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1992-10-06 CC PACKET
City of Southlake,Texas CITY MANAGER MEMORANDUM 11WEANIM September 29, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. Director. of Public Works SUBJECT: Permission to Advertise for Bids for Manufactured Building - 1992-93 Budget In the 1992-93 Water Budget, funds were budgeted ($25, 000) to construct and install a 12' x 56' manufactured building. This building will house the offices of the Water & Sewer Superintendent, Street Superintendent, Public Works Construction Inspector and the E.I.T. By moving the construction inspector and the two superintendents into this building, there will be more room in the Public Works office and the street shop respectively. The building will be located approximately in front of the existing pump station (which will be demolished by city forces after the wells have been plugged) . A detailed drawing will be submitted to' the Council prior to award of bid. Staff is working on the plans presently and it is anticipated to receive the bids on November 10, 1992 . If you have any questions, please contact me. RIO MHB/lc r I wpfiles Imemas lmanafca b/d j I a Ir 1 1 5 / 1 '. 1 J //. / 1 �-_ _ -- - -- i. It • h t e [XISTINO I F„ a "J r PP" 1 . it I SMALL INTERCOM I I I = I 1 q ' I SPEAKER I d r OAS ISLAND I ~ I . + :. \ � II I J • PHOPOSEO ASPHALT PAVNO-f N 1.`N,iu1 ISSCO N\- 1NIIb _ v, i\ III I s , \ kr PP .�1 ' a 6 ;' P' `-" P.P. r/LIGHT / \141 I10 PILL I IIr I I ... .. .. . :�. 6 CLf� .. 1 PORTS 1 a • Z - 10 N. \ ti A 1 m I / °j ' O CL2BUILDINGI^ 0 FEC II w - > STATION 1 •In / ‘.."........" PLIMP .ot EX/S VOLVOL.5852 981 ,,���11 I. I d -I. I . ., i tJ ©15'r/.9' W I . . . INLET I re I-+ S. •1,95.90 • li, I 0 •PVC) I 1 �� GROUND STORAGE r ./)( a1 1 .., I I MMTER TAAW 1 in tY I �, - --- I - ' l � M Q 1.0 1,� o i x /. f /./ — , I I C\1 s 1I ,G CCV / la ~ \ �d /Al- k / I / 19T10 ` 1, I. - 0� ' l it I I ' 11 GRAVEL / ASPHALT d o a v /sv 9L3 W �mosr leCATE b 1, / I ^ KIEK�Y� ' ._ o � r �. PP, qAt� I EXIST METAL I • // / SHED 55 r o b� // / EXIST METAL BOLO/NO n I / U Sp. PL • 825 I j CI) 1 0 0 �— W000 ISLATS rAur. minim E uk��NCF City of Southlake,Texas MEMORANDUM CITYMANAGER September 30, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. Director of Public Works SUBJECT: Permission to Advertise for Bids for the Plugging of the Paluxy and Trinity Wells at City Hall In the 1992-93 budget, funds ($20, 000) were budgeted to plug the Paluxy and Trinity wells at City Hall. The wells are being plugged because the Texas Water Commission prohibits the operation of the wells within 150 feet of underground gas tanks. Cheatham & Associates is preparing the plans and specifications and it is anticipated that the bids will be received on November 10, 1992. The construction should be completed by January 1, 1992 . Please place this item on the Council's next agenda. If you have any questions, please contact me. m MHB/lc cAwposiwells t t City of Southlake,Texas CITY MANAGER 0-c - 7z r MEMORANDUM October 1, 1992 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance • SUBJECT: Tax Collection Agreement with Tarrant County The Tarrant County Commissioners approved on September 23 a revised tax collection agreement for the City of Southlake. Earlier in September, the City Council had approved a modified agreement. that deleted certain provisions that were in the July, 1992 original submitted by June Garrison's office. The Commissioners, for all jurisdictions, omitted the provision reserving the right to charge an additional fee to those taxing units using a delinquent tax collection firm other than the one used by ,the County. This provision was the major cause of submitting the revised contract to the County. The revised collection agreement is acceptable for our purposes. The contract is similar to ones approved in, prior years. In ' addition, it allows the City the option to audit certain collection procedures at a specified cost paid by the City. LAH E - _ — S. = TLJE 1 1 _ _ ? et F STATE OF TEXAS X X AGREEMENT COI J NTY OF TARRANT X Agreement made this the day of ,I992, by and between June Garrison. Tarrant County Tax Assessor-Collector, hereinafter referred to as ASSESSOR/COLLE.( 1i)R. whose ;address is 100 E. Weatherford Street, Fort Worth, Texas 76196-0301, and the City of Southlake, hereafter referred to as the CITY, whose address is 667 N, Carroll Avenue, Southlake. Texas 76092. PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which the ASSESSOR/COLLECTOR will provide assessment and collection services of Ad Valorem taxes levied by the CITY, NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: SERVICES TO BE PERFORMED The ASSESSOR/COLLECTOR agrees to collect the taxes due and owing on taxable property upon which the CITY has imposed said taxes. The ASSESSOR/COLLECTOR shall PERFORM THE SAID SERVICES LN THE SAME MANNER AND FASHION AS TARRANT COUNTY COLLECTS ITS OWN TAXES due and owing on taxable property situated within its boundaries. The services performed shall include, but not be limited to; receiving information from thr Tarrant Appraisal District for purposes of the Certified Appraisal Roll, and monthly changes thereto: providing Mortgage Companies, Property Owners and Tax Representatives, tax roll and payment data; providing all necessary assessments of taxes and Truth in Taxation calculations as required; the transmittal of tax statements via the U.S.Mail or electronic transfer of data; rapid deposit payment processing; monthly balancing statements; the annual printed. Tax Rtili, Delinquent Roll and Paid Roll; and a monthly data processing magnetic tape of delinquent accounts in the same format (Exhibit "A") as provided to the law firm with whom the County has contracted. All CITY disbursements for collected tax accounts will be made to the CITY on the day the County Depository Bank indicates the mandatory assigned "float" period has elapsed Page 1 T. a y — 'SEP — _ - - 9 1— U