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1993-10-05 CC PACKET uLI- 1-OD nu 10.10 Iit1VdWLL lau Inn 11v. YLIUVIU A I kIL CARROLL INDEPENDENT SCHOOL DISTRICT 1201 N.CARROLL AVENUE ■ SOUTHLAKE.TEXAS 76092 • (817)481-5775 • OR.ANNETTET.GRIFFIN j D STEVE JOHNSON sUPrRINTENDENT r DIRECTOR OF SPECIAL SERVICES �ii WILLIAM R.BRANUM II ,,,,:: PATRICKT_SHELBOUR NE,C.P.A. ASSISTANT SUPERINTENDENT f BUSINESS MANAGER DR.CATHY BRYCE y�,� CURRICULUM DIRECTOR , �_ .;, k fir• Ihdli `1 x aan 4 "1feart of the Cokkn `Triangle" September 30, 1993 Mayor Gary Fickes and the Southlake City Council City of Southlake 667 North Carroll Ave. Southlake, TX 76092 Dear Mayor Fickes: We are requesting the services of City Manager, Curtis Hawk, to serve for an • indefinite period of time on the Carroll ISD Long Range Planning Committee beginning October, 1993. Please let me know if you agree to this request. Sincerely, • (., !...3,44.4...,____ Bill Branum Superintendent 0 5 A - 1 City of South lake,Texas CITY MANAGER MEMORANDUM September 30, 1993 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance 593-TMRS Buy-Back Provision During the FY1993-94 Budget work sessions the City Council approved the TMRS Buy-Back provision. In order to make the option official, the Council must adopt an ordinance approving the option. This option allows employees with previously forfeited TMRS service to regain credit for that service, by redepositing the amount previously withdrawn plus a 5% per year withdrawal fee. The City becomes obligated for matching the employee contribution at retirement . Forfeited service that is purchased under this provision is once again included in the creditable service needed by an employee to qualify for a retirement benefit . TMRS has notified the City that the contribution rate for 1993 (4 . 26%) and 1994 (4 . 82%) will be increased by 1 .32% if the City adopted this provision. There are 15 out of. 85 employees eligible for the Buy-Back option. These employees can at any time make their contributions to the system to benefit . It is estimated that this will increase the City' s TMRS contributions by $35,000 for the FY1993-94 year. At the September 21 City Council meeting, ordinance 593 was approved on first reading. The ordinance is submitted for second reading and final approval. (4“.,04th\-1-10(24 LAH ord5 93 vW�rggE BOARD OF TRUSTEES: y�V STAFF: Ronald E.Co:, °},,f i.' Gary W.Anderson, Ciry Mgr.,Friendrwood `" Executive Director Stephen McCullough, Pamela Carter, Acting City Mgr.,IrvingTMRS Comptroller Jim Starr, Gary Craig, City Mgr.,Hurst Investment Officer Andres Vega,Jr., Eric W.Davis, City Mgr.,Brownsville Membership Development Officer Charles Wilson, Shirley Watts, Training Officer,Fire Department, Waco Texas Municipal Retirement System Member Benefits Manager P.O.Box 149153 Austin,Texas 78714-9153 (512)476-7577 August 23, 1993 Mr. Curtis Hawk -1 City Manager [� U City of Southlake 667 North Carroll Avenue AUG2 51993 Southlake, Texas 76092 Dear Curtis: OFFICE OF CITY MANAGER We have completed the "Buy-Back" study for the City of Southlake and it has been determined that the City's 1993 contribution rate would increase by 1.32% if this benefit is adopted. If the City adopts Updated Service Credit effective the first of the year, the rates in the Updated Service Credit study should be increased by the same amount. I feel sure the City of Southlake will want to adopt this provision and I am enclosing the necessary model ordinance (TMRS-H). Please note, the dates in Sections 1 and 2 of the adopting ordinance must indicate the actual date on which the ordinance is finally adopted. When the ordinance has been finally passed and approved, we will appreciate receiving a copy for our records. Also enclosed are Buy-Back Applications for all city employees who have forfeited service. Each employee who is interested should complete his application and return it to us along with his check. Upon receipt of the applications and the amount of deposits previously withdrawn, plus the withdrawal charge, each individual will be credited with the additional months of creditable service shown on his application. Each employee is encouraged to buy this service back as soon as possible in order to eliminate any further withdrawal charge. If you should need additional information, please feel free to contact us. ince�rely, Eric W. Davis Membership Development Officer EWD/dh Enclosures Buy-Back Applications Model Ordinance (TMRS-H) 7a -2 Providing retirement security for municipal employees since 1948. � I ITY OF SOUTHLAKE, TEXAS • NANCE NO. 593 ; AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO , ! HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS , ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING ; THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH I! SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ' ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF iTHIS CITY. WHEREAS, the actuary of the Texas Municipal Retirement System has I'determined that all obligations charged against the City' s account in the municipality accumulation fund, including the obligations arising as a result of this ordinance, can be funded by the 'City within its maximum contribution rate and within its amortization period; and WHEREAS, the City Council has determined that adoption of this ordinance is in the best interests of the City; NOW, THEREFORE, BE IT ORDAINED .BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That pursuant to Section 63 . 003 of Subtitle G of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, the 'City of Southlake hereby elects to allow any member of Texas Municipal Retirement System who is an employee of this City on the day of , 19 , who has terminated a previous membership in said System by withdrawal of deposits while absent from service, but who has at least 24 months of credited service as an employee of this City since resuming membership to deposit with the System in a lump sum the amount withdrawn, plus a withdrawal charge of five per cent (5%) of such amount for each year from date of such withdrawal to date of redeposit, and thereupon such member shall be allowed credit for all service to which the member had been entitled at date of termination of the earlier membership, with like effect as if all such service had been rendered as an employee of this City, whether so rendered or not . The City of Southlake agrees to underwrite and hereby assumes the obligations arising out of the granting of all such credits, and agrees that all such obligations and reserves required to provide such credits shall be charged to this City' s account in the municipality accumulation fund. The five per cent (5%)1 per annum withdrawal charge paid by the member shall be deposited to the credit of the City' s account in said municipality accumulation fund; and the deposits of the amount previously withdrawn by the member shall be credited to his or her individual account in the employees saving fund of the System. Section 2 . That 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. b:593I'ORD/ORD/kb Page 1 �Q 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 I _ ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY!'ATTORNEY DATE ADOPTED: EFFECTIVE: I: I b:593.011D/ORD/kb Page 2k //Q 5/ FIELDING, BARRETT & TAYLOR, L.L.P. Carvan E.Adkins ATTORNEYS Susan S.Jones Robert M.Allibon ATRIUM CENTRE Wayne K.Olson Daniel R. Barrett* 8851 HIGHWAY 80 W STE 300 Tim G.Sralla•• Elizabeth Elam FORT WORTH TX 76116-6041 J.Mark Sudderth 4 'd Fielding TELEPHONE(817)560-0303 E Allen Taylor,Jr. shine Garrett FAX(817)560-3953 James P.Wagner Tenn Gidel Wendy R.Wilson wayne D. Hitt Analeslie Muncy Susan H.Holloway -of Counsel 'Board Certified Personal Injury Trial Law— "Board Certified Civil Appellate Law— Texas Board of Legal Specialization Texas Board of Legal Specialization Civil Trial Specialist— National Board of Trial Advocacy August 25, 1993 Mr. Curtis Hawk I]. ig 11 City of Southlake ;III 667 North Carroll Avenue n Southlake, Texas 76092 ) fleFCI}'diTV• Dear Curtis: MANAGER 4 Enclosed is a draft of the cable rate regulation ordinance that the city council will need to consider in connection with becoming certified by the FCC to regulate basic cable rates. A rate regulation ordinance should be adopted by early in October. This will give you plenty of time to notify the cable operator and prepare for regulation, since the FCC has extended the freeze on rates until November 15. If your city council would like a legal briefing on this proposed ordinance, please let one of the attorneys in the office know. 110 This office is preparing the certification application form for you. It will be sent by Federal Express in order to arrive at the FCC on September 1, the first day that the FCC will accept applications . As you recall, if the city does not hear from the FCC in 30 days, the city is automatically certified at that time. After certification, the city must adopt a rate regulation ordinance and notify the cable operator of its qualification to regulate basic cable rates. The city council may adopt the rate regulation ordinance before becoming certified if it so desires. We have just received the FCC form for requesting the FCC to regulate the expanded tier. As soon as the certification forms for regulation of basic rates have been completed, we will pursue completion and submission of the expanded tier forms. If you have any questions, please give me a call. Since ely, d Analeslie uncy 1110 AM/ds slake\cable. 1t3 1- e)1 Ill 'ORDINANCE 01 _` AN ORDINANCE OF THE CITY OF SOUTHLAKE; PRESCRIBING REGULATIONS FOR RATES CHARGED TO CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. '; ' '1 14. , - - - - •era Communi . .4. . Commission - C" ) has i ued rules pursuant to the Cable Television Consumer Protection and Competition Act, Pub. L. No. 102-385 ( 1992) ( "1992 Cable Act" ) , implementing the regulation of cable television subscriber rates; and WHEREAS, these rules allocate the regulation of rates for the basic service tier and associated equipment rates to local franchising authorities and require local authorities to become certified and adopt their own regulations governing the process of rate regulation; and WHEREAS, the City of Southlake franchises cable television service for the benefit of its citizens; and ID WHEREAS, the city has submitted its application for certification to the FCC and it is expedient to adopt the required regulations now, in order to implement regulations at the earliest possible date to obtain the most competitive rates for the city's cable ratepayers; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. DEFINITIONS. In this ordinance: BASIC CABLE RATES means the monthly charges for a subscription to the basic service tier and the associated equipment. BASIC SERVICE TIER means a separately available service tier to which subscription is required for access to any other tier of service, including as a minimum, but not limited to, all must- carry signals, all PEG channels, and all domestic television signals other than superstations . BENCHMARK means a per channel rate of charge for cable service 1111 - 1 - - "1 - (2. S and associated equipment which the FCC has determined is reasonable. CABLE ACT OF 1992 means the Cable Television Consumer Protection and Competition Act of 1992 . • CABLE OPERATOR means any person or group of persons: (A) who provide cable service over a cable system and directly or through one or more affiliates owns a significant interest in such a cable system; or (B) who other wise controls or is responsible for, through any arrangement, the management and operation of such a cable system. CHANNEL means a unit of cable service identified and selected by a channel number or similar designation. COST OF SERVICE SHOWING means a filing in which the cable operator attempts to show that the benchmark rate or the price cap is not sufficient to allow the cable operator to fully recover the costs of providing the basic service tier and to continue to attract capital. 