�r_:4 ® s �lia _ am <20 i .. ■ 11o® _I'm.I..41 MS Vila Immo gm 1 la it kit � • ` • �Vkliftr..\ 4141 ,;011�4 _ ��:�/ _ram_7 CINOMp4; ;NI r ••p �- . . ' ,� �i _ ��.:: == ill%►a ii mtelid. ..4;if„Ili+4‘41110j mom 3 our LW.�gi-a= i � .fir �_---��Y— ,� » ; :AWN! illt _ .. • EP . . K.. to:. E' s . >0 ri 91 S H w z Ac re I _,Al, rramorp m ime.la Nu, Miro-0;.... P , it:, ,,Acsi, 2 541,10.4-1 r ' 'a'°P4TOV K lo,iiiiplilipii .ii er_ ,..• 4 i'claws&. a„Jac i 3 lif A 1.411 ."44.‘ 1=7 : ''.:rIAI I.tralar ir. ' ill . , ...,,,..0„: 1 AA.. W ''' Eatetirj ()MEDI-'H W_.... is NIGHT m:V ilPe 4r ii r. r. A pl- ....,,, 4 a , ' .0; lip IN S I i A) lo. I L' II rlidit in 1 I IN a CIY aMAO MOr1... 1 lae __ _., Ii' _.:iliii ® ,.1 A l � 1 1.O-- t$: • 10, o) mason. aw ! jSi MI illi gittiOmporagrwi - - - i , 440t M:i TRACT LOCATION MAP CLLI G:W®,-.TM ,n on `_• -- -- GBAHNt .,., N '~f• • I�,�//�. Rtr.`�. © `. 1 ere -m I I w :killi.J...s0"10400111;* )1) R®®ESA poIve V � �� J i x I w l . , • N N • 1 -� • la Nlf l •• .I 4. 4 II �J�4/`�( a -�,,11 C LAI �� /�,Ar.rf1•� nF8 11lJf. R. ra•./ Mmn.•4 AiA ) TR 3N / M z 3.01 @ J 392 A 470 C Nr TR 2 TR 3A ( TR 3N2 TR 3N1 Al, 15 AC 14 .75 @ m m `j 1 •5 @ GBAT D 1 . 0 N 1 200 rJ 470 234 l ( � , TR 3K 1 "AG" ) ) 2 .5 AC 47 " 1 HOWELL SF-1 'I 3 �• J. BARMORE �� R. REUTLINGER J ' ��G2�� N TR .\ - .5 A 02� (3.23 AUelfi c12 W !�-� TR 3H 1 1 .0 AC 47 / U. DAMS "AG" m TR 3H 1 .0 AC °° 2 420 4 A. SMITH PINE:.--- / • G / TR A gi, 2. 0 AC ry°" "AG" 7 / L. HERRON 1 320 L� -. . � TR 3E 7 430 290 " .73 AC 24. AD JACENTI OWNERS & ZONING .,-- ,.j r N Vo Q • N N � 8 T 1G o `, . NO 581.696A 3 . 14c @ 1 58 AC 11=\.. a` ' i , CI_T_Y__OF SOUTHLAKE, TEXAS _.- -- ORDINANCE NO. 480-92 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, T`E 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. ' H REACT, the City of Southlake, •exas is a home rule City acting un its Charter a4op z7.--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 G1� // -- Page 1 / NI- 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-1A" Single Family-lA Residential . - C:\CD\ORD\ORD480\480.92 7R-S 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\0RD480\480.92 '719_ / 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 7 Page 4 EXHIBIT "A" Being all that certain lot , l<'-.ract or p;rrcgl or land situated in the H. CRANBERRY SURVEY, ABSTiACT NO. 581 , Tarrant County , Texas , and being part of a 66 2/3 zcre tract of land conveyed to L.T. Catheart as recorded in Vo1une 527 Page 114 , Deed Records . Tarrant County , Texas , and being more particularly described as follows; BGINNING .at :an._..irQn r , found for corner, said point 'being called North 02' 00' East, 516.84 feet from the Southwest'coritef' of said 66 2/3 acre trac.:t and being in the East line of a• certain' 115 acre tract owned by Richard Reutlinger, same being the Nbrthwest corner of a; ;'.certain 1 acre tract owned by Gene F. Davis; THENCE North 01' 53' 507. 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° 05:' East along the South line of said 2.5 acre tract , a distanceof 570.40 feet to an iron rod found for corner in the West line,,.,of 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 Niortheast corner of said 1 acre tract; -'•'THENCE North 8.7' 45 ' OON,West, with the North line of said 1 acre 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 5 . p r • City of Southlake,Texas MEMORANDUM August 18, 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: One in favor: * James O. Evans, Fairfax, VA. P & Z ACTION: August 5, 1993; Approved (7-0) COUNCIL ACTION: August 17, 1993; Approved (5-0) , First Reading, Ordinance No. 480-93 . 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. 55t- 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 was approved by the ZBA on August 26, 1993 . M4' • KPG/gj • B:\ZA93-52.MEM l 784 6.67j _ i \ • "AG"1 -- TR 9 • 9.73 AC 4 . 6 u'/ Y . ARLINGTON STATE BANK . , E,MOORE/ M.PRITTLE ��• 2SS9� 10 if 5 AC _�\TR • 5 _ _ _ 13 / . ... d r4 TA 1 � g J� 7 I 2 AC n . 41 a. 1 u M 10 LO C:, q q �p I O 3 C B GE a cc i p , 0 nn PII" a ' OUQ�E2° TA 4 !f V1 2 A--° TA 6 TR 5 4.98 AC • 5 AC 5 AC '00, TR3 TR 2 P.MEALS 12 AC 10.5 AC I i 12 6 f SO • J.EVANS "AC" _ _ _ 0 • "AG" ' i. 1 �b TR 11 O TR 46 TR 10 TR 9 1.02 AC 10 ACP 7 AC J 6.079 AC • 22 • • M MAHa E'' 09 � SU 9- ED TR 16 l E.HENSON' J.EVANS 1 AC O I Cu O fV ' ~1 TR 14 TR 15 I FN- °AO" 3.26 AC 5.5 AC 4 7R 11 TR 12 7R 13 H 3 AC 1.63 AC } TR 11 TR f0 TR 9 O Lnt 6RA� 3 AC w f0 AC 7 AC 6.079 AC Pn1 i A laVE S p' , TR517 7C II J 1 I- " . .. _ADJACENT OWNERS &... ZON1N.0 CITY O.�SOUTH�AKE;-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 . 0 0 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; ROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND P VIDING AN EFFECTIVE DATE. ` WHEREAS, - e City of Southlake, Texas is a home rule City acting under its iartej opted by the elect° .at-e pursuant to Article XI, Section 5 of the Texas onstitution 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 Page 1 17.8 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 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\0RD480\480.93 /�p Page 2 /J 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 '76- 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\0RD480\480.93 / v_ 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 City of Southlake, Texas MEMORANDUM August 18, 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: 201; 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. COUNCIL ACTION: August 17, 1993; Approved (5-0) , First Reading, Ordinance No. 480-94, subject to the Plan Review Summary dated August 13, 1993, granting the two requested variances recommended by P&Z due to the 6' wooden fence in place on the north side of the building and the close proximity of the existing structure:to the fence, and approving the one-story building to remain until the required fire lane construction. 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'i building setback requirement along the &- / I } City of Southlake,Texas Curtis E. Hawk, City Manager August 18, 1993 ZA 93-54 Page Two 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. STAFF COMMENTS: There have been no revisions to, nor further Staff reviews of, the concept plan presented to the Council on August 17, 1993. 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 . O KPG/gj 8:\ZA93-54.MEM I �IO� . \ F9AR.0- I MI W. flAILIL �J■w� I !WISP� r ts .M!��r "� I.....� I ' .�. RICH-,IUD FADS „ i r. II Prittekk.09, ---r -li• viol 41 4, q , THOMAS M HA5k7 MI 11611 -L-ffi, r. ,..... •mairmum•Iran KAIL il AIMIIII•NI1,111?... .1111.Ca , r . orref'sff' lw.li,1-......: ,---,q Ile INIrmligr- Ak. /,,..\7,....timblislishIstirwm A. a, 4 Noimmi limik1 r, . -I • -rimmimainsui.ounlimmi islA a .. • 04 ,, iti. ama . , -MUM! 1 '�� NORTHWEST PKWY a•ST t'M hil d'♦INN � MWL 1 ,b • © a r 1"..*411Fit NMI II . ! ■ ■ 7AEl AM,a NI II MI ;iTi .,in . . 11, an . . a ,� vs d . Elms , ,,o..,„„ .c , w L Eon. p wq, 111410E1e yarrA • Ma MEIJI ' ille L3121 a ,w Ir.V p. .)I.i.3rI..A..-h.m' '.....i...a-s bi•. .JOH(.I�J A. Fr;i 1•..�•. 1 - 1 ®�EDI:I� W. ,,G91fBbg ��. , 9 Ik.Y1 e11. 1 t1 t,.s0.-. -4,o,1•,,,,,a, 20 ,•.F..„rE Ai Im.im.i.I,.., . JtiI A.,t!iW." d..i 63 al.1 I.ft. CI..,I. Er:,.„ I. ,\,\,\r N•o N r �p 1 Ti ' . ■ R1 , o T •-IGr 21 111 I.r••�S 11AW.R. I I �'. M fl U 7a a.,1 1 1 liP. 1 ,r ,a h - i i uR m .e,w �w w I:; ^ `.Ri�IC i on XI a _ II O �T . 1A 11 'wV ,.� S1 14 n, ©0 / 1 Fw " Ill• � .,*., ■a ©r..a 11:1" • , ' ©i, '>E W 1 l HALL MEDLIN I I1OLLIMnGSWOr,TH �•-0)) 1 R u .w,cr"-eon I I" -� IO MM �i ` MARN{ ,rl 1illi 141 TRACT LOCATION MAP A. w�� ,..,.„. I I .JOB,<>.N QIEs..1 4 dit '''''" 0(5 ' sir . 4 a pir• Erik I 4� 1 . J w ;� Yr © • ,.�.y. �_ .....i tl�•� WTI' 1 I ulair� r 1/"' pE� �f1oN 1 W.I. DAVENPORT . I i - # ig alAP CHEA1 N:J D ,S • E4181 w CONSULTI JJJ'N„= 1 - 1170 CORPORA 1\\ (617) 633-102 I r i. TR 8A1 �� TR 5.0 AC — ( 1J SA2A� C TR RASA e.o 1.0 AC I " �._ .�, TR TR IA2C 1A28 s TR BA2 2.02 AC s I TR 1A3 .03 AC .._ 35.0 AC A 2 TR 8A 1.90 AC s TR Ue ex vc 1 A2 1.136 AC 'TR 8C1 TR 6A "AG" I 4,0 @ 4.0 AC TR 6A1 "CREE 1.0 AC ^ ,b BEAR CREEK COMM. N. POND aos . • 210 • // / o O J UN r� �l � "o3 -BEAR CREEK COMM. ,anZ A- • f} "PUD" O 3. AYE " cE TR 60 1.0 AC " 19.37 AC "AG" TR 683 _ A TR EFS 27 @ 1 2 81 @ �o I M. REECHO TR 1a 43.01 AC ITR 662 ` "SF20—B" TR BC TR 88 .30 @ I BEAR CREEK COMM. 1 .995 AC $ 1.94 x TR 681 \ "FUD" ,,, I .32 AC ,,, BEAR CREEK COMM. I TR 6 7.074 @ TR 6E2.0 @ I ` S ,e, TR SA1 .801 AC 6 „0 „. w \l ..o I `i VCNTAL—BL'D — —we— — — — — —I — — — — — — — — — — 25 15 14 II 1 II II EMI err lll oi 1 24 II 131,14 TR Iii\\\2, TAu TR 83 12 Il3 2A 182 E 7 li p q EK x 1.0 ACTR fA 1 23 1.04 TR SA.0 AC Cj 17.0 AC el 11 II 4 AC2 il, 0M AMO1.05 ,,, a 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 . 0-5 • TRACT TO — .iI _ - - 1 ";a NUAH BILL PUNS. Jr. AND WIFE. - -- ---'--.- - •p ' r CHERYL A. POND I — =r=__r f II 1 d; 1 UOL. 7134. PG. 944. D.R.T.C.T. -_ _ -__ BEAR CREEx CUnnUN 17 I ES L...o..r,p,v-i cbcry t.-.acu+r� = —_----c= JUL. 9813. PG. 2375, D.R.T.L. r -jziytiw0 R. R:iv 2 M)q•� 0. 0. OSq Tln9 f114MT ACAt 14gIM9-•Ca- �'' _--_— =.r / S,ra m l,x..1.0,e.. �4,\' 0,.. v,r L..,.o.. 03-D�G 5.<,-.,,y,c `rlf I --_-- ▪ :c_s:_=art6. fC5,8" STEEL �Oo 4i I S J9° ' pO„EI. g2' )�I° N 89°37'127"E F,,r 263. 94' ,,o' =_ °▪'�: -��•:c. i5'�UTIL/ fAS aEN '. .`p ° , '` //- -" 1qr.: '-_--= cr;❑-_=1' , V 9 v• f %/';0 1;�'rurE -il7. l �IQ :.:�_` _ __ 1-- f r % CLRsi_BAP CnUECtI%'• X r—`S �I / I ,cr y+ n T\r'^^CTAG•BLOC,- ONE-SIORY_PRJ$,+ F „ r q / I O • a+ °s - Vti I v .-_ y{f FIO SLAB •.!/n9,8`�.. w„o.. / W \ 1.4 �'' • .am.u. __— ,r rvrlrr om ° m .Q I,a e /._r_. ___ ! t�` 6`6 / r\V -+ -._....----- b _ _ �: .� �:1. ' 1i.: ter.... .. ... fff 5• T Li N )1‘: � - / .---- '1'..- - t' !';,'411k i1��\ c ° o N Z �4'AL4A .1. / —1- ti M1 t /l/1 • / _ C� __NV I I -_ _— ITIIR ,••..„ ,D " // `I • 1. / ° '1/ ct?m�Wac Cr.;.,?-[ll.pv - - ,/ Y r = i ,'], 4 l.w,.errs..se o--u[,.*.T� .i '�+ n !r �p �¢.r7 r`, e.R.PPOS=D v 01 _ _ '• •• D ' DC, _l •'/ ,,;\;Ci71 411fi.. TJ 3--- " : t1 W NI �. V a.,uc`c.'.n,.....ce w,..._ Up',,, pr,3 ' ° - _ , 7: 0 ' - -- 11 -° •e ms.—�-� '. '7:_•_-1/t•, .fF '� a,00 rryry. ...".w�.."" 1 L ICI / ry e. F y_• % \7 �2.D ..1: ,.':',1? b A 1 3 la! ,� ,f u ,taD.� .2'. ]d !J N 2 =L I A •, f" a r;�_?Z f= '�•,__ - - _ ✓ [!O .'�I _I ti.r ..+�..,.n Ya 4V V ! G6� i ySi. Wu•4 " o Ir 1Q ro 41, __ :-, ? .'_. n--- / -_=- - _ I: I �i oY m.� �." ;;.� {{^` l�Sf 1''' 'o T o to , - / . _ - '--i—t ---- -..- .l� I 3 W W Y 7� oO/n(l ICI / f / �_._. 1 h + O, Q .,m E1 1i1._ ^( C• • 1 *I I '1 I `'1 1// F• 11 7R�v !` ; 1:4-1 y �G-41 I S I _ I I / /� '9,'r..w I.p,.. -'6':'1:,'y:•_ D.L M C�• B 0 46.D O ( .,br,.o rwi • r� �I v r "� to f` I ' / -q `o rl'6 "y 'DNE- iDRr ,( L ..,w o. jl I4 -'nl .n - ' .-I 1_�ip-TI tf -- _-1-_1-+._ I ir, off/ _, •I,a FPAnI1 BLDG ml,\ c�•.t osi s' y(;b/� R p. I 1 I_u'I a\O j b I'I. AD y 0 4 ' Y i_—_ _ - µ ' -1 .J. V •, m. ,:3..'O. p , i`^ ° ILIIo7 fll S I mo— �j y`y •' s G J as �_� ( bl,.��+" 2 . ..G Lace- I f v L I s7' 10 WfrL;�• !V 11 �9l1DncC /yam '/,`�( O._. ✓ �/ W .� � I )' .1 8.J°3 ' 4 "WI 244. 70' o6,1 ' 1 t S 89°37' 29"W, s� PO9(65;,8f! 1 . I I , _ 1,-t.r o+RACI 10 1l rRA[1 1(' GA BEAR CP!:EK CUnHUNITIES INC. IyI1I III !� f� I 1�i�) t ':,EVE L. RYAN El Ux �IILI __ 1 III k: BRENDA C. R'eAN 4 �1 +L ;. VUL. 9899. PG. 1125. D.P. T.C. T. - II ( 1- .I I. I I_ f.. c - _ _-- zole.o-n!o NW- I_ vUL. 7158. PG. 699. D.R.T.C. T. z; _-"- �"' =Pr r _ WI Q CONCEPT PLAN FOR•CS- ZONING REQUEST �'—'I- f-- i-��—=1 --dp•tea.Ax_Y�'.•rsce+^; " v I _�I , n 9UPr=¢Y:,4^ a.NTFNG ,_^"JIZ=."`NTS .[.eo.[rm.crlo.TO n lD coral/Jac. re rawwe CO GROSS ACREAGE 2.1912 I I r. ry^-4'o `9,"5D "••., -w ,,,,..y-,..-s e,,•tt NW 1 T-.r--j .KNG R°.^U<` ••, , IN I I'I e c�... i1T}' u •Je ` .,! .m n! .!•- n .,Jr„, s•�w•• 1i rt' • q 77qqQQ �a� �� -. e�.. a...R ....,... _. "�< f 1 liR•tl 7.7.21 _� I I ..,I •rr.n_.•r o- ,..piµ a a.•rm..r.0 TRACT L• M r, I CITY OF SOUTHLAKE, TEXA •_ i -- •i . 4 : i -94 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 O.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 • SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; P'► "IDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; • e 'ROVIDING EFFECTIVE DATE. WHEREAS, • o 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 .Page 1 / 1. 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 17 0- 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 p-7/;_C: Page 3 r L 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 n/"J -/D Page 4 / 1 EXHIBIT "A" That BEVERLY BRADLEY being a 1 rue:tea fur the FIRST BAPTIST CHURCH 01' SOUTHLAICE. TEXAS being the owrwr of the following doscribed tract of land to wit: ALL of that certain tract lit parcel of land b l tub tad in the U. H. KNIGHT SURVEY. Ab►tract No. 899. Tarrant County, Togas and ombracIrty the 1 Acre tract ddscrlbad In tho Dood to Trustoos of the Carrot Road tiapt1►t Church recorded In Vulump 4929. Page 356. Dood Records. Tarrant County. leua. and oraoracing the remainder of the tract doscrlbed to the Dood to Tha Community Baptist Church recurded In Volumes 7517. Page 511. of said Dood Records and deacribod by .wtou and bounds ar. follows: Bogirtnitry at a. 1/2 inch cepl•ad ►idol rod ...tamped "Munk Surv. Inc. " fur tho Southaaat curnor of said 1 Acre tract and bolny In the approximate cantorllne of South Carrol Road: THENCE South 139 degree► 37 rainutac 29 seconds Nast with the South boundary line of said 1 Acre' tract 209.bS foot to a 1/2 Inch capped steel rod stamped "Moak Surv. Inc. " for the Sou thwos t corner of barrio and the Northeast corner of the Tract do►cribed in the flood to Boat Cloak Communitle►. ]r,c. recorded In Volume 9899. Pogo 1125. of said Dead Rocor'db and twiny in the Eat.for l y boundary line of bald Com.nun i ty Baptist Churc:tt tract: (HENCE South H9 decree& J1 minute& 41 r'aGondb Wahl with the North boundary line off bald bear Crook Corrumuttitlos Tract 211. 70 feet to a 1/2 inch capped c too I rod .t armped "Moak Surv. Inc. - fur the Nor tht..oc t t.otnor of saata ar,d be1ny In the Nobterly boundary litre of bald Community Haptlbt Church tract: IitLNcE North 00 deyraoa 0J .mlr.utos 00 &acands Haut with Laid Wastarly boundary I 1 rto of the Community Baptist Church tract 212. 21 feet to S/B inch btea I rod found fur the Northuott corner uf aama: THLNCE South b9 doyroea 11 rn t nu lct 00 second& Last with the Nor thor I•, boundary lino of said Community Haptlbt Church tract 1H`3. tilt feet to a S/8 Inch stool rod for a Northerly corner of same: (HENCE North 85 doyt bob 3/ ,wlr,utob 2/ ►ocondb East conttnulr,y with .aid Northerly boundary line S4. 22 pasting n 1/2 rust, Ltool rod found fur the Nurthoa►t curr.er ut t.ald Community Haptlst Church tract and tha North...obt curlier of said 1 Acre tract. in .11 263. 94 toot to a 1/L inch capped .tool cud a ta.upod "Moak Surv. Inc. - fur the Nurthoaat corrtor of yard 1 Acre tract boInu In the eppr'oxt.aato centerline of South Carrot Road: INLNCE South 00 Joyt'oee. 21 minutes :12 bacunt.l6 East with the Laitorly boundary Ilno of ►aid 1 Acre tract and generally with the centerline of e.ald road 209. /2 ( oat to the plate uf baylnntnu and Lon taininy 2. 1912 Acro► of I and. route ur I e►►. C:\CD\ORD\ORD480\480.94 • Page 5 • City of Southlake,Texas MEMORANDUM August 18, 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 P & Z ACTION: August 5, 1993; Approved (7-0) ; Applicant not present for the hearing. COUNCIL ACTION: August 17, 1993; Approved (5-0) ; First Reading, Ordinance No. 480-95. STAFF COMMENTS: The applicant plans to build a new single family residence on the site and has submitted a plat showing for administrative approval. KPG/gj B:\ZA93-55.MEM 1 f/U- • . ._ ,,: ._ e---- Jy I , i — — — , a . ' t7.••,INNh. n 0 rim ; 41111L1:1 C �i It A, :, ' Iaail I •• ill ' © �_rr� 1— 1—_i .TY UWEto 10 ait ., " ' LIMIT pn vA I- 1 I —20ti it �•.h3a n " r ams iocr - . 4, . - 1 = tivw..` , wc ' pl f►oN N 3 y., 3r = A-1 ra r -w1 �'.+. SNf..Y MlO i OT IW1Jr..R1 wu L. _ -_ w� ... ,w wA'" • w w, IN Val uu ovravitinurm . ._.. ("i IIIL Thtl 1 ."IOU Pi 4% ... .1-... - ... ' 1 l• • 1.17 .,, wliCi al" ¶tjai1c % I gi -V" 1.1,414101Wdiii NEU" • :., Ail reibie,a `� � •�®� /MI' .I,111, :..�- liJv, u r 1 uvIT v �, 'r � t �fr�1•��; Ay i'L)1I ' ifiliii' 1 5wc'ft0 p-....* 6, -1.! - - 014.11pV AP VOL' ..45114111171 M. Ellil griMillPf411,1 4/F46...?glitkPlAdi FAIIIIII o * • '� ■M a , /Il. Y I K : t ` - ill w .�►iM�ir► 1111/� ..�'.Illhrr 1 WO=Ile . ., IL-:.j1 ;�- CARROLL •�•��/�31 ♦ 1 •�,1 y1%V•e01 �_�' 1 1 .1p1 - HIGH SCHOOL • J••� , , Wr er s . t w FA Jos >A N.J.i' ? ' •v►; �►'� yf;: 3. I . � moos* � mmir Air" ► /� • .m . Ydt -- iN — — — — I — — \Nero \ �w� � u w �� , b1�idDYi fai,�WEI=!'r a Ie—P11 ---- Ai. ''fir J ,.-r�--- 9 I 1 ," - x I R 3J, 1 R S 1 //`` RS ' 1 II `a '�• u IAA K FAIIA : �� .. 1VTRACT LOCATION MAP 1 1st ! Goo ,A ,11 w 1 i a • q1 lU M 1"7 IN i 1.I w •,-nA n Y14 - IJ IN 141 v. lW N r ;1 ..�. 1 /'''1.i' ,N_� w N 1 Y. —__-__-__ l..-- 1N I mn.onq r. 3 u E p ., Y {N'(N 1 \ SCHOOL r ��". ' ,. B _-„I 3 2 o a . 12 8 - o 9 - W I , 9 33 E 11 10 Q f i 1 R m r4 O 1 s �c 1-. .e oDo� • so . 1 WOOOBROOK LN . n r` n N '',.:5 O�C �` ^ �1f1'n�EY� � 51 g TR.iC 16 l I .r f^ •ur'GJ22 " 4 3 2 1 E V 17.16 Ac 5 HILLS 6 Ca NIA 9 2 B 7 a �p .P " A0SS T g 2 I C E 12 E 13 g 3 c 8 : g E 10 E 11 15 ... J TR,11C2 CROSS TIMBER DR. . LH .Y 4 R. 14 "' '" Y Y 33 C. ROSS . TUGGEY.H. HOVEN G.JONES C. PAGEL B 10 a g a 8 c 7 a 6 8 5 ey• I 1 A 12 •SF-lA" "SF-1A. 1 ' .IN .76 1.12 IM ... .Y .70 .Y I IY TR.284B i C.M. 31CPHRSON SvE 1.22 AC TR.2B1 Y Ac •A ,• "AG" 11` L 6EN0 R2BA T8.284A1 ,."43.EONC TR.284 "sF-20A" g2 Ac ' 12 1.63 Ac 1 Ac B5 L "AG" 36 SOUTHWIND PARTNERS L.P. TR.282 .9.43 Ac I• is TR.2840 8. BONE 1.82 Ac TR.284E "AG" 1.43 Ac TR.11C3 .5 AC • JRH CUSTOM HOMES TR.11C4 . T .28 .5 Ac 1 Ac x , I 1 5R TR.2C10 ,.AG" TR.11C5 L. MCCAIN 1 AC I 9 Ac SF-SA" F. JOYCE C F. JOYCE TR.2C1 4 TR.2CID1 r-_-_J 4.49 AC G. JOYCE 3.1 Ac1,:::) _ . ® "AG" 3 TR.11A4 ir 25.32 Ac 1 TR.2C18 12.29 Ac 0 TR.2CSC1A TR.2CSC1 si Ac TR.2CSB1 ' TR.1IA1 6.5 Ac ADJACENT OWNERS & ZONING H _ 11 , . . . . . : ___ , . .., .. . . ..• : • • . • • • . '..-4R5. . - . s 1b3 = V'. CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-95 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, / TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING ' APPROXIMATELY A 8 .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; PR VQ. IDING 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 relatioxi 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\480.95 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 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. From "AG" Agricultural to "RE" Residential Estate. Section 2 . That the City Manager is hereby directed to C:\CD\ORD\ORD480\480.95 ( D 5 Page 2 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\ORD\ORD480\480.95 rib- ( Page 3 / 1� 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\480.95 q ()"II Page 4 - — EXHIBIT "A" 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 BED AS FOLLOWS: BEGINNING AT A 5/8" FOUND IRON ROD IN THE SOUTH R.O.W. 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 Or 463.75 FEET AND S 01°01'50" E, A DISTANCE OF 60.00 FEET FROM THE SOUTHEAST CORNER OS BLOCK 3, CROSS TIMBER HILLS AS RECORDED IN VOLUME 388-177,• PAGE 97; THENCE S 00°09 '05" W, A DISTANCE OS 799.98 FEET WITH THE 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, PARE 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 BETNZ THE COMMON CORNER OF R.O.Y. DEDICATION RECORDED IN VOLUME 10745, PAGE 1376 AND VOLUME 10745, PAGE 1388; THENCE N 09°37 '39" E, CONTINUING WITH THE EAST LINE OF THE PEYTONVILLE 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, PAGE 1388, DEED RECORDS TARRANT COUNTY, TEXAS, TO THE POINT OF BEGINNING AND CONTAINING g.471 ACRES OF LAND MORE OR LESS . • C:\CD\ORD\ORD480\480.95 Page S City of Southlake,Texas CITY AZAGER 4110' 01. g3 MEMORANDUM September 1, 1993 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance 510-A, Second 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. The 1993 Impact Fee Update proposes a maximum assessable fee of $1, 635 for water and $1, 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, 300 for wastewater, for a total of $2, 000 . The $2, 000 represents 56 .5% 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 . City Council approved on First Reading August 17, 1993 . Please place on the City Council September 7 agenda for Second Reading. 