E 1 1 : — 4=, and the funds are posted to the collected balance. All disbursements made by check will be the day following collection. If any daily collection total is less than one hundred dollars ($ the disbursement will be withheld until the cumulative total of taxes collected for the ('lT ' equals one hundred dollars (SI00.00), or at the close of the month. COMPENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR.compensation for the services rendered are as follows: 1. A rate of forty cents ($.40) per transaction or account collected/refunded by the ASSESSOR/COLLECTOR. _. The cost of additional services requested by the CITY not set out in Paragraph I. will be deducted from the CITY'S collections. A. Data Processing requests: $350 per C.P.U. hour B. Programming: $25 per hour 3. If the CITY determines it necessary to have their auditors to be on site within the tax office and requiring Tax Assessor-Collector staff assistance and research. then the CITY will offset those additional costs at a rate of $660.00 per day for each day the auditors are on site. III. TAX RATE REQUIREMENT The CITY will provide the ASSESSOR/COLLECTOR, in writing, their newly adopted tax rate and exemption schedule to be applied for assessing purposes no later than 2:00 p.m.. Friday, September 18. 1992. Under authority of Section 31.01 (h) of the Property Tait Code. any additional cost of printing and mailing tax statements because of late reporting of the tax rate car the exemption schedule will be charged to the CITY. If the CITY wishes their collection reports • to he broken out as to maintenance and operation fund and interest and sinking fund, then the notice advising of the new tax rate must set out the separate rates, as well as, the total rate. Page 2 5C - 3 !+ - o = TUE 1 1 : 4. ' 1V. TERM OF AGREEMENT This Agreement shall become effective as of the date hereinabove set out, and shall continue in effect during the 1992 tax year; unless sooner terminated by providing notice as outlined in paragraph IX. V. COMPLIANCE WITH APPLICABLE STATUTES, ORDINANCES, AND REGULATIONS In performing the services required under this Agreement, the ASSESSOR/COLLECTOR shall comply with all applicable federal and state statutes and Court orders. If such compliance is impossible for reasons beyond its control,the ASSESSOR/COLLECTOR shall immediately notify the CITY of that fact and the reasons therefor. VI. DEPOSIT OF FUNDS All fund, collected by the ASSESSOR/COLLECTOR in the performance of the services stated herein for the CITY shall be promptly transferred to the account of the CITY at their depnsirnry bank. VII. REFUNDS Refunds will be made by the County. The ASSESSOR/COLLECTOR will advise the CITY of changes in the tax roll which were mandated by the Tarrant Appraisal District. VIII. DELINQUENT COLLECTIONS The Tarrant County Commissioner's Court has contracted with a Law Firm to collect all taxes delinquent after DULY 1. The ASSESSOR/COLLECTOR will collect the fifteen percent c 15% Page 3 . 5 E - = . - a T Li E 1 1 _ = S 0 collection fee, when allowed, from the taxpayer upon receipt of the tax payment and forward the amount directly through to the CITY for compensation to a Firm under contract to the CITY. If the delinquent collection Attorney contracted by the CITY requires attendance of tax personnel at a court other than the District Courts in downtown Fort Worth, and the county is not a party, the employee's expenses and proportionate salary will be the responsibility of the CITY and will be added to to collection expenses and charged to the CITY. iX. NOTICES Any notices to be given hereunder by either party to the other may be effected, in writing, either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the address of the parties'as they appear in the introductory paragraph of this Agreement, but each party may change this address by written notice in accordance with this paragraph. X. MISCELLANEOUS PROVISIONS • 1. This instrument and the attachments hereto contains the entire Agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or oftect excepting a subsequent modification in writing and signed by the parties. 2. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County. Texas. 3. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. 4. in case any one or more of the provisions contained in this Agreement shall for any reason he held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality. or unenforceability shall not effect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained. 5. This Agreement and the attachments hereto constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Page 4 Lc SEP2 _ - 92 TUE 1 1 : 2E. 0 Executed on the day and year first above written, Tarrant County, Texas. JUNE GARRISON TAX ASSESSOR/COLLECTOR TA R R A NI' COUNTY FOR THE CITY OF SOUTHLAKE: BY. TITLE • FOR TARRANT COUNTY: BY: TOM VANDERGRIFF TARRANT COUNTY JUDGE Page 5 SEP ^ - T UE 1 1 - _ n 0 F..XWMIT A TARRANT COUNTY TAX OFFICE NAMF- DELINQUENT ACCOUNTS - MAS I I:R FILE RECORD LAYOUT: TYPE LENGTH DESCRIPTION N ]I ACCOUNT NUMBER A 01 ROLL CODE A 30 OWNER NAME I • 30 OWNER NAME 2 • 30 ADDRESS LINE I 10 ADDRESS LINE 2 20 CITY • 02 STATE N 09 ZIP A 02 BAD ADDRESS FLAG A 30 LEGAL DESCRIPTION 1 ' A 30 LEGAL DESCRIPTION 2 ▪ 30 LEGAL DESCRIPTION 3 A 30 LEGAL DESCRIPTION 4 , 11 ACRES 18 STREET NAME • 07 STREET NUMBER N OR SQUARE FOOTAGE A 30 P1DN 01 OVER 65 01 HOMESTEAD 01 DISABLED 03 TAD EXEMPTION CODE 01 ARB 45 ENTITY CODES I S NON BILL CODE 03 SPTB • (11 QUARTER PAYMENT (U SPLIT PAYMENT 01 AGREEMENT ASCU ,) TRACK 6250 BPI RECORD SIZE - 421 BLOCK SIZE - 10525 LABEL Page 1 c 75— 7 SEP - 2 2 - 9 TUE 11 : 2E. 0 P EXHIBIT A (CONTINUED) TARRANT COUNTY TAX OFFICE NAMF.: DELINQUENT ACCOUNTS - RECEIVABLE FILE RECORD LAYOUT: TYPE LENGTH DESCRIPTION N 11 ACCOUNT NUMBER • (12 YEAR N 03 TAX UNIT A 01 FIDUCIARY N 06 DELINQUENCY DATE N 11 LEVY N 11 BALANCE N 06 JUDGEMENT DATE 15 SUIT NUMBER I S BANKRUPTCY NUMBER ASCII ,, TRACK 6250 BPI RECORD SIZE - 81 BLOCK SIZE • 16200 LABEL • Post-It'brand fax transmittal memo 7671 Nat o,g,,, C,tarrt Au.) ��1� co. Dapt. P �� t°, TA X 881-1- Via Fa F!, A+ OZ Page 2 City of Southlake,Texas RESOLUTION NO. 92-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AGREEMENT WITH TARRANT COUNTY TAX OFFICE, RENEWING THE CONTRACT FOR COLLECTION OF THE AD VALOREM TAXES IN DENTON AND TARRANT COUNTIES; PROVIDING AN EFFECTIVE DATE. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That the City Council hereby authorizes the Mayor to enter into an amended agreement between the City of Southlake and Tarrant County Tax Office for collection of Ad Valorum Taxes in Denton and Tarrant Counties, in the form attached hereto as Exhibit "A" and authorizes the Mayor to have delivered an executed copy of the agreement to Tarrant County. Section 2 . That this Resolution shall become effective on the date of approval by the City Council . PASSED AND APPROVED this the day of , 1992 . CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas sc - 9 City of Southlake,Texas MEMORANDUM CITY MANAGER , September 30, 1992 TO: Curtis E. Hawk, City Manager i FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Appointment of Mike Bedrich - Reserve Officer As you know Mike Bedrich has accepted a position with Tarrant County Junior College, Training Academy as an assistant training coordinator. Mike wishes to continue his service with the Department as is Reserve Officer. Because of Mike's two and a half years experience with the Department of Public Safety and the City of Southlake, I am waiving the residency requirement and request that he be L// be appointed as a Reserve. 06 BC( moVedrich.Res mr • �cl-� City of Southlake,Texas RESOLUTION NO.92-46 A RESOLUTION OF THE CITY .COUNCIL OF . ...THE. . .CITY OF SOUTHLAKE, TEXAS, APPOINTING A RESERVE POLICE OFFICER, PURSUANT TO ORDINANCE NO. 523 ; CREATING A RESERVE POLICE FORCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 4, 1990,4 the City Council of the City of Southlake, Texas , approved Ordinance No. 523, Creating a Reserve Police Force; and, WHEREAS, in Ordinance No. 523, Section VII , Appointment of Members by City Council prior to the Reserve Officer carrying a weapon or otherwise act as a peace officer, sets out the criteria for appointment of Reserve Police Officers; and, WHEREAS, Director of Public Safety, Billy Campbell is requesting approval of the City Council for the appointment of a Reserve Police Officer; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That all the above premises are hereby found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2 . That Mike Bedrich be appointed by the City Council as a Reserve Police officer of the City of Southlake, as recommended by Director of Public Safety, Billy Campbell . Section 3 . That this resolution hereby becomes effective upon its passage by the City Council . PASSED AND APPROVED this the day of , 1992 . CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary City of Southlake,Texas RESOLUTION NO. 92-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTHLAKE AND CARROLL INDEPENDENT SCHOOL DISTRICT FOR FUNDING THE TEEN COURT PROGRAM; AND A CONTRACT WITH AN INDEPENDENT CONTRACTOR FOR PERSONAL SERVICES AS A TEEN COURT COORDINATOR; PROVIDING AN EFFECTIVE DATE . WHEREAS, the City Council and the Carroll Independent School District have agreed to participate in the City of Southlake Teen Court; and, WHEREAS, the City and CISD have each budgeted to fund $10, 000 toward the Teen Court Coordinator; and, WHEREAS, the Municipal Court Judge will oversee the operations of the Teen Court and request the appointment of a paid Teen Court Coordinator; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . All the above premises are found to be true and correct and are hereby incorporated into the body of this Resolution as if copied in its entirety. Section 2 . The City and CISD each agreed to fund $10, 000 toward the Teen Court Coordinator. Section 3 . The Teen Court Advisory Committee will make a recommendation to the Municipal Court Judge for appointment of • the Teen Court Coordinator and the Municipal Court Judge will request approval of a Teen Court Coordinator by the City. Section 4 . The Mayor is hereby authorized to enter into an Interlocal Agreement between the City and the CISD to fund the Teen Court Coordinator. Section 5 . The Mayor is hereby authorized to enter into an agreement between the City and an Independent Contractor , as requested by the Municipal Court Judge, for a Personal Services Contract for Teen Court Coordinator. .5".�-s • City of Southlake,Texas Resolution No. 92-44 Teen Court Interlocal Agreement page two Section 6 This Resolution is hereby in effect upon passage by the City Council . PASSED AND APPROVED this the day of , 1992 . CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas i ' INTERLOCAL AGREEMENT CITY OF SOUTHLARE AND CARROLL I.S.D. This Contract and Agreement, entered into the day of 1992 , by and between the City of Southlake, herein called "City, " a Municipal Corporation of Tarrant-.and Denton Counties, by and through its duly authorized Mayor, and the Carroll Independent School District, herein called "School District, " by and through its duly authorized , both ,parties acting herein under the authority and pursuant to the terms of Article 4413 (32c) known as the "Interlocal Cooperation Act, " WITNESSETH THAT: WHEREAS, the City Council of the City of Southlake and the Board of Trustees of the Carroll Independent School District jointly find that it will be in. the public interest to enter into this agreement for the purposes set out hereinbelow, NOW, THEREFORE, it is mutually agreed between the City and School District that: 1. Teen Court is a volunteer program which allows juvenile misdemeanor offenders an alternative to the criminal justice system while allowing them also to assume responsibility for their own actions by involvement in the judicial process and community services in order that their offenses will not be recorded. Bringing juvenile offenders to a jury of their peers and to the COMMUNITY for constructive punishment will provide the youths with an understanding of the judicial system and a realization of their roles in the community. 