4111 EQUIPMENT BASKET means a cost center to which the cable operator assigns the direct costs of service installation, leasing, maintaining and servicing customer equipment. It includes an allocation of all system joint and common costs that installation, leasing, and repairing equipment share with other system activities and a reasonable profit, but excludes general system overhead. FCC means the Federal Communications Commission. HSC means the hourly service charge that allows the cable operator to recover all equipment basket costs, except for the cable operator's costs of purchasing and financing the lease of customer equipment. INITIAL BASIC CABLE RATES means the rates that the cable operator is charging for the basic service tier, including charges for associated equipment, at the time the city notifies the cable operator of the city's qualification and intent to regulate basic cable rates . MUST-CARRY SIGNAL means the signal of any local broadcast station (except superstations which is required to be carried on the basic service tier. 1111 - 2 - 1110 PEG CHANNEL means the channel capacity designated for public, educational, or governmental use, and facilities and equipment for the use of that channel capacity. PRICE CAP means the ceiling set by the FCC on future increases in basic cable rates regulated by the city, based on a formula using the GNP fixed weight price index, reflecting general increases in the cost of doing business and changes in overall inflation. REASONABLE RATE STANDARD means a per channel rate that is at, or below, the benchmark or price cap level. SUPERSTATION means any non-local broadcast signal secondarily transmitted by satellite. SECTION 2. INITIAL REVIEW OF BASIC CABLE RATES. (a) Notice. Upon the adoption of this ordinance and the certification of the city by the FCC, the city shall immediately notify all cable operators in the city, by certified mail, return receipt requested, that the city intends to regulate subscriber rates charged for the basic service tier and associated equipment 4110 as authorized by the Cable Act of 1992 . (b) Cable operator response. Within 30 days of receiving notice from the city, a cable operator shall file with the city, its current rates for the basic service tier and associated equipment and any supporting material concerning the reasonableness of its rates . (c) Expedited determination and public hearing. ( 1 ) If the city council is able to expeditiously determine that the cable operator's rates for the basic service tier and associated equipment are within the FCC's reasonable rate standard, as determined by the applicable benchmark, the city council shall: (A) hold a public hearing at which interested persons may express their views; and (B) act to approve the rates within 30 days from the date the cable operator filed its basic cable rates with the city. ( 2 ) If the. city council takes no action within 30 days from the date the cable operator filed its basic cable rates with the city, the proposed rates will continue in effect. S - 3 - • (d) Extended review period. ( 1) If the city council is unable to determine whether the rates in issue are within the FCC's reasonable rate standard based on the material before it, or if the cable operator submits a cost-of-service showing, the city council shall, within 30 days from the date the cable operator filed its basic cable rates with the city and by adoption of a formal resolution, invoke the following additional periods of time, as applicable, to make a final determination: (A) 90 days if the city council needs more time to ensure that a rate is within the FCC's reasonable rate standard; or (B) 150 days if the cable operator has submitted a cost-of-service showing seeking to justify a rate above the applicable benchmark. (2 ) If the city council has not made a decision within the 90 or 150 day period, the city council shall issue a brief written order at the end of the period requesting the cable operator to keep accurate account of all amounts received by reason of the proposed rate and on whose behalf the amounts are paid. (e) Public hearing. During the extended review period and 410 before taking action on the proposed rate, the city council shall hold at least one public hearing at which interested persons may express their views and record objections. (f) Objections. An interested person who wishes to make an objection to the proposed initial basic rate may request the city secretary to record the objection during the public hearing or may submit the objection in writing anytime before the decision resolution is adopted. In order for an objection to be made part of the record, the objector must provide the city secretary with the objector's name and address . (g) Benchmark analysis. If a cable operator submits its current basic cable rate schedule as being in compliance with the FCC' s reasonable rate standard, the city council shall review the rates using the benchmark analysis in accordance with the standard form authorized by the FCC. Based on the city council's findings, the initial basic cable rates shall be established as follows: ( 1 ) If the current basic cable rates are below the benchmark, those rates shall become the initial basic cable rates and the cable operator's rates will be capped at that level. ( 2 ) If the current basic cable rates exceed the 1111 - 4 - ``l- Gs S benchmark, the rates shall be the greater of the cable operator's per channel rate on September 30, 1992, reduced by 10 percent, or the applicable benchmark, adjusted for inflation and any change in the number of channels occurring between September 30, 1992 and the initial date of regulation. ( 3 ) If the current basic cable rates exceed the benchmark, but the cable operator's per channel rate was below the benchmark on September 30, 1992, the initial basic cable rate shall be the benchmark, adjusted for inflation. (h) Cost-of-service showings. If a cable operator does not wish to reduce the rates to the permitted level, the cable operator shall have the opportunity to submit a cost-of-service showing in an attempt to justify a initial basic cable rates above the FCC's reasonable rate standard: The city council will review a cost- of-service submission pursuant to FCC standards for cost-of- service review. The city council may approve initial basic cable rates above the benchmark if the cable operator makes the necessary. showing; however, a cost-of-service determination resulting in rates below the benchmark or below the cable operator's September 30, 1992 rates minus 10 percent, will prescribe the cable operator's new rates . S (i) Decision. ( 1) By formal resolution. After completion of its review of the cable operator's proposed rates, the city council shall adopt its decision by formal resolution. The decision shall include one of the following: (A) If the proposal is within the FCC's reasonable rate standard or is justified by a cost-of-service analysis, the city council shall approve the initial basic cable rates proposed by the cable operator; or (B) If the proposal is not within the FCC's reasonable rate standard and the cost-of-service analysis, if any, does not justify the proposed rates, the city council shall establish initial basic cable rates that are within the FCC's reasonable rate standard or that are justified by a cost-of- service analysis. (2 ) Rollbacks and refunds. If the city council determines that the initial basic cable rates as submitted exceed the reasonable rate standard or that the cable operator's cost- of-service showing justifies lower rates, the city council may order the rates reduced in accordance with Paragraph (g) or (h) above, as applicable. In addition, the city council may order the IIIcable operator to pay to subscribers, refunds of the excessive - 5 - '--t — e:. ca • • • portion of the rates with interest (computed at applicable rates published by the Internal Revenue Service for tax refunds and additional tax payments ) , retroactive to September 1, 1993. The method for paying any refund and the interest rate will be in accordance with FCC regulations as directed in the city council's decision resolution. (3) Statement of reasons for decision and public notice. If rates proposed by a cable operator are disapproved in whole or in part, or if there were objections made by other parties to the proposed rates , the resolution must state the reasons for the decision and the city council must give public notice of its decision. Public notice will be given by advertisement once in the official newspaper of the city. (j ) Appeal. The city council's decision concerning rates for the basic service tier or associated equipment, may be appealed to the FCC in accordance with applicable federal regulations. SECTION 3. REVIEW OF REQUEST FOR INCREASE IN BASIC CABLE RATES. (a) Notice. A cable operator in the city who wishes to increase the rates for the basic service tier or associated 4111 equipment shall file a request with the city and notify all subscribers at least 30 days before the cable operator desires the increase to take effect. This notice may not be given more often than annually and not until at least after the determination of the initial basic cable rates . (b) Expedited determination and public hearing. ( 1) If the city council is able to expeditiously determine that the cable operator's rate increase request for basic cable service is within the FCC 's reasonable rate standard, as determined by the applicable price cap, the city council shall: (A) hold a public hearing at which interested persons may express their views ; and (B) act to approve the rate increase within 30 days from the date the cable operator filed its request with the city. ( 2 ) If the city council takes no action within 30 days from the date the cable operator filed its request with the city, the proposed rates will go into effect. (c) Extended review period. ( 1 ) If the city council is unable to determine whether the rate increase is within the FCC's 4111 - 6 - • reasonable rate standard based on the material before it, or if the cable operator submits a cost-of-service showing, the city council shall, by adoption of a formal resolution, invoke the following additional periods of time, as applicable, to make a final determination: (A) 90 days if the city council needs more time to ensure that the requested increase is within the FCC's reasonable rate standard as determined by the applicable price cap; and (B) 150 days if the cable operator has submitted a cost-of-service showing seeking to justify a rate increase above the applicable price cap. (2 ) The proposed rate increase is tolled during the extended review period. • ( 3 ) If the city council has not made a decision within the 90 or 150 day period, the city council shall issue a brief written order at the end of the period requesting the cable operator to keep accurate account of all amounts received by reason of the proposed rate increase and on whose behalf the amounts are paid. 4110 (d) Public hearing. During the extended review period and before taking action on the requested rate increase, the city council shall hold at least one public hearing at which interested persons may express their views and record objections. (e) Objections. An interested person who wishes to make an objection to the proposed rate increase may request the city secretary to record the objection during the public hearing or may submit the objection in writing anytime before the decision resolution is adopted. In order for an objection to be made part of the record, the objector must provide the city secretary with the objector's name and address . (f) Delayed determination. If the city council is unable to make a final determination concerning a requested rate increase within the extended time period, the cable operator may put the increase into effect, subject to subsequent refund if the city council later issues a decision disapproving any portion of the increase. (g) Price cap analysis. If a cable operator presents its request for a rate increase as being in compliance with the FCC's price cap, the city council shall review the rate using the price cap analysis in accordance with the standard form authorized by the • - 7 - • FCC. Based on the city council's findings, the basic cable rates shall be established as follows : ( 1 ) If the proposed basic cable rate increase is within the price cap established by the FCC, the proposed rates shall become the new basic cable rates . (2 ) If the proposed basic cable rate increase exceeds the price cap established by the FCC, the city council shall disapprove the proposed rate increase and order an increase that is in compliance with the price cap. (h) Cost-of-service showings. If a cable operator submits a cost-of-service showing in an attempt to justify a rate increase above the price cap, the city council will review the submission pursuant the FCC standards for cost-of-service review. The city council may approve a rate increase above the price cap if the cable operator makes the necessary showing; however, a cost-of- service determination resulting in a rate below the price cap or below the cable operator's then current rate will prescribe the cable operator's new rate. (i), Decision. The city council's decision concerning the requested rate increase, shall be adopted by formal resolution. . S If a rate increase proposed by a cable operator is disapproved in whole or in part, or if objections were made by other parties to the proposed rate increase, the resolution must state the reasons for the decision. Objections may be made at the public hearing by a person requesting the city secretary to record the objection or may be submitted in writing at anytime before the decision resolution is adopted. ( j ) Refunds. ( 1 ) The city council may order refunds of subscribers ' rate payments with interest if: (A) the city council was unable to make a decision within the extended time period as described in Paragraph (c) above; and (B) the cable operator implemented the rate increase at the end of the extended review period; and (C) the city council determines that the rate increase as submitted exceeds the applicable price cap or that the cable operator failed to justify the rate increase by a cost-of- service showing, and the city council disapproves any portion of the rate increase. 