4U of ,, ( ffeAtin LAH c:\wpfiles\memos\ORD510_A.LAH • s_ ORDINANCE NO. 510-A 110 AN ORDINANCE AMENDING ORDINANCE NO, 510 OF THE CITY OF SOUTHLARB, TEXAS, THE WATER AND WASTEWATER CAPITAL RECOVERY FEES ORDINANCE, BY UPDATING AND REVISINd THE . CITY'S LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN AND IMPACT PEES APPLICABLE TO NEW DEVELOPMENT; PROVIDING FOR EXEMPTIONS FROM IMPACT FEES; PROVIDING THAT THIS ORDINANCE BEALL BE CUMULATIVE OF ALL ORDINANCES: PROVIDING A BEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE: PROVIDING FOR PUBLICATION IN PAMPHLET FORK; 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 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 fi\til•\muni\al.kw\ordinanc\and V l l J V V /✓J.I I l u a v a v i - a i f f...1 .v i a 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 Or 8ODTgLAKE, 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. fI\lit.\muni\uilk.\ordlnann\.i.d 2 • r1tLll11Vb , tiHKKtI I ILL. 251(-JOU-O D3 nuy i., + �� 1�• �1 ,.U .vi� .v-. Jr SECTION 3. IPThis 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. !l\fi1.\-uni\*l.k.\ordinanc\aid 3 ' ar r 1CLLLI4O , dt-IKRG I I I GL • 01 ( -,OU-J7J.) rIUj 1J r �.J 14 . 11 I U .U1 I I .IJJ J SECTION f. SAll 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 S thereon at least ten (10) days before the second reading r y 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. 0 f&\file\muni\■lwke\ardineac\anal 4 PASSED AND. APPROVED OM FIRST READING ON THIS DAY OF 1493. 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: S City Attorney Date: ADOPTED: EFFECTIVE: Ci\fi1.\muni\.lake\ordinnne\aad 5 • CITY OF SOUTHLAKE 410 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' 0 EXEC IF Zti ...--P-A ____, ./ City of Southlake,Texas MEMORANDUM • September 2, 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 • 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 . City Council approved the ordinance on 1st . reading August 17, 1993 . Please place this item on the September 7, 1993 agenda for 2nd. reading. 47/9Pl. LAH/kb 1110 b:BOGIMEMO.LAH/CEH/kb , . ...=,____,==_ _ MEI City of Southiake _____d . _____ 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. S In 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 . S 667 North Carroll Avenue • Southlake, Texas 76092 (817) 481-5581 • FAX (817) 481-0036 792.9Z, 'AN EQUAL O1'PORTUNIIY EMPLOYER' Honorable Mayor and Members of City Council August 6, 1993 Revised August 12, 1993 Page 2 S 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 mamma. 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 1111 operations . Revenues The proposed FY93-94 Annual Budget projects $1, 848, C7'1 .................................... in General Fund revenues, which is an increase of $C87, 454 googmgm or 16 . 5 o 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 S fees for zoning, platting and building permits . The proposed budget of $1, 088, 000 projects an increase of 7/-3 Honorable Mayor and Members of City Council August 6 , 1993 Revised August 12, 1993 Page 3 4110 $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- 4111 93 , the City' s first major retail center opened, and another retail center n 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 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 gggoggg, which includes $35, 000 32 50Q 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, 768, GC7 ':,7a, in expenditures to accomplish municipal objectives . The proposed expenditures represent an increase of $1, 2C9, 271 ° l,2B9r3 s5 or 28 . 2°6 28><€ ° 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, $G68 , 012 (52 . G%) gAggaggagglag , 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 made by the City to increase attention to neighborhood 1111 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 4110 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 4111 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 . S 7/ 6O Honorable Mayor and Members of City Council August 6 , 1993 Revised August 12, 1993 Page 6 4I/1 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 S 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 $BGG , 398 $P/1 19 1!. We anticipated an undesignated fund balance of $798 , 283 in the General 4111 Fund when the 1992-93 Annual Budget was approved last September. The higher than anticipated growth resulted ��- 7 Honorable Mayor and Members of City Council August 6 , 1993 Revised August 12, 1993 . Page 7 4111 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 l0 . l0 over the taxable value currently on 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, 7d Honorable Mayor and Members of City Council August 6, 1993 Revised August 12, 1993 Page 8 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 . 5% 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 . 6% in the proposed budget. Expenditures are projected at $3 , 402, 055 for an increase of $632 , 668 or 22 . 8% 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 additional land adjacent to Bicentennial Park. A portion 1110 of the purchase price will be funded through Park Dedication Fees, with the balance funded through the 7/ i Honorable Mayor and Members of City Council • August 6, 1993 Revised August 12, 1993 Page 9 1111 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 addressing the service needs . Planning for anticipated 1111 growth drives the budget process . Sincerely, Curtis E . Hawk City Manager CEH/lah/kb • b:CEH/BDCTLTR/rev/kb 7/-/V 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. WHEREAS, the City Manager has . - _• 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 • WHEREAS, the Budget has been filed with the City Secretary for 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 4111 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 4110 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 IIII Page 2 Ordinnnce No. 590 b:ONO 590.LGT/ONOLNES/kb 7/— / • PASSED AND APPROVED ON second reading this day of , 1993 . 4111 . . , . Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary • APPROVED AS TO FORM: City Attorney Date: Adopted: Effective: 1111 1111 Page 3 Ordinance No. 590 b:ORD-590.BGT/OROGRRS/kb 7/...45 • CITY OF SOUTHLAKE PROPOSED BUDGET 1993-94 ALL FUNDS SUMMARY ,. Special Revenue 94cmaiawk3 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) __ ,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) General Fund fi) 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 204,922 250,963 250,963 246,44-8 (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 $4,075 $2,000 $0 $0 ($2,000) -100.0% 0Capital 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% 7//1/ CITY OF SOUTHLAKE ® ALL FUNDS SUMMARY 11:13 AM REVISED 1992-93 BUDGET and PROPOSED 1993-94 BUDGET 94sumall.w1c3 08/12/93 • 1993-94 Adopted 1992-93 1992-93 $.455/$100 $Inc/ 1993-94 1991-92 1992-93 :1992-03 $Inc/ %Inc/ 1993:-94. (Deer) %Inc/ REVENUES Actual Budget ,.;Revised:: (Deer) (Deer) Proposed.: Adopted (Deer) Ad Valorem Taxes $2,739,249 $2,909,533 .:..$2;974,049' $64,516 2.2% $3,2 85 361`: $375,828 12.9% Sales Tax 510,036 579,000 ':> '::`::610;000. 31,000 5.4% .. :70150#? 122,500 212% Franchise Fees 279,619 304,450 '' ::`304935; 485 0.2% .:336404 31,950 10.5% Fines 208,68'2 270,600 ::,201500 (69,100) -25.5% 2 z 440: (39,160) -14.5% • Charges for Services 46,360 55,750 . ':' 59;7501, 4,000 7.2% ,.'57,250 1,500 2.7% Permits/Fees 893,697 654,350 1,218;610: 564,260 86.2% 1;138,000:, 483,650 73.9% Miscellaneous 65,065 40,254 :'s::82 5,1'5 42,261 105.0% ..:35 A40; (4,814) -12.0% Transfer-Utility Fund 161,774 267,295 'i:,267;295 . 0 0.0% :421613, 154,318 57.7% Transfer-Insurance Fund 29,450 0 ••:z0: 0 0.0% is ;0:; 0 0.0% Water Sales-residential 1,560,336 1,677,540 >035;000' 157,460 9.4% ..;2;016;500 340,960 20.3% Water Sales-commercial 318,453 419,385 ::. ._;380;000; (39,385) -9.4% 41S,000.: (1,385) -0.3% Wastewater Sales 185,824 205,454 :'#22• 5000: 19,546 9.5% '`270i154. 65,000 31.6% Sanitation Sales 235,603 258,000 : '290,006: 32,000 12.4% 320000. 62,000 24.0% Other Utility Charges 218,109 145,067 ` 231520; 86,453 59.6% 197;078`, 52,011 35.9% Interest Income 113,696 92,970 99.970 7_ 7.5% 86,00• 0: (6,970) -7.5% Total Revenues $7,565,953 $7,879,648 .•$8,780;14-4; $900,496 11.4% $9;517;036: $1,637,388 20.8% EXPENDITURES City Secretary $124,457 $145,599 • • $146,999: $1,400 1.0% $160;8),1,;, $15,212 10.4% City Manager 129,129 141,239 159,082 17,843 12.6% I67,526 26,287 18.6% Support Services 417,492 509,964 512,965. �l 0.6% 601;050:' 91,086 17.9% General Gov Total $671,078 $796,802 $819046: $22,244 2.8% $92938f $132,585 16.6% Finance 192,339 205,487' • '205;487 0 0.0% .251;674' 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 $366,095• ($2,250) -0.6% $414,077 $45,732 , 12.4% Fire 531,671 569,238 565,590 (3,648) -0.6% 690,148. 120,910 21.2% •Police 825,243 909,333 910,603 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 $1,852,739 ($4,684) -0.3% $2,089;151. $231,728 12.5% Building Inspections 127,329 161,870 159,911 (1,959) -1.2% 248,498; 86,628 53.5% Streets/Drainage 685,699 883,730 914;847 31,117 3.5% 1,407168 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% 115;366 21,627 23.1% Water 1,244,889 1,605,572 1,620,461 14,889 0.9% • 1,850,369 244,797 15.2% Wastewater 866,653 559,601 554,888 (4,713) -0.8% 887,178 327,577 58.5% Sanitation 206,396 232,200 260,500 28,300 12.2% 288,000 55,800 24.0% Public Works Total $3,306,639 $3,708,307 $3,779,448 $71,141 1.9% $5,510,907 $1,802,600 48.6% Community Dcv.Total $145,412 $197,888 $226,191 $28,303 14.3% $261,659: $63,771 32.2% Transfer-Intel-fund 159,446 267,295 267,295 0 0.0% 269,613 2,318 0.9% Other 0 25,000 25,000 0 0.0% 25,000 0 0.0% Reserve-Personnel 0 0 0 0 0.0% 100,000 100,000 100.0% Debt Service 848,420 996,117 996,117 0 0.0% 1,391;725 395,608 39.7% Total Expenditures $7,166,218 $8,217,177 ;8,331,931 $114,754 1.4% $10,991;519 2,774,342 33.8% Nct Revenues $399,735 0337,529) ;44, 2 ,3 $785,742 ($1,4 4 ) Add:Proceeds from C.O.Sale $0 $0 SO $0 S1,040,000 l.ess:C.o.l'aymcnt 0 0 0 0 (155,000) ® Less:Transfer to Special Rev. (796) 0 0 0 0 Nct Revenues $398,939 ($337,529) $448,213 $785,742 $5 4 f$89, $3) Beginning Fund Balance $1,731,847 $2,130,786 $2,130,786 $0 $2,578,999 Ending Fund Balance 52,130,786 $1,793,257 578999_ $785,742 $1,989,516 CITY OF SOUTHLAKE 0 . CONSOLIDATED GENERAL FUND AND DEBT SERVICE FUND 11:13AM REVISED 1992-93 BUDGET and PROPOSED 1993-94 BUDGET 94stsnall.wk3 08/12/93 - 1992-93 1993-94 Adopted .. $Inc/ 1992-93 $.455/$1Q04 $Inc/ 1993-94 1991-92 1992-93 1992-93: (Decr) %Inc/ 1993-9I4 (Decr) %Inc/ REVENUES Actual Budget ;:.R64S.Cd: Adopted (Decr) Proposed: Adopted (Decr) Ad Valorem Taxes $2,739,249 $2,909,533 2 974 04Q, $64,516 2.2% $3,285361: $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 ..;!; ;`304;935. 485 0.2% 336;490.:: 31,950 10.5% Fines 208,682 270,600 <:;;::201;500 (69,100) -25.5% 231440: (39,160) -14.5% Charges for Services 46,360 55,750 :•::.59,750: 4,000 7.2% S7j25Q_:: 1,500 2.7% Permits/Fees 791,983 622,150 .::::11; 21;860 499,710 80.3% 1,088,000. 465,850 74.9% Miscellaneous 42,147 17,340 „ :::<24;115 6,775 39.1% ,17;940:; 600 3.5% •' Transfer-Utility Fund 161,774 267,295 ::: 267,295 0 0.0% • 421613. 154,318 57.7% Transfer-Insurance Fund 29,450 0 :> : 0 0 0.0% ?::;:0:: 0 0.0% •Interest Income 75,188 65,000 ::: :::7,1600 6 000 9.2% .:60 (5,000) -7.7% Total Revenues $4,884,488 $5,091,118 $56345.04' $543,386 10.7% :$6,19904.:: $1,108,386 21.8% EXPENDITURES City Secretary $124,457 $145,599 : `';$146,999.: $1,400 1.0% $160;811 $15,212 10.4% 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 3 001 0.6% 601050; 91,086 17.9% General Gov Total $671,078 $796,802 :::::,!:;$819,04.6i $22,244 2.8% S929,387>> $132,585 16.6% Finance 192,339 205,487 205;487.. 0 0.0% 251;074 45,587 22.2% ® Municipal Court 145.344 162.858 160.608. (2,250) -1.4% I63003. 145 0.1% Finance Total $337,683 $368,345 $366;095'. ($2,250) -0.6% $414t077<:= $45,732 12.4% Fire 531,671 569,238 . 565;590: (3,648) -0.6% 690;148 120,910 21.2% Police 825,243 909,333 910,603, 1,270 0.1% 981,159; 71,826 7.9% Public Safety Support 340,626 378,852 376,546; (2,306) -0.6% i 417,844 38,992 10.3% Public Safety Total $1,697,540 $1,857,423 $1;852,739: ($4,684) -0.3% I $2,089,151. $231,728 12.5% Building Inspections 127,329 161,870 159,911 (1,959) -1.2% j 248,498:: 86,628 53.5% Streets/Drainage 685,699 883,730 914,847 31,117 3.5% i 1,407,168 523,438 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 .:.$1,327;599 $48,665 3.8% $1,964,49 :: $685,559 53.6% Community Dev.Total $145,412 $197,888 >::$226;191: $28,303 14.3% $261;659. $63,771 32.2% Reserve-Personnel 0 0 0 0 0.0% j 100,000 100,000 100.0% Debt Service G.O.Bonds 758,997 916,398 :- . 916,398: 0 0.0% j 1,309,830 393,432 42.9% Total Expenditures $4,595,336 $5,415,790 "$5,508,068 $92,278 1.7% ' $7,068,597 1,652,807 30.5% . Net Reveoucs $289,152 ($324 672) $126,436 $451,108 ($869,093) Add:Proceeds from C.O.Sale SO 0 0 $0 720,000: Less:C.O.Payment 0 0 0 0 (155,000) Less:Transfer to Special Rev. -796 0 Q; 0 ;,.Q Net Revenues $288,356 ($324,672) $126,436 $451,108 (S304,093) Beginning Fund Balance $1,062,834 $1,351,190 $1,026,518 ($324,672) S1,152;954: Ending Fund Balance $1,351,190 $1,026,518 $1,152,954 $126,436 I $848,861 III / /'/Y✓ CITY OF S O UTHLAKE ,0 GENERAL FUND 11:13AM REVISED 1992-93 BUDGET and PROPOSED 1993-94 BUDGET 94sunall.wk3 08/12/93 1992-93 1993-94 $Inc/ 1992-93 •::'S:455/$.100:> $Inc/ 1993-94 1991-92 1992-93 ? t992,-93. (Deer) %Inc/ 1993 :4 (Deer) %Inc/ REVENUES Actual Budget >R4V1SCdi 1 Adopted (Deer) <>Piom c1 Adopted (Deer) Ad Valorem Taxes $1,964,449 $2,102,484 $2135 000 $32,516 1.5% : ::'8Z204198:: $101,714 4,8% Sales Tax 510,036 579,000 ' : '610;000 31,000 5.4% `:>: `.< :701500 122,500 212% Franchise Fees 279,619 '304,450 <'s� 304,935: 485 0.2% ?> « 336 4Q0• 31,950 10,5% Fines 208,682 270,600 ?<:;<2015.00_ (69,100) -25.5% ?:>231440'.; (39,160) -14.5% Charges for Services 46,360 55,750 :[;>;59,750; 4,000 7.2% >57 ;50` 1,500 2,7% Permits/Fees 791,983 622,150 '::>f_':3121860 499,710 80.3% '>::>1;08ff r04: 465,850 74.9% Miscellaneous 42,147 17,340 s> ,i: >2411s: 6,775 39,1% ? 17Q44:: 600 3.5% Transfer-Utility Fund 161,520' 159,446 S <`%<159,4'46'• 0 0.0% ;:`;; .59446'= 0 0,0% Transfer-Insurance Fund 29,450 Interest Income 64,121 50,000 `: ::»66'000. 10,000 20,0% <; ;:i:ii: �:50'000.1• 0 0.0% Total Revenues $4,098,367 $4,161,220 : $4;676 606 $515,386 12.4% < ;:':$4,846;174:: $684,954 16.5% EXPENDITURES City Secretary $124,457 $145,599 >?$146;999' $1,400 1.0% %i ' ::$160;811z. $15,212 10.4% City Manager 129,129 141,239 ;:159,082 17,843 12.6% ." ` ;167;526: 26,287 18.6% Support Services 417,492 509,964 , ]::F. 12;965 0.6% -:;: :601i150. 91,086 17.9% General Gov Total $671,078 $796,802 <<;::'.;$819 046 $22 244 2.8% ':i $929 87:: $132,585 16.6% 0 Finance ' 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 `.'a$366''095: 2 250 -0.($ } 6% :;;;. :$414;077: $45,732 12.4% Fire 531,671 569238 ?: :;3'':565,590 (3,648) -0.6% ' ;690r148':; 120,910 21.2% Police 825,243 909,333 ::';910,603 1,270 0.1% .98110:[ 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 $1 852,739 ($4,684) -0.3% $2,089 151 $231,728 12.5% Building Inspections 127,329 161,870 ::159,911 (1,959) -1.2% . ..2448 86,628 53.5% Streets/Drainage 685,699 883,730 • 914,847 31,117 3.5% 1,407168 523,438 59.2% Parks and Recreation 101,924 139,595 • 146,688 7,093 5.1% 193;4.61:: 53,866 38.6% Public Works Admin 69,674 93739 106,153 12,414 13.2% 115366' 21,627 23.1% Public Works Total $984,626 $1,278,934 $1,327,599 $48,665 3.8% ;$1,964 493: $685,559 53.6% Community Dev.Total $145,412 $197,888 $226;191' $2.8,303 14.3% ''$261.659H $63,771 32.2% Reserve-Personnel 0 0 0 0 0.0% 100,000 100,000 0.0% Total Expenditures $3,836,339 $4,499,392 $4,591,670 $92,278 2.1% $5,758;767:; $1,259,375 28.0% Net Revenues $262,028 ($338,172) ..$84,936 $423,108 ($912,593) ($574,421) Add:Proceeds from C.O.Sale 0 0 0 $0 $720,000.: $720,000 Less:C.O.Payment 0 0 0 0 (155;000) (155,000) Less:Transfer to Special Rev. (796) 0 • 0 0 ;':?::0: 0 Nct Revenues $261,232 ($338,172) , :,,:;$84,936 $423,108 f$347,593) ($9,421) • Beginning Fund Balance $875,223 $1,136,455 $1,136,455 $0 $1,221,391" $84,936 Ending Fund Balance $1,136,455 $798,283 $1221,391 $423,108 $873;798- $75,515 0 ' _ .. 7t7 , • CITY OF SOUTHLAKE DEBT SERVICE FUND 11:13 AM REVISED 1992-93 BUDGET and PROPOSED 1993-94 BUDGET 94sumall.wic3 08/12/93 1992-93 1993-94 Adopted $Inc/ 1992-93 $.4554100 $Inc/ 1991-92 1992-93 1992. ,493 .. (Decr) %Inc/ • 1.993494: (Decr) 1993-94 REVENUES Actual Budget '•:iltevised:.:i:. Adopted (Decr) Propitik4;''. Adopted %Inc/ .,...... , . . Ad Valorem Taxes $774,800 $807,049 .:: $839,049. $32,000 4.0% $1081163 $274,114 34.0% Interest Income 11,067 15,000 :-,:,::'' 11,000- (4,000) -26.7% 1000 (5,000) -33.3% ::•::: Operating Transfer In 254 107 849 : '107 849 0 0.0% 262167 154 318 143.1% Total Revenues $786,121 $929,898 •-$957,898: $28,000 3.0% $1,353,330 $423,432 45.5% EXPENDITURES ,i:i.• Principal $205,000 $240,000 : i$240,000: $0 0.0% $340;060% $100,00,0 41.7% _ Interest 333,489 423,935 .:i;:. 423,935: 0 0.0% --rilOci 297,947 70.3% Admin.Expenses 15,586 1,500 ::', 15001: 0 0.0% - '1;500 0 0.0% Operating Transfer/ Water/Sewer Fund 204 922 250 963 :: 250 963 0 0.0% 246 448 (4,515) -1.8% Total Expenditures $758,997 $916,398 i:$916,398' $0 0.0% $1,309,830 $393,432 42.9% Net Revenues $27,124 $13,500 , ]:::$41,500 $28,000 3.0% $43,500 $30,000 • Beginning Fund Balance Ending Fund Balance $187,611 $214,735 '.$214,735 $0 0.0% $214,735 S228 235 . $256 $28,000,235 0.0% $256,235 $299 735 S 71-/F CITY OF S O UTHLA.KE 0 UTILITY FUND MO AM REVISED 1992-93 BUDGET and PROPOSED 1993-94 BUDGET 94sumall.wk3 08/12/93 1992-93 1993-94 1992-93 $Inc/ 1991-92 1992-93 1 - (Deer) %Inc/ .).993 94 (Deer) 1993-94 REVENUES Actual Budget ::>::Revised: Adopted (Deer) :<Pt.O.p.OSCd::: Adopted %Inc/ Miscellaneous $21,323 $22,118 ,:; :;:;556.v).9. $35,982 162.7% $17,500 ($4,618) -20.9% Interest Income 35,693 25,970 ;>: »#:25 970' 0 0.0% ' 24 000: (1,970) -7.6% WaterSales-residential 1,560,336 1,677,540 ;>.;::; ;1,835;000, 157,460 9.4% ;Z;01$,$)G 340,960 20.3% Water Sales-commercial 318,453 419,385 .i :<:3$0;000. (39,385) -9.4% :418jQ40i (1,385) -0.3% Sewer Sales 185,824 205,454 s: :: 225 000 19,546 9.5% . :.270454 65,000 31.6% Sanitation Sales 235,603 258,000 •:i: ::::290,000, 32,000 12.4% zii;320,000 62,000 24.0% Other utility charges 218,109 145,067 <::.2.31;520 3 86,453 59.6% :;: ;97 078- 52,011 35.9% Total Revenues $2,575,341 $2,753,534 $3 045 5, : $292,056 10.6% >:$3;Z 5,53a $511,998 18.6% EXPENSES Other $0 $25,000 [: : $25 000, $0 0.0% '..:$25'.00 $0 0.0% Debt Service-Revenue Bonds 89,423 79,719 .. .-i:79;719- 0 0.0% <><$1895. 2,176 2.7% Water 1,244,889 1,605,572 :.<::1620461:ii 14,889 0.9% ,<:1. 3g469: 244,797 15.2% Sewer 866,653 559,601 .''554;888. (4,713) -0.8% '". 887,178; 327,577 58.5% Sanitation 206,396 232,200 ,260,500 28,300 12.2% :288,000" 55,800 24.0% Operating Transfer Out. 159,446 267,295 : ..:.,.267,295. 0 0.0% r::269 613' 22 318 0.9% Total Expenses $2,566,807 $2,769,387 `$2;807863: $38,476 1.4% , :$3402055. $632,668 22.8% Net Revenue's $8,534 ($15,853):: $237;727' ;..:......:..::::::.:.:.. .... . ............. S6:523) • Beginning working capital $665,982 $674,516 ,S.674,516. $9123.'', Ending working capital $674,516 $658,663 $912,243 ': 775,720::. CITY OF S O UTHLAKJC • SPI4,CIA.L REVENUE FUND Parks/Recreation 11:13 AM REVISED 1992-93 BUDGET and PROPOSED 1993-94 BUDGET 94sunalt.wF;3 08/12/93 1992-93 1993-94 Adopted $Inc/ 1992-93 $Inc/ 1991-92 1992-93 i-::; 1992; 9 :: (Deer) %Inc/ ...1993:-»94; (Deer) 1993-94 REVENUES Actual Budget ::::;:::'Revised;::> Adopted (Deer) PropOScd;. Adopted %Inc/ Permits/Fees $101,714 $32,200 ':` ."