2 . The community will benefit from this interaction as well. Through their involvement in Teen Court, the community is afforded a unique opportunity to become involved in the education of juvenile offenders, as well as juvenile volunteer. Teens, through their active involvement are afforded a way to learn how our system of justice works and to realize their roles in the community. 3 . A Teen Court Advisory Board has been appointed comprised of nine (9) members: two (2) citizens and one (1) member of the City Council, appointed by the City Council; one (1) member of the School District staff and one (1) member of the Board of Trustees of the School District, appointed by the School District on an annual basis; and, four (4) students of Carroll High School selected by the School District. 4 . The City shall contract for professional and personal services to coordinate the activities of the Southlake Teen Court program. Page 1 - 3 7FF.NGTLAC4/ORO&RES&AGR/ib �� 5. The selection of the Independent Contractor to serve as Teen Court Coordinator shall be subject to the approval of the Municipal Court Judge. 6. The School District shall pay to the City the sum of $10, 000 for the School District's contribution to the City's Teen Court Program. The City shall submit invoices quarterly requesting payment in the amount of $2,500. 7 . Scope of services provision in Personal Services Contract with Teen Court Coordinator shall provide that Teen Court Coordinator shall counsel with students and work closely with School District staff including Director of Maintenance and Operations to provide, whenever possible, community service through the CISD. 8 . This Contract shall be for the initial period of one (1) year beginning 9. Either party hereto may terminate this agreement without recourse or liability upon thirty (30) days written notice to the other party. ATTEST: Sandra L. LeGrand Mayor, Gary Fickes City Secretary City of Southlake Approved as to form and legality: City Attorney Carroll Independent School District Page 2 5 _ TEENC72AQUORD&RESAAGR/Fb CONTRACT FOR PERSONAL SERVICES This Contract and Agreement, entered into as of this day of , 1992, by and between the City of Southlake, Texas, a municipal corporation of Tarrant and Denton Counties, hereinafter referred to as "CITY, " and , hereinafter referred to as "CONTRACTOR, " WITNESSETH THAT: WHEREAS, the City and the Carroll Independent School District have entered into an interlocal agreement to jointly fund the operation of a Teen Court; and, WHEREAS, the City desires to engage the Contractor to render professional and personal services hereafter described in connection with the operation of the Teen Court; and, WHEREAS, the Municipal Court Judge has requested that be appointed as the independent contractor to render professional and personal services as the Teen Court Coordinator, NOW, THEREFORE, the City and Contractor do mutually agree as follows: 1. Employment of Contractor. The City hereby agrees to engage the Contractor and the Contractor hereby agrees to perform personally the services hereinafter set forth in connection with the operation of the City of Southlake Teen Court. 2 . Scope of Services. The Contractor shall perform all the necessary services under this Contract and Agreement to coordinate the overall activities of the City of Southlake Teen Court Program with the Municipal Court Judge, Municipal Court Clerk, and the Teen Court Advisory Committee, as determined by the City, to include the following: A. All activities set out in Attachment A. B. All other activities required by the Municipal Court Judge, Municipal Court Clerk, and/or the Teen Page 1 7FFNCT.A QUORD&RES&ACR/16 �� . Court Advisory Committee in connection with the operation of the Teen Court program. 3 . Compensation. City agrees to pay the Contractor the sum of for those services set out hereinabove. 4 . Method of Payment. City shall pay to the Contractor the amount set forth above, which shall constitute full and complete compensation for the Contractor's Services hereunder. Such sum will be paid in monthly payments at the rate of per month, subject to receipt by City of request for payment from Contractor. Contractor's request for payment for services shall be paid by City within seven (7) days after receipt of such request. Contractor's request shall specify that Contractor has performed services set out under this Contract in conformance with Contract, and that Contractor is entitled to receive the amount requested under the terms of the Contract. 5 . Independent Contractor. Contractor shall be considered an independent contractor for all purposes set out hereunder, and shall not be considered an employee of the City and shall not be entitled to any benefits of employment with the City. 6 . Reports. Contractor shall file reasonable written reports on activities of the Teen Court Program on a timely basis when requested by the City Manager. Such reports shall be in addition to any other reports required under other provisions of this Contract and Agreement. 7 . Records . All materials, data, documents, and reports prepared or assembled by Contractor in connection with service performed under the terms of this Contract shall become the property of the City and shall be retained with the City. 8 . Release of Information. Any reports or information prepared or assembled by Contractor under this contract, deemed confidential by City, shall not be released by Contractor without prior. written approval of the City Manager. 9 . Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same, without the prior written consent of the City. Page 2 n, 7FFNCI.AQLORD&RES&AGRikb ��C/ -' 10 . Term of Contract. This Contract and Agreement shall be for a period of one (1) year beginning 11. Termination of Contract. Either party hereto, Contractor or City, may terminate this Contract and Agreement at any time with or without cause, without recourse or liability by giving written notice to the other party and specifying the effective date thereof. 12 . Changes. The City may, from time to time, require changes in the scope of services of the Contractor to be performed hereunder. Such changes which are mutually agreed upon by and between the City and the Contractor, shall be incorporated in written amendments to this Contract. IN WITNESS WHEREOF the City and the Contractor have executed this agreement as of the date first above written. Approved as to legal form and adequacy: BY Attorney at Law Mayor, City of Southlake Contractor Page 3 {,)�` 7FFNCT.AGR/ORD&RFS&AGRAb y •' ATTACHMENT "A" SCOPE OF SERVICES FOR THE SOUTHLARE TEEN COURT COORDINATOR 1. Organize the Teen Court trials including: A. Schedule the court docket B. Contact and schedule the Teen Court Judge • C. Contact and schedule the Teen Court officers: attorneys bailiff D. Notify the defendants of their trail date E. Assign defendants to the attorneys F. Publicize the date and time of the court session at the schools to draw random jurors G. Supervise the students during the court session 2. Recruit court officers and jurors 3 . Recruit and organize adult volunteers 4. Organize training for Teen Court officers: attorneys and bailiffs 5. Organize and coordinate community service projects, including, to the extent possible, service to school Carroll ISD and City of Southlake 6. Assign defendants to community service projects to fulfill their sentences 7. Check with community service supervisors as to the progress of the defendants' progress to assure they are completing their sentences on schedule, maintain status reports, and notify Municipal Court Clerk of status of all defendants 8 . Perform duties as a counselor to defendants and their parents who have questions about Teen Court 9 . Contact defendants and notify the Southlake Municipal Court Clerk when defendants have not completed their sentences 10. Maintain records for Southlake Teen Court 11. Maintain office hours at a City or CISD facility 12 . Assist the municipal court clerks with communication between juvenile defendants and the Municipal Court 13 . Provide the community with information about the Teen Court program through publicity and public relations 14. Provide quarterly reports to the City Manager, the CISD superintendent, Municipal Court Clerk, and the Teen Court Advisory Board which will include: . Exhibit "A" Pg. 2 A. Accounting of defendants' work hours, placement, etc. B. Expenditures for program's operation C. Update on progress of the program and implementation of new programs 15. Make recommendations to Municipal Court Judge and Teen Court Advisory Board concerning development and implementation of new Teen Court programs 16. Attend training session as required by the City 17. Serve as liaison between Carroll High School and Carroll Middle School students, CISD administration, teachers, Municipal Court, and Teen Court 18 . Make recommendations to the Municipal Court Judge in cases where defendants have not fulfilled their sentences 19. Assist in fund raising to help defer Teen Court costs 20. Be on-call at home during the evening and weekends to receive phone calls 21. Provide original minutes of Teen Court and Advisory Board meetings to City Secretary, and disseminate copy to C. I.S.D. Superintendent 5i -? • City of Southlake,Texas MEMORANDUM • • September 30, 1992 TO: Curtis E. Hawk, City Manager ' • FROM: Karen P. Gandy, Zoning Administrator • • SUBJECT: ZA 92-35 Zoning Change Request • • • REQUESTED ACTION": Zoning change request for 22.27 acres situated in the R. D. Price.' Survey, Abstract No. 1207, Tracts 2F, 2F6, "2F7, 2F8, 3B1, 3B1A, 3B1B, and 3B1C. LOCATION: 2930 Ridgecrest Drive, located on the - . west '. side of Ridgecrest Drive, South of the Kidwell Addition. • . • • OWNER: Plano Bank and Trust • AGENTS: Ron Rodenberg and Bob Bronstad • CURRENT ZONING: "SF-1A," Single Family-lA Residential . . REQUESTED ZONING= , "AG," Agricultural LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: This property was rezoned to "SF-1A" with the adoption of Ordinance No. 480 in September, 1989. • • NO. NOTICES SENT: Nineteen (19) . • • RESPONSES: None P & Z ACTION: September 3, 1992; Approved (6-0) • September 15, 1992; Approved (7-0) , First Reading, Ordinance No. 480-77. • STAFF COMMENTS: The agents have indicated that the potential buyer would like '. to continue the existing use of residential/equestrian stables and would like to add a new 'covered arena and show ring after purchase. ' Plano Bank and Trust has applied fora specific use permit: equestrian uses and preliminary plat of the property. The Council should review these cases on November 3, 1992. • KPG • • ; IA- CITY OF SOUTHLAKE APPLICATION FOR CHANGE OF ZONING Submittal Date: Aug. 10, 1992 Case Number: ZA 9Z.-3.5 'Fee: $100.00 Receipt No. PLEASE TYPE OR PRINT A. APPLICANT OWNER(S) (if different) Name: Ron Rodenberg P 1 ann a nk • mr„Gt Agent: Ron Rodenberg or Bob Rrnnct-Aa Ro E. Hanna -�' 1LyW Address : 1001 E. Northwest Hwy.Stu. A 1105 West 15th St. Box XNNfg Grapevine; Texas 76051 Plano, Texas 75086 -91�i Telephone: 481-1217 pager# 671-6040 B. PROPERTY DESCRIPTION: Legal Description: • ( ) Property is unplatted according to the County Deed Records Vol . , Page . It is shown as Tract of the Survey, Abst. No. , City Tax Records . ( X ) A metes and bounds description is attached. ( ) Property is platted and described as : Subdivision Name: Block , Lot( s) ; Block , Lot(s) ( ) Address of Subject Property: Property Location: 2930 Ridgecrest Southlake Texas 76092 • Acreage: 22 .27 Acre Tract in the R.D. Price Survey AB# 1207 ( ) A typed mailing list of all property owners within '.200 feet of the subject property is attached. ( x ) A current survey or plat map is attached. • ( ) A concept plan shall be submitted for "CS" , "SF-30", "SF-20A" , "SF-20B" , "MF-I" , "B-1" , "B-2" , "HC" , "S-P-2" zoning requests . (Required prior to development site plan submittal, but Optional at the time of zoning request for "0-1" , "O-2" , "C-1", "C-2" , "C-3" , "C-4", "I-I", "I-2" zoning districts . ) ( ) A development site plan shall be submitted with zoning requests in the "MH" and "S-P-1" zoning districts . 