1110 - 8 - ( 2 ) The method for paying any refund and the interest ® rate will be in accordance with FCC regulations as directed in the city council 's decision resolution. (k) Appeal. The city council's decision concerning rates for the basic service tier or associated equipment, may be appealed to the FCC in accordance with applicable federal regulations . SECTION 4. CABLE OPERATOR INFORMATION (a) City may require. ( 1 ) In those cases when the cable operator has submitted initial rates or proposed an increase that exceeds the reasonable rate standard, the city council may require the cable operator to produce information in addition to that submitted, including proprietary information, if needed to make a rate determination. In these cases, a cable operator may request the information be kept confidential in accordance with this section. ( 2 ) In cases where initial or proposed rates comply with the reasonable rate standard, the city council may request additional information only in order to document that the cable operator's rates are in accord with the standard. 1111 (b) Request for Confidentiality. ( 1 ) A cable operator submitting information to the city council may request in writing that the information not be made routinely available for public inspection. A copy of the request shall be attached to and cover all of the information and all copies of the information to which it applies . ( 2 ) If feasible, the information to which the request applies shall be physically separated from any information to which the request does not apply. If this is not feasible, the portion of the information to which the request applies shall be identified. ( 3 ) Each request shall contain a statement of the reasons for withholding inspection and a statement of the facts upon which those reasons are based. (4 ) Casual requests which do not comply with the requirements of this subsection, shall not be considered. (c) City council action. . Requests which comply with the requirements of Subsection (b) , will be acted upon by the city council. The city council will grant the request if the cable 4111 - 9 - 410 operator presents by a preponderance of the evidence, a case for nondisclosure consistent with applicable federal regulations. If the request is granted, the ruling will be placed in a public file in lieu of the information withheld from public inspection. If the request does not present a case for nondisclosure and the city council denies the request, the city council shall take one of the following actions: ( 1 ) If the information has been submitted voluntarily without any direction from the city, the cable operator may request that the city return the information without considering it. Ordinarily, the city will comply with this request. Only in the unusual instance that the public interest so requires, will the information be made available for public inspection. ( 2 ) If the information was required to be submitted by the city council, the information will be made available for public inspection. (d) Appeal. If the city council denies the request for confidentiality, the cable operator may seek review of that decision from the FCC within five working days of the city council 's decision, and the release of the information will be stayed pending review. 410 SECTION 5. AUTOMATIC RATE ADJUSTMENTS (a) Annual inflation adjustment. In accordance with FCC regulations, the cable operator may adjust its capped base per channel rate for the basic service tier annually by the final GNP- PI index. (b) Other external costs. ( 1 ) The FCC regulations also allow the cable operator to increase its rate for the- basic service tier automatically to reflect certain external cost factors to the extent that the increase in cost of those factors exceeds the GNP- PI. These factors include retransmission consent fees, programming costs, state and local taxes applicable to the provision of cable television service, and costs of franchise requirements. The total cost of an increase in a franchise fee may be automatically added to the base per channel rate, without regard to its relation to the GNP-PI . ( 2 ) For all categories of external costs other than retransmission consent and franchise fees, the starting date for measuring changes in external costs for which the basic service per channel rate may be adjusted will be the date on which the basic S - 10 - service tier becomes subject to regulation or February 28, 1994, 1110 whichever occurs first. The permitted per channel charge may not be adjusted for costs of retransmission consent fees or changes in those fees incurred before October 6, 1994 . (c) Notification and review. The cable operator shall notify the city at least 30 days in advance of a rate increase based on automatic adjustment items. The city shall review the increase to determine whether the item or items qualify as automatic adjustments. If the city makes no objection within 30 days of receiving notice of the increase, the increase may go into effect. SECTION 6. ENFORCEMENT (a) Refunds. The city may order the cable operator to refund to subscribers a portion of previously paid rates under the following circumstances : ( 1 ) A portion of the previously paid rates have been determined to be in excess of the permitted tier charge or above the actual cost of equipment; or 4110 (2 ) The cable operator has failed to comply with a valid rate order issued by the city. (b) Fines. If the cable operator fails to comply with a rate decision or refund order, the cable operator shall be subject to a fine of $500 for each day the cable operator fails to comply. SECTION 7 . CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 8. SEVERABILITY 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 1110 - 11 - competent jurisdiction, such unconstitutionality shall not affect 1110 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 9. PUBLICATION IN PAMPHLET FORM The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 10. PUBLICATION 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 10 days before the second reading of this ordinance, and if this ordinance provides for the imposition of any 11/0penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty, in the official City newspaper one time within 10 days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 11. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1993. MAYOR ATTEST: CITY SECRETARY 1110 - 12 - 1111 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1993. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: "47 1044•A/ City Attorney Date: ADOPTED: 4111 EFFECTIVE: slake\cable.orl 110 — 13 - N1 — b ra. City of Southlake,Texas MEMORANDUM ' September 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-69 Rezoning of 1.00 Acre Tract REQUES'iUJ ACTION: Rezoning request for 1.00 acre, being a portion of a larger 1.959 acre tract situated in the 0. W. Knight Survey, Abstract No. 899, Tract 2B3C. LOCATION: West side of Buttercup Lane, North of Lilac Lane OWNER/APPLICANT: Richard and Debbie Garrett CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family-lA Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Four (4) RESPONSES: One in favor: Thomas Watson, 286 Lilac Ln. P & Z ACTION: September 23, 1993; Approved (6-0) . KPG/gj c:\wpf\mem: :ases\za93-69.zon ?A— 't.01.101\\ 411111.1010 . \ g-Vi o 4•Wri t W‘Illbro 'aiiiiir-4 00114.iltlett-liik 01**10 0.119P4 ?OW!. 4r0 • .11011 OS 1111' OPP" O. .;1111, ,, ottistir_111 I L. ItoOt 11001.0.111•400 TA AO rAttlIta4 1711. 411 l'i - f 1.I.P 0 401 0-011A140.• 04 irvAL .swi IiiiihS. s-. s 4 e tlnrigiiiai%la;lt.t S !�.,.r!t!,A .o1010;$111*-*••-•*' 1 ,fit•' 0rt*fit 0 tik. ' ----- ir, !, :.\--\- 0111Eirogarj...lis ,t-1"10 hip 3+1 IA IOW.V41-71111101 10 A '- - -;iii II, .1 PP..-,.1‘0,•',t' iii 1‘,.? 10, , irillA`' Ilk,_ ttyg!.. It 10 9 .v SI\ , ._ 'Pl..- ' V. la -,, CA / y p 0 \.1 .Fiii, 1004 1 1111 . Illirtri/Of A$V." 60 1\w *kW .%A-t, 4,400 it OM'-'"5,-;;; Jo' 001 ,. 1 .0..#tirialtiti"k„ „, .." igi r' V. ili lir W.,..-N IF \ ,c \F r ° 0 ,�:.b 110 ' j`'i`. Ilia Pao \ r � ‘ii ° „ i ‘ Will SAESSIt ' VW• fa* ,c,:t Anew- \ Or" 0 , 't ii/10 , i '' c-,400 , --. • \ 1 ,'- ' 01811r11110A ' Pon v,A , 1 441' "I VIIII•014 • t's ro k.,..00 .4,0 , . 07. _1 ,.,- 1,vt\ \NI:\ tielliali. ir` \ SS St\41. ..;;s fr. (PI ' %Nil .... iiiiii Ilk IO°014 t. Lille% ‘ad C P1/47" i \ %A d \ `t!�iV�•' ,�jt;� t jam-.`-�ir�i j ` r aa0 - as --`_) I un,. I uu.. I aa.a I Ma., I I aea ,qa ..m t - TR 2A2 l I 1.19 AC \ \ i '0' TR 2A3 TR 2A1B 20.0 AC f1 .97 AC �• \• \ -,...,,. TR 2A5 •/j ~�..—._ a•o:, AC b NAY \`.,�r I .W / .,. G T R 2 �I SB �{ �S T2MARRON LAND CORi 21.0 AL 1.722��J��a ✓ ( (L\ EE K 1 ,1 J .0 "R—PUD" ty. ( 2BMAARON �.,5rprti - I I 2A 1.256 399 "R-PUD" i ! AC4 .,, TR 282 Q' CUR g ar 2o.os AC - 9 • .0 ... A y I. \ �J 04. ` MCCOM85, MI .Wi TIMARRON SAND CORP. \ r.� "AG" o( ,. - 8 "R—PUD"t..J,1TR 2B $ TR 2B3A $ a15.1 AC2.33 AC W VN26pp . • civ.. s m 7 p. WATSON. Tleft , LILAC LN N _ — �'�` ( .�,.- ,., L. 5/0 "R-288" i \. ADJACENT OWNERS & ZONING ..-•�••" t. l. TR 2C1 TR 2C1A / 30.65 AC TR 2:2 8.15 AC /� 10.18 AC (7.15 AC) (1.0 AC) - ,---' '� /j j j j l _nt4 • �.i CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-96 AN o'DINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE Co PREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, . 'ERAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 1. 00 ACRE TRACT OF A LARGER 1 . 959 ACRE TRACT OF LAND OUT OF THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, TRACT 2B3C, 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. . WH ity 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 c= 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 exoected 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:\ORD\ZONING\480.96 Page 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 1. 00 acre tract of a larger 1 . 959 acre tract of land out of the O.W. Knight Survey, Abstract No. 899, Tract 2B3C, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. C:\ORD\ZONING\480.96 Page 2 From "AG" Agricultural to "SF-1A" Single Family-lA Residential . 