$96 750:` $64,550 200.5% •$50;000: $17,800 55.3% Miscellaneous 1,595 796 >>'300; (496) —62.3% • >'':0: (796)-100.0% Interest 2 =,:'`: ; 3;1H: 1000 50.0% .2;000: 0 0.0% Total Revenues $106,124 $34,996 _$100050` $65,054 185.9% .$52;0Q0; $17,004 48.6% EXPENDITURES Park Improvements $0 $30,000 $.7,0, ($14,000) —46.7% _ .$5331:57: $23,157 77.2% Parks and Recreation 4,075 2,000 '` "' 0 (2,000) —100.0% ' :0: (2,000)-100.0% Land 0 0 .<«; _;. :j; '0;; 0 100.0% 467:710 467,710 100.0% Total Expenditures $4,075 $32,000 :: «$1'6;000:, ($16,000) —50.0% :$520;867 $21,157 66.1% Net Revenues $102,049 $2,996 .:; >'$84;0S0 $81,054 ($468 867) ($4,153) Add:Proceeds from C.O.Sale 0 0 0. 0 0.0% 320,000; Beginning Fund Balance $3,031 $105,080 ;:$105;080 $0 $189;130: illEnding Fund Balance $105,080 $108,076 : $1$9130'> $81,054 $40263 • • • 7 !_°7® 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 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% ill 7 - 2/ • CITY OF SOUTHLAKE PROPOSED BUDGET 1993-94 4111 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% 0Parks 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 7/-aqa3 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% Capital Outlay 86,937 3,700 3,374 13,500 9,800 264.9% ilkotal 866,653 559,601 554,888 887,178 327,577 58.5% anitation 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% GRAND TOTAL 7,167,002 8,217,177 8,331,931 10,991,519 2,774,342 33.8% ill 71- a,3 CITY OF SOUTH LAKE ADOPTED BUDGET 1993-94 ALL FUNDS SUMMARY 0 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% Capital Outlay 191,234 149,325 148,999 280,400 131,075 87.8% 0DebtService 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% GRAND TOTAL ALL FUNDS 7,167,002 8,217,177 8,331,931 10,991,519 2,774,342 33.8% S . City of Southlake,Texas MEMORANDUM CITY MANAGER August 31, 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 rate 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. Council approved the ordinance on 1st. reading August 17, 1993 . Please place this item on the September 7, 1993 agenda for 2nd. reading. AiiLafr-in 464- LAH/kb /aa •rt I • CE NO. 591 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 ROLL PRESENTED TO THE CITY COUNCIL; PROVIDING- "OR THE REPEAL OF INCONSISTENT ORDI► 'O CES; PROVIDING FOR A SEVERABILITY -LOSE; AND i .._ e 'ING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas (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 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 0 of the City on each One Hundred Dollars ($100 . 00) assessed value of taxable 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 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 . Section 7 . If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto Page 2 7a -3 Ordinance No. 591 h:ORDN591.TA%/ORDRRR$/kb 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 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: 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 : Page 3 7g_ ,/ Ordinance No. 591 ?` b:ORDM591.TAX/ORDLRES/kb City of Southlake,Texas • September 1, 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. On August 17, 1993 , the City Council approved the First Reading of 0 Ordinance No. 592 . Please place this ordinance on the September 7 Council agenda for their review and consideration of the Second Reading. KPG 111 4111 ORDINANCE NO. 592 AN ORDINANCE 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 1111 City Council has determined that fees should be established; and has determined that it is WHEREAS, the City Council 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 shall pay the fee as prescribed by Resolution adopted by the City S time-to-time. CityCouncil shall periodically from time to time. The p y review the need for and the amount of fees for city services, uses 4111 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 IIII any activity, use or service, heretofore adopted by Ordinance, Resolution or Minute Order, which are inconsistent with any fee 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 IIIIfull force and effect. 7H -3 , ,, SECTION 4 • It is hereb declared to be the intention of the City Council Y 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. 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. SECTION 7 4111 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 tune 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 4111 after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1993. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1993. MAYOR ATTEST: • CITY SECRETARY - _ -ii, 1111 APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: slake\fee.ord(7-26-93) S III - City of Southlake,Texas 4111 August 31, 1993 TO: Curtis E. Hawk, City Manager 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 . It is anticipated that the schedule of fees will be reviewed IIIannually during the budget process . On August 17, 1993 , the Council tabled this item until its September 7, 1993 meeting and asked Staff to review certain fees . These fees have been redlined in the resolution for ease of discussion. In response to concerns regarding the recommended two percent (20) Plan Review Fee, Staff offers the following comments . The fee description was changed to Administrative Processing Fee to reflect the broader scope of services provided. This fee would include the following services : * Pre-construction Meetings between the Developer, Consultants, and City Staff to address engineering-related issues prior to submittal of construction plans . * Individual Staff Construction Plan Review * Plan Review Committee Meeting attended by the City' s outside engineering consultant, Director of Public Works, Director of Community Development, Public Works Inspector, Water/Sewer Superintendent, Street Superintendent, Fire Marshal, and Building Official . * Developer' s Agreement negotiations between the Director of 0 Public Works, other City Staff, and the Developer prior to submittal to the Council . t. . 0 Curtis E. Hawk, City Manager Resolution No. 93-47 August 31, 1993 Page Two * Interface with Governmental Agencies; such as, FEMA, TRA, EPA, and Texas Water Commission * Bond Administration; such as, Performance, Payment, and Maintenance Bonds * Street Light review and approval by City Staff * Street Sign review and approval by City Staff Staff has also confirmed the fee charged by the surrounding cities of Colleyville, Grapevine, and Keller and have found the following: * Colleyville charges a 2% Plan Review Fee based on actual construction cost as well as the 3% inspection fee * Grapevine charges 5% of actual construction cost which includes design review and construction inspection • * Keller charges $20 per acre Please place this resolution on the Council' s September 7, 1993 P agenda for their review and consideration. KPG 1111 :a RESOLUTION NO. 93-47 4110 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, the 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 I . Administrative Activities Activity Fee 1 . NSF Check Return Charge 4110 MAIM 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::::::::''::::u taids Maiiiiiiiiiiiiiii ooloaililibutiokggilliiiiiiiii 1111 9 . Solicitation/Vendor Permit $ 35 . 00 (Co. license) + $10 . 00 / Agent + $1, 000. Surety Bond _ 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 II . 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 ® 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 III $300 . 00 + $20/Ac. -Comm Activity Fee 41/1 16 . Final Plat (P.U.D. ) $300 . 00 + $30/Lot-Res $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 . III . Public Works Activities Activity Fee ............................................................................................................. 1. AdmWnwtrtmuvigEmmoeipmng 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 . 00 411/ 6 . Sewer Tap Fee $ 75 . 00 -5 - ..I. Activity Fee ip7. Water A'dmrsrtv:e Service Charge $ 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 for Non-Payment, Business Days Only: 8 a.m. - 5 .m. : >.<_; After 5 .m. : 11 . Water Meter Re-installation Fee $ 50 . 00 12 . Water Meter Reread Fee $ 5 . 00 13 . 1111 14 . Late Utility Payment Fee 100 of Outstanding Bal . 15 . Additional Recycling Bins $ 6 . 00 per Bin 16 . Street Light Costs Developer pays install . ....................... + > operation cost 17 . Building Permit Fees Per the currently adopted U.B.0 (Administrative Code) 18 . Water Well Permit $ 30 . 00 19 . :: ;Pia ::i:> ° :>:t 20 . 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 • 21 . Culvert Permit $ 30 . 00 22 . Approach Permit $ 30 . 00 2 III P2 Jto IV. Park Activities 4110 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. (Entire Bldg. ) (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) Community Building $ 15 . 00/Room/Hr. (3 Hr. Minimum) $ 75 . 00/Hr. (Entire Bldg. ) (3 Hr. Minimum) 3 . Ballfield Fees : Lighting Fee (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 Section 2 . Payment of Fees: All fees as established herein shall be 1110 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 are 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: 4111 Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas IIIB:\WPFILES\RESOL.FEE\8/11/93 City of Southlake,Texas MEMORANDUM August 26, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-37 Rezoning REQUESTED ACTION: Rezoning approval for 1.17 acres situated in the John A. Freeman Survey, Abstract No. 529, Tract 4A1. LOCATION: 710 S. Kimball Road OWNER: Beverly Bratcher APPLICANT: James R. Phipps CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "0-1" Office District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Nine RESPONSES: One in favor: * Jack Petty, 616 S. Kimball Avenue Two opposed within 200 feet: * Donald M. Ramsour, 703 S. Kimball Avenue * Gary Fox, owner of Lot 7, Meadow Oaks Two opposed outside of the 200' notification radius: * Jerry and Mary Forbus, 595 S. Kimball Avenue * Mr. and Mrs. C. S. Johnson, 495 S. Kimball Avenue Copies of these letters are attached for consideration. P & Z ACTION: June 17, 1993; Approved (to deny) "0-1" rezoning request (5-2) . COUNCIL ACTION: July 6, 1993; Approved (4-0) to table Ordinance No. 480-89 until July 20, 1993. July 20, 1993; Approved (6-0) to table Ordinance No. 480-89 until September 7, 1993 when all seven members of Council will be in attendance. STAFF COMMENTS: Mr. Phipps was sent a letter on August 23, 1993 reminding him of his zoning hearing before the City Council on September 7, 1993 . KPG/gj B:\ZA93-37.MEM 'I James Phipps 6-3- 1993 603 Field Street Col l eyvi l l e, Texas 76034 --1( 7 n r.-ran n I`1r- O) • -1) ju,i 1993 City of Southlake _ Li, -T--;-Li � 667 North Carrol Ave. Southlake, Texas 76092 517-481 -5581 LETTER OF INTENDED USE Ref. Subject Property 710 South Kimball Road Southlake, Texas 76092 This letter is to request zoning change of subject property to 0- 1 , Commercial use by normal proceedures, variance or what ever legal ) remedy at law now existing for the purpose of allowing the property owner to use subject property for the following use. Computer Research, Study and Office Center for local members of our nation wide educational sales material and educational organization. There will be approximately ten computer work stations in the main computer room. Aprox. room size of 400 square feet. (See photos provided.) We will be selling new and used books, and educational programs of all kinds through mail order and by private membership similar to the original Ben Franklin library clubs. started in the 1700's before public libraries existed. Many of these courses are the types you see currently advertised on t.v. on the subject of real-estate, mail-order marketing, auction buying, money management, speed reading, modern math, self Improvement, etc. The purpose for this facility will be a product order fullfillment, telephone and data processing center to support the activities of outside sales people selling educational material of the nature listed above which helps individuals learn how to start, run and succeed in their own home _ operated business. • Expected occupancy of the building during the week will be aproximately five staff members and generally two to ten students comming and going at various times during the day. This facility will not be like the normal traffic generating walk in off the street retail sales type business. Sales are created by mail order. The staff will be doing normal computer and clerical work and telephone answering services for our membership. There will not be any loud noise or obnoxious behavior of any person or persons on the property. No alcoholic beverages, drugs, etc. what-so-ever are allowed on the property and we do not allow smoking within the building 'Company Policy_' This rural setting is perfect for a quiet congenial study atmosphere and conducive for our clientel and employees. The facility and all activities on the premisis are neighborhood friendly. There is already in existence adequate parking space automobiles for the expected use of the building and as presently required by city code. Additional space of aproximately one full acre is directly behind the building for additional parking. It is not our desire at this time or in the near future to use the facility to accomodate crowds of people at any time which would make it necessary to convert the present green belt into parking space. The requested usage of this property will not significantly add to or cause more traffic than what presently occurs on Kimball Road or adjacent streets and no use of the property by the would be detramental to the public health, safety or morals of the community_ Any concerns by city officials or any neigbor living anywhere around the facility regarding this matter will be totally unjustified_ It is not the desire of the property owner to be a bad neighbor for anyone within the residential neighborhood around the property or to do anything which would harm or-decrease the value of surrounding property. �(7� e This zoning request should be granted by the City of Southlake for the following reasons. 1 . The existing structure meets all code requirements for subject facility use without any structual or parking changes needed. PREVIOUS USE 2. The property has been used as commercial property for eight years \-)‘ 4)‘ - before the present owner purchased the property and was at one time part of the existing commercial business directly next door. CURRENT STATUS 3. The property is currently being taxed as commercial property. It has been on the State Board of Insurance Records and insured as commercial property for eight years. • 4. The city recognizes it as commercial property in their own UTILITY DEPARTMENT as it has a commercial water meter and the present owner has paid commercial utility rates for one solid year. 5. (A) The structure does not meet the current requirements for being used as residential because there are no bed rooms, closets, living room, den, dining area, game room, or other rooms commonly found in a house. (B.) The main room in the front is aprox. 60 feet long including the two offices and 24' wide making it one room of 1500 square feet! (C.) The room has a high valuted ceiling and the flooring is commercial ceramic tile. (D.) The building has two rest rooms, one with two mens urinals and one corrode. (E.) One rest room has a 2'8" door to accomodate wheel chair traffic for the handicapped. The structure has no bathtubs. (F.) The property owner has owned the .building for over one year and has not been allowed to use the property for any use which has created a legal problem for both the city as well as the property owner. (G.) Any use of the property other than commercial would require major structual changes and would not be conducive for the building. The building is and has been designed for commercial use for a LONG, LONG, LONG TIME! (H.) All sidewalks leading up to the property are over 5' wide to accomodate wheel chair traffic and parking space is available for the handicapped. (I.) The property owner simply wishes to remedy all problems the city has with the subject property and all legal problems concerned. (J.) The property owner desires to simply use his property and be a good neighbor. Any problems associated with this property are best resolved as soon as possible for all parties concerned. This letter of intended use is being submitted to the City of Southlake in good faith by the property owner for consideration and approval. The property owner desires the classified of 0- 1 for commercial use of the subject property. Nothing in the nature or operation of the business which will be operated from these premisis is harmful to the health, safety or welfare of the community or neighborhood_ The property owner expects fair and equal consideration and treatment by the City officials in zoning this property based solely on clearly written guidelines within the zoning code book. Speculations of unknown factors or discriminatory actions or attitudes of anykind by any city official simply will not be tolerated by the property owner. It is not the desire of the property owner to be a problem for the city in any shape, form or fashion but adequate measures to protect the property rights of the owner will continue as long as necessary to obtain equity in this matter. Please respond in writing as soon as possible regarding this matter Respectfully submitted, This third day of June 1993 All Rights Reserved Without Prejudice 1-207-U.C.0 • James R. Ph.pps • The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-37 I am (in favor of) (opposed to) (undecided about) the request for the . ." ' g reasons : • SIGNATURE: ADDRESS : J O / C:\CD\NOTICE\ZA93-37.OWN The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission,_ 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA q3-37 I am (in favor of) opposed to' (undecided about) the request for the following reasons : T -r-e2 �c S I 6--,-///,0-2 cS l 972-d SIGNATURE: • ADDRESS : 41362-- > r' , 'e �1- .d U _ C:\CD\NOTICE\ZA93-37.OWN 7, i - oak') .June, 11 19 ' Jerr and Mar or0us 5q 50 U-k V%nn,kjc_L 1 O e. (aYVn.;'r\ cad � � � Q-'°‘ThrY1115S on c�xc (Knd Mar cC-3us dQ_e- vee.oYccl\ o s be, o Pose cA rk_ l 't l r ?VA; p p s -0(l e, ro er e)A �J co.--Lc-\n er' ©Y1 k.kYy\lo9.1 (Jed ck) *NI C-‘, 7- 04\6._ -00e., 6r1.0_,0 e, �soieinied :0-09u r\e k CZo-L e, ‘\A 41e- be-51- 4\.\-ek,e_s---- `(Aei ` D oNc\ao C>NC O vN 3o MC`S e, \to t ect, --C�t1.e O \ f\kon W � Ujn.C.) •Ce---S‘ K ‘rnbc-11 1 c t(lo _ge (650 e4p (ess,e_a_ c os, o\-\ \`<N vJ lS •k"--c) cy on WC.oYO; as 6e_.$,:ne,$) oS eQ 4\e___. �oYl �1 cam- �J e s� LA Oppie_eioic oar C\e_IQ kAA C3.�rl c� Sv off+ • , ..� �v Livw illy iviu[ may De tilled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . RFPJ RRNCE NO. : ZA 93-37 I am (in favor of) opposed to (undecided about) the request ford he following r aso l',v-c.U' &2 /`- gi-e-K-61 SIGNATURE: L ADDRESS : 711 J / � ,%6G7a/212,� 9Ze7 . C:\CD\NOTICE\ZA93-37.OWN 1 ,�� SC1 en �� 1 [Tilt y III M. .� 1 l �r. 9 �.5 1 I st, + �' L, AMUF l k I:;I f: VOA 1112.. SLIMY A-I• 1 311142 ilia •. ,14J 21 2A 2 I Ivax - 21I ?• ?U ttl 2!10 ?N Vlik 3 I I I WS rAV 1Vir 3.8. Walk ( =� '. !s- I J 2A1 2A - as I. MX LA , IIII arm 352A SA • 1 I 11 r �� NORTH • x x t WEST PKWY a•ST - 1 1?A 1di I g . 1 1 �� • P :• 3fl�11Y me) 2A2 1 [An a.nitAIZ Rob ,�i: IA I ! ?C 2 a In, ' tit a 1• 6ogoun Ma ok:a tirlii Apo:.......-411 , ?A3A1 �►Lll :.; t • in, a. 2 1 ?A w 2A2A ?AlA ` to -1.-ji l'' I 1 2A1 ©3A 1C I I I ?ASA v r� I�q1341.400t(271,144":, ; � I Ilf la III t 1 �r( „1 T pp •�y(� pp 1�{��qq 3A to i-�y, ' A-4N i YJ®Y7UV A. �U"]1 Alli YGK s SA ]A Y( A-•O/ • 01 �2 ' 3 110 i a ( iiPif* + 1 IH I 1 • I 12 art arr Y'1 I `� 4 1101 1A3 G''�- T106l IID4 'LW. HALE ; 3113 3 -- r- I F•�/ ► - 1,1 aGfK"' A-IOJ {Al ,Jdoq%T. A22A 72 2C1 I il • 142 I 213 Ili an 1A Y, 1 i i I X ' 1 t 1. I , I. i „ • It ; TRACT LOCATION MAP Fr'.� -`' ,. � GP to I WI-.« 11n i arN I Ei163.„.0. ':17- m b i 0 -(' ...51;. 1 J. -122 { A ,ry '2 ivtq \\\, iC Cl H x741 Mn riTwit dh NI rt,Ir_ no'rr-fr0 - - C.a.......A_I/i TR 3A 4 /� 13.5 AC �� If:5. :1 I 5 0 I , "" D. FAGLIE 6 J. PETTY P. CARROLL JR. "AG" a "SF-1A" r.) TR 3 8.6 AC TR 30 2. 