7A-2 City of Southlake Application for Change of Zoning Page Two • C. NATURE OF THE REQUEST: Present Zoning: Single Family lA Requested Zoning: Agricultural Existing Use: Equestrian Center Proposed Use: Equestrian Center' Reason for Requesting the Change: To make application For Specific Use Permit for riding arena. D. AUTHORIZATION BY OWNER(S) : I (We) hereby authorize the City of Southlake and its employees to enter upon the premises herein above described at all reasonable times for the purpose of erecting, maintaining, or removing signs, to notify the public of the pending zoning application and/or public hearing concerning said application. I (We) release the City of Southlake and its employees from liability for any damages which may be incurred to my (our) property in the erecting, maintaining, or removal of said signs . I (We) further understand that it is necessary for me (us) to be present at the Planning and Zoning Commission and City Council public hearings . Ross E. Hanna Aug 10, 1992 Signature of Owner Name Typed or Printed , Date E. AUTHORIZATION IF AGENT INVOLVED: I , Foss E. Hanna , owner of the aforementioned property property do hereby certify that I have given my permission to Ron Rodenberg or Hob BrnnstAO act as my agent for this rezoning request. s Aug ,0 1992 Signature of Owner(s) Name Typed or Printed Date Before me, a Notary Public, on this day personally appeared -pCSS c{,,..� c� , known to me to be the `person whose name is subscribed to the foregoing instrument and acknowledged to me that . he or she executed the same for the purposes and consideration therein expressed_ GiC en under my hand and seal of office this day of , ni/NX)10-k---DJ NOTARY PUBLIC IN AND FOR TEXAS My Commission expires the /3 day of 19 /fr . $ 11 c000cc000cwoscocopppOO°0000coco 8 t, KARRI L.NIMMONS ' : Notary Public,State of Texas ooe My Commission Expires 07-13-1996 oc000cooccc000xm000coacccoc ,ocro 7A-3 • & irrJa /1,1171,Ldvitt apfutli. • • • - SI • -Y -:ANAL SIT - - - �•4rA:•r '.4--_i-t•. .'1"_r '�^.- •'�� ..ice - - ';Drive-• _ - - - :a' te�sis=rlocat'edat��2930M�;Ri3g � _,�'-_• ,� ��___,----- .�-� - -- <� �r� � = . The�-sijec : - .,•��� e� ---- • : % �-. - > .=_�;?i 'GL'' ...iav:..:a :a:- `: ^' 'S'.1 Tit -.r-�4-�r'^c�-+--- `cam ...Y,�i•_•s,+�i-^fae�N - i w••+ Tone-ha° m3le- -�r-t��Tarran Court}., Texas.,:�Ttiis3siterise::locsted.�a roximately�„_- rkt%s. .rnil'+!_.+�:F'='a� .....r`i=",. 1jty+4':ac- �e.=_^.�-_�''�---:emu^nortli�o���iiitersectiQnao gcrest:TDrive�FandvEastwDove�St=eet on• t e •-a� +aa;:.:�•r:,••1:.-.._._LY! ia' :.."�-:s?ti..•e ..!!. yti•Sy+S iY+'+,v.+ AMkgT of Rid ecres 'mac--.:y r=^� �.T 8.,yr. • '-_ — — r. '�Clc�ri:J:o-�`--.--i:Kx-�".� ��•'�'-S,�e`�...'�`sa.,.,- _ `�.j_= _ _'~i+'-..;...�.i:�:r+.._:2-.�-�.A: ..,=�':a::.:rF- `+a _ _ - .y•s 'f3-ryi.i - - .yry _ - - �eiie�a - s - s•is-=of`ttie•�s•ite 'g _ The-.informatioii_below::is a biief synop characteristics: - Size: • 3.972 acres (Tract A - residence site) 18.298 acres (Tract B - farm site) 22.270 acres (Total estate) Shape: Basically rectangular • Frontage: Approximately 680.98' along the west •side of Ridge'crest Drive. • Topography: • The site is at street grade level with .a gentle slope upward to the midpoint leveling at the top. • Flobdplain: According to the floodplain maps for Southlake, the site does not lie within • any known flood area. Soil : A soil analysis has not been obtained the appraisers. However, an inspect-on J_ the surrounding improvements _-. the neighborhood did not reveal any den--e O_ structural damage caused by unstable Soil. Access: Access , as well as ingress/egress to the site is provided by Ridgecrestrive which intersects with East Dove Street east to Carroll Road south to State Highway 114 . Surrounding Land Use: North: Vacant/Horse Fa m South: Vacant/Horse Farm East: Single-family residence West: Vacant/Horse Far= Easements: No easements that would adversely affect value or marketability of the subject site were noted from a review of the survey. • EQUINE IMPROVEMENT ANALYSIS • Therovements..relative to Tract B:of. the subject estate::are= _ . currently_being"utilized for- the boarding;. training and -raising- of-;quarter::.` horses:..: The i?rovements consist of two horse barns, one metal storage-building and two horse shelters . The equine facilities are described subsequently. Main Barr_ This barn totals 9,422 •square feet and is constructed of metal and tiltwall construction with rock inlays and 10 foot eave height. Situated - in a concrete slab, this building has 21 stalls, two grooming stalls, tack - room, an fice• and restrooms . Other features include a 1,600 square foot courtyard area, water piping to each and four roll-up metal doors. • Secondar-: warn • • This barn totals 4 , 950 square feet and is constructed of metal walls and roof- Situated on a concrete slab, this building has 11 stalls, two grooming stalls , two tack rooms and a 1,000 square foot courtyard area. Three stalls of this facility were constructed eight years ago;. with the remainder added approximately one yeargo. U r i l_t . • f __a h: .i 1. d :.. • This _ . _-uga:ec m_.-.__ _ -.o _ .,..._ __ i _ us:_..c ted c _ -._..t_ete .:lab with a - foot e a. .. height- measures . 2 s Lsquare _ ._ . . c orse Shelters These two shelters ters are of metal coins::.:c:ion with one Oren side- and dirt_ flooring They are placed separately c-n the subject grounds. The _e_a_ning improvements listed as follows : __ - 300_ S: boar_ c._ board = septic tanks 22 . ✓00-- SF asoha ' . _ 'g _-J shallow later wells and :co Underground electrical and water service . •• The construction quality of all equine buildings appear co be good and . of high standard. 