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 zoninc 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 C:\ORD\ZOICNG\48'D.96 Page 3 violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts . Section 9 . The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the Lime and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. Section 10 . This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1993 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1993 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE : C:\ORD\ZONING\480.96 (//) rJ Page 4 d /T / EX-IBIT "A" Proposed Lot 3, O. W. KNIGHT No. 899 ADDITION Description for a tract of land situated in the O. W. Knight Survey, Abstract 899, County of Tarrant, and being more particularly described as-follows: COMMENCING at a I" iron pin found for the northeast corner of a 5.2 acre tract of land described in a deed to Billy D. Mitchell, et ux, recorded in Volume 4447, Page 731, Deed Records, Tarrant County, Texas, said pin also lying in the west line of Buttercup Road, as described in Volume 5215, Page 817, Deed Records, Tarrant County, Texas; Thence South 01 degree 27 minutes 00 seconds East a distance of 148.79 feet along the east line of said Mitchell tract and along the west line of Buttercup Road to a 1/2"iron pin set with cap marked, "AREA SURVEYING"for the POINT OF BEGINNING of the herein described tract; THENCE South 01 degree 27 minutes 00 seconds East a distance of 152.71 feet, continuing along the east lire of said Mitchell tract and along the west line of Buttercup Road to a to a 1/2"iron pin found; THENCE North 89 degrees 38 minutes 11 seconds West a distance of 286.63 feet to a 3/8"iron pin found in the east line of a 2.33 acre tract of land described in a deed to Marrion McCombs, et ux, recorded in Volume 6667, Page 868, Deed Records, Tarrant County, Texas; THENCE North 00 degrees 31 minutes 00 seconds West a distance of 152.65 feet along the east line of said McCombs tract to a 1/2" iron pin se; with cap marked, "AREA SUR YEYING"; THENCE South 89 degrees 38 minutes 11 seconds East a distance of 284.14 feet to the POINT OF BEGINNING. said described tract containing 1.C.00 acre of land. r (:)8//V9_Y' C:\ORD\ZONING\480.96 �> Page 5 (911. , f� City of Southlake,Texas MEMORANDUM September 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-70 Rezoning of 0.959 Acre Tract REQUESTED ACTION: Rezoning request for 0.959 acres, being a portion of a larger 1.959 acre tract, situated in the 0. W. Knight Survey, Abstract No. 899, Tract 2B3C. LOCATION: West side of Buttercup Lane, North of Lilac Lane OWNER/APPLICANT: Richard and Debbie Garrett CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-20B" Single Family-20B Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Four (4) RESPONSES: One in favor: Thomas Watson, 286 Lilac Ln. STAFF COMMENTS: This proposed lot is the site of the Garrett's existing home. They have requested this zoning so that the existing home will be conforming with the 1,500 s.f. minimum rather than the 1, 800 s.f. required in the "SF-30" district. Kirk Fuqua with Tarrant County Health Department has approved the existing septic system with the proposed lot size and configuration. P & Z ACTION: September 23, 1993; Approved (6-0) 4 KPG/gj c:\wpf\memo cases\za93-70.zon 413- 1 1 ttAz I t IlL!) im.w7 NACIdA 0 ' [Cal! a • tc 11111111 I.. SI. >w w 7 • 8 t 1 3£ F 1:.. .y lW 1/' F� y1 "�j Lx i I au • A--iK3:3 `.ut Rw. to ! to w tct ON y+� Sot Sot x r3 to .11:41 Hi MEP . :' �C (A•�" � 371 Sot _ _ - x yea z x`z i sf SE sod sot sc SA IN p IC EWAN 1 x 1 •PEI. ...., L Sa ' r fp 371 _ I ]N ig iR Si X ,� F 711C U1 Uf0 2A2 US 2A] 2 31: 40 44 '�i ov U18 S / 1051e5 • W { a BS xi, A t 101 m ,F e 2131 Ifto �" *MEDIA W. KNIGHT)f ; � 4 4E r . ' 1 HIRIALI G Fh DIE �.of • 0 • ...\ 2C a�� toA mA as L� •N ' • D AD ,cl0. - K2 IIII asoci i Mrii C ic III 6- " s,is SAt ,� — SEIA la aw ` _ �• In �, h x1 IxS _ tI hr _ - ,� �" �' it Z. , TRACT LOCATION MAP '�1.1 " ME i J 4.� If .= 231 SLR11.LfY A_,OJI lc , 1�'iiiii�� 1 DARN F 1,1 SLR A-'' 0 ,0 , M. I w 0 ,,O3 0,45 1011J • i WO \y TR 2A2 l 1.19 AC \\ `\ \0\ TR 2A3 TR 2A1B 20.0 AC 97 AC f A Ka 6.OS AC 2 • �'�.�_, ,�\ �� \.a 1n ? ' 1U Q'( TIKAnnox LAND coat .11.(I AI, 1) 1.722 1 `y ES g P CR s 1uu-vuo" ! ‘• 0 Sl (4 3 JIMAARON 9 G 7m 2A.584 1.296 3g �-."R-PUD" I- I KNnEY Af.•^� .r aw TR 2B2 C' 'cURE197 ,7 / MCCOMBS. MI , 'a TIMA�tRON NANO CORP.. \ (r "AG" O \ "R-PUD" 71 2❑ $ Tn 2R3A $ ��j 5.1 AC 2.33 AC CC cn oQ \a r\\ U CD 9 ® ✓1,1I0r�O `_ ,' poW"n1'-1A" .— a m • t V' : CO VS r NU• WATSON. T LILAC t_N • I\a 5,0 600 \ HI(.PLID" ) ADJACENT OWNERS & ZONING •--•�•'" TR 2C1 TATR 2C7t / I 30.65 AC ri 1n AC A 10.1O AC (7.15 AC) (1.0 AC) * j/ ....-/ � ..nPl �.� ORDINANCE NO. 480-97 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, T E COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAK`,, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT GR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEI APPROXIMATELY A 0 . 959 ACRE TRACT OF A LARGER 1 . 959 ACR TRACT OF LAND OUT OF THE 0.W. KNIGHT SURVEY, ABSTRACT NO 899, TRACT 2B3C, AND MORE FULLY AND COMPLETELY DESCRIBE' IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-20B" SINGL* FAMILY-20B RESIDENTIAL SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS i y of Southlake, Texas is a home rule City •er its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City' s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading C:\ORD\ZONING\480.97 Page 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 0 . 959 acre tract of a larger 1 . 959 acre tract of land out of the O.W. Knight Survey, Abstract No. 899, Tract 2B3C, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. C:\ORD\ZONING\480.97 113-5 Page 2 From "AG" Agricultural to "SF-20B" Single Family-20B Residential. 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 C:\ORD\ZONING\480.97 Page 3 r Y1-6 violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts . Section 9 . The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for 'a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3 .13 of the Charter of the City of Southlake. Section 10 . This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1993 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1993 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE : C:\ORD\ZONING\480.97 Page 4 000 A EXHIBIT "A" Proposed Lot. 4, O. W. KNIGH-IT No. Sci9 ADDITION Description for a tract of land situated in the O. W. Knight Survey, Abstract 899, County of Tarrant, and being more particularly described as follows: BEGINNING at a I" iron pin found for the rort.east corner of a 5.2 acre tract of land described in a deed to Billy D. Mitchell, et ur, recorded in Volume 4447, Page 731, Deed Records, Tarrant County, Texas, said pin also lying in the west line of Buttercup Road, as described in Volume 5215, Page 817, Deed Records, Tarrant County, Texas: THENCE South 01 degree 27 minutes 00 seconds East a distance of 148.79 feet along the east line of said Mitchell tract and along the west line of Buttercup Road to a 1/2"iron pin set with cap marked, "AREA SURVEYING"; THENCE North 89 degrees 38 minutes 11 seconds West a distance of 284.14 feet to a 1/2"iron pin set with cap marked, "AREA SURVEYING" in the east line of a 2.33 acre tract of land described in a deed to Marrior. McCombs, et ux, recorded in Volume 6657, Page 868, Deed Records, Tarrant County, Texas; THENCE North 00 degrees 31 minutes 00 seconds West a distance of 146.62 feet along the east line of said McCombs tract to a '"fence post; THENCE North 89 degrees 56 minutes 04 seconds East a distance of 281.69 feet to the POINT OF BEGINNM G, said described trek.:containing 0.959 of an acre of land. • C:\ORD\20NING\480.97 Page 5 g� 0 at City of Southlake,Texas MEMORANDUM September 28, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-71 Plat Showing REQUESTED ACTION: Plat Showing for Lots 3 and 4, O.W. Knight No. 899 Addition, being 1.959 acres situated in the O. W. Knight Survey, Abstract No. 899, Tract 2B3C. LOCATION: West side of Buttercup Lane, North of Lilac Lane OWNER/APPLICANT: Richard and Debbie Garrett CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family-lA Residential (Lot 3) , and "SF-20B" , Single Family-20B (Lot 4) LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Four (4) RESPONSES: One in favor: Thomas Watson, 286 Lilac Ln. P & Z ACTION: September 23, 1993; Approved (6-0) subject to the Plat Review Summary dated 9/17/93 . STAFF COMMENTS: The applicant has met all the review comments of the first Plat Review Summary dated September 17, 1993 with the exception of those items addressed in the attached second Plat Review Summary dated October 1, 1993 . KPG/gj • c:\wpf\memo\cases\za93-71.ps k . % . \ walLarligia. 10"100T4 4t 4, _1.. amillivtio „ 00)-1010...04.11s..-- \dia----11 111111114+0.„. 00 ' illi.fl°111. ll.. P- iii . 4,. soma ---- 011 . --- • - * ii. soirOt - t..,0***.11 - SAVi i' ‘040.-111. \ 1 I- - 4401A-Oi - - lb ' 411.10„IP ,. 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Knight No. 899 Addition OWNER/APPLICANT: ENGINEER/SURVEYOR: Richard & Debbie Garrett Area Surveying 290 Lilac Lane 102 W. Trammell St . Southlake, Texas 76092 Fort Worth, Texas 76092 PHONE: (817) 232-9448 PHONE: (817) 293-5684 FAX: FAX: (817) 293-5685 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/27/93 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 plat should be titled "Plat Showing, Lots 3 & 4, O.W. Knight No. 899 Addition..." 2 . The notary statement should be amended as follows to meet the standard format : "... executed the same for the purposes and consideration expressed and in the capacity therein stated. " * Original signatures and seals will be required on each blackline mylar prior to filing the plat . Also required are two sets of owner' s dedications and notaries (8 . 5" x 11" or 14" paper) with original signatures and seals on each. * Denotes Informational Comment cc : Richard & Debbie Garrett Area Surveying C I'. DEDICATION Lot,3 oat 4, O.W.KNIGHT No.899 ADDITION No. 33652.E ' l t --•-_ • STATE Of TEXAS I ) .,�yy .A"'- (XNMTY OF TARRANT I oat .( gOa W. ..1.Ih,aeon.(k.rellIW r ba....r.dVArtoa S - Moolool i( mar.M*emir waMO.e.W.R.bb1...1.Abr.s...44..0.asa at .4.^.• rArMd o N iW..bVIw MO.NO,111,In1T(T,rw+.�l.4ar.I yRM. _—�� t 0R0Wr01 aaPa.v►Aw1 r 4.....�....I.11 an wow l v b....I r• ..1.Bag a Yell wow row*,r M1ra.H6../.I WI.L`I.vir C. B..Creek Ic -- �y'\ tJ.� roe rrr+.r A4 WI.rrl++••ar Ism(.dawn./0.name Warr.on. Ca...ny� 1 A+► armea Tr,o.or-w rr.rr•b Mo ww..n.r...won.aa 9d..9E2a Po.we tu.a.M/•..•�w..�dyeta erWlr mewl�ar...r'a Vicinity Map .e�1.a+�..R�w(1b....nmr}...r.. 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IZ'' \-Ot�Pt- - o 7 1 I RaCEN W...WyWrq4T.RPLS IHeu.c.... m'I 2WSTrm...l5 '? �y Fort Worth.Taos 76140 STATO Or Tales I .44' S D. 6 Uri Eml, r'vb .1 1 18171 293-5684 •�En 2b6t8S--.•—..—.---- I WUNTYO/TARRANT I C7Q I l.a 6 I'�� 'I nr lhi El,A. .au b. M...A..i.�a.1 als Mo..,ar.tb 4l Mo.., RkMI Gorr.ad oat.p.4Y1. Own..Nods r. .,...eti woo of r r...i . ...rD ..rem*. w.I �� I ..a..Y.bd r.....,.,.....me ye r perm r....A.l 5.x.o...rood.b 1 t I U.W Mall no 099 Alk111 YI I. Y. IL.j1 Cahill A S{d.980 I .m.Y food u.r rr^r 1w1 I I No,has I I I Om....moo. 1 I Lilac Lane f I Plot Sh.ong Lots3 & 4. O. W. KNIGHT • No. 899 ADDITION Being a subdivision of 1.959 Acres Approved SURVEYORS CERTIFICATION in the 0. W. Knight Survey. Abstract 899. Approved Tb a r cooly.I.R.a,W.o .R.eo.d To the City of Southlake.Tarrant County. Texas. City of Southlake City of Southlake ndsadl.Is. lsdrsrlt ,O :y�...... Prepared August 16.1993 City Planning&Zoning .I.r,r.a..Af.eR.' _ • wt''' 'newt owl Wm en ra...r..k dr:wr ....I..wirYay.f)..(dr...a�1r �� .. Council Commission .rr y lre+.loam, y• . e a-d.1&^m-l•+•� '.esta This plat fled in Cabinet S6de ____. • Date: - "^' a"aa"' Tema y'.�1er... Case No.ZA 93-71 - AREA SURVEYING.INC. :Lv.r1 9*de,r ..., no air r. r...r.r..l.,........-. ...a POsa« City of Southlake,Texas • MEMORANDUM September 28, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-72 Concept Plan REQUESTED ACTION: Concept Plan approval fcr an office building on 1.04 acres, being a portion of Lot 2, Block 3, Diamond Circle Estate LOCATION: 500-block of East Southlake Blvd. , West of Diamond Circle . Blvd. OWNER: Double Creek Capital Corp. APPLICANT: Gary Yarbrough CURRENT ZONING: "C-2" Local Retail Commercial LAND USE CATEGORY: Mixed Use BACKGROUND INFO: The applicant proposes an 8, 874 s.f. , single story building which will be used as offices for Remax 114 Realtors. NO. NOTICES SENT: Nine (9) RESPONSES: One written response: * Michael C. Totin, 919 Emerald Blvd. , opposed One verbal response: * John Stevenson, in favor P & Z ACTION: September 23, 1993; Approved (5-1) subject to the Plan Review Summary dated 9/17/93, deleting the "Provided Bufferyard" column as shown in Item No. 7 and recommending that a double fence not be required on the northern boundary. STAFF COMMENTS: The applicant has met all the review comments of the first Plan Review Summary dated September 17, 1993 with the exception of those items addressed in the attached second Plan Review Summary dated Ocbnher 1, 1993 . KPG/gj oR,W , LARCSIRI cKIVEIl9 IL —, JJL $' I `'I� F. Tw OO,P' '4,0;4). k.F.- —1 ...' -P..- I .. ..) . Alik lk 0. .... . Ir. i ;), ,, , s �,� p— Emma ur. +=I II TwOpe�a rw A� � �aj '5 1 'in T ' a < d�T'�Il . . ❑ prik a "'� n w 1—M Ell ow .ram ■.11■•1? I �-• �`` 111\v ring •-•�' ;,. WOE 77.+ HALL W.W. HAIL i"= ,.. ��..va :r � 1111111112Z M(" ■�~i RICH-RD E!Ds ' �� 41111�1 :IMP1itIgnill�III • - I • 'r-reC �.