19 AC I TR V "AG" 3C TR 38 G. FOX 14 1 AC - , I 7 AC / • ll "SF-1A" TR i ` I "AG" TR 6G D. RAMSOUR 1 11 2 AC TR 6H S' "AG" ENTEK CORP. TR 4A4 2 AC / I I OroPhO _ N I D. HOOD •1 :'" K i0 1 1 a "1-1" TR 6K .684 AC W. LEE �T G 0 �Q' % E "II--1" II 8 9 ,/ �7 5$ I I TA �Q'�ti Q PUMPCO, INC. �Z$ I "SF-1A" A I .0 i105A I i o TR 6K1 I o I 1 I �1105A1 .777 8 AC lI •• .967 AC 1-1" ADJACENT OWNERS & ZONING .- I �1 AoG • p M E U B TR 383 cC 3 AC TR 3 J TRACT 5 I I ' ��20 6.15 AC TR 6 co ... . ' .}, '!- : N.- 1.1 t .. ........... .. ............ .. IV,i' an `sr4x ;tr, a''=' :::.-• ,:.• ,,: 1« I1 s 01' il `♦ .' IHEL71371 1 �$7,•1,S'`{j ..::4':,ct•. :?;•,�,s1� 7C7�`i iw 11 ' .....•;..... �� '111i1E1.1E3s1i"•"'"'`-'r'-'-"♦°'+ 3t •• ::•�.. '•(. earaJ � �1 ...'' .........'.'.' .' .... i -qIQiiili�7 •>ts,a•:;��SE3S ;� c: ::�•':viifr 91 . ... . . • It I 'to.L'FaarT3•ranac�rra �Ri �!:k;?:}ti: ;': a1, ' . �Im;�i % * - �xr3,L1rrar.1 ' 3;ils4Jt ? L .. :••:':: V,: .. :µ1��.�91 '••. : :.. �. . : .'mu x r-ial.t �i..1. xr } 'r:J i2�:� i a S' marr3s 1>ezun u'I��i .... ( - "1191134, y° ^ 7"1► 3'a---ncemel 11na.tti r :111.1' ll.3: 'E�3�3nL'➢RISENJ�°.DI! •'.-.-.'..'.. ' Y1 rt.P.' rt�t -"m mil i.7.3:':.r a rr5 ritlii..off .:�1T r31312X>:'J2'L'3i, 99 .....................4 T.IPLINV.i „ ," ; _ t, N x es �15ta MA)10rawd.2 w\omC{S�i, w' lama x�r L .• Asir • . AObah. �.a, \i1711',7, 211111. i f F CI� .�• . F'1 '� Y 1y �* ` Iil.iii\�.7` '15 { ,T�� •rI.I l •' 1 • w' .{.,F.r K A,t c g.b g fir, dt{U11�1►.'.r urn. ec �. aA � `y r'a ems, itixZ \ y.t '�.. ��_ ' , .d 4-.s; S•:fiVV-->`. f• n tk d.R-lc le M!ArY "ft.Ir . - :3= . - • ,u4' .1 Av_ r.'C.4' 4 .1. vurc444 .ch * • w -.� 7L3'�$'1M3 "31 31^� ' 1'sll: XX • : • :13' 1 * !9 + a .. Pr1CT 3T33:3 tit...-: w¢9 .Ji]F.�3 1iTs"1i:Zd`.. A- 44;l�,,{{i :.wp.. C ''a ate. {t x a ;3:q-sca�ra ¢4tvl YE >} r� �.: ._ ,4v ..vrill .ae{• t,, a. tts.;' ox3-a: ' -'c Fkek7cl\ tr9YU • cc 4;". - ..11 I,71R.-a* . -_?+,a wl • .. r .. 1F'. lP � ��p �s fl.r r f,c iJ 9 9.a�4 sent •Y ur v,.ri• >x'' 3'1G a..�F.. ••AY, 1, ..•0' } �' K'V •.r'041 1-C4ZMun . x!: y1•.t�Y e 0+.' ,4 t k-sra•a,zF,;WV rla '''AI *. i.k i4 .- 1 N 4 et k.u 4 l •".. .E •a ill 1, 1ini:t2 +�na�P k .e ca to ays:.tfihr > a 3 qa s • ••>' ,t�/1' 't.• .�i�: 10-401 A'4:f'xat'i* i a 32-4 t• yy..... 1. . c.,.aR.tom • -o •..4 .4 ••'r r ,L' rA...g t3 H 'i, , u' H 37 . "Y•di r,,•t,-'.4 vI�•1 E\�. ... ,kiktt.'>I}J bdi.V.'.`.3S.rw n.. TAtt•.7OC13'V401 D On•a 1�'.11'� ail fla/V �.94'1Cjt3 .1E1•nura@r 7:i '.rigi7$ali `7\�7n"-�e•1©a tarn[71g1�p..7.:3tp,�7R;7L4T.3.. p3 , - 4 - o n 10.v♦ .. 1►• 4 a •- f of id f •>S • t ',Q�]��7.�•. e.Film � 1 r rs -a+ %7 • �'. Y n 41 X•( N.. .. A 3 •1% 'T a. A 74 3 ,61 15� V q• �y ,�`� Rirgri471411444141ffiliT,\ii,i ',1 .:.. ' y � , .3li % � , ..-. A, •.44..w.-aa:' .,. W• ,-no..m-6Y....a...dV.w'L.J6�ib..61.0 4. sP Y7 C l Y �. ., `':{- SI t'iri h-,,I'r4 ' X}t u V. i- •'r•• ,' 7 i .Q \t i�4.J • '. • 3 41. +' 1 *v w a Aloe'a r a+•x, k R•a.Y : -• 47► .9`�7.^11i�3G1.1L3C1.87�ri3t%3s'�Ll'.3E7 i 1 -!��r�y T�xpBxj . srvN�: �i. F•.'� sr !1 [ 1Q • �[ a�i . }j�yFy3 3 3 _. .. 414 •. Y�i w 0 11.w a-+i .'C. c W .. 1 ii.tE3 :• ' �i9 W7 tdL► G:1' ':�Y < a :t �".ii9 ' �` 0�:i y }. . A.a •'7 R Y k a, .a.• :.. •s.0 4 A . P'Mirralla 3ih`rent.,'di tI : 9 1.' r. .e i w:..�__. . ra 'i., a_. i 3: ••••• 4 e � , "m"aeo��p�'1-1�1��Fa^:^�.� C7411C$7�,��9�i�r1�34' At*. .•k.i;..�a h x q,v,R•F x I:,Sf 1 •:` •-- K•C :7 111,11�'cCall.".3.Tnar:w3Ic9►' .98s'3::L"rit3 .4s:3113�i�''.®w'.3yi°FiF111!e.':v.•.`..�'"211,1�C7 Ti• • 4:tr tt R. i f'k*..1* S d ?rt; '. .. •.r Cf'T�7Fr M.M.41t1M2F'4.U:47; .3i.1!; 3rItT tliciEi• 1ii:Jwi :l 7r'.LJ.:s" 7^�$r`"aG"''� "� .441::Lii1�C .-i 44 ' _ef•Y, +Yt{-4.ei•?1,';•r 51. 4:'•cr.,i..r:.9'.-.'.'..• '..'.'Y.133M1 lis.�`'104:112i,3'.1,.E3f 7:'- .3 5•A'•.,.i- LTiit tILIN 3`:l]ems :` " •17:14v41Q1 7 lis' '.'v-" EJ .•rwq. ,f1 .. e,1tYf�T n i�t7 al rtli n =0 3. Lam. •-1V: 'r ,• �Sw.Flb',w h Krrci a a a x,e,r r `e'fi>E1331 >tus"7u".\ .a:3•a !i. jSy3Ra.�f3:.3 .s ,7i df1 . �,._ E�.O.c^ir,.� •.rk:% :�- •nr.S. ::'i'•ar.. .... -V......... ....... ... ..... r�} �:�:..-•\_•; ...r•.....,• ,..} G1.�5"` ST:. v i. .. .ASV Dens ity 11 .. •-I *v c; �. s clential Y v • r '•lam .•. ... ... • x.Y �:•'r.:� .ttt .......... _ vvv C v :J:. •:.- t:, .,C. .... • v vvvv • .$:;.:..;: p x :::: •.••-.•::::::::: ::::::::::..FA 1•-::: *-. .:::;-::::.-,:x.::::::: :::::::::::f;::::::::,:k::::::.:• it..:::::;:fP '•' v -:-1-:-:-1-:-*.-:-1-*-**-..-:-*.--.-*.-:-.-..•.-.--:-7 V 7. V. 7 7 v . . v �Y T4, 7r •1 Yi�: _-1..._'..:_::.ia':.::;•.: r-:I�.''-•:!_S'• Y \• .v 1 �. t:ti:x..;f.x: ._:•.: {,,,,k :a•F:' --••v v 17iv v v v v v v .v' ♦. . C _ v .a bvvvvvv v ,J, _ v v� gg Iv .jui • I- - . v v v \ e- r;n,. : ,:..: ..__:::.c• ustrial :;: �••A4edium••Density ,.,,•^�"a is/}'.:'4:••••: - •-^r:•••;244'!�?: :::'X:•F:•:::: p v i� G v v v v v v a(^t:.•rr: =?6 Residential'r c }r�.::.:.a. _r fr % v p 1.rJ a =:,� �.: :.t: r a�. t. ..'.':1.: :'r7 x V. v v v CY ♦ v Q V. Q v v It >z:. x: :%:. Y.x . V vvvvv v v:{l• r p � Q ppvv ♦ y r.x .,ri»•7.•..rr�:ti:. .:-.• - :.Y_7 V v v v v v v xr. s.. :a,... :a^ ''r?: ;a• vvvvvv v v • vv. v tQ • • • •:•r: b a v C`( v v v v • ♦ v ♦ :t„ t Y • vvvvvv . ,vvv • 3•..:.'.::: , .�:. :x '.j:,...?:...';. '.f. .' •..� v v v v v ' � fi;Y:. .P. .' ..�..._....�:••_... ^I • vvv • v- v v '7...77 V,`Q v V V V V v p ;., t - ; 14k •N 1.2 v v v v v.v v v v v v , v v • vvv ••• : -�M she 33 s •"'"'43 4"'t•r'4Y• eVi...: :i •'•x:; '.r'},"1131 'J < .1-, :. .r �•. � V V V v V V v V V v V v'� v' V v ♦ ♦ r{} i'} : i ;1;�gii_ v v v v v v v :7 v v v v v v v v v v v v v v i, :;}:i: ::?' ,i• kl .' _v v �7 p v •7 v v v v v• v v v v v v v v v r•.::. Q ' = a v J v v vvvv v v v v v v v v v • f • 1 41J _ v V' v v vvv v v v v v v v v v ♦ r ;{ :::�: ':4:•,1 r �y -_ v V v v 7 v v v v v v v v v v s�r•': •AJ�. sp _-_- v v v v v v v v v v v ♦ 1('IS? Y:: :r i:::: • 11.�' . 1, v - - 7 v v �7 v v v v v v v ill'•4 •:vd :••:f `p,7 v 7 - v v V v v vvv i \ : -d. - 65 ctt'nn� :� :r V V == vvv o / - ---i-.-� a CI TY O F--SOUTHLAKE, TEXAS T� ORDINANCE NO. 480-89 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 1 . 17 ACRE TRACT OF LAND OUT OF THE JOHN / A. FREEMAN SURVEY, ABSTRACT NO. 529, TRACT 4A1, AND MORE / FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "0-1" OFFICE-1 SUBJECT TO THE SPECIFIC 3 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. WHER he City of Southlake, Texas is e - rule City acting under its -art-e�--depte-d— y t e 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- 480.89/ORD 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 1 . 17 acre tract of land out of the John A. Freeman Survey, Abstract No. 529, Tract 4A1, and more ' fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "0-1" Office-1 . Section 2 . That the City Manager is hereby directed to 480.89/ORD /�. _1 I'age 2 LI II • 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 . 480.89/ORD gg -i - 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: 06-6 480.89/ORD Page 4 EXHIBIT "A" Metes and bounds Description follows : EGGINNING at a steel pin in the west line of County Road No. 3114 (Kimball Road) at the Southeast corner of a 2.19 acre tract described in a deed recorded in Volure 4212, Page 141, Deed Records of Tarrant County, Texas, said beginning point being the North east corner of said one (1) acre tract;. TI ,IC.. South along the West line of Kimball Road, passing at 115.39 feet the Southeast corner of said one (1) acre tract, same being the Northeast corner of said 0. 17 acre tract and continuing on said course a total distance of 135. 39 feet to a steel pin at the Southeast corner of said 0.17 acre tract; TI-ENCE South 88° 35 ' west, 377. 5 feet to a steel pin at the Southwest corner- of said 0.17 acre tract; TI-aNCr North, oassinc at 20.0 feet the Northwest corner of said 0.17 acre tract, sere being the South. est corner of said one (1) acre tract and continuing or. said • course a total distance of 135. 39 feet to the Nort .'est corner of said one (1 ) acre tract; TI-BCE North 88' 35 ' East, 377. 5 feet to the PLACE OF r.;I 4TNG and containing in all 1. 17 acre cf land. • • 480.89/ORD Page 5 n - RC City of South lake,Texas MEMORANDUM September 1, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-58, Preliminary Plat/Reutlinger Addition Attached is a letter from Derryl Perry of Washington and Associates on behalf of his client Dr. Reutlinger requesting that the Preliminary Plat of the Reutlinger Addition be tabled until Council's September 21, 1993 meeting. KPG/gj VEI WASHINGTON & ASSOCIATES, INC M SGR VAlr ENGINEERS • PLANNERS S EP 1 1993 OFFICE OF CITY SECRETARY/, , August 31, 1993 City Council City of Southlake 667 N. Carroll Southlake, Texas 76092 Reference: Reutlinger Addition Lots 1 and 2, Block 1 - Southlake, Texas Preliminary Plat 001-913 W&A No. 165-001 We hereby request the Preliminary Plat for the referenced addition be tabled at the September 7,1993 meeting to the September 21, 1993 meeting in accordance with our client's instructions. Please contact our office if you have any questions. Sincerely, WASHINGTON &Assoc TES, INC. Derryl . Perry, P. :cc\WLTR\083193-1.DLP xc: Carmen Blankenship Dr. Richard Reutlinger g B-� - 500 GRAPEVINE HWY. • SUITE 375 • HURST, TEXAS 76054 • 817/485-0707 • METRO 817/498-3077 • FAX 817/485-4106 - City of Southlake,Texas MEMORANDUM August 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-59 Concept Plan, Lot 1, Block 1, Farrar Addition REQUESTED ACTION: Concept Plan approval for Lot 1, Block 1, Farrar Addition for an office building on 1.16 acres situated in the Thomas Mahan Survey, Abstract No. 1049. LOCATION: North side of F.M. 1709 (1700-block of E. Southlake Blvd. ) OWNER/APPLICANT: Billie Farrar CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use BACKGROUND INFO: The applicant proposes a 4,438 sq.ft. , single-story office building. NO. NOTICES SENT: Five (5) RESPONSES: One in favor: * Dan Matise, 2191 E. Southlake Blvd. P & Z ACTION: August 19, 1993; Approved (6-0) subject to the Plan Review Summary dated August 13, 1993 . STAFF COMMENTS: The applicant has met the first Plan Review Summary dated August 13, 1993 with the exception of those items addressed in the second Plan Review Summary dated September 3, 1993. KPG/gj C:\WPF\MEMO\CASES\ZA93-59.CP gc-1 Tr. ' xor A J� J x,c+ U• le(/' , Ire"� xK x,u �x ` m A ,.:-. ..•,., •• . \ • F. YF ®®P /La i--1:1��■■ iRFI■ a % " J;' III k klibf pm Elm. • • • • . i i C'';1 — 3AX3 •0 -. ma 4 atiliONI= • Nat .,-%/.7- 2 giRior ri •OE Ns .‘.',27 // )RNSON ' 4 r x,a x'w r'1��1,,,� ��S .1.1 �I� S[1�(TAA •i• x'x xxn Mr 11111� ��+�' I I r .mew. 3AIA! MIA 3A13 trIMEZgairellIt*.(P.S 0114! . i/e,...t r• __ gi.s'M ''' iild tiliiiifill‘lik VA f,p,, # iiiip �Ou sre p..' II b =� n c iA n r i : 'Q1IIOIU\'.0* milII'#%, U1// .r mrn. G11111U1�wig■1�wi�� `_�- - — ' I. �3�. ��IIIIIIIOIIIIIII sCEooL . �� art azi e iv, . ...1I1111111ID., r,;Mal .� �.,_.I ► ILL •O.4"':uMuil .1 OE ill r th.gh ch•�l1i\1111:n tiumilm -- soannund RICH HD EAD o rg Milt . ,: ©12.1 p 11►tsiI \\1 � AMp.III �111111 �.;6., 149 Iii El CZ 22 till �© Pl*,,A011. � �.imam m wi ti „v., qb®u�a3 id:- bA a ai11IN/rs a h .A Mt Will ' "eee©PIE : - .�■! ! N !1 • w . M IMM �� 'jIIIIIk ili ve. ialitl .�• I rr,' ,u Tyr© � 4171- NI �� r ICJ mi.3 E&3 1 ER H— NORTH - ' ,ot(','EST PKWY atkaruz. s , V III XI. an C II iiii .6., nil 1 otiE --w : s,' FA!..;_0111111111bit: .. Nhik..,..,. ..--.. .44.%.‘zi c. . gm imisii .._op ...,_, ,:„.. ......... . .. , 1 --__ V.�.'v.)—__ rum _�aarna,u aw. i :.� ,(iraf7 J►aI�i�.i IIV Goo�,/,{ _ , �, ,ts rv'►1" r A_____,E : .•: � , y milk _ u r.- 0-04 66 4 677 ..., 13 I's. �n',,� I PNr-igllwtR' , 11+• o', T 1[ II ; 1 I goIMMI I HoNIA'; Lieu 1 JO1nM d.yFR'+Ini r ' `*UM S :��,7■ Ise /4 ----4-1_.._1 _____._i_____ ;. .1 1 all Millaill• ! 1___ .Ar .1 : PSto• Emi.. w ' J.W. HALE ; �;'i -- ' RIP'► • 11AnC�'Ate' MI r i lamp.CT. 1 .. W I AIA IA m X,' ,1 _ i rA,i TRACT �a Ir ,,„... r .•;j�` I I I •'1`\ '�-//'M O • _.31 sc��, • �C41 m1,.d'.L aw __—__ _-�.�� ♦FnY q] ; .i41A�� „I 1 q AM IA .. >n 'A .. ,M �� ICJ�rJv- w r f • MW u t II ©� - r/7 C/ 1 IA I ,nA MRISYRSIQRPM Rl16' KICI[a %l .o C.: -.‘... .'sji'*".'''..'\ 0 O - 2 :Q TR 3A1 2 CC 3 lL ES A 9.24 1 2 m �� 2 I Q WEA A TF of �� L 1 8 i \ TR 5B2 Y �NO 3A69 1 1 BREW?R "B-1" "C-2" "C-2" I 820 I A B TR 5 • A A 1.6 AC TR 5A TR 581 2.407 AC 1.881 AC 1'IS MYP"C-3" I hS4 . �` 31 ls TR \ BA .3B AC I TR 3C .808 AC TR 38 /Z1J NORTHWES p• x.v ' ES . C. WILLIAMS • 181 • - I am-/ / I TR 384 1( i .551 AC .'IR 2A1''' I ---------- TR 38 1.48 AC IN TR 6 I s 6$.256 @ ��C_3u ` , I �" TX. COTWICh 1 S& ct Qx K!Ma22(,o5 . o . 7 1 0 4 (1..) I r 1_ 441 . I co £I I 0,1. - - I oQ ' I J I 9�g� Y q".767 C co R 3 11/ ,,� , TR 31 — / N .62 1-i ////��\\ l'II �/�jjJ�/) T. MAHANRY@ (/ U o U ® W [/ .9181Q �jjOQ� 3)3AC T623 TR 2A � / .BB4 @ A-1 0 49 53.497 AtA-481 IN 7F di II 1 _ _ ST. TX. — — — SOHTHEAKC BLVD. r— — — — I .11434F 1@ 11: R4 737 B2 C •T_OF-•1C 144 2.-- . S . .DE_ — 'Zr 'F TV . •• —_W.ti1.i.J• .r ,1m, ST OF TX. SA1l 25C 81 TR I2C1 TR 20 .. / TR.1B2A1 - �-•c TA 33 2A " .047 @ .SOS@ .074 @ TR ail .091 @ �•l~ /' .011 S • 1.522 AC •. MIRO C-2" .041 @ A G • WOODLAND FIRST NATL BNK 11AG�� 164 @ fR.382A Lr�✓ I 116A SaGRP. GRAPEVINE HOWELL M. FRANK "AG" DA'LAS FdAM O��N ARK I 1 — •276P m ' 11 1. TR 2C TR 2 R. ZEMBROD 7 D. BOTIK S - 0-1" C—�258 "B1" US ' TR 2C 3.459 2.726 AC D. MATISE B ,66 AC 2.07 @ AC TR 1828 .-.' 2A (� ,56°5 -- \ - "B1" 3A �960 1 TR 2B I U TR 2B .849 AC _.1 7 A _. rut torn nn r I'r *AD JACENT OWNERS & ZONING City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 93-59 REVIEW NO: TWO DATE OF REVIEW: 9/3/93 PROJECT NAME : Concept Plan for Building Permit for An Office Center, 1 . 16 Acres, being proposed as Lot 1, Block 1, Farrar Addition OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Billie Farrar J. E. Levitt Engineers, Inc . 600 W. Park Row 726 Commerce Street, Suite 104 Arlington, Texas 76010 Southlake, Texas 76092 PHONE: (817) 277-4411 PHONE: (817) 488-3313 FAX: FAX: (817) 488-3315 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 8/30/93 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 . Revise the bufferyard table as follows . No existing tree credits are allowed in the South bufferyard unless trees exist within the bufferyard. REQUIRED BUFFERYARDS Canopy Accent Required Provided Trees Trees Shrubs North-225' 5' -A 5' -A 2 5 18 East-225' 5' -A 5' -A 2 5 18 South-165' ICY -Et 10' -E 2 3 13 West-225' 5 ' -A 5' -A 0# 0# 18 t Requires 3 ' tall berm or hedge of shrubs over 75% of frontage . Required plantings reduced due to credit given for existing trees . 2 . The South boundary bearing should match the legal description. * The Fire Marshal' s review indicated that upon submittal of the development site plan the 12 ' drive on the west side of the building should be changed to a 24' fire lane and the radii on the entry drive should be increased to 25' . * Although parking appears adequate as shown, the final parking requirement will be determined upon submittal of the development site plan based on a summary of square footage by use . * 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 . City of Southlake,Texas * Preliminary review of the interior landscaping requirement for this site indicates the following breakdown of plantings : Canopy Accent Ground Trees Trees Shrubs Cover Area req' d = 2 , 219 s . f . * 4 7 37 222 s . f. * Of this total, 290 s . f. must be in the parking area. * Although not required by ordinance, staff would appreciate placing "Case No. 93-59" in the lower right corner for ease of reference. * All signs and culverts must be permitted separately. * Denotes Informational Comment cc : Billie Farrar J E L Engineers, Inc. ...nu couurnur cum .14 nMI/MODC ai 1 L ..I1�o Om ' 1F ' 1 V.vft-f1M..a.IR 22.=at al r•an ww rntots out �.--4�--�_— --- ,_I44 c ) I WC II i I in p I SS I 1 II IA.—) I=II I j• 1 1111 E p i 0 1.- n..... ,1-44- ttl I @ . a g q 1 1 i ' ® — I 1 1.--I 1i 1 \ 1 1 II I I I — 51 I till. 1 I. 1 1 l r— _ I I I. — ' -�-------1 zirac�------------� 1 _ 1' _ __ \ RY 1 414 Iiitlil r .� III j t I . ii kt Itia III 1 71 i _ ;1 @ !., ihc:21,--- II lij ....' 7 I6 ..way..... y. ., Ion../I i 71 I y■ ' I /moronic° orszon la Dara •w�i. Tr.r. i ao. .. 9 ' Fl F' F3 1 LOT i. nc.00ac . ©', 1 C FA3U A lA ADDrrzOH ! �' • _ wavw�o,n.a.wr..aw.r.�.w '.1's'• OM..ar .i•�• City of South lake,Texas MEMORANDUM August 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-60 Preliminary Plat, Farrar Addition REQUESTED ACTION: Preliminary Plat approval of Lots 1 & 2, Block 1, Farrar Addition, being 67.985 acres situated in the Thomas Mahan Survey, Abstract No. 1049, Tract 6 LOCATION: North of F.M. 1709, South of Hwy. 114 and West of Short Ave. OWNER/APPLICANT: Billie Farrar CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Sixteen (16) RESPONSES: None P & Z ACTION: August 19, 1993; Approved (6-0) subject to the Plat Review Summary dated August 13, 1993 . STAFF COMMENTS: The applicant has met the first Plat Review Summary dated August 13, 1993 with the exception of the those items addressed in the second Plat Review Summary dated September 3, 1993 . KPG/gj C:\WPF\MEMO\CASES\ZA93-60.PP SD-I ,1• i •; I xa -xlq / -' " * � ri.rrr - 1.1-n_ti_l_I L_ `- ' j " V lt, ,/ i-,;:.,;/--- \ • - _ aye ll - m -p, I • - . • __ ,..s , , (( - I• _ i.xrot , 7s" �ACKD. '1 '_,r w xw / A--- , 1MINSmn` :UHL Alb j rENTAR , xl«, .imi400 s—st t-0,00,..-,%., \\,,, . ,0: 1,-,e, , ______ \ \..1 . .. ., cf'RR le ,I,,, 1 '►�1/111111111►\:►i::\fi1:11\\• liMIT — I I ii rr" I ' Lii-1 • Aik ii:iiii. 161E6 '47,4.„1,11,11Prn la N'WINE ..,......,,,,, m' Iml SPE Idl; lk ...t .4.411:111 11 • q RISK-,RD EA®5 ®�� ,r{ �i l��:U1 'lluunu .;rrl I I ©©� cleat' m,:: n igsst\/111111 'rZiall � • 40.01 U� .u1► •1.11111111r e :11::::::::::: 3 do a®uA� Gfi, FIAM F ©��©�� I��wandimi sy � i 6I ��>eeS IA . 1 '.c. '3 NIIIrl 11'"'"71t14.414.14p 1 ... o, lin W.1 MB .a-N. -. -•,. rallinill1111411111111111111111 v.•• - HALL u 1 .-i•Airt— .. ,fr .,rtle4.3.111HIHE MEIN Elearieriera , .., ifZi z. tallg*km= lir tit 5 ..EA5 1 ER '' E NORTHWEST PKWY mil Lin 1......„, ., . x , . . • .By ._ imiugl,_! ..!.111. 11mustal _,..,.. ....?...., r. 11 k� n�v..y ne., ux� i.. nitii�-Tzj '.m Norm o WOJ.. 1 x a GO�`n' �,3. , �r1111� Ate'.►. i ,• 9BIo u rr++1 fie.; jpii Iwo *It .11RIV 7 1111b......, , 1 i)olt% r ,:,� = p u, ue i ►�� DA l ,. ,3 n 1 � P� J© A. FL E EIN. t I .f`•A A Ma `�•S . . ■. ;Mt Zu ID ,.. , x■:. ,■ l� ,.. y�lff HgiLL �1!Ifo� r 1 ,— ---� a N© ! de:® 01 i'i1 ' it IN IU I IloS,l 1?(P IW • .. —1 II �VIS „ y ' I w x I �i� ' r ,...- < < �o � .0 d Oa 3, _ICI i,\ -0��+ P 0 TRACT LOCATION ; øH_-•. MAP ., I '" tot mrw«f.. MVO I w L__-+--- I -- _ I i _/��i. D�deb®G`JALD I � �' 4 olY'•' ,ram / �. x ai ', lea .... 7 I 'I — I� I � vas 5kk -.- :., f<, — I " `l 1\ I a,I -� w ~ r� x t ��'7"I WAD84�1S®GJ DECKER •' r .;_� , cC k11-" I 1 2 2 EAEWEA 1p� a 1 14 A 1 4 5B2 1 1 TNOU sq6g ®BREW]R "B-1" "C-2" "C-2" 1 • B I TR seza 1.6 AC A A — II TR*A TR 5B1 IIF 1.881 AC sic v T ,/�\ "C-3" R 6A .3B AC I \ TR 3C .BOB AC Prell:1011r. =R ?3) ,Z f • E /I/ORTN G,/ES i • PKIJ y E5 . C. WILLIAMS BEY • 1 • - ' TR 384 18 / .551 AC •1A 2A1r. • • TR 38 C-3" 1.48 AC IN TR 6 �. 6 S. -6 % G_3. TX. CONfilLCP QV 1. a K1 Ma 0 S 2 • A. 2 10 A 4 o� • 1 �. d 1 I £ I v Qh UJ 1 1.918Q x 4.767 @ •2° R -• TR 3 383A• • .B2 � 2 1 TR TR a R. EADES • 6 �` aPf L�' ( � T MA AN I .919 @ °P� UR I .256 1 TR •C /A . o _ 111 t / SU"•EY gZ .373T 62 TR O2AS :T 1 .::a @ 1B 7A7 493 p TR3F1 TR 3B2 ST. OF4TX. -- — — — — — — SCIUTHl=AKE HUO.