7A•5 • • ROBMSOY - !' n • 2 X•-.HARMS 8 • Zi -r:Z.1,7571 . .0 . i/' ' -as j A IROBX I -% ..+\ JJJ� I r.••i��- •'�,:` _ M R'2ELTOR ` j el �, r ' 1". " _N6 p • ` iK'PRSCF 71 I l X•TYROOP C 1. ji 1 I 1 I F ...KRIS II1 'Y WNAFFEY ~• \ - 1 ,.tI 1T1!^t^r.r,t \ ' •• J 1r2M'ELL d I r="fci= I --.',s F4s—t:ici_ � I \ t -` _-_ f_` M1_q^S_= '_3 - _- 'i �i • JD JOXES ----di) - -Rid _____C 1 I F;Fire,"1-W: .". __'t r"-- -- • .-... • I V.I.F4LL� J WtZWELL r� -_J as DENTON • .ar ._)---H %---.i - w• - TARRANT. - .-n.._ d•.'nil•;. I C -.,�..' �,�.\ I Fri 11 �-v'_�. . i'!.'iAEIDL cm t -1: D DOLITX,T W r ,1 ,. '•� • �� F•_� \r o"1 II /1 f \ - I. _ ! 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CITY OF SOU'1HLAKE, TEXAS ORDINANCE NO. 480-7 7 `7 ORDINANCE ?MENDING ORDINANCE NO. 480 , AS AMENDED, THE / COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, / TEXAS ; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR, / TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 22 . 27 ACRE TRACT OF LAND OUT OF THE R.D. PRICE SURVEY, ABSTRACT NO. 1207 , TRACTS 2F, 2F6, 2F7 , 2F8 , 3B1, 3B1A, 3B1B, AND 3B1C, AND MORE COMMONLY KNOWN AS 2930 RIDGECREST DRIVE, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE FAMILY-IA, RESIDENTIAL, TO "AG" AGRICULTURAL; SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND " PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "SF-1A" Single Family-lA Residential 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 Page i �� _/ORD/kb Page 1 • this ordinance for off-street parking facilities ; location of ingress and egress points for parking and off-street loading spaces , and protection of public health by surfacing on all parking areas to control dust; effect on the cromotion 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 22 . 27 acre tract of land out of the R.D. Price Survey, Abstract No. 1207 , Tracts 2F, 2F6 , 2F7 , 2F8 , 3B1, 3B1A, 3B1B, and 3B1C, and more commonly known as 2930 Ridgecrest Drive, and more fully and 480.77/ORD/kb Page?. 'J� -/D completely described in Exhibit "A, " attached hereto and incorporated �� , From SF-lA Single Family - _A Residential to "AG" Agricultural District. Section 2 . That the City Manager is hereby directed 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. 480.77/ORD/kb 7a, --7/ Page 3 Section 8 . All rights and remedies of the. City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480 , as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9 . The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. Section 10 . This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1992 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1992 . MAYOR ATTEST: CITY SECRETARY 480.77/ORD/kb Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: 2 • 480.77/ORD/kb 3 Page 5 City of Southlake,Texas CITY MANAGER MEMORANDUM October 1, 1992 TO: Curtis Hawk, City Manager FROM: Chris Terry, Asst. to the City Manage SUBJECT: ORDINANCE NO. 537, 2ND READING, SMOKING ORDINANCE The attached copy of Smoking Ordinance No. 537 contains no changes since presented to City Council at the September 15 meeting. Several councilmembers have voiced concerns over certain aspects of the Ordinance to staff. These concerns include scope of authority relating to the Carroll ISD and other enforcement issues. The City Attorneys Office will address these issues before Council. - I CT ' I -ORUINANCE NO. 573 7 -I ORDINANCE TO PROMOTE THE PUBLIC HEALTH BY ESTABLISHING PUBLIC SMOKING REGULATIONS; PROVIDING FOR DEFINITIONS; PROHIBITING SMOKING IN CERTAIN DESIGNATED AREAS AND PUBLIC PLACES; REGULATING SMOKING IN FOOD PRODUCTS ESTABLISHMENTS; REGULATING SMOKING IN THE WORKPLACE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. S, the City of Southlake, Texas is a home rule c' • under its charter adopted by the electorate pursuant to tic a XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, there is a substantial body of evidence which concludes, that the smoking of tobacco may be a danger to health and a health hazard to those who are present in confined spaces; and WHEREAS, it is the desire of the City Council of the City of Southlake, Texas, to provide for the regulation and prohibition of the smoking or burning of tobacco products within certain facilities, both private and public, within the City of Southlake, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Definitions The following words and terms when used in this Article and Section, unless otherwise defined within, shall be understood to mean: 1.1 "Employee' - means any person who is employed by any employer for direct or indirect mo etary wages or profit. 1.2 "Empl yer" - means any person who employs the services of an individual person. �✓�'0 1.3 "Enclosed" - means closed in by a roof and walls with appropriate openings for ingress and egress, but does not include areas commonly described as public lobbies. 1.4 "Food Products Establishments" - means an operation that sells food for human consumption and includes restaurants of any kind, but does not include grocery stores. 1.5 "Health Care Facilities" - any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological and psychological conditions. 1.6 "Person" - shall include associations, firms, partnerships and corporations, as well as individuals or groups of individuals. 1.7 "Public place" - means any encl_osed area to which the public is invited or in which the public is permitted, and includes, but is not limited to: stores, offices, theaters, and other commercial establishments, restaurants, public and private institutions of learning, health care facilities, nursing and convalescent homes, and all public governmental facilities, but does not include the officers or work areas of workplaces not entered by the public in the normal course of business. A private residence is not a public place. 