- .OW I i.1��11�c: f*�- 4 '' - A giin11111"" .2�■■.1111. U11.Ri►i:�WII -- �M o ►� n 1-01/� ft MINIM morn,M Tr il�/I\gal■ *UMW ,,v Twoc�ans �tx e trapro4,11*...---44,16: Mir . n.ir��y! '' ■� . `*�� MI Esp. —Ar"'' • ♦q;A4a111��,4 IIII iElell Miti*Les:ki!‘s WI I�r♦�� `1. + � mo. ♦ T s `' • • -- MO /� — =1àL :; o.. Minim: it 0-....„-: -.ill- ., ... ._ 4 . ____.__ _-41.,_11._ _________;:_7_ __ _ ----, muyiremli . ilipmPetw. . mv • - tavr .. \ 61-: 72.4'6: -7. 'di , a a ___. ,..._ wisdr. r.i,„„,.„ . istvlii mita , '' +Tyildnir J Al• ml",3 e-MilA�� . t !-'e►Mit ifirr GYm ki -w !N. iEFIFwT ' I I I JOw-f- A. FR BMA .I J.Y. KALE P..). w7DE o �� /Il�ll• I ... auomunky-.,-Rip: = - - 7• :‘ KW:—a:g°' : ��•�-pah ��=��is I wAL rNEDLre wOLLI?1C.8Y'.oaTw 1�R!' Ti rrr :-, .. i •r` IIREM4 ;i1,.E1 \ i EAR :i...'''fi .> 1 /.11►4,►�� j�� ; 1) ' -* waaRISOM D 111 �� [kr (I� V \ L-- ------• -- ' I Jow env 1 1��j .31V - Jt n ` .= •I ey` N;021 • � � • '. I ,�4 _L i I • TRACT LOCATION MAP - .0.-$. ' , / ` . I P--J I P kIF-t 1rff- -,,,\ I I I---IEJ I I I ////ice lir TE55 6.- 7 • . TR __ S G II 9 17 G4 6 . Y 25.005 AC 1 3 ,O N' 15R 9-7 65 B O 14 13 12 11 I I _ 10 I 4 EMERALD BLVD 7 m 9 " G 15 z "SF-lA" I C i "SF-1A" • ti I 6 J nAttOHSBANC ' 10 TR 3 MAgirl F R TOTEM, M n.n7 14 ' 14 • 3 9 J 11 I STEVEHSON_ R J / . „AG„ / :1/ "0-1" DOUOLE CREE STEVENSON,,JI SOA iSA 12A O W_ HALL "C-2•0713A SURVEY E fA g.` 3A a 12A • I$ 25?OOSEAC _ A-E87 108 /\ i ig /�j/ 12B M. STE•'ENS0. TR f, .afD9 aC ig B T 3e ry - jj/�1\ll � 2 � �1J/ 138 SST E y art—' r+r� —� A-2040 4" 1 TR•2E 1 '— -_ TEXAS CTSTF 11F� -J SOUTHLAKE BLVD 20 @ •i, TR 5 E1 TR 5D4 TR'5011A " ”4:'" TR 5D2A • ...la • I 'p0 '"' 1A1/ ! 181/ 1C1/ 2A1" "281. ' I, .054 AC ; .055 @ i .107 @ .067 @ .078 @ 1` • -1 ^ a7 CHL aLDC x I 7 Tfh1Aennm IANO CORP. • u, ",AG" "R-PUD" 28 I E 2 132 I• A 7= 5Df I T3 502 I P� 6.=:3 AC J 4.48 AC R i n1T • ADJACENT OWNERS & ZONING TR SF 1 TR SE i s _i '.- I - 10.0 AC 5.916 AC TR 5E 3 I 3.946 AC 3.945 AC 9925 2A 1.68 AC 4.723 AC A • I • 1C I • 6.519 sC City of Southlake,Texas • • CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 93-72 REVIEW NO: TWO DATE OF REVIEW: 10/1/93 PROJECT NAME: Concept Plan for Building Permit for Remax 114 Office Center, 1 . 04 Acres, Lot 2, Block 3 , Diamond Circle Estates OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Gary Yarbrough Thomas W. Vogt, P.E. , R. P .L.S . 1101 E. Northwest Parkway P. O. Box 210274 Southlake, Texas 76092 Bedford, TX. 76095 PHONE : (E17) 329-3500 PHONE: (817) 284-1621 FAX: FAX: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 9/27/93 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 . Label all surrounding lots with the owner' s name and appropriate legal description: "Lot Block , Diamond Circle Estates, " including the lots to the northwest and northeast of the site. 2 . Show the level of bufferyard required along the perimeter of the property (i .e . North- 'F1' ; East- 'B' ; South- ' E' ; West- 'A' ) . 3 . Correct the entries in the "Provided Bufferyard" column in the following table to reflect the bufferyards shown cn the plan: REQUIRED BUFFERYARDS Canopy Accent Required Provided Trees Trees Shrubs North-160' 10' -Flt 10' -Flt 5 10 13 East-277 ' 10' -B 10' -B 6 8 28 South-167' 10' -E# 10' -El 2 3 13 West-277 ' 5' -A 5' -A 3 6 22 t 6' wood fence required with the indicated plantings . Requires 3 ' tall berm or hedge of shrubs over 75% of frontage. * Note the intent to meet the requirements of the masonry ordinance (i . e . 800 on all sides) . * Staff recommends that the ' F1' fence not be required at this time along the north property line to eliminate a double fence. If however, at any time in the future the existing fence is removed or falls into disrepair, it shall be the responsibility of this development to provide a fence meeting the ' F1' requirements . * The Fire Marshal' s review indicated that upon submittal of the development site plan all drives shown should have turning radii of 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 . g It ` City of Southlake,Texas • * 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, Water & Sewer Impact and Tap Fees, and related Permit Fees . * Preliminary review of the interior landscaping requirement for this site indicates the following breakdown of plantings : Canopy Accent Ground Trees Trees Shrubs Cover Area req'd = 4 ,437 s . f . * 7 15 74 444 s . f . * Of this total, 460 s . f . must be in the parking area. * All signs, culverts and/or approaches must be permitted separately. * Denotes Informational Comment cc : Gary Yarbrough Thomas W. Vogt, P.E. , R.P.L.S. c:\wpf\rev\93-72.cp 8 T1- 5 4 I— -1 II I ti LOT 6 � �,..-� ZONED SF~I-A, ' ZONED SI-1-A T. II AMA .UM =CM. ru�o�a.u.... 'p•arwr• Loa.u. u I •'MI.Ma...or plat K ee.-In.h. =mom 4) PORTION OP ZONED, C-2 I LOT 2 LILO. -MIXED USE I —O'-'-"___,-4I I III _L_1_J__�_BLOCK J_ _ I I I 4II 1 p w • I I •�'n MAP• I LOATRMI I 11 I I LU.D._YO®V96 �� •LUD._Y!>m USN LJ LOT 1I. g nwmn mn�m• ZONED. C-2 1l i .um I E� LOT 3 A ma eu1.�n w..mmZ.,,.. t I o ZONED ❑-1 �:w�Y:.4='...'�'.�:ra i.= +.Y,�.�o. lb mn.v M.If.. IZY I _a _ I X • . pap ,) iiLtL _Mu I III l! �.a jLLILTT/L I VW r._w.__w.W i I '1111 [ 111 1 I IS\:, i ) a r-io .a•1_ N .x.o papa 1.Ins.1•.,•....I.I.+w-In •; ip .,t6�,,GM GL ///� --- • Td.._..• ---T-sy urt-xr,r�--- CB --- mm A PA ICJ R �F.M. HIGHWAY NO. 1709 ^ r V -� �.� CONSEPT PLAN LOT poEgnp� P , BLBCK 3 DIAMOND CIRCLE ESTATES !I CITY OF SOUTHLAXE yf �y! _ _ ,� TARRANT COUNTY, TEXAS '�Fc{{) �}"�'��'_ 1.04 ACRES l4rE"{G�:1X W�.,Y1S" Ia— 1'/fM'PAYED ADODyT ltl, 11109 L J ,2 r City of Southlake,Texas • MEMORANDUM• September 28, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-74 Plat Revision REQUESTED ACTION: Plat Revision of Lots 4R1 and 4R2, Block 1, Amaya Addition, being 2.00 acres situated in the L. H. Chivers Survey, Abstract No. 300. LOCATION: South side of the 200-block of East Dove Street OWNER: Eve Varnell APPLICANTS: Gene Kizziar and Bob Kresler CURRENT ZONING: "SF-1A" Single Family-lA Residential LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: Each lot will contain a minimum of one acre as required by the "SF-lA" zoning district. NO. NOTICES SENT: Five (5) RESPONSES: One written response: * Robert L. McPherson, 160 E. Dove, in favor P & Z ACTION: September 23, 1993; Approved (5-1) subject to the Plat Review Summary dated 9/17/93 and deleting Item No. 4 which required the minimum lot width of 125' at the rear property line. STAFF COMMENTS: The applicant has met all the review comments of the first Plat Review Summary dated September 17, 1993 with the exception of those items addressed in the attached second Plat Review Summary dated October 1, 1993 . KPG/gj c:\wpf\nemo\cases\za93-74.pr gt— I III / i 1 ,/f'///',',, J. 1PJIZIR/ELL • DEN Tam _I ©��! 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SJp/r�Y CIA .a An c I j.10 A s.� am y I ss1, 70ffiLS02f a` Ar.�% • n c" o f.r, x o I -_P.•dN sn .c.Sj rU(1�C�_. ELEMENT 011 r afx lam- c TMOpgA% ae z ; ICI I �D '� �' 9 P ... HAW!Iry • v.. .}�.�,.+myyc I I N K Ili M.4 IA ,q - "1 1 N III ��y/ I :•�r�� m ...11 ��•-�s _ L-► _ Ho�wo v O� x A A -rl r �� L. TRACT LOCATION MAP ' iI o Irmo.**is u � .� MALL W.W. MALL ..\,,,, ,,-„,, .. .:� 6 .i-j,Ill- -----.—L.,..c..,:.;5.4.t,I,iI.,Ot..Ws lr.li. ,\,00,,,„_ ,4_,_ i i. :gaiko -� s, RICH 49D !AI n mu u r . 'UX/ / • I . 0 J --- e.R/ TR 1H 1 TA 10 J GCH�VvE 1 1 . 19 AC• j .97 AC I `DUI-.�350 TR i I i^ TR 101 1 r'SF-lA" AC I :1 1 .03 AC TR iF I 32.231@ TR 1 , ' McPHtHSON. R 1 . 15 AC. I TR 1J1 I TR 1F 2 AC I-- — — _ te.o — -- ` eu — . —1 2e0 too too TR 1J N TR A 183A i 1F1 1 .75 AC 1A • A i .46 AC 5 AC N -}-p oSF-1A" l f\�a�( ^M b1� rtsF-iAt� too _ 47.0 a e B E J _OS!, 01I WAYLANt+_ N v m m ;/'''' (+.1 I1B2 3A 38 "AG" TR 1838 2.57 AC 0 030 ea j a. C.) \l �� NITSCH, D P I H I liJ �-' I / AG„ I�I // Y M 200 _..._.__. ,. �) ADJACENT OWNERS & ZONING L.'' I 9.10 11.33 AC I to 1 a- I 4 City of South lake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 93-74 REVIEW NO: TWO DATE OF REVIEW: 10/01/93 PROJECT NAME: Plat Revision - Amaya Addition, Lots 4R-1 & 4R-2 OWNER/APPLICANT: ENGINEER/SURVEYOR: Eve Varnell Ward Surveying Company . 2787 Ridgecrest Drive P.O. Box 820253 Southlake, Texas 76092 Fort Worth, Texas 76182-0253 PHONE: PHONE: (817) 281-5411 FAX: FAX: (817) 838-7093 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/27/93 AND WE OFFER THE FOLLOWING STIPULATIONS . THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1 . Label existing R.O.W. along East Dove Street . 2 . The rear lot widths of Lots 4R-1 & 4R-2 are not in compliance with the Subdivision Ordinance (483-A-8 . 01-E requires that a row or tier of lots having a minimum lot width of 125 feet at the rear property line shall be required adjacent to any property shown on the approved City Land Use Plan to be designated for lots of one acre cr larger in size. ) 3 . Change the easement along the south line of Lots 4R-1 & 4R-2, Block 1 from a 7 . 5' U.E . to a 15' drainage & utility easement . 4 . Provide a 10' drainage easement along the west line of Lot 4R-1 and change the 7 . 5' U.E. along the east line of Lot 4R-2 to a 10' D. + U.E . * Original signatures and seals will be required on each blackline mylar prior to filing the plat . Also required are two sets cf owner' s dedications and notaries (8 . 5" x 11" or 14" paper) with original signatures and seals on each. * Denotes Informational Comment cc : Eve Varnell Ward Surveying Company SE-I4 ,. ..----.---. -----... -.-.-- - -. - . .--- --- • . •r r r. . - • t..... • Taff 0 I.8 4,0`0014 I JON Vol IS"I,.1. I • I . . . . • ----' • • _ .p...(211.1.,WAVE', •A.310 ..E,gp_1_,D_Qy_E,_ST.R.EFY . '7.-"' ----. !TATE Or TflAll NT4noll,a+0 wle pen.Of Lot 4.Illode I.Of th. :J!!. 1 • I • . N..,or, pee do eon...DO Morn. .' .?a rif.1. ' P.otitArOtiO• 00.1,......all de...he In a 0.6.1 Of.cord In t. .1_ ao.p•Pl.Inu 1 rilly 0.01 I h.by......10 boon.••1,1 10.•I I . .111.11.0 .•1.Iton found at th•Kurth..cot.,of.1.LOt 4. Thin. South 109.00 I..10 a 1.IfOn.0.4 at tIo South...C.A. I . of.1d LOt 4.1310.I. , 1 ,"eere es sp0.44.. 50-M. 235.00 fest tO•1.loon fun.at the • I 11441hoost dol..08.1.1 101 4.elota II L . • I MM. moth 105.4.1 feet 10•1.Itun ruund at the e.t.a.t..... 1 i I f II 1 ll i I fi I 4 T1 1 4 1 Oil 11.7 . t I [. . . . ..i i -- LOT B LO C I K 4 W . I 1...14 F: I . , TI1AT I..•v•rn•ii,loin,.th•aol•own.do hatmlaf rolnyt thle plat doelon.lny the herainaboy....In.paoperty a.L......d L.4111•1.ht..I.......1.11 1.Inn.•n.01 I 1 Ion 10 I.CI 1 y Of fOrith 1 a., Taft..Cuuntf.T.....and I de.Imre.,d•d I cat•la 11.1.1.1 1 t••u••11.• .....t••nd.......•an..th•r•on.thl•el.do••not ell.op combo.. 011.1no cht......1.16.ni Coy.... 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(.-r1 .i........,......• , de....4.44.14+1 r..4-4. -: . ....41'j,. 44 • 1-1,1'11 MO,IllUIL,01.,o cow.u.sim of.AA.On••PdP.1r.Moll ..1.1...;:1 I A-..A-T- . 1-....r,,-..-,....., p...-_,; .... .;- ,,..... . ......,-0.,,,•,,,,,,,...,. ,,,'•• ••i . .: --.....,..•!..,.A..:-,:....'...'_°:::::::::::......1.,::,:.,r..7r::::::•...::::::::7:,,:....":E..-.L..,...::!-.7.",:-..;:::::.:7,,,":.1:::..1.:.:".....,,,,,:1,:',..:4-:::;;I"....::,. moo...a 0......,Frown,m Mom ed.al Wadi,md Oros Ma pot.v.0.1.• PLAT REVISION .,.,....,bp Ms mamma urcia‘1....•a t10.1.110........•..... . kr ,,I •I I ,• Ihirsonun Wane 1......A.0.0 oa Omon do.Sono NJ ly a.....mane,•••1 rt.. ...ne,..oe........1.1.u.,..........,.....0,........... LOTS 4 R-1.4R•2; B LOCK I a.,.....,.;............ra.....pehmon, leah d...1.1.....pm..AM 011 Ow ono alfetti.A.,la co.pa.n•r hos ' • AMAYA ADDITION ....ammo el moan et moth.....•.8 0.0.4on Wu,.Irarmokowal Mrro,^ AN ADOIBUB TOTit ...../...,....e.t.a.our,1........................ 1.1.111........11,nvoine..11.•I.ml O.11 le mot.no.Ina. Me..•I 1 semi Co......e.Cot,6.....;;•;.,,.. CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS ,00 id.h.IN IP11-1 I.LW...•0.41,•001.0.CI 300 I s 01,44 AXIVISION OP WI 4,SI OLit i• AMAPA A00100P. CITY COUNCIL .0.051 01.5,/LOIS I.1.11. .,wet d.a Pro•••01....1...0,••rn.......r•Fr000•lon,i SOUTHLAKE. TEXAS . ....,..,,,....,,,, ,.,tn..,..,•....,....n.,3,,..r,,,I,.,0.1. , ......1•1.Inn nf a 1.11..•Nels n . -- . • SCCACTIIT! - ---- 0.1.01•IVI.VAlsritel nn,20r• 270111104LCKST ON • PLANNING AND ZONING :-.;0 Ul I I L A I<r, I • 1.0144COZE-1TATT- • • • WA R D SURVEYING THIS PLAT FILED IN CABINET SLIDE DATE i .1 pool 74n4.1"" .0 ailii4. , .„ . r . ... . .-. ... . . . _ . • _.-_- - -- . _ .