— — - — — — — — — — — �`.144 @ 1.477 AC C ST OF TX. •T_t1FslE•.1a9 @ -- SAS/ ST...O SCTX/T._- IST TA 2D.,. �'__' . -•a AIM/ enr.R��ir TR 2C1 / / TR.182A1 /`•� 1p 2A .047 @ .105@ .074 @ TR 281 .091 @ 1 Oslo MIRO "C-2" .041�@ / p, E T,6p 1.522 AC SAC.. .164 @ IR.102A r WOODLAND FIRST NATL BNK DALLAS FOAM ��T N� AK 27C@ rps ;`� SAGRP. GRAPEVINE lOWELL M. FRANK "AG" •' -7 c P — c_� QUT T R. ZEMBROD G D. BOTIK SOU r J "0-1" "C_7250 . TR 2C TR 2 "gl" D. MATISE BUJ TR 2C 1.459 05 • -- 2.07 @ AC 2.726 AC TR SB2B —� 3A �"� 2A �g6�g .66 AC TR 28 I • 1Fj0 SUB '` ., - B1- Ba9 AC O �. a 7R 28 CHURCH OF I"( 14.5e6 AC CHRIST OUR /'� I 25A M1 /Al 1.U15 AC KING AD JACENT OWNERS •& ZONING City of Southlake, Texas PLAT REVIEW SUMMARY CASE NO: ZA 93-60 REVIEW NO:_ TWO DATE OF REVIEW: 9/03/93 PROJECT NAME : Preliminary Plat - Lots 1 & 2 , Block 1, Farrar Addition OWNER/APPLICANT: ENGINEER/SURVEYOR: Billie N. Farrar Casstevens Surveying, Inc. 600 W. Park Row 3600 W. Pioneer Parkway Arlington, Texas 76010 Arlington, Texas 76013 PHONE: (817) 277-4411 PHONE: (817) 336-5773 FAX: (817) 548-9032 FAX: (817) 860-1456 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/26/93 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED .BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1. The title of the plat should contain gross acreage (68 . 192 acres . ) 2 . The following changes should be made with regard to the legal description: A. The call of the curve along the south R.O.W. line of S .H. 114 should be amended to read "...having a central angle of 12°33 '..." B. The central angle of the call for the curve along the north R.O.W. line of E. Southlake Blvd. should be 7°57' 22" . • cc : Billie N. Farrar • Casstevens- Surveying, Inc . File:C:\WPF\REV\93-60.PP ��''T 0 • . I . . ' . l• I ! • . . • . .. . • . 1 42.0 o . ; • ' 4 ) / i'l: ,r7 Jew Plo.V. • . . . ,,S.... ...,?.....7., .A.0.1'...01.1•Pt 009( • I ..pp R,..1.R 000 3 . ' .. .7.7E'//' ....1.m.11118 •'of.0.1.1‘....5 susiet...3 . . WIN.0 . . • •• Of , • i , . r 1fIC.Of . . ........,..,..,.....n.. • 1 ,. . . ' Prti.o4 ooff..1.1O.Og lllll ‘‘O./f,,i'vt•,. •_ I. . •40,1,4,4•34.441 i • . • 40;,a41,4,c•Jeoun Ao ow Ac,tat.1....na,..i,•,.......sea,1,,o., pus'ponold*43 u.0•01..11...d....11.41 • . I 't. orrno jo r‘u,rd our.1,4.0 0,Duy...a.m.fp,,,•fr41 pu. 1721'62,:g Y'S',Vi'll;3:;1Z...1 71"0:71114'30;!,7: 4: • -"oalalsid.p.'so.......3.0 illle.,1.4,A,,,,,f p,..,.,o, 1 1 11,31311013 5.00P3P4o5 , . 11 . l " ,/",-''' • /,''!•2-49•'''f'.3,,% 4',41/ fr.,..=.-2- I i, ‘. . kl R •.,rge_l•O'/•••,,".4.,•-1.,fowl,".4..•••••57 '4 ' . k ' /117/1/677, .7.9.7J61 • . , A • !7,07g`7/!...C.Z07 . . . , . . ...”....V.." .4-7!...i.i.....y...f., ,.... . ' . • . ..: ' . • . i - . • 1 : . • . •' r .' . • . • . . Ii , . • r• . , . "4"4"...r/r, •,..-,,'•••.•••••• • . • . i . ----,..__ ...I...4., • 1 : • • . . •••. . • ,_•••,,,,,...,, r, . ,,, ,nror 1 . •...0.4...V It.0.1,1 it Dsloaot Do1.4 lune. . '; . 1;!el'I'D.::TtliVil'0.1'1111j:f!:::;f11.00! • • . . . ' . . • 0 01 1..1 WAIT.16,I'.':,01.1.. ..Si • . . . I I Y CX) • 10.1.2,01.1 Jo o . I,f 04...41-Do, o o,f.sJ,J.,g,'le!!ILIIS 14 0,110.1 . .. . • . . . 'm ' *.:ITO'1311':!11.61'1:!na i'le gii.41‘if,l; ' . . . • 1 "" I 1 /•.°' 1 /A7 I /,‘. 9, VI' Pe, \ ? IINt 0,//14 • MV1001101 oil.U11 0/0 41sou Of..WITS Al,,,,,,m00041 . N. i ' :wed --1 tt I I I ti 1.. In 1 , ...•;)1,••.4 • I ' -.?1',01..ir r t"rf:et) 1..7110p.pl..Jo...Ica A1.41 54100 .- • . • 1.1.d Of..',ATP.401Uloot R/0 41,00 041 41 00,0,01 POI 10010 , ., i I 4::;111:rt: i t 1 i )t II:II 4'_,itilffil Ill f l'o':;, f It 1 w'',;, ;,,:;.';'.1,,!ii.ifg,'1,11A,`i71,,,tg‘;‘,:gAlg.:,:;.108:711.1'::0:41 ,- • I . . 4 ' . • , ......, ,./p1 1,1 1 ,k I ‘,1 , '4 . . , . •• . '- ' ' I..,siol'e/1'" . • 1 1 s4;•., I 't ! , ! ill ,,• i.: #01 . 1,,,,,,iitt•DITS.0.4.a 41 olloiDo01.1000 • . I . t 4%. • .1 0.1.1o,P11 110111001 601T,1T10M11 lo!ouzo/am 041 04, . ' I I , ,. I 1 1 Ni ' {4 44.1/0 1111.'73 lari 7.5'''' 1 q 11 0 . ..4 mad pr.. Des,..,I 0 al 1•.,it•{91'3.00.61.01S , I ....., ,re, fe.71 t . . • . . ...-1..-... • . . 10.,fto 0110.0 pu..041.iuomok" • ' -J_- L___L._t._ _I___1.____t__J_ iL____J*.1._ L_ILt ti L P OcY. , .......-. ,-Ir-s,---= -....s.,....0,1 1.01 15176111.1..1.C..C't,.IMP? • . ' • rocre•77,0 •••04 70 7,1"7.4,..e/.=7 2 1 ';'::'.:11.3".",a'ail'i,ii'g:gii 1 • • . . ... ..........-----i"-- _ _ 4. ../7,,,/, M.410.1KAIO.... _ .- (0-...-----•' -- luy.of/pJ 041 Rill Uloo.01.0 411.A,,!,,,,...041 . - -- =.-- "•" \ . . i • / 5''' .,,, I • r ',II 1..gelli.1.1s P/V 112n.eqf of p. , I •ot orol(VIKA)3.44.11.44x.44441 . ' POI 1.01.11 I - X.13!•1;1 \N.,....-,•,11,;,.7. 11 It.II ...?, • /,., ••• ,)% ,Orre,..,' '..i. ,''' 111:!!;',11: ov•Irl OUT!1.00 0.4Pp,pp.@ 0.1.11•0011.011 0...14 I ' i'l 57;11'14 -,Ze-r-pd•la 14'g . 110.,ng p es Jo,ausoo Rf..qf lioll 4.44,C1.44 1 4)ii.Iut44 . , 14 1:1)3!4.4'1;74)P. 14t;ool'iTIO!'.;'ll:!!, !i*:•411)2; I .. .. l . ... . . . . V .. • . ' ‘'''\'4' • or:,O \"1. ,„:,..;.::::;,40:1,0 1,\., 01443 1R3.1.30131•14.4.100.1 0.11.Py03 131.1 1 JO I.PI0.2.:„•101, ‘• • • • I II', (k: .f.ufftps,......4,ou.,2.11 PI..lo,..,.,Of.41:1.dol4416011 •!,,1 ro: ‘, r ;-• ).'.) • ,--.2 , / 8. ,,,g,n,,,I.d 01OP 04)64 13/04 PIC.1:gl ;!,1 , . . ; ).,2 ,,,,,,,,,.„.„ f \,1 ,04.!/,...'r'' 90 .• / ‘4 i 1-'7 of PPIIJOPOI PY1.......11.11111 ol 0.01,AO D . .. h , , •••••••,,,.,••• C , N . 01.......1•t1PIIOP IP..... .0•1•11o0S la A113..11.1 I 1 e 1 . .1. Jo i '0'.1.', ll,'0.1.71, '. ,,,'... l . ,,.. : ..t.4,0t.0V..Iof.04.4 liltJo o.Il 0 0.10R . , .R311.1143.1),1 IN.P1.1 .,v,.../.,77,,..,.,.. ' . , "to,I. it..V.y:•7w1.171:4)•.\ !,q li . •.feo ! .4't . -. `, 441447,•7 ("Y",-) . 2••••••• PiN.111.1.'' ' ' .1 • ... ,i! t..._77-..cs.7... 7'.-a- . • 7 \ •epr 4.,,,,,,s, ..!. 1'.....- i 47•74.4 4•44.,,C.,..,......0._ ... " o , . , --•,[27.7.414 .z: . .''''''"... -- . . . ...--_..,:____-,_ -.•..., X.4/ 1 k ../..•=/....44..11.• •. t II------------. ..---.----,..4,2, / 4 ,. ---------- 7-J, ' 11" k .....__,r4me . • • i' 1 •-•.- ------------.._ ---/ ' .. I . • •, • • . ',..... . • .. , • . . . . . • 1 , • . . • . . • . . . . . .- . . . . • . . I . ••,, 4 . • __..._.......-. . . • . City of Southiake,Texas MEMORANDUM August 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-61 Specific Use Permit / Equestrian Uses REQUESTED ACTION: Specific Use Permit for Equestrian Uses for 2 .545 acres being added to the existing 22.35 acres previously approved for a equestrian center per Resolution 92-53, making a total of 24.895 acres legally described as Lot 1, Block 1, Stonegate Manor Estate LOCATION: 2930 Ridgecrest Drive OWNER/APPLICANT: Jerry and Marilyn Gilbert LAND USE CATEGORY: Low Density Residential BACKGROUND INFO. : November 3, 1993; City Council approved (7-0) Resolution 92-53 granting a specific use permit for equestrian uses for 22 .27 acres located on the west side of Ridgecrest Drive, South of the Kidwell Addition. This request adds the 2.545 acres (Tracts 3B1, 3B1B, and 3B1C) located West of the original approval to the permit for equestrian uses NO. NOTICES SENT: Twenty-two RESPONSES: One in favor: * W.D. Kizer, 3025 Briar Lane P & Z ACTION: August 19, 1993; Approved (6-0) subject to the Plan Review Summary dated August 13, 1993 . STAFF COMMENTS: The applicant has met the first Plan Review Summary dated August 13, 1993 with the exception to those items addressed in the second Plan Review Summary dated September 3, 1993 . KPG/gj • C:\WPF\MEMO\CASES\ZA93-61.SUP SE'-I 1 A f UV I `.Lam ♦ /%/,, Warn / 1).;4 OK '... liPilL ' 014 .. / .'240;11111117111 , .•••........."".". n., \ ----'- - s s fer.,.,* n- 1. .0 i....r.,„, , .. ,,,,,,,,,..,, ___,01,-,,,,_:_._. _,.,. ,,,,c ..., ..... . I w� _____-\ I a. ,�1 �,P I Il..liss ,.."l.alt;Z.'..,,, r\ :)eS.- 4',#..,,„/.././ 1111I r !/ iiit1L1 ,I ----- ---1\ • FRICE. _ /% ` ---- . •:•-•:://41V\///://• '•-.0".,„ , j.,71-7/1,7,7,-.•',.•,5,:.L,L - ► _ .. p1N1C �1nit iMat �i • Xe e14r, C ,$ 11►,1111 _.t {I . Vsp 41 Will 1111 ` ' y ' ° tr1111/ ll oAtQ Jo_®l�1l� I 1 _ sr -y=,,0 ` . a /11iW�*� , f pi11►11► tl' TARRAT ' . _ - . 110111Ui . 44 VI i 0•1j�`- 1 , •1�/R �� Mal WOO rik lelt 9� .A ,. O\ , . I I it!a lAell e rtilT;VI 1 .., • ,_- on 1.ilm.... L.,0).„als ilowst ■._�,� .- 3 )*t!#L41I, , •Iteihi v----' - ww-, / 0** ,MB"1 is ..--ti ' vivirriess 1,1 _, . -- 411111111\IPAPOT•tAlr 1,••*;2109 V11111111.1 . . . .„ ._ . '. .n .. ...0 . , r „ .• ,...40..., / :14 1. 310 1.01:50.. out -1011, , 1111.1.---'111Wil soma.�: � es *-; . \ -Illh,, "11111r -44 .ci,,,;' IIIMI wit rif.46.710 ....issoirowem" rark, ,E04, 3,,,,,,. 1:01,1„,,..; . Ti.Liiiii•in ,,.., Um AS____\ , f 11111111011 .,"‘"" -I : , \ mill \wort mil WI 111110M V ____ - ill 11Wil mil or---., '4. • „, iii ii, o .©a a .u. � s.ailIA � ,,.: _ , . ,, ...ill:0.7-0e Jr gir g 1gpcl tO , _.wtriArw .err , I lL6k"Virla :,,. li J. va u ,u Y ��1111011 I,T A!t�At 0@ p:�plil�lg� — w �r IR IA 6 AC f2 \,, / f Air . ' 0 4 214 V____ W cOR ,1 2 \ J 1- 16 2 r TR .0 CC 11 J 6 I 6 4 P \\\, \\\_/"" 11 AC ;II 7 �7 m 39p11 9oa PA O PRICY 0 10 It 1 3s a B (� RSA Z, 1.°B Ac gap.S.LN' 1 j o O . 171 ll , �C y000 0 11 PRICE 3 TR 2A2 TR 2A1 A 1 `4,1k to SUR 20 • lm I Kidwell, S.G. oq 12 �. A-1 Kaise , Wm. �n3Al "SF-1 �-'\� Kidwell, S. L� �'- f�WELt- \ L Massey, William Earl I°W� 1. KI �'� .` TR 3F K I A Morris, D. Y' 5 P 1 �A 2 I 34110511 3.501 P 11.896 P 3.0 o I .1za"' Scarmardo, Jo Ann Fryer"AG" 4 I 2.398 P1, I 1' 9,599 P "SF-1" TR ze TA ze1 TR 2c1 ' — "SF-1" • 1 "SF 1" I I I "SF-1" 21.6 AC 9.B AC 16.2 AC yl, Massey, William Earl I I: • rl I a \ F TA 3 zF7 N Mitchell, T. "AG" ny 19.77 P 'to 1.12 AC ¢ 12R-2 (�. W 2.390 P • B "AG" a 3BSB o ._2: �c� 6Ac • • ��— ¢ .ISF_1 � TR 30 • 1 8.2 C 1 TR 3B 87 C McPherson, R. 7R 2F8 12A-3 1. ;? C 8.1 C 2.398 P Sorg, Kenneth D. 381 • CCRER,. 3EA Alk 1 12C — \ 6,95 AC INelson, D. : 1 1 Erikson, Scott R. — \ "AG" 3 Conway, Lee F. I I 2. Sc C McPherson, .James 1 1 z.s6 AC 19 "AG"� I 1 "AG" \ •iemenscheider, J.! W. .B Conway, S. Fletcher, N.P. AG I TR ICIM Eagd ,Walt TA IC Sparks ,A �� 1 1 oe AC I �,_ IA p� .18 IC x.AG G A \ TA 3A3A SWEET ST U 1 "AG" _,�� 1 1 1'99 AC Thacke;, K. Sparks \ o t,,ERS I I TO ICI ,1411 7B ,^7, 7A I a,�A CNj `� I I 5 Bz AC "AG" 6 5 �' SUP350 I I VARNELL,L J TR IC1F 2. I TR 301 A� I 1 C.---) / 2.53 AC •1 AC „AG„ Compxojn, Eugene ( 1 1 / "AG" I I TA ICIElA1 TR 1G 1.60 AC TR ICICIA ADJACENT OWNERS & ZONING City of Southlake, Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 93-61 REVIEW NO: TWO DATE OF REVIEW: 9/3/93 PROJECT NAME : Concept Plan of a S .U. P. for Equestrian Use, adding 2 . 545 acres to existing 22 . 35 acres previously approved for equestrian center per Resolution 92-53 . Lot 1 , Block 1, Stonegate Manor Estate OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Jerry & Marilyn Gilbert Thomas L. Thompson, R. P.L. S . 2930 Ridgecrest Drive 1400 W. Euless Blvd. , Suite 102 Southlake, Texas 76092 Euless, Texas 76040 PHONE : (817) 329-4123 PHONE: (817) 267-9269 FAX: FAX: (817) 571-7959 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 8/30/93 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 that the applicant has met all the requirements of our previous reviews . • cc: Jerry & Marilyn Gilbert Thomas L. Thompson, R.P.L. S . - 1 I • 1 'M •m.=Min 11. inl N0 S Veinft la II len nZiannr. I 'Cann . ........... ,.... . ...,....- Ea"':.7:.:•:.:.i.:..........z.:....;.;:r77:..-..&I;::.:...::2-y;s1;..,...:= Len -----.--------- —.............. ............................-......... .• .---- -- ir...•...... ...••••••••• N . t 1 ------------- .....• ,.. ::::-:7.:::-.7.:. -..•••• he .... j .... /141,S •---- • 0 ..... I ....-..... .•....,......... „............... .........-....._— .-_.......,...........-.._--._ . / ------- ....•.'"-...-----;------ ; .1. =7..........:..:....L 11A ISI 1 ,,.. n• . a =.:::•:.-,.:::•.•::.-;•.:-..•.:-..-.•:;_-::"---• h I 1 I " : 1 _ p. • (.1) . .73.41. 0 i 1..."17r 111111111111/4% 4.".3"3''xr CAI ...53%.... rig ! R .......• N MN...• '4.• .— --- —. . 111HI .yip.a.. P.0.5. kW • 1••• ••1 I.a WY..• e.V.Nrniaen*4 LAN. ..... N.11.21.II.•cur . Man ....%,...-........ ...., . ......„. -..... , 0.En Mort a...tam moon" 2E30 1.....P.f... t1 •=2 trit."'a21.611.11 WNW No 0..y.111 me re... CITY COUNCIL ..7-..•- SOUTHLAKE. TEXAS • . --4 CONCIPT PLAN PON 8..U.P. NIMUICET WM.,MIS 4 -:-- - mock 1 STONICOME MANOR En= AN 2012TEE1 TO 7142 CRY or ECUT02.3.01.Wawa,Of2301t.111:040 0. ri WM. \ 3a r.ice KM A MAME ICI TACT.roc.D.MKS 01.~ -12•77 Ewan PLANNING AND ZONING r-r.••••••••fra SOUTHLAKE. TEXAS .1 rd.•12 EE.ft. Era 1.WOW I-Tom: 2 11.22.2.Ed Arnow.woo ra:k.=E==....'0".•.....'......_...E E r"n.m.E r r I•A cE231.43 =.0 .Z.2..............E.P. •••••Er 2.E2E 0 71,..t.SI,..211gt•`,0 PI 11.2.... ii. witE70.8.--.Ir..=W..... •e•„) -. •• • . .re Ao)vt• 7`.In% 0 .1 -. . RESOLUTION NO. 93-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR EQUESTRIAN USES FOR THE LOCATION DESCRIBED AS 2 . 545 ACRES BEING ADDED TO THE EXISTING 22 .35 ACRE TRACT OF LAND SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 1207, TRACTS 2F, 2F6, 2F7, 2F8, 3B1, 3B1A, 3B1B, AND 3B1C AND MORE COMMONLY KNOWN AS 2930 RIDGECREST DRIVE; AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" ; CURRENT ZONING IS "AG" AGRICULTURAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for Equestrian uses has been requested by a person or corporation having a proprietary interest in the property described in Exhibit "A" attached hereto; and, WHEREAS, in accordance with the requirements of Section 45 . 1 (18) of the City' s Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1 A Specific Use Permit is hereby granted for Equestrian uses on the property described in Exhibit "A" attached hereto, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit : 1 . 2 . 3 . 4 . 5 . O r`lp , Resolution No. 93-52 Page 2 SECTION 2 This resolution shall become effective on the date of approval by the City Council . PASSED AND APPROVED THIS THE DAY OF , 1992 . CITY OF SOUTHLAKE By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas 92-53.SUP/ORD/kb CJ EXHIBIT "A" • TRACT OF LAND IN THE R. D. PRICE SURVEY, A-1207 • TARRANT ccuu Y, TEXAS The following described tract or parcel of land situated in the R.O. ,Price Survey, A-1207, Tarrant County, Texas and being the same tract as recorded on Page 1424 of Volume 10872 in the Tarrant County Deed Records and being more particularly described as follows: BEGINNING at a set stone at the most northerly Southeast corner of a 50 acre tract as recorded an Page 543 of 'lame 326 in the Tarrant County Deed Records and being by deed East a distance of 750.0 feet from the Northwest corner of the Joel W. Chivers Survey, A-350, Tarrant County, Texas; THFTCE N 88° 29' W a distance of 63.49 feet to an old 5/8 inch iron rod; THENCE N 89° 51' 54" W a distance of 505.64 feet to a 5/8 inch iron rod; THENCE N 89° 51' 20" W a distance of 173.31 feet to an old 5/8 inch iron rod; • THENCE N 0° 12' 50" E a distance of 267.22 feet to an iron rod; THENCE N 0° 26' 06" E a distance of 389.55 feet to an iron rod; THENCE N 86° 57' 12' E a distance of 605.7 feet to an old 5/8 inch 'iron rod; Intact N 87° 03' 28" E a distance of 907.73 feet to a 5/8 inch icon rod and being in the West line of-Ridgecrest Drive; 11IE2CE S 0° 30' 30" E along the West line of said Rid9ecrest Drive a distance of 395.23 feet to a 5/B inch iron rod at the beginning of a curve to the left having a radius of 473.41 feet h.Qhose center bears N 89 29' 30" E a distance of 473.41 feet; THENCE Southeasterly along said curve and along the West line of said Ridgecrest Drive and through a central angle of 34° 35' 00' a distance of 285.75 feet to an old 5/8 inch iron rod; T FNCE S 35° 05' 30" E along the west line of said Ridgecrest Drive a distance of 116.8 feet to an old 5/8 inch iron rod; THENCE N 88° 46' 27" W a distance of 929.81 feet to place of beginning, containing 24.895 acres or 1,084.442 square feet of land. • 4 City of Southlake,Texas 0 MEMORANDUM September 1, 1993 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Ordinance No. 580, Calling Special Election Ordinance No. 580, Calling a Special Election for November 2, 1993 , to determine whether or not the voters desire to Levy a Sales and Use Tax for the Benefit of Economic Development Corporation, is once again on the agenda for consideration. Calling a Special Election for the purpose of imposing a tax is allowed under Chapter 321 of the Tax Code, if done so within 30 days prior to the election. By approving the first reading on September 7, 1993 , and the second reading of the Ordinance at the September 21, 1993 , City Council meeting, we will be able to meet the requirements to hold the election on November 2 , 1993 . During the September 21, 1993 , City Council meeting, a Resolution 4111 setting the procedures for the election will also be on the agenda for consideration. If there are questions concerning the election or the procedures of the election, please do not hesitate to call upon me. 41441— /sl ; ^,i . . S ORDINANCE NO.�0 ING A SPECIAL ELECTION FOR NOVEMBER 2, 1993 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 FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting • •er •• charter adopted by the electorate pursua tide XI, Section 5 a e Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Development Corporation Act of 1979, V.A.T.C.S., Art. 5190.6, 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 by a majority of the qualified voters; and 111 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 al Tuesday after the first Monday in November of odd numbered years shall be a uniform election date available for local special elections; and f:\files\muni\sla kc\elcction.or2(082393) WHEREAS, the first Tuesday after the first Monday in November, falls on • November 2, 1993. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 A special election shall be held on November 2, 1993, on the following proposition: PROPOSITION 1: rI U FOR The adoption of a one-half of one percent sales and use tax for the benefit of an industrial r----1 development corporation created pursuant to u 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 1111 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake> except exce t 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. , 0 _ _ f:\files\muni\slake\election.or2(082393) 2 SECTION 4 The City Secretary of the City of Southlake 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, 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 COND READING ON THIS DAY OF , 1993. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: 3 - 2-3 73 ADOPTED: EFFECTIVE: _ _ f:\files\muni\slake\election.or2(082393) 3 lyL City of Southlake, Texas MEMORANDUM Cal AN AG R "g- • September 2, 1993 TO: Curtis Hawk, City Manager FROM: Bob Whitehead, Director of Public Works . SUBJECT: Agreement with City of Keller for use of Pearson Lane Pump Station The Public Works staffs for the Cities of Southlake and Keller, City Engineer Eddie Cheatham, and the City Attorney, have worked for many months on an agreement to provide for the City of • Southlake the capability to utilize excess capacity in Keller' s Pearson Lane Pump Station. The attached Agreement was approved by the Keller City Council on August 17, . 1993 . The Public Works Department recommends that the .Southlake City Council approve this agreement . • The Agreement includes the following: • • Section 1 - Allows for the use of the Pearson Lane Pump 4111 Station to serve Southlake' s "high pressure plane area. " Southlake will install two booster pumps and controls at the Pearson Lane facility. • Section 2 - Southlake will pay an annual fee of $12, 542 . 00 for the use cf the facility. • Section 3 - Southlake shall install a meter to measure the volume of water pumped. It is understood that the facility would only serve the "high pressure plane; " however, in case of emergency and with Keller' s approval, other areas can be . served. • Section- 4 - Keller will adjust the flow to supply an increased flow to the three (3) million gallon storage tank water storage for Southlake. • • Section 3 - Terms of the Agreement are for five years commencing on October 1, 1993 . • Section 9 - (a) Leave open the possibility of future "joint construction and utilization of additional water storage facilities at the Pearson Lane site or another site in order to achieve 'cost savings and other benefits . " • Section 9 - (b) Both Cities reserve the "right to terminate . • this agreement upon a one (1) year written notice. " / 2 - ' Curtis Hawk, City Manager Agreement with City of Keller September 2, 1993 Page 2 . 