__ ______ _ ._ .. . e. . til 111"' City of Southlake,Texas MEMORANDUM September 28, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-76 Concept Plan REQUESTED ACTION: Concept Plan approval for an office building on 2.29 acres, being Lot 1, Block 1, Woodland Heights Addition LOCATION: Southwest corner of East Southlake Blvd. and Westwood Drive OWNER: Patrick Monahan d\b\a TelSupport, Inc. APPLICANT: Colleen Adams CURRENT ZONING: "O-1" Office-1 LAND USE CATEGORY: Mixed Use BACKGROUND INFO: The applicant proposes to add a third building to the site between the two existing buildings. The 3, 000 s.f. , single story structure will be used as a data/office center, operating around-the-clock, but manned from 8:00 a.m. to 5:00 p.m. SPECIAL ISSUES: This site is located within the Airport Overlay Zone which requires certain design/construction standards to be met. The applicant's request of a waiver of these requirements will need to be addressed by the Zoning Board of Adjustment. NOTICES SENT: Six (6) RESPONSES: Two verbal responses: * George Barclay, 205 Westwood, in favor * Don Light, 200 Westwood, in favor, but offered concern about the proposed building' s close proximity to the pipeline easement and the side setback line. Two written responses from residents outside of the required notification area: * Donna Slechta, 218 Eastwood Dr, opposed (see attachment) * Johnny & Susan Campbell, 218 Westwood, opposed (see attachment) P & Z ACTION: September 23, 1993; Approved (6-0) subject to Plan Review Summary dated 9/17/93 and recommending no double fence be required at this time. STAFF COMMENTS: The applicant has met all the review comments of the first Plat Review Summary dated September 17, 1993 with the exception of those items addressed in the attached second Plat Review Summary dated October 1, 1993 . PG c:\wpf\memo\cases\za93-76.cp ----. 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. .53�1`on►py / ' rG iT " nr REFERENCE NO. : ZA 93-76 / / °i pOSE ' SEP ' i 1993 I am (in favor of) (opposed to) (undecided about) the quest �� for. the following rAanon@: - I J I 7Ze }rep i 5 for /azzi c?eik,s 1717 o f'e yr, _ reTfi 1 iv i s 1-/ITIC ,C r/e Tir.4.1 " #v ' j 1 S rdr SIGNATURE: 2 J/ o- a G(� Ql-�t� _ L �, ADDRESS: a (8 We3V woeci CC Seer'/d,v /(5'. /owt-Nhr./S� 7 vs E 4-ible/ b Jm_s iv.. v 0-1 OFFICE DISTRICT 18.1 PURPOSE AND INTENT - This district is a commercial category designed and intended for the exclusive use of office and office related activities. It is established for and will be allocated to those districts capable of supporting commercial activity of an office character. It is envisioned as possessing a lower overall intensity of use and development when compared to other commercial categories. It is particularly well-suited for environmentally sensitive areas and those sites in which natural limitations make full area utilization infeasible. It has been established to encourage and permit general professional and business offices of high site quality and appearance, in attractive landscaped surroundings with the types of uses, and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. This district should generally be located in areas abutting arterial and/or collector streets which are, because of location and development trends, suitable for the establishment of office uses that are compatible with residential uses thereby maintaining the character an integrity of existing and developing nei hbor oods. This �..---o distri o ideally oca e in ransitiona areas 4( between commercial and residential development which is adaptable to occupancy by certain office uses. The ultimate development within this zoning category must provide a low intensity of land usage and site coverage to enable the site to retain its park-like image., The following rorm may ne riilea out ana llld.LeU w Luc ..i,..y v,_ Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092. 0 1-___�17n,n REFERENCE NO. : ZA 93-76 _ SEP � 11993 ; I am (in favor of) (opposed to) (undecided about) for the following reasons: - 4 JC.C.C.CliV • - /J /��-4 et- /, ;_/1 ./e ,`%. ' I lia-P.,41", ,PA.Amt-te/-6-- oi-euv Attiiki cute. SIGNAruRE: C09k-H-0� X'' ad �A� •` ADDRESS: eV Kl4' . J..•I.n, \I •4•»FI^ I' I I --1—L�I R' ® •• — TI M w ' , 'lamina%.♦4.111111M�.Y- • 1 a, K 'p•.,'.v1 _. --S 1 __ ,• , ,C to a) S ^-�--...l �� SCFi00I. % IPA • ` , I • • •• aye, ;1-1:-Ig .' . a EMMIlrITIZQA I ''' oi-ir 3`.w 1El R�C� 'TT`- . 1, pi W.W. py�/ Iy II p S1 •fA• ImiNies- ,! - .,. . • --r--E-- t VO.W. f MUL .,J 'ALM I p•.• RICH CID EAD3 ____ ,__.... ... sal 111111 . 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' OLLIG$�RlVPJ 1 Y 1.,i 4cl TRACT 1 ' LOCATION MAP L ,...„ : „,, (4W'1 ..., oj,ja5 affinrr I ell 11,. _•••••-...-e-4.- "A, .... +, . ill 0-0; A ' ° . I I _,,,_ r ii . /897 10 ,.. I w I 5 4 I••"r r - •A'Acti 1 W. . DAHEPAPOST 1u 1 g F -3 3, ''°°' CHEA�'HAM & _. I CONSULTING ENGINEERS — . 1 QG R. EADES I "c a" TR 6 Ac o / __ I SURVEY 68.256 �� o V TR 2A A —48 ? J. FARRAR TR 6C 53. 497 AC .084 @ -- — — - — -- — — — — -- - — — S all NEAIEC Bt.: 1B . 185 @ - i r _� ...,..._ __A- - - / 1 1 r. 2A - 1A 25C 315 TR 2C1 TR 20 "C-2" "C-2" .0 @ . 105@ .074 @ TR 2 1.522 AC FIRST NAIL BNK 041 @ . 164 5 IR GRAPEVINE ITT "C-1". Miron Rob r TR 2C TR 2 GOR �•- „B-1" 25B ^ 1.459 2.726 AC 2.07 @ AC i,6B(3 2 I R. MIRON . pit' 1 BURGER & EAKINS 11 CUSTOM BLDRS 1A 25A 12.622 AL 1.015 AC od 4 -11 "0-1" --g- "SP-2"I D. LIGHT 2 . J.--j 3 "SF-1A" G. BARCLAY • 24 Q S r n0 • "SF-1A" llb F R �� 1 "B-1" i / 1 I . • :.T. - AD JACENT OWNERS & ZONING (/ . 22 5 21 - City of Southiake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 93-76 REVIEW NO: TWO DATE OF REVIEW: 10/1/93 PROJECT NAME: Concept Plan for Building Permit for An Office Center, on 2 . 29 Acres, Lot 1, Block 1, Woodland Heights Addition OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Patrick Monahan J. R. Thacker Colleen Adams 510 Dunn Court 1021 S. Main St . 3635 Oakwood Grapevine, Texas 76051 Grapevine,TX. 76051 Grapevine, TX. PHONE: PHONE: (817) 488-1553 FAX: FAX: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 9/27/93 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. The south bufferyard requires a six foot (6' ) wood fence be provided. Staff feels that an extension of the existing fence to the 30' building line along Westwood Drive would satisfy the fencing requirement . * The applicant' s request for waiver of acoustical design and construction requirements (due to the site' s location within the Airport Overlay Zone) must be addressed by the Zoning Board of Adjustment . * The Fire Marshal' s review indicated that upon submittal of the development site plan the north driveway must be expanded to 24' for fire lane access with a turninc radius of 25' . * Although parking appears adecuate as shown, the final parking recuirement will be determined upon submittal of the development site plan based on a summary of square footage by use. * The applicant should contact the Tarrant County Health Department (817-871-7518) to obtain the necessary approvals for expansion of the existing septic system and field. * The applicant should be aware That prior to issuance of a building permit, a development site plan and building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees : Water & Sewer Impact and Tan Fees, . and related Permit Fees . * Al_ signs, culverts and/or approaches must be permitted separately. * Denotes Informational Comment cc : Patrick Monahan J. R. Thacker Colleen Adams c:\wpf\rev\5_-76.cp . ( • 's . • 11 . . 1.* . . , . . , .. . _ - . " .. • . . . — . . . ..• . v)\ . . . . • .A„.A....t." _....., • . ' • • . . dlr.' ..1.........."*-- 4 f'.."*•••••.. • 1 . . . • •••••••"1.. . . .... ..........'"r* __..,,...N." -••, .7a•• "''... ••'''..••---•••:::* ..•••, .........••••__,. :...i.....••••• , . It.........010...••• ...........--- , *.........“***••••,. ..a. • . ........- . ,........r....r.,.._ ...._t_.,.-- , . t i . . . . . ---- ..... ,.....----- (.......r. - • It 1. ..--7--- ..c • .. . ,.........- ----;,-....:-.-'4'z't •: \' •:• '. 11 1 t.' ______- . . ---, - , .......____. •,......):: : hp--. 2 . 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(--CI - ., .,---.7, • .. i ‘ 6-- . . • i• I • . -,- , , . • . .. . .. .. . . , . ., - . . . . . . , .. . . • . ,. . . .' City of Southlake,Texas MEMORANDUM1;:--- • September 20, 1993 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Request for BB Gun/Bow-and-Arrow Range Permit Several weeks ago, Mr. David Callahan (488-4646) , a troop leader in the Boy Scouts of America, requested information on the restrictions and permit requirements regulating a shooting range for BB guns. The Boy Scouts desire to hold a special shooting event with BB guns, but under the traditions of the Boy Scouts of America they want to ensure compliance with any regulations . A permit can be issued by the City Council under Ordinance #527, which regulates the discharge of any "weapon" designed to discharge a projectile in excess of three hundred (300) feet per second. Section 4 specifies that the ordinance "shall not prohibit the discharge of a weapon at a range or other similar location specifically designed and operated by. . . a responsible organization existing for the 1!10 purpose of operating and maintaining the range, provided that [the organization] shall have first obtained a permit from the City Council to do so. " We spoke with Mr. Callahan again today, and he desires to formally request the permit from the City Council as authorized under Ordinance #527 . Mr. Callahan will be addressing a written correspondence to you, outlining the specifics of the events, dates, location, and other pertinent information, and asking to be placed on the October 7th meeting agenda. Since BB guns are not firearms by definition, I anticipate no conflict or issues regarding the request for a permit. Additionally, the use of the permit process affords the opportunity to place any neccessary limitations on the range use and duration. I am available to assist in any manner or address any questions or comments you have on this matter. 1110 )6::; BC/mj Attachment /Da-/ September 23 , 1993 C` ` M ' NAGER IIIIIIMIIIIII 410 David W. Callahan 2411 Taylor St. Southlake, TX 76092 Mr. Curtis Hawk Southlake City Manager 667 N. Carroll Southlake, TX 76092 Dear Mr. Hawk, I live in the Emerald Estates subdivision and belong to Cub Scout Pack 507 of Johnson Elementary. I am the Pack ' s , Boy Scouts of America trained, BB gun Range Officer. Under the advice of Mr. Malcolm Jackson, I am writing you concerning Ordinance No. 527. Specifically, under Section 4, we wish to solicit a permit to oper- ate a Cub Scout BB gun shooting range. On October 30 , 1993 , or a rain day of November 6th, we wish to conduct an archery and BB gun activity day on the grounds of Johnson Elementary School , between the hours of 8 : 00am and 8 : 00pm. Johnson Elementary principal Mrs . Jane Cousins has given us her support and consent. The ground in question lies east of the playground equip- ment and of the school building as well . It is bordered on the east- 1111 erly edge by homeowners wooden stockade fences . We would establish our ranges facing to the south, uphill . There is an abundance of open land, approximately two football fields . I am enclosing diagrams and literature pertaining to location, construction and operation of a Cub Scout BB gun range. Mr. Ron Gielow and myself are trained and experienced. We have a mindset that if an activity cannot be done safely and well , that we will pack up and go home. We wish to offer our scouts a fun activity and responsible training, so that when they are faced with real life situations in the future, they will be prepared. In conclusion, Mr. Hawk, I thank you and the council ' s kind consideration in this matter . I will be at the council ' s disposal on October 5th. Sincerely yours , David W. Callahan 817-488-4646 Enclosures 1110 /l a-z 0 I/ V,S 04.. 40/ kit v+uawr13 liosu �a� . ............................,,m........____ purio6htiic�yr,,g , �`ih.thn6�fl4,14 DO :"qg -t � \ rde,:/z 0 il 3A/Vi oc) C2 -il, —sr' Q 9 I / 14 A I )-01"-- v4 3 t ive if 4 4.1. _II:ji,„.. f u� 4 f i � s ,„Na+ tnhxyo4,s s.►r►+iv+ o awo}i o i 0 .. Cc- L.ightw0i9ht Canvas Hemmed Top and Bottom Wires ..N.: .. .. • _q� Cross • : � �CO 0 gars GYm Standard 0 ,a� ., , 1 '�. perman ent --\ . Standard I /' Trap_ in trap c � vas Loose to permit BBB to drop CAUx ION; Keep Can xl • t ri i t ORDINANCE NO. 527 II/0 AN ORDINANCE PROHIBITING THE DISCHARGE OF ANY GUN, PISTOL OR ANY OTHER WEAPONS DESIGNED AS AIR PROJECTILES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake deems it necessary for the health, safety and welfare of the citizens of Southlake to adopt this ordinance regulating and prohibiting the discharge of guns, pistols, firearms and other similar weapons as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 1111 OF SOUTHLAKE, TEXAS: SECTION 1 It shall be unlawful for any person to discharge any gun, pistol, rifle, firearm, crossbow, or any other weapon designed as an air projectile, or an air rifle or air pistol of any description by whatever name known, that by means of compressed air, compressed gas, springs, or any other means is capable of discharging shots, pellets, or any solid object at a velocity in excess of three hundred (300) feet per second, within or across the city limits of Southlake. SECTION 2 This ordinance shall not prohibit the discharge of a firearm by a police officer in the discharge of his official duties. S slake\ord.31(1291) -1- r D Q --1 1 , Py;Li , t SECTION 3 r This ordinance shall not prevent the reasonable discharge of a weapon for the necessary and lawful protection of one' s person, premises or property, unless such discharge be done in a reckless or negligent manner. SECTION 4 This ordinance shall not prohibit the discharge of a weapon at a range or other similar location specifically designed and operated by a governmental entity, a branch of the armed services or a responsible organization existing for the purpose of operating and maintaining the range, provided that such governmental entity, branch of the armed services or responsible organization shall have first obtained a permit from the City Council to do so. SECTION 5 SThis 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 6 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 1111 sections of this ordinance, since the same would have been enacted slake\ord.31(1291) -2- /407! ..6 / • • by the City Council without the incorporation in this ordinance of %\ any such unconstitutional phrase, clause, sentence, paragraph or section. 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 Five Hundred Dollars ($500. 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 any ordinances regulating the discharge of any gun, pistol, rifle, 1111 firearm, crossbow, or any other weapons regulated hereunder which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by. this ordinance but may be prosecuted until final disposition by the courts . SECTION 9 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of 1110 any of its provisions, then the City Secretary shall additionally slake\ord.31(1291) -3- /D?_ 7 ti • '/ publish this ordinance in the official City newspaper one time wi.40thin ten 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 FIRST READING THIS 02- DAY OF Sv A• /17.6 .....j._ ' d X' _�� = r. � a_MAYOR iv. ATTEST: _ ' CITY SECRETARY illfb PASSED AND APPROVED ON SECOND READING THIS / DAY OF -Li . l� I // ,Y,,' OR .. i �` . \____ ATTEST: _.•..-:. i,.--,-L. ', i c'' f . •i IL/tiL. /H.X tf-Z itZ-- . CITY SECRETARY � ,,, APPROVED AS TO hill , ! \LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: 1. slake\ord.31(1291) -4- / a - S City of Southlake,Texas A PERMIT OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING APPROVAL FOR AN ARCHERY AND BB GUN SHOOTING RANGE; SUBJECT TO CONDITIONS LISTED HEREIN; PROVIDING AN EFFECTIVE DATE. I . In accordance with Ordinance No. 527, Section 4, the City Council finds that the applicant represents a responsible organization and that the request for a permit is reasonable and is in the best interest of the public. II . A Permit is hereby granted for the Archery and BB Gun Shooting Range at Johnson Elementary School, subject to the following specific requirements and special conditions : 1 . The applicant shall receive permission from the Carroll Independent School District . 2 . The applicant shall comply with any down-range safety requirements established by the Director of Public Safety for the City of Southlake. 3 . This permit shall be for October 30, 1993 , or the rain day of November 6, 1993 , or another rain day if both the October 30 or November 6 days are rained out, provided however, that this permit will be valid for one (1) day only, and in any event shall expire within sixty (60) days of the effective date of this permit . 4 . 5 . III . This permit shall become effective on the date of approval by the City Council . PASSED AND APPROVED THIS THE DAY OF , 1993 . CITY OF SOUTHLAKE Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary b:PERMIT.BB/ORD/RES/kb ,r1LL1J11Vb, tiHKKLI I ILL: 61(-bbU-Jyb.) UCt Z9 .5 15:61 N0 .012 I'.UZ FIELDING, BARRETT & TAYLOR, LLP. ear.,E.Adkins ATTORNEYS Susan S.Jones Reber(M.Allihnn ATRIUM CENTRE Wayne K.Obos Daniel R.Barrett' 8551 HIGHWAY 80 W SIB 300 Tim G.Stalls" • David Elizabeth Elam WORTH I TX 76116fi041 J.Mark Suck/crib Fielding (817)560-0303 E.Allen Taylor Josephine:Garrett FAX(817)560 3953 Jaynes P.Waver F.Glenn Gidd Wendy R.Whoa Dwayne D.Hitt Susan II.Holloway Of Couneal Aaale Muary Mary D.Denning"•• •Board Certified personal Iniury Trial Law- "Board Certified Civil Appellate Us,- Texas Board of Legal Specialization Texas Board of Legal Special/eatlon Civil Trial Specialist- "'Licensed in State of Illinois and National Board of Trial Advocacy U.S.District Court for the Southern District of[ftirmit October 1, 1993 Mr. Curtis E. Ilawk City Manager City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 RE: Economic Development Corporation Articles of Incorporation Dear Curtis: These Articles of Incorporation are drafted broadly, therefore they permit some • flexibility in administering the corporation. However,if the Council desires,we can include more details. For example, we can describe exactly how tax proceeds will be spent, or set forth with more particularity the projects to be undertaken. Please note the following: 1. The Council may act by ordinance or resolution to establish the corporation. 2. The Council may name the corporation whatever it chooses. Benbrook chose "Benbrook Public Development Corporation," and Burleson chose 'Burleson Community Service Development Corporation." 3. Article Ten (10) Paragraph(d) of the Articles of Incorporation names the city manager as executive director to the corporation. This is not required, but will help the city oversee the operations of the corporation. 4. The law has changed regarding the composition of the board of directors. Prior to this legislative session, the board of directors had to consist of seven (7) directors,at least four(4) of whom had to be members of the City Council, and the remaining three (3) persons could not be employees, officers or members of the fr\files\runi\ulaks\latter,\hawkols.ltr 11LLll1Nb, BHKREII IhL: 81(-5b4)-6J56 UCt 1 , 5 15:6( NO .U1L t' .U6 • Mr. Curtis E. Hawk October 1, 1993 Page 2 governing body. The last legislature amended this provision to require that the board of directors consist of seven (7) members, three (3) of whom are not employees, officers or members of the governing body. Therefore, the remaining four (4) may be, but are not required to be, members of the City Council, employees, or officers of the City. It is my understanding that you wish to require that four (4) members of the board be Council members, and the Articles of Incorporation contain that requirement. 5. Although these Articles provide for a term of two (2)years for each director, the Act requires that the term of each director be for no more than six (6) years. You should consult your bond council regarding the provisions contained in the Articles and the Resolution relating to income taxation. Please call if you have any questions. Sincere , Bets • EA FJwrt fi\files\Doai\slake\lattors\haukoll.ltr • 1 h1hLll1Nb, tiHkktll IbL: 81 (-5bU-6956 uct 15:6( No .012 P.04 • A RESOLUTION OF THE CITY COUNCIL OF BOUTHLAKE, TEXAS, AUTHORIZIN( AND APPROVING THE CREATION OF THE SOUTHLAKE PUBLIC DEVELOPMENT CORPORATION; APPROVING THE CORPORATIONS ARTICLES OF INCORPORATION AND INITIAL BYLAWS AND APPOINTING ITS INITIAL DIRECTORS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT WHEREAS, pursuant to the authority granted by Article 5190.6, Texas Revised Civil Statutes, as amended (the "Act") , this City Council finds it advisable to authorized the creation of a non- profit corporation (the "Corporation") to act on its behalf in financing, under the Act, eligible "projects" thereunder; and WHEREAS, such projects are deemed for the benefit of the public; and WHEREAS, the Corporation may exercise such other powers for such purposes as may be consistent with the Act, and subject to the approved of the City Council from time to time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That the findings and declarations contained in the preambles of this Resolution are incorporated herein as part of this Resolution. Section 2. That this city Council hereby finds and determines • that cooperative action with the Corporation will provide a means of financing needed public improvements within the City, consistent with the Act. section 3. That this City Council hereby approves the Articles of Incorporation (the "Articles") for the Corporation in substantially the form attached hereto as Exhibit A and authorizes the filing of the Articles with the Secretary of State of Texas in accordance with the Act. Section 4. That this City Council hereby appoints those persons named in the Articles, each of whom on the date of his or her appointment is duly qualified in accordance with the Act, to serve as the initial members of the Board of Directors of the Corporation, such service to be at all times subject to he powers of the City Council under the Articles. Section 5. That it is intended that the Corporation be a duly constituted authority and instrumentality of the City, with the power to act on its behalf and to accomplish the public purposes of the City within the meaning of regulations and revenue rulings of the Treasury Department of the Internal Revenue Service of the f:\fi1w.\..ni\■l4ke\rGao1uti S \\- A3 I-ILLU1Nb, EIHKRLII IEL; 81?-560-6956 Uct 1 ,96 15 :6( No .012 I' .U5 United States promulgated under Section 103 and 115 Of the Internal Revenue Code of 1986, as amended. Section 6. That this City Council hereby approves the initial Bylaws for the Corporation in substantially the form and substance attached hereto as Exhibit B. Section 7. That this Resolution shall take effect immediately from and after its adoption. PASSED AND APPROVED THIS DAY OP 1993. GARY FICKES, MAYOR ATTEST: SANDRA LEGRAND, CITY SECRETARY • fi\!ilea\mmnl\u1Fke\rnnoluti • \\- , F1LLU1N( , HAkREI I ILL: 81 (-5(bO-5 b. Uct 1 .yJ 15 :6( No .U12 N .Ub • ARTICLES OF INCORPORATION OF SOUTDLAKE PUBLIC DEVELOPMENT CORPORATION THE STATE OF TEXAS COUNTY OF TARRANT § CITY OF SOUTHLAKE WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom is at least 18 years of age, and each of whom is a qualified elector of the City of Southlake, Texas (which is a duly established City under the Texas Constitution) , acting as incorporators of a public instrumentality and nonprofit development corporation (the "Corporation") under the "Development Corporation Act of 1979", as amended, with the approval of the City Council of the City of Southlake, Texas (the "City") as evidenced by the ® Resolution attached as Attachment "A" and made a part of these Articles for all purposes, do hereby adopt the following Articles of Incorporation for the Corporation: ARTICLE ONE NAME The name of the Corporation is "Southlake Public Development Corporation. " ARTICLE TWO AUTHORIZATION The Corporation is a nonprofit corporation, and is an industrial development corporation under the Development l:�Eilbtl�aut,i�®laka,azliales.01 • \\- R s , FIELDING, BRRRETT TEL: 817-560-3953 Oct 1 ,96 15:6e No .012 h .U( Corporation Act of 1979, Article 5190.6 Vernon's Texas Civil Statutes, (the "Act") , and shall begoverned bySection 48 of said Act, as now existing or as may be amended. ARTICLE THREE DURATION The period of duration of the Corporation is perpetual. ARTICLE FOUR PURPOSE AND LIMITATIONS The Corporation is organized exclusively for the purposes of benefiting and accomplishing public purposes of, and to act on behalf of, the City, and the specific purposes for which the Corporation is organized and may issue bonds on behalf of the City for the financing of projects (as defined by the Act and/or regulations adopted pursuant to said Act) for the permitted • purposes set forth in the Act. The Corporation may finance and undertake any project authorized by Section 4B of the Act, subject to the regulations and limitations therein. No bonds may be issued by the Corporation and no project may be financed with bond proceeds or other revenues of the Corporation unless such bonds or projects are first approved by the governing body of the City. The Corporation is a constituted authority and a public instrumentality within the meaning of the regulations of the United States Treasury Department and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to Sections 103 and 141 of the Internal Revenue Code of 1986, as amended, and the Corporation is f:\fileaViuni\elakeVartic1041.01 2 r1tL1J1Nb, tiHKKtI I ILL: 61 (-5bU-6 b5 UCt 1 . 