1111 • Section 10 - Southlake agrees to comply with water rationing standards for the high pressure plane if Keller imposes rationing on its citizens and customers. Reviewed Benefits : The benefits to the citizens of Southlake are: • higher service pressure for approximately 600 service connections in the western area of Southlake, • utilizing the existing . 5 million gallon storage tank for high usage days and fire flows, - • utilizing Keller' s 3 . 0 million gallon storage tank to serve the 600 service connections, thereby, reducing the load on Southlake' s storage tanks and high pressure pumps . This will have the same impact as removing 600 services from the existing system or 1/5 of our customers services . Our peak 1993 summer demand was over 5 . 0 million gallons; therefore, 1/5 of the service connections would equate to around 1 . 0 million gallons which would be extra to serve our 4111 customers, as we plan for a hot-dry 1994 summer. The approval of this Agreement will provide Southlake the opportunity to make distribution line improvements with the current $1 . 3 million in bond proceeds . The alternative is to construct the City' s own ground storage and booster facility for approximately $1 . 5 million. It is important for Council to note that under our current population projections, that a ground storage/booster facility will need to be functional by 1998; therefore, the 1996 City Council at the latest, will need to address the acquisition of a site, the engineering, and funding of the facility. In preparation for the summer months of 1994, the staff proposes that the City utilize the $1 . 3 million in bond proceeds as follows : Estimated Cost 1 . high pressure plane Keller' s $ 155, 000 Pearson Lane Pump . 2 . high pressure plane - distribution 345, 000 mains and tie-in 0 . 5 million gallon storage. 3 . add additional pump capacity at the Beach 150, 000 ® Street (Ft . Worth) Pumping Station and upgrade Pearson Lane flow meters . • /D- 2 Curtis Hawk, City Manager Agreement with City of Keller September 2, 1993 Page 3 . 1111 4 . Strengthen distribution system as required 650, 000 $1, 300, 000 In order to accomplish item number 3 , I am proposing to use Cheatham and Associates to design the required improvements to the Alta Vista Pumping Station. (Cheatham and Associates proposal is attached) Also, attached is the proposed projects schedule, with the goal of having the improvements in place by May 15, 1994 . Staff requests that this item be placed on the City Council agenda. eJw-44 _ r-� BW wpfiles\memo\ke=_er.ps • • l��3 ,- • INTERLOCAL AGREEMENT BETWEEN THE II CITY OF KELLER AND THE CITY OF SOUTHLAKE FOR USE OF WATER STORAGE AND PUMPING FACILITIES STATE OF TEXAS § § COUNTY OF TARRANT § This Agreement is made and entered into by and between the City of Keller, Texas, a home rule municipal corporation operating pursuant to the laws of the State of Texas, and located in Tarrant County, Texas (hereinafter referred to as "Keller"), and the City of Southlake, Texas, a home rule municipal corporation operating pursuant to the laws of the State of Texas and located in Tarrant County, Texas (hereinafter referred to as -Southlake"). WHEREAS, Southlake and Keller currently share capacity in a water line which transports water from the City of Fort Worth Beach Street pump station to a point on Pearson Lane at the common boundary of said cities, at which point water is transferred • to each respective city through separate meters and transmission lines; and WHEREAS, in cooperation with the Lake Turner Water Supply Corporation and its predecessor, Keller has constructed on Pearson Lane near its common boundary with Southlake a water line, ground storage tank and booster pump station (hereinafter referred to as the "Pearson Lane facilities"), for the purpose of providing water service to areas served by Keller and Lake Turner Water Supply Corporation; and WHEREAS, there currently exists excess capacity in said Pearson Lane facilities which is not being utilized by Keller or Lake Turner Water Supply Corporation; and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes city governments within the State of Texas to contract with one another for the provision of various governmental functions and the delivery of various si cell-wtragt(7-22-93) -1- • /7,v- 1 • governmental services, including those in the area of public health, sanitation, utility service; • 0 and WHEREAS. Southlake has requested the use of excess capacity in the Pearson Lane facilities to serve a high pressure plane area located adjacent to said facilities within the City of Southlake; and WHEREAS, by providing Southlake with the use of excess capacity under this Agreement, Keller and Southlake will keep open the possibility of joint utilization of water storage and pumping facilities which will be necessary in the future to serve the citizens of the respective cities and thereby allow a cost savings.to both cities; and WHEREAS, Keller and Southlake mutually desire to be subject to the provisions of the Interlocal Cooperation Act and other applicable statutes and contract pursuant thereto. 110 NOW, THEREFORE, for the mutual consideration herein stated, Keller and ake ut agree as follows: Southlake gr 1. Keller hereby agrees to allow Southlake to utilize the Pearson Lane facilities for the purpose of serving the high pressure plane area depicted on Exhibit "A" attached hereto and incorporated herein for all purposes. The Pearson Lane facilities are currently designed to accommodate eight booster pumps. Three of these booster pump spaces are currently being utilized by Keller, thereby leaving five available pump spaces. Southlake shall install at its sole cost and expense vertical turbine booster pumps in two of the five available pump spaces. These booster pumps, after installation, will discharge into Southlake's water distribution system, which will be connected by the construction of water distribution lines from the booster pumps to Southlake's main system. Southlake shall 0 sl\Yell-wtrzgt(7-22-93) -2- /6A- 5 • install operating controls for system pressure at Southlake's existing 500,000 gallon elevated storage tank located within the high pressure plane area. The proposed pumps and • controls will be designed and installed to operate independent from Keller's controls and existing pumps. 2. Southlake shall pay to Keller an annual fee of Twelve Thousand Five Hundred Forty-Two Dollars ($12,542.00) for the use-of the Pearson Lane facilities. This fee shall be paid by Southlake upon execution of this agreement, and a like fee shall be paid on or before each anniversary date of this agreement. In the event that this agreement is terminated early under the provisions of Section 9 below, Southlake shall pay a pro rata amount of the fee based upon the remaining term of the agreement. 3. Southlake will install at its sole cost and expense a separate meter to calculate the amount of water pumped.to the city's high pressure plane through the two booster pumps III installed under this agreement. It is specifically understood and agreed that Southlake may only utilize the Pearson Lane facilities under this agreement to service Southlake's high pressure plane depicted in Exhibit A unless Keller gives prior written approval for Southlake to service other areas of the city. . 4. Keller agrees to adjust the inlet flow device supplying water from Keller's existing 30-inch Pearson Lane water supply line to allow for an increase of flow from 3.2 million gallons per day to 5.5 million gallons per day into the existing 3 million gallon water storage tank at the Pearson Lane facilities. This existing water storage tank will be used for the storage of water by Southlake to service the high pressure plane area pursuant to 0 sl\kell-wtragt(7-22-93) -3- • /C ,-, this Agreement. In addition, Southlake is hereby authorized to use water lines at the • Pearson Lane facilities for the distribution of water to the proposed booster pumps. Southlake shall provide at its own expense any necessary discharge piping and any distribution lines necessary to serve its high pressure plane area. 5. The design and construction of any new facilities required for the use of the booster facilities by Southlake shall be the responsibility of Southlake. All construction plans shall be approved by Keller prior to the commencement of any construction. All electricity utilized for the operation of the two additional booster pumps and metering facilities contemplated under this Agreement shall be metered separately and charged as an expense to Southlake. 6. III All pumps, controls, electrical equipment and telemetry equipment installed by akepursuant to this agreement will remain the roe of Southlake. The discharge � property rtY g header will become the property of Keller upon installation. Upon termination or expiration of this agreement, Southlake shall remove all pumps, controls, electrical equipment and telemetry equipment at its sole expense. 7. Keller shall be given full authority to control the operation and monitoring of the booster pumps installed by Southlake pursuant to this Agreement; however, Southlake shall have access to the flow measuring device and recorder to determine the amount of water used by Southlake on a daily basis. 0 sl\kell-wtragt(7-22-93) -4- / Z 7 . 8. • The term of this Agreement shall be five (5) years, commencing on the date that operation of the two booster pump stations commences under this Agreement, or October ' 1, 1993, whichever is first. 9. Notwithstanding anything contained herein to the contrary, it is specifically understood and agreed that this Agreement is subject to early termination, as provided in this paragraph. The parties hereto each understand and agree that the projected long term demand for water by each city's citizens will exceed the storage capacity of the existing 3 million gallon storage tank to be utilized by the cities under this Agreement. In an attempt to plan for the future needs of their citizens, Keller and Southlake have calculated the need to construct additional above ground water storage facilities based upon current 0 population projections for the cities. To this end, Keller and Southlake are exploring the possibility of joint construction and utilization of additional water storage facilities at the Pearson Lane site or another site in order to achieve cost savings and other benefits. It is anticipated that by the end of the term of this Agreement, each city will be in a position to determine its long term water storage and distribution needs in this area, and how those needs are best accomplished for its citizens. If joint utilization is chosen by the cities during the term of this Agreement, it is anticipated that a modification to this Agreement 1 or a new agreement will be executed to accomplish this purpose. However, Keller specifically reserves the right to terminate this Agreement upon one (1) year written notice to Southlake in the event that it determines that excess capacity will no longer be available for utilization by Southlake prior to the end of said one year period. Similarly, Southlake specifically reserves the right to terminate this Agreement upon one (1) year written notice • 40 sl\kell-wtragt(7-22-93) -5- /D,- 8 to Keller, should Southlake determine during the term of this Agreement that joint • utilization of water storage and pumping facilities is not in the best interest of its citizens. 10. In the event that Keller imposes water rationing on its citizens and customers, Southlake agrees to comply with rationing standards for water supplied to its high pressure plane residents as may be applicable to all citizens and customers of Keller. 11. This Agreement and any of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any cause of action is filed by either party arising out of the terms of this Agreement, venue for said lawsuit shall be in Tarrant County, Texas. 12. In the event. that any portion of this Agreement shall be found contrary to law, it is the S intent of the parties that the remaining portions shall remain valid and in full force P and effect to the extent legally permissible. 13. Each party agrees to accept full responsibility for the acts, negligence and/or omissions of its respective officers, employees and agents. It is the intent of the parties that each will be responsible to the extent permitted by law, but this provision is not intended to waive any element of sovereign immunity, or to remove any further protections afforded general purpose units of government pursuant to Texas law. 14. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf • sl\Icell-wtragt(7-22-93) -6- /D/9— of the parties. Each party hereto certifies to the other that any necessary resolutions or • orders extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals on the dates indicated below. CITY OF KELLER By: Mayor Date: ATTEST: City Secretary City of Keller CITY OF SOUTHLAKE III By: • Mayor Date: ATTEST: City Secretary City of Southlake sl\lcell-wtragt(7-22-93) • -']- /7/9"io 0 ; •el.•• • •' • - '-..--'.. .'he,. • wit Fi,1 TM 4i"i( 1-�'I �'—•a,T ` - �. 1 T.�EEO�. CITY OF SOUTHLAKE • -. .- :._=-,- " " -! �ly� ` —' \-t �«r • �_` - -i .(. .a rip -yt F • + 1 " OI HIGH PRESSURE PLANE _ -.�! fl� .- «. 9- '",`�-�- ,.�� •— — — ". Its , • . � �1 'C . � Ante Cfl 1mT 4's . ' i• • se MO210.nR sa 1 `.l'1 . --f-,- ..1:411-14 --' '' . 5 Nam.' '- �1 i/b�r�'`- �. -�.r-=� THOU •PROPOSED 12" WATER LINE _ FI^: diii.=om mmitwimim ►Ott. �j IIIIPLI:i= ==-•:: g JirMi: i_i Ea .nm ik_ r—yc c:f u+T. 1 1. MAO•' nM►rf.`r + 1 Nt1UW111011 c+f ...-•- i -' -~ \ a44-01 li rill : link:xargqiirr45 Ns] I 11"'Z 111111irmil I Jw*1 NI EXISTING 0.5 MG = . ar ��a� s:.,n■■.. . IM E si:T . ELEVATED STORAGE ►.�■�� a ,,., ■t,-....• --.• -- er!---...._ 1.5. li . 0 1.- tiasarairmr.:201 la •� ( air: .L?.G•61�.::i.::a/...'' .A,t+.$4= ►'+:air:_�3�'i... - -r_- -~y _ ..-.::;.:, - 4= �� g - .w_i.ri oa_._i -�� -'`:� ' ' ; .— — — ,— P -/ �: J -! i� :/f . r✓JG`EA, E3 s -�_�j pa- a kJ.=, -•im • EARSON _ ��i .a- 1 • T .:— ROAD ' " IR1_ \•.t..,. .a- - ,� • ! 11 BOOSTER _• alt., _'- N� •o t �: -�- , �4 IL-JTG- ALLE ' ------- ( PUMP ; I C�-. � -- _�-' � I�- .-.` - ___ --I,------_--- - r- a.•-• STATION _ - - - ; - - —� I�i`t • _��i A,, ''= • _ _ _(-4 _.,— Iv THO4(A3 _TKO, 3Ott „..,'�L, _ I �A I I 1 - ' ;`•- .—v •. I .J. MYOE J_ �_ _ 1 I 1 I drA� � � Ya '�1t'c11+-1 star or LW' . •1.L �j)� tsTh t7 ��{11 k [Y[Xialr r'i' • LA....CLAY l ` • IF U EXHIBIT 'A' .L�-1 / III , . .::, �'. , LOCATION MAP _,r___, L ,,,1. ��«�Ali =_ :-?-'\ - p� Y7''.0 O O K J. MIE(•lil3 { J I II 1 , 1 % I II I 1. . '71 — • • CHEATIAM p „ Ed.., ` '� AND ASSOCIATES AUG 2 7 1993 August 26, 1993 PUBLIC WORKS DEPT. Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Proposal for Engineering Services Water System Study City of Southlake Dear Mr. Whitehead: Enclosed herewith for your consideration, is our proposal for engineering services, regarding the water supply and distribution study. As you are aware, there are system improvements which will most likely be necessary, prior to the summer of 1994. Therefore, we submit the following schedule for the studies, design, and construction of the projects. SCHEDULE FOR WATER STUDY & IMPROVEMENTS ITEM: COMPLETED BY: Preliminary Report Oct. 15, 1993 Review & Comments Nov. 1, 1993 Construction Plans " Dec. 15, 1993 Bids/Award Jan. 4, 1994 Begin Construction Feb. 1, 1994 Complete Construction May 1, 1994 Testing May 10, 1994 _ In Service May 15, 1994 Hopefully this proposal and schedule will be acceptable to you: If you have any questions, please give us a call. Respectfully, Eddie Cheatham, P.E. \prop\watsys.sty Enclosure ® ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive \Vest • Suite 207 • Arlington, Texas 76006 817/633-1023 • Metro 640-4329 /0.9�/2. CHEATHAM AND ASSOCIATES September 2, 1993 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Proposal for Providing Professional Services in Connection with Water System Improvements - Pumping Station Upgrading City of Southlake CONSULTANT'S UNDERSTANDING: The City of Southlake and City of Keller currently receive their water supply from the City of Fort Worth. All of Southlake's water, and approximately one-half of Keller's water, is pumped from the Alta Vista Pumping Station into the city's supply line. Due to the tremendous growth rate of each city, the pumping capacity of the pump station has reached its limit. This proposal includes the scope of services, which would result in an analysis of the water demands of both cities. and recommended upgrading of the pumping station. SCOPE OF SERVICES: 1.0 Joint Utilization with Keller 1.1 Our firm will conduct an analysis of the water demands of both cities for the next 10 years. 1.2 We will analyze the existing pumping capacity of the Alta Vista Pumping Station, to determine the best combination of existing and new pumps. to meet the projected water demands of both cities for the next 10 years. ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West • Suite 207 • Arlington. Texas 76006 S 17;633-1023 • Metro 640-4329 / ,19 i3 Mr. Bob Whitehead, P.E. September 2, 1993 City of Southlake Page 2 1.3 We will coordinate our study of the existing pumping station, and review our recommendations with the City of Southlake and City of Keller's staff, and Keller's consulting engineer. 1.4 The study shall also include an analysis of the two flow meters at Pearson Lane, to determine if any modifications are required. 1.5 We will visit with the staff at the city of Fort Worth's water engineering department, to confirm that the City of Fort Worth can provide an adequate supply of water to the Alta Vista facility, to fulfill the water requirements of both cities for the next 10 years. 1.6 We will provide written summary, in report form, of our analysis, with recommendations for system improvements. 1.7 We will present our study and recommendations to both cities for review and comments. 1.8 Once our recommendations are agreed to and approved by both cities, we will proceed with plans and specifications for the 1111 proposed improvements. 1.9 The actual preparation of the construction plans and specs, will be conducted in accordance with the existing contract for engineering services. regarding the water bond projects. FEES: Our fee for the scope of services of this proposal will be a flat fee of $3,750.00. Please note that all direct expenses, such as travel and printing, are included in the above fee. The fee covers only that work specified in this proposal. Other services not included in the fee may be added to this agreement at your request after an approval of the additional fee for such services. TIME OF COMPLETION: We will complete the analysis of the Alta Vista Pumping Station, and prepare the recommendations within 60 days after authorization to proceed. Mr. Bob Whitehead, P.E. September 2, 1993 City of Southlake Page 3 • FEE SCHEDULE: Professional fees for studies and reports are calculated using hourly rates which include al wages, benefits, overhead and profit. The fees include all incidentals costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc., plus direct expenses times a handling multiplier. The fees proposed for this project are based on the hours estimated for each phase of the project times hourly rates. The following is the current rate schedule used to calculate job fees. Principal Engineer $90.00 Registered Engineer $70.00 Staff Engineer $65.00 Land Planner $65.00 1111 Certified City Planner (AICP) $70.00 Registered Landscape Architect $70.00 Licensed Irrigator $60.00 Technician $50.00 Construction Inspector $35.00 Drafter $35.00 Technical Typist $35.00 4 Man Survey Crew $85.00 3 Man Survey Crew $75.00 TERMS AND CONDITIONS: Monthly billing will be on a basis of percentage of completion. Invoices are normally mailed by the 5th of each month and payment is expected within ten working days. • Mr. Bob Whitehead, P.E. September 2, 1993 111 City of Southlake Page 4 GUARANTEE: Cheatham & Associates guarantee to maintain the fees presented herein for 90 clays from the date of this proposal unchanged. The above fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc. If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, Eddie Cheatham, P.E. \sl\p roposa I\p u mpsia.upg S AUTHORIZATION TO PROCEED: Accepted this day of 1993 By: Title: Firm: S t , • City of South lake,Texas CITY MANAGER MEMORANDUM 3�C` �j �✓ September 3 , 1993 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, P.E. , Director of Public Works SUBJECT: Developer's Agreement for Timarron (Brenwyck - Phase I, Wyndsor Creek - Phases I & II, and Glendover - Phases I & II) Attached is the Developer' s Agreement for the above mentioned sections of Timarron. This agreement contains the standard requirements for the provisions of water, sewer, streets and drainage. There are a few conditions which are unique to this phase which has resulted in revisions to our standard a agreement . Below is a list of those conditions. A. Developer is requesting that 15% of the lots be released for residential permits after installation of the water and sewer mains instead of 10% . (Pg. 1, I. , B. ) B. Timarron will present to the City a Letter of Credit from Chase Manhattan Bank, New York, for 100% of the value of the construction cost . This will satisfy the Developer' s Agreement requirement for Performance Bond and Payment Bond. Timarron has done the same for their previous phases . (Pg. 1, I. , c. ) C. In the preceding Timarron phases, Timarron was granted a reduction of inspection fees from 3% to 1 . 5% because they provided a full-time construction inspector, which reduced the City' s inspection time in half . In this phase, Timarron again agrees to provide a full-time construction inspector and has requested the inspection fee be set at 1 . 5% instead of 3% . (Pg. 3, I. , G. ) D. Section G in the Agreement is a rewrite of the cross out of Section F. E. The Developer has recuested a 50% credit toward the park land fees for the amenities to be installed. During the regular Park Board meeting, held August 9, 1993 , the Park Board considered the Developer' s request for credit and the "motion was made to table granting a credit due to lack of specifics Curtis E. Hawk, City Manger Developer' s Agreement for Timarron September 3, 1993 Page 2 . in regard to amenities offered in Phase III . j1 There are 201 lots in this phase of Timarron, which would result in a Park Fee of $100, 500 . If the credit is granted, the Park Fee would be $50, 250 . 00 . Attached to the Developer' s Agreement is a copy of Timarron' s Park Application. (Pg. 9, Iv. , A. ) F. Since the Developer has agreed to dedicate land for future right-of-way along Continental Boulevard (84' ) and to finance major roadway reconstruction as shown in the Plans, the Developer is not be required to pay Perimeter Street Fees. (Pg. 10, IV. , B. ) G. City staff feels that Timarron, Phase III falls under the requirements of the Drainage Ordinance No. 481, Article 6, Section 6 . 07. The Ordinance section reads as follows : " B. No capacity remaining: Should the proposed development create runoff which exceeds the capacity of the critical structure, it shall be the responsibility of the developer to construct the ultimate improvements needed to said structure. 1 . Prior Contributions : The City shall be responsible for transferring all funds from previous development contribution to the specific structure to the developer who must construct said improvements . 2 . Future Refunding: The City shall be responsible for procuring additional participatory funds from other developers within said watershed and transferring these funds to the developer responsible for constructing the improvements . This shall only extend for a period of five years from the date of acceptance of the structure by the City inspection department . j2 The box culvert on Continental Blvd. is currently inundated in the 100 year storm. The engineer for Timarron, Phase III has calculated that this addition will increase the surface water elevation by . 08 of a foot . Since there is "no capacity remaining "in the culvert, 1 excerpt from August 9 , 1993 , Park Board MINUTES 2 excerpt from DRAINAGE ORDINANCE No. 482, Article 6, Sect . 6 . 07 Curtis E. Hawk, City Manger Developer' s Agreement for Timarron September 3 , 1993 Page 3 . Section 6 . 07-B of the Drainage Ordinance is in effect . In discussing with Timarron, they would like to postpone the construction of the ultimate culvert on Continental Blvd. until their future phase is constructed adjacent to the culvert . They estimate that development will be in around two years. If the ultimate culvert is constructed now it will create a vertical curve in Continental Blvd. to provide for traffic to travel over the box culvert . The staff has no objection to the Council waiving this requirement for a two year period or until the phases adjacent to the culvert are developed, or which ever comes first, and provide for an extension to this provision by the City Council if it is in the best interest of the City. Due to vacations, the City Attorney has not reviewed this agreement at this writing. They will have reviewed the agreement prior to the Council meeting on Tuesday. Please place this on the Council' s September 7 agenda for their consideration. If you have any questions, please contact me . BW/lc Attachment : Developer' s Agreement Park Fee Application c:\wpfile=.devagree\tim.mem /t98-3 DEVELOPER' S AGREEMENT FOR BRENWYCK, PHASE I WYNDSOR CREEK PHASES 1 & 2 AND GLENDOVER PHASES 1 & 2 OF TIMARRON An agreement between the City of Southlake, Texas, hereinafter referred to as the "City" , and the undersigned Developer, hereinafter referred to as the "Developer" , of Brenwyck Phase I, Wyndsor Creek Phases 1' & 2 and Glendover Phases 1 & 2 of Timarron ("Addition") to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 201 lots contained within the Addition and to the off-site improvements necessary to support the Addition. I . GENERAL REQUIREMENTS : A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the' design and preparation of the plans and specifications for the construction of all facilities covered by this agreement . B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin . as quickly as possible and the City is desirous of having the Addition completed as rapidly as possible, the City a r 34 of the lots after installation tior of the water and sewer mains adjacent to those lots, as noted above for residential permits . Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied. The remaining building permits shall be released as soon as the streets are substantially complete . The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the Addition has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. C. The Developer will present to the City either a cash escrow, letter of credi=, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 1000 of the value of the construction cost of all of the facilities to be constructed by the Developer as set forth in the plans submitted to the City by the Developer and approved by the City (the "plans" ) , and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this agreement between the City and h916-iir Developer. All bonds should be approved by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond and payment bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer' s obligations specified above. 1 . Any guarantee of payment instrument (performance bond, letter of credit, or cash escrow) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney by the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument . Approval by the City shall not be unreasonable withheld or delayed. 2 . Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for • any work under this or any other Developer' s Agreement within the City of Southlake regardless cf such company' s authorization to do business in Texas . Approval by the City shall not be unreasonably withheld or delayed. D. The Developer agrees to furnish to the City maintenance bonds amounting to 20% of the cost of construction of water, sewer and drainage utilities and 50% of the construction cost for the street paving. These maintenance bonds will be for a period of two (2) years and will be issued Prior to the final City acceptance of the Addition. The maintenance bonds will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary. E . Until the performance and payment bonds, letter of credit or cash escrow required in item "I . (c) " above has been furnished as required, no approval of work on or in the subdivision shall be given by City and no work shall be initialed on or in said Addition by the Developer, save and except as provided above . 2 F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City of Southlake and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof . It is further understood and agreed that until the City accepts such improvement, City shall have no liability or responsibility in connection with any such facilities . Acceptance of the facilities shall occur at such time that City, through its City Manager or his- duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved .and are being accepted by the City. G. On all facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure : ........... a :tAm >:< :arid:>:san. tarryus:ewer : .:.am::. ..1. : :..gai.tecnomba:<<:>;>; : z <•taxiiie:>:»::»<tegegg:><; <:eigl >::::::':e e . a...:yg»:::>:.: :.::.: :t:.::.-::::;'::n ,:::a:::::>: :t:i:•: .:::::.........................:: :::::::::: .:.:.:.lu..;:. :::::b:.:::;::::>:: <• »::><: >::>::;:imift:.:::::::t :."ix- s: :e:;:.iit4et:4>:.>::c .::.it.he;;;v ac'€:i :: egggim..................................... .. ......................................... .................................... ........................................... `. :<< » ra »t `: do_aggte.s.t.s. ::�:e: . 1wed::::.t.o::armat.e. properPERRgEOPT:e#AWgBRAgERWWIRM§4PRIMAg4UARTIM technician:;:::::>:::::::.:::. ..............:..........:........... ............................. H4VORC ..................................... ............................. >::;>;: .:...:.:>:._i'':°:€€€€<> .:<:Mi i:"°; >` €€€€€€<°€ i-i gWil a<' €tom: its a sl...... .............................:....... . ........... ..................................... .. ........... .................:::certified >`: .: tr6� `�'>I '��>� >>':ear �>are > ` s�r<'':::.;all, ....� . :gym: rovPmeat:e::<*O U.10ed::>: : :>t e <: :eas: °'°:uc' i:::::::: _:::h e>` >:>.:.g.Nt>:to b:. >:O �:...:>-.orme.:.:>< >.: :>::ixgo s t:eyed:.i:.i:.i. ro f es:e: on a;:;:::-r><:>::::::ea %4W$ ::>::>:::<:::wh i c h .;:.::.::.;:.;: :.;;:.;:.::.;:.;:.;;:.;:;.;:.;:.;;:.;:.:;.;:. P.:.;:.:;.i:;.:.i:.i:.:;.;:.i:.i:;.:.;:.i;:.i:.i:;.i:.:;.i:.:-ii:.:.:.;;:.;:.: :.;:.:;.;:.;:.;:.;:.;:.:.:;.;:.;:.;:.;:.;;::.;:.:�::.;:.;:.;:::;:. S .}:f{Ciiiiiiii.i})Y..iiiiiii:..iiii:.i: ..:.i :�iiiii?%v'iii;.v}i::iiii}i}iii::4Y:L:i:L•ii: .:..:S.':!.'i: ::::::i:'::.::.:.:i'{: 'eF•••i::::::i'i.'•...:::::i:iY;:!!i}i}:::::.::o_..::i::::::i i:i :}it: .'i:::i::i.•i': <:::::':i:.i'::.: . �,��:.i:.;a.,� � :�:�� . F.i �€��: a: :�: �s�� :�:�. � �d :�Q�> :�. : ..:...:..:.......:...:.:.......:.......:...:..:...:...:......:...:..........:...:..:.. 3 the veloper -VOW6V1rtbWtBif6f6'Wfia theNeVtlAW agliiMONIONOW*04110NUMMUMEgOfiggIgneOggEM Ot$000011iiiiiiilibigft0mgrggRelp4004ftiogig pmgsg*NimgmlmoggON440effg#4NIEVOMbp*Anm Ofikii.R01606MifiNdeNOWONOWfadat4§ 4) Condvt the anal i ectio of the pgougtmpAngomp#4Anagnwpopmmwomw S) tpon completion of the improertete et tetninannitfiVitiniMiiiiiiiltaik6.080•46ogget record drawings. ngEMINOMMUMEROWOMEMENSaggig ii01041016gA,Stalviiimmitiga4xigiliiimggdoimo 140Mikomff4ARmgotagiNikmigoosiophm4ommboMagom ximommouggolAmpognosommeammtg000lita ifiNimqtgatow*RiligNAMillggingAMMEhtkaliAn ipect.ion fees are paid. 4 Developer shall not connect bui1dins to sewer Itaggig4EN4AINFIRAIMOOPARROPSWIiiiiiiiNklgaigh$0 1110.106!iiiiiima*mino06.4i2AtilibgitiftatdAfi4ottpg • pozwanogogeptea::::::ortine•*,:,::ortym H. The Developer mdm any third party, independent entity engaged in the construction of houses, (a "Builder" ) will be responsible for mowing all grass and weeds and otherwise reasonable maintaining the aesthetics of all land and lots in the Addition which have not been sold to third parties . After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs . The City may place a lien upon all real property of the Addition oo maintained by thc City, as provided by City Ordinance and State Law. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. II . FACILITIES : A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plats of the Addition. Water facilities will be installed in 4 /e9/g- 7 accordance with the plans and specifications to be prepared by the Developer' s engineer and approved by the City. Further, the Developer agrees' to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an eight (8") inch water line. B. DRAINAGE : Developer hereby agrees to construct the necessary drainage facilities within the Addition in accordance with the plans . The developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that.. development proposals are being presented for approval by the City. C. STREETS : 1 . The street construction of the Addition shall conform to the requirements in Ordinance No. 217 and 483 . Streets will be installed in accordance with plans and specifications to be prepared by the Developer' s engineer and approved by the City Engineer. 2 . The Developer will be responsible for: a) Installation and one year operation cost of street lights which is payable to the City prior to final acceptance of Addition; b) Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works . 3 . All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement . All utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority 5 /0.8- 8 of the pre-planned facilities . It is' understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES : The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer' s engineer and approved by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. = oe 'ta±n o e ligNM >N :O s4. §§ 0§pus a .... .:k. .161i..-- **„1 e<` ` e , the wi l l m burse:the:::>=De•e ``:: »>f ................. ..................................... .................................... E. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees, or to cause its Builders, to keep the streets free from soil build- up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc . , to .:::::.:;. prevent soil erosion. otw t ax' ': :: ::' t e fp40460. ; e Developer':>:::N x e te a : t s e d o os n rc : ::: :s:.:a.:.:..:.: ' can::::��>>:�: � a .xz.��. : .;cat;:: It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets and notification has been given to the Developer, the Developer or its Builder will have seventy-two (72) hours to clear the soil from the streets . If the Developer or its Builder does not remove the soil form the street within 72 hours after notification, the City may cause the soil to be removed either by contract or City forces and replace the soil within the Addition at the Developer' s expense. All fees owed to the City will be collected prior to acceptance of the Addition. • /$0,6— F. AMENITIES : It is understood by and between the City and Developer that the Addition is a Planned Unit Development ' incorporating a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities . The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. Any improvements, including landocaping, within the public right of way, will be approved by the City Planner. All opecial landocaping, within the public right of way, will be approved by the City Planner. All opecial landocaping within City right of way ohall be oprinkled and ohall be maintained at the cost of the Developer or a homeownero a000ciation. In the event that ouch landocaping io not pro end,-the , �e d et , perform ou i-n enz-aeeifnet---i-eno, and-charge- to c Developer or homeownero a000ciation, or in the alternative, the City may remove ouc pee-i-aa '_andoc_i i g f r-em he p b l-i c r ght-e-f lue—c oo t o f r= removing same to the Developer or the homeownero a000ciation. G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc . , for the enhancement of the Addition. The Yr: Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. e e . 4 : shall not be responsibleThDeveloper for the replacement understandsthat ofth thes Citye ' amenities under any circumstances and further agrees to \ndemnify and hold harmless the City from any and all \amages, loss or liability of any kind whatsoever by �o ‘ eason of injury to property or third person occasioned p 'V li ' by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own 1 cost and expense, defend and protect City against all such claims and demands . H. START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place : 1 . At least six (6) sets of construction plans stamped "Approved for Construction" by the City Engineer. 7 2 . All fees required by the City to be paid to the City. 3 . Developer' s Agreement executed. 4 . Approved payment and performance bonds, letters of credit or cash escrow submitted to the City. 5 . The Developer or Contractor shall furnish to the City a policy of general liability insurance prior to commencement of any work. III . GENERAL PROVISIONS : A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any all claims, suites or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities . B . Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas . C. Approval by the City Engineer of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications . Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City' s approval on only the general design concept of the improvements to be constructed. In this connection, the 8 Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer' s designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection herewith.during such two (2) year period D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public projects of a similar nature. Work performed under the agreement shall be completed within two (2) years from the issuance of the payment and performance bond, letter of credit or establishment of cash escrow. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and ....................................... complete such work at Developer' s expense, u ': e ; rr ;cp ; provided, however, that if the • construction under this agreement shall have started within the two (2) year period, . the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES : A. PARK ORDINANCE: 3010§0500§40.0nagnmiaselianiiiiitge0iiiiinaidOWLINOMEth ::>�::::>::>Park :.i.�:::'�j...::F�':.:' :' ::::�: ::..'.:i::ii::ii'�y[:::y�.y(:i':}Cj?y is'..::.' :::::.�:i Y: ::::>': ..{i<i� '...i:iX'i::jti:::i'::::`F23:�.4..:;i::1:a.��::>:`: :�.......��'i,.'L,:'�LL��.%G:ii::l!M:�i:�:j?ij:.T•Wti�::i:::::::�:�� vZ7:��i:T:::::::'n::��n::�y:n:.........:.................................�:.................:.; 9 /24/2w • ribiumbiasimad 'fir---...t3.ng.mmon€3S1. oomat-:>:<n ::;:>« ::::;:::,;>;;;>;:.: .;:;;::;:::::.>:.;>;;:.:: WAtagmgAgggoiiiiiolugoolSWENWPIOliggiNeNniNERNIfi ::.gig_:>::< •:. :::>:< .:.:>::>::;::::.: ::: ::<>�>:e<;<::::>:.::•> :<:::::>: . zz�<a�� t�caxa:»:� :><;t�Z�:::>:an�.�.�.�.._..:.: .�::.:b�.:::��z�:�:a.�>.�.:�:�..:_:�Q�-:::: ..:.�. rmrgggwegg*MngAmmgfavOta_- the Pe :lice: :g :::tkza: :>:: egggig r .:: ::::. €.s:.::nrognt v ..:.:::: ....:..::........... .................. There are 201 lots in Brenwyck Phase I, Wyndsor Creek Phases 1 and 2 and Glendover Phases 1 and 2 of the Timarron Addition. The Council, hereby, grants a o credit for a resulting required part fee of $ for this agreement and is payable prior to the beginning of construction. B. PERIMETER STREET ORDINANCE: Developer agrees to dedicate land for future right-of-way of Continental Boulevard (84' ) as well as commit to finance extensive roadway improvements as shown in the plans in lieu of paying perimeter street fees . C. OFF-SITE DRAINAGE: The City agrees that the Developer is entitled to refunding by.future development within the drainage basin according to Drainage Ordinance No. 482, Section 6, since the Developer is required to install the ultimate culvert required in Continental Blvd. The culvert will be constructed on Continental Blvd. between Byron Nelson Parkway and S. Carroll Ave and shall be completed prior to . completion and acceptance of this Addition of Timarron. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: S .E. Evans Title : President Date : CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date : 10 toe-/3 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The letter of credit (L of C) must have a duration of at least one year. 2 . The L of C may be substituted for utility security deposits exceeding $10, 000 . 00 . The City reserves the right to specify the face amount of the letter of credit . 3 . The L of C must be issued by a bank that is insured by FDIC. 4 . The L of C must be issued by a bank that has a minimum capital ratio of six percent (69s) , and has been profitable for each of the last two consecutive years . 5 . Partial drawings against L of C must be permitted. 6 . The City must be able to draft on sight with proof of amount owed. 7 . The customer pays any and all fees associated with obtaining L of C. 8 . The customer must provide the City with all the bank financial information required hereinabove . 9 . The L of C must be in a form acceptable to the City of Southlake. The City reserves the right to reasonably approve/disapprove the bank issuing the letter of credit. 10 . Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. ' • wpfiles\dev-agr\tim3 11 /C4 '/� ADSeMina Trs3'II.7 Z T.WTGai I V Ty pa � 19p1tcation: Pr lami nary Plat Final plat X • (*if 7 snmrT conforms to preliminary, fill is #1 only) 1 . Development Name; Timarron 2.. Phase 3* ^ots.l Acres t�i Total. Lots 201 Hut Total Acres .;otai I.snts 2. ;rota' Parki a-nd- flecica7.zc Assessed. : *$100,500.00 Residential = $ 500 per Lot ►* Domi*rc_al • $ 500 per Acre A-, Propoecd cflooxtiorz to fulfil:, parkland dtdirhr.isn irecu firemen;; Fee5; $50, $o.ao I;r`rovements* *Describe any imgr ' meat : _ - - ,Y D. i:?oes this development. ps:.pose private parKlw dfvpen apacc7 Yes X 1 o • If Yes please det�c ,be; Total. scree 18.3, Open apace to includetrail system and landscaping for resident nag. • rropo Racre.aticnal Faai3.ities: Trail system and pocket perks. o'. ' If this development coma ina privata park:anci, open space Cr recreational faci]4.tiee. are you requesting- partial credit ; toward vark1 grid dedication requirements? Yes % No 6 thin d val 7 _ X apmekC. a Planned 'Obit Development? Yes X No 3. iPleaZe note any additional inecrmation you uieh to supply cha • Park Board. Feel Eres to reference attached text or exhibits nac-eQ cart'_- ' _See attached. 5. Mataot Pergamt Steve gotta pie,: (114) 791-3533 Fit Timur,con Land Gorporat:ton Fscx s (214/3-41-61 Ad sa: 506 $sit darpenter iireevay, #1425 lrvf a , Texas 7SOn • e;1. 1J rrtnaerliate.+1�7 * ITfsaarroa Phase III consist of the following final plats: . J r usT7ch Phase I . ¶iynsor Creek Phases I Et II - • Gler=dcver Phases I & II -roTAi. P.ez • / 2e-ice )xhibit A . Brenwyck Phase I, WyinQr cree Thanes 1 & 2, O1 lover Phases 1 & 2 August, 1993 Phase , No, of 'Tota3. Improved . Required Par3claad Crsd ,ted Lots Credited Lots Acres project Open Assessment for rue to Improved Late apace (Z ro ) tpnh aareB0 Upon apace Romaining *_ ,-. . _ _ lots) 4�axen? wl5a Credit 1 161 103 16:2 3.2 405 244 Ix 84 58 8.0 1.7 200 116 ,...,.. -- �.._ O I3rgawyck 64 3�. 5. 2 1 .3 130 66 Phase z Vtrnaor crocac 84 43. 5.5 L.7 138 54 tf \ Phases 1 & 2 - • — .. - c1endoverT 53 39 7.6 1. 1 190 • 137 4 - , . _ . Total 446 272 42. 5 9. 0 1 063 617 * Improved open space inc1udas the following: 1. 10-acre project park to serve roughly half of the Ti.marron community (800-1000 units) • 3-acre lake • Dasketbt►11 court • Trails • Two tennis courts • Playground • parking . • Sand volleyball Court • 25-meter pool w/pavilion • community building site • Children's pool 2. Improved common areas 3. Neighborhood s ignuge and lighting 4. Maintained at no expense to the City by the Timarron Owner's Association. f:\legal\prIva'1ta1tirnsam.usy et City of Southlake,Texas MEMORANDUM Cali PNAUER September 2 , 1993 TO: Curtis Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Road Alignment for Construction of South Peytonville Avenue, (South of High School to Continental Blvd. ) ; permission to advertize for bids for the drainage improvements; permission to acquire right-of-way. In the City Council' s discussion of the construction of South Peytonville at their meeting on August 17, 1993 , they asked that the final alignment along with a better understanding of the number and types of trees, be presented to them. Eddie Cheatham, P.E. , Cheatham and Associates, and I have reviewed the final proposed alignment . Two areas were refined: • vertical alignment at the crest of the hills . Ultimately the crests should be reduced to improve the sight distance; however, on this interim street design, we recommend maintaining the present vertical alignment . • re-aligning the north end of the project to stay to the east side of the right-of-way. This allows some oak trees to be saved, but several elms and hackberrys to be removed. Cheatham and Associates have prepared an alignment map which shows the various trees . The map will be available for display at the Council meeting. In Cheatham' s attached letter, he categorizes the trees to be removed. Of the larger trees which will need to be removed, only "14-15 of these trees are in good condition" that have not already been "topped" by the utility companies. We will be meeting with as many of the property owners as possible before the Council meeting date of September 7, 1993 . Public Works staff recommends that the City Council : 1 . authorize the City Manager to acquire the necessary road and drainage right-of-way or easements for the approved South Peytonville Road alignment; 2 . authorize the City Manager to advertise for bids for the drainage improvements to South Peytonville Road; and 3 . designate South Peytonville as the first priority for the 1993-1994 Tarrant County Street Reconstruction Assistance Program. BW wpfiles\memo\peyton / e-! e CHEATHAM AND ASSOCIATES September 2, 1993 Mr. Bob Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Roadway Alignment and Tree Survey for Peytonville Ave. from Carroll High School to Continental Blvd. City of Southlake - Job No. 001-212 Dear Mr. Whitehead: As per the City Council's direction at the August 17 City Council Meeting, we have taken another look at the trees along both sides of Peytonville Ave. We have reconsidered the street alignment from one end to the other, and we made a few adjustments to the alignment. These adjustments result in saving a few trees on the west side, but the primary revision was . in the vertical grade at the Harrell property. We have decided that the proposed vertical curve, which meets the standards for sight distance, would result in a bad situation for Mr. Harrell. Also, several additional trees would have to be removed to grade proper side slopes. Therefore, we recommend that the crest of the hill be altered only slightly, and no ditches be constructed until they are absolutely necessary. This will result in a situation which saves as much of the existing yard and trees as possible within this tract. In addition, we have re-aligned the north end slightly to save as many oak trees as possible on the west side, which results in removing several elm and hackberry trees along the east side. We have also prepared a breakdown of the trees to be removed into the following categories.. West Side East Side Oak 8" or larger 27 Oak 8" or larger 1 Oak 6" or smaller 17 Oak 6" or smaller 0 Elm or other 23 Elm or other 41 Total 67 Total 42 Of the 67 trees along the west side, most of the larger trees have been "topped" by the utility companies. Only approximately 14-15 of these trees are.actually in good condition, and are oaks of 8" or larger caliber. 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 / 7e-.- I Mr. Bob Whitehead; P.E. September 2, 1993 City of Southlake Page 2 We agree that it is a shame that this many trees must be removed, and it is our desire to save every tree possible, but unfortunately the trees are too close to the roadway to allow for the construction of a roadway and drainage ditches. We have made every effort to save trees, and prior to construction, the trees will be studied in the field once again, during final construction staking. It is possible that a few trees can be allowed to stay, by final field adjustments to the roadway and ditches. If you have any questions or comments regarding this matter, please give us a call. Respectfully, Eddie Cheatham, P.E. \peyton.aln /©e-.3 City of Southlake,Texas MEMORANDUM 410 August 18, 1993 TO: Mayor Fickes, Councilmembers, City Manage}, Directors FROM: Sandra L. LeGrand, City Secretary SUBJECT: 1993 TML Annual Conference & Exhibition I have attached a packet of information in regard to the 1993 Texas Municipal League Annual Conference & Exhibition, which will be held this year in San Antonio, Texas, from November .3-6. If you would like to attend, please fill out the information forms attached, and I will make all reservations for you. Reservations must be made by October 11, 1993 , however, first come first served in regard to housing. I would like to make all arrangements by the end of September. If you have questions, I will try to answer them for you. 4111 ,sl • • • MI k-Airit FINANCIAL ADVISORY SERVICES The City of Southlake, Texas September 7, 1993 • • • CITY OF SOUTHLAKE, TEXAS ANNUAL DEBT SERVICE REQUIREMENTS Projected Projected Projected Projected Net Tax $3,300,000 Net Tax Projected Projected $320,000 WW&SS Supported GO Ref.'93 Supported $3,000,000 $745,000 Year Existing CO'93 Projected Supported Pre-Ref. Savings Post-Ref. GO'93 CO'93 1994 $1,234,518 $73,815 $1,308,333 $262,169 $1,046,164 $21,772 $1,024,392 $0 $152,263 1995 1,156,033 70,510 1,226,543 221,995 1,004,548 41,833 962,716 290,213 77,145 1996 1,161,189 73,410 1,234,599 225,751 1,008,848 1,833 1,007,015 252,150 145,550 1997 1,059,932 70,810 1,130,742 219,081 911,661 3,113 908,549 253,790 156,550 1998 1,062,343 73,080 1,135,423 221,986 913,437 4,553 908,884 249,830 156,510 1999 1,054,153 0 1,054,153 214,446 839,707 1,073 838,634 250,650 156,000 2000 1,050,614 0 1,050,614 216,461 834,153 2,873 831,281 251,050 0 2001 1,055,967 0 1,055,967 218,265 837,702 4,718 832,985 251,130 0 2002 1,053,206 0 1,053,206 211,850 841,356 2,880 838,476 250,818 0 2003 1,057,935 0 1,057,935 213,161 844,774 2,426 842,348 250,098 0 2004 1,066,141 0 1,066,141 215,778 850,364 1,698 848,666 253,888 0 2005 1,061,462 0 1,061,462 217,625 843,837 758 843,080 251,928 0 2006 1,063,668 0 1,063,668 218,700 844,968 (593) 845,561 249,503 0 2007 1,067,159 0 1,067,159 219,023 848,137 2,590 845,547 251,675 0 2008 1,081,392 0 1,081,392 223,414 857,978 (81) 858,060 253,178 0 2009 1,080,899 0 1,080,899 221,863 859,037 1,948 857,089 253,990 0 2010 744,099 0 744,099 219,844 524,255 434 523,822 249,185 0 2011 746,982 0 746,982 217,538 529,445 3,495 525,950 253,925 0 2012 370,800 0 370,800 113,531 257,269 0 257,269 252,753 0 2013 251,432 0 251,432 112,888 138,545 0 138,545 250,928 0 2014 0 0 0 0 0 0 0 253,440 0 Totals $19,479,924 $361,625 $19,841,549 $4,205,366 $15,636,182 $97,318 $15,538,864 $5,074,118 $844,018 IIII • • CITY OF SOUTHLAKE, TEXAS ANNUAL ANNUAL ANNUAL DEBT SERVICE TAX LEVY PER $100 TAX PER$100,000 VALUE Post-Ref. Post-Ref. Post-Ref. ' plus plus plus $3,000,000 $3,000,000 $3,000,000 Year Valuation (1) $745,000 $745,000 $745,000 1994 $680,726,000 $1,176,656 0.1764 / $176.38 1995 $714,762,300 1,330,074 0.1899 \5 189.88 1996 $750,500,415 1,404,715 0.1910 190.99 1997 $788,025,436 1,318,889 0.1708 170.78 1998 $827,426,708 1,315,224 0.1622 162.20 1999 $868,798,043 1,245,284 0.1463 146.26 2000 $912,237,945 1,082,331 0.1211 121.07 2001 $957,849,842 1,084,115 0.1155 115.49 2002 $1,005,742,334 1,089,294 0.1105 110.52 2003 $1,056,029,451 1,092,445 0.1056 105.56 2004 $1,108,830,924 1,102,554 0.1015 101.46 2005 $1,164,272,470 1,095,007 0.0960 95.97 2006 $1,222,486,093 1,095,063 0.0914 91.40 2007 $1,283,610,398 1,097,222 0.0872 87.22 2008 $1,347,790,918 1,111,237 0.0841 84.13 2009 $1,415,180,464 1,111,079 0.0801 80.11 2010 $1,485,939,487 773,007 0.0531 53.08 2011 $1,560,236,461 779,875 0.0510 51.00 2012 $1,638,248,284 510,021 0.0318 31.77 2013 $1,720,160,699 389,472 0.0231 23.10 2014 $1,806,168,734 253.440 0.0143 14.32 $21,457,001 1) Assessed valuation projection based on: A) 1993-94 Assessed Valuation Estimate= $680,726,000 B)Annual Compound Assessed Valuation Growth Rate= 5.00% C)Tax Levy Collection Rate = 98.00% City of Southlake, Texas • General Obligation Refunding and Improvement Bonds, Series 1993 and Contractual Obligations, Series 1993 Schedule of Events Completed Prepare and send list of information required to prepare official statements for bond and obligation sales Completed Receive required official statement information from City September 17 Draft preliminary official statement sent to City, Bond Counsel, Underwriters, and Underwriters' Counsel for review and comments September 21 1st reading of bond and-obligation ordinances September 22 Receive comments on draft preliminary official statement September 29 Distribute final preli inary official statement for bonds sale to City, Bond Counsel, Underwri ers, Underwriters' Counsel, Rating Services and Insurance Compani s • October 12 Receive bond an obligation ratings, and insurance qualification and quotes October 14 Bond and Obligation pricing October 19 2nd reading of bond and obligation ordinance Council adopts bond and obligation issuance ordinances Signing of bond purchase agreements October 20 to Attorney General's office reviews and approves transactions November 19 (review of all legal documents) October 22 . Distribute final official statement to City, Bond Counsel, Underwriters, Underwriters' Counsel, Rating Services and Insurance Company November 23 Deliver bonds and obligations to Underwriters and City receives funds. • City of Southlake,Texas CITY MANAGER MEMORANDUM , g-bO d13 41110 August 31, 1993 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Public Landscape Easement During the last Council meeting there was a discussion about the potential use of a "public landscape easement" adjacent to arterial streets for the purpose of planting replacement trees due to tree removal caused by road improvements . Should the Council desire to pursue this I would recommend the following ordinance revisions . Subdivision Ordinance No. 483, Section 1. 04 Definitions Add the following definition: Easement, Public Landscape: (Abbreviated P.L.E. ) A public easement typically located adjacent to thoroughfare street R.O.W. for the purpose of planting trees or other landscape plants . Maintenance of the easement shall be the responsibility of the land owner, however the city has the right to maintain through pruning, 41110 replacement or other means, any plantings placed in the easement . Subdivision Ordinance No. 483, Section 3 . 07 Easements: Add the following "Item F" : (Mandatory Option) F. Public Landscape Easement : A public landscape easement typically 10' in width shall be provided adjacent to public R.O.W. for all S .H. 114, F.M. 1709, F.M. 1938 , and all streets designated as arterial level thoroughfares (i .e . R.O.W. of 90' , 84' and 70' ) on the approved Thoroughfare Plan. This easement shall typically be used to facilitate coordinated tree and/or landscape plantings along the City' s thoroughfares, or for the purposes of planting replacement trees due to necessary removal of established trees for road expansion or other public improvements within existing R.O.W. (Voluntary Option) F. Same paragraph as above but replace "shall be provided" in the second sentence with "may be dedicated" . Please note that this wording allows not only for tree replacement, but possible future coordinated street tree planting programs supported by keep Southlake Beautiful or similar groups . Please place this on the next Council agenda as a discussion item. 41111 GL/gj //Q City of South lake,Texas MEMORANDUM• CITYMAMATER September 3 , 1993 s '/ TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Issuance of General Obligation Bonds, Refunding Bonds, and Contract Obligations At the Budget work session July 10, Jim Sabonis of First Southwest Company, Southlake' s Financial Advisors, presented to the Council refinancing opportunities on the City's outstanding long-term debt due to the low interest rates currently available. A portion of the 1990 $3 . 076 Refunding Bonds and the 1990 $1 . 1 million Certificates of Obligations are eligible for refunding. During the work session, the Council asked Mr. Sabonis and Staff to explore the possibility of accelerating the scheduled May 1994 issuance of $1 . 5 million and November 1995 issuance of $1.5 million in Street Bonds authorized by the voters in May 1992 . The attached chart reflects the debt tax rate impact that refunding of outstanding debt and the issuance of $3 million in General Obligation Street Bonds will have . The chart includes issuance of 1111$775, 000 in Contract Obligations for equipment proposed in the FY1993-94 budget . A schedule of events showing the timing of the sale is also included. Mr. Sabonis will be at the Council meeting next Tuesday to discuss details of the proposal . 1 i-0—(1JRAl. k-eat-0— LAH ag9-7bnd Rc t . • 0 0 % CITY OF SOUTHLAKE, TEXAS D W ANNUAL ANNUAL TAX LEVY PER $100 TAX PER$100,000 VALUE LO Post-Rot. Post-Ref. Post-Ref. m plus plus plus `•'•' $3,000,000 $3,000,000 $3,000,000 ID Year Valuation(1) $775,000 $775,000 $775,000 a cn 1994 $680,726,000 $1,130,953 0.1695 $169,53 0 1995 $714,762,300, 1,328,169 0.1896 189.61 c 1996' $750,500,415 1,407,955 0,1914 191.43 1997 $788,025,436 1,347,129 0.1744 174.44 N 1998 $827,426,708 ' 1,347,564 0.1662 166.19 0 1999 $868,798,043 1,276,484 0.1499 149.92 2000 $912,237,945 1,082,331 0.1211 I 121.07 6- 2001 $957,849,842 1,084,115 0.1155 115.49 1 2002 $1,005,742,334 t 1,089,294 0.1105 110.52 r2003 $1,056,029,451 1,092,445 0.1056 105,56 2004 $1,108,830,924 1,102,554 0.1015 101.46 2005 $1,164,272,470 1,095,007 0.0960 I 95.97 2006 $1,222,486,093J 1,095,063 0.0914 91.40 2007.. $1,283,610,398 1,097,222 0.0872 B7.22 2008 $1,347,790,918 1,111,237 0.0841 84.13 2009 $1,415,180464 1,111,079 0.0801 80.11 2010 $1,485,939,487 773,007 0.0531 53.08 2011 $1,560,236,481 779,875 0.0510 51.00 2012 $1,638,248,284 510,021 0.0318 31.77 2013 $1,720,160,699 389,472 0,0231 23.10 2014 $1,806,168,734 253,440 0.0143 14.32 $21,504,413 4 7 1)Assessed valuation projection based on: R A) 1993-94 Assessed Valuation Estimate= $680,726,000 A B)Annual Corn pound Assessed Valuation Growth Rate = 5.00% C)Tax Levy Collection Rates 98.00% r• • City of Southiake, Texas General Obligation Refunding and Improvement Bonds, Series 1993 • and Contractual Obligations, Series 1993 Schedule of Events Completed Prepare and send list of information required to prepare official statements for bond and obligation sales Completed Receive required official statement information from City September 7 1st reading of bond and obligation ordinances September 10 Draft preliminary official statement sent to City, Bond Counsel, Underwriters, and Underwriters' Counsel for review and comments September 15 Receive comments on draft preliminary official statement September 21 2nd reading of bond and obligation ordinance September 23 Distribute final preliminary official statement for bonds sale to City,Bond Counsel, Underwriters, Underwriters' Counsel, Rating Services and Insurance Companies October 5 Receive bond and obligation ratings, and insurance qualification and quotes • October 7 Bond and Obligation pricing October 12 Council adopts bond and obligation issuance ordinances Signing of bond purchase agreements October 14 to Attorney General's office reviews and approves transactions November 15 (review of all legal documents) October 15 Distribute final official statement to City, Bond Counsel, Underwriters, Underwriters' Counsel, Rating Services and Insurance Company November 16 Deliver bonds and obligations to Underwriters and City receives funds. 411 ( b- �