0 15:O( NO .U12 I' .UM authorized to act on behalf of the City as provided in Articles of • Incorporation. However, the Corporation is not a political subdivision or political corporation of the State of Texas within the meaning of its constitution and laws, including without limitation Article III, Section 52 of said constitution, and no agreements, bonds, debts or obligations of the Corporation are or shall ever be deemed to be the agreements, bonds, debts or obligations, or the lending of credit, or a grant of public money or thing of value, of or by the City, or any other political corporation, subdivision or agency of the State of Texas, or a pledge of the faith and credit of any of them. ARTICLE FIVE FINANCING (a) Before the consummation of the sale and delivery of any • bonds, notes, or other forms of debt instruments, the Corporation shall obtain approval by the City Council. (b) In the exercise of the powers of the Corporation, the Corporation may enter into loan, lease, trust, or other agreements as authorized by the Act that are necessary and appropriate to the fulfillment of the public purpose of the Corporation, all of which agreements, and the specific uses, and the methods of withdrawal and expenditure of the proceeds of the bonds, notes, or other debt instruments proposed to be issued by the Corporation, shall be stated and described in the proceedings authorizing the bonds, notes, or other debt instruments, and must be included as a part of the approval process of the City Council required above. In e vita.\..n1101.e ertscl.._01 3 • F 1hLll1N(>. 1 HKKh I I ILL: tit(-5b0-3953 Uct 1 ,96 15 :6( NO .012 P.09 • connection with the issuance of its obligations, the Corporation shall select bond counsel and financial advisors acceptable to the City Council and the City Manager. (c) In the exercise of the powers of the Corporation, the Corporation may not enter into any loan, lease, trust, or other agreement the effect of which would grant, convey, transfer, mortgage, encumber, pledge or assign a security interest or any interest in any property owned by the City. Any agreement entered into by the Corporation shall contain language substantially to the effect that any grant, conveyance, transfer, mortgage, encumbrance, pledge or assignment of property owned by the City is prohibited. ARTICLE SIX MEMBERS The Corporation has no members and is a nonstock corporation. • ARTICLE SEVEN BALER TAX Upon receipt from the City of the proceeds of the sales and use tax imposed under Section 4B of the Act, the Corporation may use the proceeds as permitted by the Act as now existing or as may be amended. ARTICLE RIGHT AMENDMENT These Articles of Incorporation may be amended at any time as provided in the Act, to make any changes and add any provisions which might have been included in the Articles of Incorporation in fr\film\roai\aleke\articlee.01 4 . F il_LlliNb, BEIKKL I I ILL: 81(-5(bU-Sy5. Uct 1 ,yJ 15:J r No .U1L 4110 the first instance. Any amendment may be accomplished in either of the following manners: (1) The members of the Board of Directors of the Corporation shall file with the governing body of the City a written application requesting approval of the amendments to the Articles of Incorporation, specifying in such application the amendments proposed to be made. The City Council shall consider such application and, if it shall, by appropriate resolution, duly find and determine that it is advisable that the proposed amendments be made it shall approve the form of the proposed amendments. Then the Board of Directors of the Corporation may then amend the Articles of Incorporation by adopting such amendment at a meeting of the Board of Directors and delivering said amendments to the Secretary of State; or (2) The governing body of the City may, at its sole idiscretion, and at any time, amend these Articles of Incorporation and alter or change the structure, organization, programs or activities of the corporation, or terminate or dissolve the Corporation (subject to the provisions of the Act, and subject to any limitation provided by the constitutions and laws of the impairment of contract entered into by the Corporation) by written resolution adopting the amendment to the Articles of Incorporation of the Corporation or articles of dissolution at a meeting of the governing body of the City, and delivering articles of amendment or dissolution to the Secretary of State, as provided in the Act. Restated Articles of Incorporation may be filed with the Secretary fi\fllae,raurolake\arGiclem.01 \\- �q r 1ELll1Nb, EIHRRE l I TEL: 81 r-560-3953 Uct No .U'1L V .11 • of State as provided in the Act. ARTICLE HINE ADDRESS The street address of the initial registered office of the Corporation is 667 North Carroll Avenue, Southlake, Texas 76092 and the name of its initial registered agent at that address is Curtis Hawk. ARTICLE TEN BOARD OF DIRECTORS (a) The affairs of the corporation shall be managed by a board of directors which shall be composed of seven persons appointed by the City Council of the City for two-year terms of office. Each director must be a resident of the City, and at least four (4) of the directors must be members of the City Council. The • three (3) remaining directors must not be employees, officers, or members of the City Council. Any director who is a member of the City Council shall cease to be a director at the time he or she ceases to be a member of the City Council, but is eligible for reappointment. A majority of the entire membership of the board, including any vacancies, is a quorum. The board shall conduct all meetings within the boundaries of the City. (b) The names and street addresses of the persons who are to serve as the initial directors and the dates of expiration of their initial terms as directors, are as follows: fz\filas\ruai\slakevirticiee.01 6 • \ \- kc F1hLU1Nb, IHkkLI I ItL: 231(-5bU-6 55 UCt 1 , D ID.o( nU .UIL r .IL EXPIRATION • NAMES OF piDDRES,SES TERM Southlake, Texas Southlake, Texas Southlake, Texas Southlake, Texas Southlake, Texas Southlake, Texas Southlake, Texas Each director, is and must be, a qualified elector of the City. Each director, including the initial directors, shall be eligible for reappointment. Each director shall serve until a successor is appointed. Directors are removable by the City Council at any time without cause. • (c) The directors shall serve without compensation but, they shall be reimbursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the board of directors shall be filled by appointment by the City Council of a person who shall hold office until the expiration of the term. The officers of the Corporation shall be appointed by the board and shall include a president, a secretary, and other officers that the City Council considers necessary. (d) The board of directors shall elect a president, vice- president, and a secretary to serve as executive officers of the Corporation, as more specifically provided in the Corporations' and fg\files`runi\s1sun\scticies.01 7 S F1LLU1Nb, HHRRLI I ILL: 81(-5bU-69b5 UCt 1 ,H6 15=6( NO .U12 V.16 1111 By-laws. The term of each officer's office shall expire on of each year. The City Manager shall serve as executive director of the Corporation to provide administrative support services for the corporation. (e) Meetings of the board of directors are subject to the Texas Open Meetings Act, Article 6252-17, Vernon's Texas Civil Statutes, and the Corporation is subject to the Texas Open Records Act, Article 6252-17a, Vernon's Texas Civil Statutes. ARTICLE ELEVEN INCORPORATORS The name and street address of each incorporator are: NAME ADDRESS Southiake, Texas • Southlake, Texas Southlake, Texas Each incorporator is a qualified elector of the City. ARTICLE TWELVE CITY COUNCIL APPROVAL The City has specifically authorized the Corporation by ordinance to act on its behalf to further the public purposes stated in said Resolution and these Articles of Incorporation, and the City has by said Resolution, dated , approved these Articles of Incorporation. ft�f{lwa�>dnS�.1 Ir4wrticle�.01 8 • F1EL1J1Nb , EIHRREll ILL: 81(-5(bU-69 o UCt 1 , 6 No .U1L r .14 ARTICLE THIRTEEN RESTRICTIONS No dividends shall ever be paid by the Corporation and no part of its net earnings remaining after payment of its expenses shall be distributed to or inure to the benefit of its directors or officers or any individual, firm, corporation or association, except in reasonable amounts for services rendered. Provided that if the board of directors determines that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the Corporation, then any net earnings of the Corporation thereafter accruing shall be paid to the City. In the event the Board of Directors of the Corporation shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the Corporation issued to finance its public purposes, then the Board of Directors shall conveysuchinformation to the governingof the Cityand body shall petition the Comptroller of Public Accounts to cease the levy and collection of the sales tax and any net earnings of the Corporation thereafter accruing shall be paid to the City. Regardless of any other provisions of these articles or the laws of the State of Texas, the Corporation shall not: (1) permit any part of the net earnings of the Corporation to insure to the benefit of any private individual (except that reasonable compensation may be paid for personal services rendered to or for the Corporation affecting one or more of its purposes) ; (2) carry on propaganda, or otherwise attempt to influence legislation; (3) participate in, or !t\lilacs\tsnni\s lake\articles.01 9 \ \— \, F'1tLLlIVI�+ tSHKKt I I ILL; 251(— bU—JyJJ UCL 13•0( nu .U1L r .1J intervene in (including the publication or distribution of statements) , any political campaign on behalf of any candidate for public office; or (4) attempt to influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drives. ARTICLE FOURTEEN If the Corporation is ever determined to be a private foundation within the meaning of Section 5.09(a) of the Internal Revenue Code of 1986, as amended (the "Code") , the Corporation: (1) shall distribute its income for each taxable year at such time and in such manner as not t0 become subject to the tax on undistributed income imposed by Section 4942 of the Code; (2) shall not engage in any act of self-dealing as defined in Section 4941(d) of the Code; • (3) shall not retain any excess business holdings as defined in Section 4943(c) of the Code; (4) shall not make any investments in such manner as to subject it to tax under Section 4944 of the Code; and (5) shall not make any taxable expenditures as defined in Section 4945(d) of the Code. ARTICLE FIFTEEN DISSOLUTION If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal or mixed, such funds or property or rights thereto fe\filea\m.oi\slake\arttelwa.01 10 r1LLll1N(i EIHKREII ILL: 81(-5bU-59 uct 1 .yJ i .Jr NO .U12 r .io • shall not be transferred to private ownership, but shall be transferred and delivered to the City after satisfaction or provision for satisfaction of debts and claims. INCORPORATORS 1110 ! \..aalk.l.kiAlarktelay.01 11 \\ ��S r itLU 1IVI3 , t HKKI I I ILL . Ol f—JOU—O DJ ULL 1 ,7O 1 D•O f IVU .U l L r .1 f • THE STATE OF TEXAS §COUNTY OF TARRANT §§ I, the undersigned, a Notary Public, do hereby certify that on this - day of , 1992, personally appeared ._—__ . - • . and , who, each being by me first duly sworn, severally declared that they are the persons who signed the foregoing documents as incorporators, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office the day and year above written. Notary Public in and for The State of Texas Notary Name Typed or Printed My Commission Expires: f.\filee\tuni\olatn\.xticle..01 12 1111 1 -