1.8 "Smoking" - means the possession of, or emitting or exhaling the smoke of, burning tobacco, weed, or other plant product. 1.9 "Workplace" - means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment. A private residence is not a place of employment. SECTI®N 2. General Provisions 2.1 The owner, operator, manager, employer, or other person having control of any area where smoking is to be prohibited shall post notice, as provided herein, in sufficient numbers and at such conspicuous locations, including entrances thereto, so as to be readily observable by a reasonably observant person and shall provide receptacles for the extinguishment of smoking materials within twenty feet (20') of the entrance to such area where smoking is to be prohibited as provided by this Article. 2.2 A sign prohibiting smoking shall be sufficient if it contains the words "no smoking, City of Southlake ordinance," the universal symbol for no smoking, or other language that clearly prohibits smoking. 2.3 Nothing in this Article or Section shall require the owner, operator, manager, employer, or other persons in control of any building, facility, room, establishment or structure to incur any expense to make structural or other physical modifications to comply with the terms and conditions of this Article and Section. The posting of signs or the slake\smoking.ord(91592) Page 2 7�_ 3 equipping of any area with facilities for the extinguishment of smoking materials shall not be construed to be infeasible structural changes. 2.4 Nothing in this ordinance shall be construed to permit smoking where it is otherwise prohibited by law or regulation. 2.5 Nothing in this ordinance shall be construed to preclude any owner or other person having authority to manage and control any public place or place of employment from prohibiting smoking to a greater extent than is provided by this ordinance. SECTION 3 Smoking Prohibited in Certain Designated Areas and Public Places 3.1 An owner, operator, manager, employer, or other person having control of any building or area within a building may designate all or any part of such building area thereof a "no smoking" area wherein smoking shall be prohibited upon compliance with the provisions of this Article and the posting of notice as herein required. 3.2 A person commits an offense if he or she smokes or possesses a burning tobacco, weed, or other plant product in any of the following indoor or enclosed areas: (a) an elevator used by the public; (b) any public place of any facility owned, operated or managed by the City, including but not limited to any public meeting room, conference room, restroom or public service area; (c) any retail, or service establishment serving the general public including, but not limited to, any grocery store, drug store, department store, and the public places within financial institutions; (d) every publicly or privately owned theater, auditorium, or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, performing arts, museum displays, athletic event, or any other performance or event; (e) all areas which have been properly designated by the owner or controlling management as "nonsmoking" areas in accordance with Section 3.1 of this Ordinance; (f) any facility of a public primary or secondary school; (g) designated nonsmoking areas of food products establishments as set forth in Section 4 of this Ordinance, provided that the owner has posted notice as required by section 2.1 of this Ordinance; slake\srnoking.ord(91592) Page 3 (h) designated nonsmoking areas of workplaces as set forth in Section 5 of this Ordinance, provided that the employer has posted notice as required by section 2.1 of this Ordinance; (i) health care facilities; provided that the owner or other person with authority to manage and control such facility may designate separate rooms, including in-patient sleeping quarters, or areas as places where smoking is permitted, using existing physical barriers and ventilation systems to the greatest extent possible to minimize the smoke in adjacent no-smoking areas. In no event shall smoking be permitted in any health care facility corridor providing direct access to in-patient sleeping quarters; 3.3 The owner or person in control of an establishment or area described in section 3.2(c), 3.2(d) and 3.2(f) may designate an area with the establishment as a smoking area provided that: (a) the area may not include the entire establishment; (b) the area may not include cashier areas or over the counter sales areas; (c) the area may not include the viewing area of any theater or movie theater; (d) the area may not include the entire lobby; (e) the area in which smoking is permitted utilizes existing physical barriers and ventilation systems to the greatest extent possible to minimize the smoke in adjacent nonsmoking areas. 3.4 It is a defense to prosecution under this section if the person was smoking in an area that was: (a) a designated smoking area of a facility or establishment described in section 3.2(c), 3.2(d), and 3.2(f) of this section which is posted as a smoking area with appropriate signs. (b) an administrative area or private office of an establishment described in section 3.2(c), 3.2(d), 3.2(f), or 3.2(i). (c) a retail or service establishment which is primarily engaged in the sale of tobacco products or smoking implements; (d) a retail or service establishment which is a food establishment regulated by section 4 of this ordinance. slake\smoking.ord(91592) Page 4 • SECTION 4 Food Products Establishments 4.1 A food products establishment which has indoor or enclosed dining areas with seating arrangement for 50 or more patrons shall provide separate indoor or enclosed dining areas for nonsmoking patrons. A nonsmoking area must: (a) be separated, where feasible, from smoking areas by a minimum of four feet (4') of contiguous floor space; ' (b) utilize existing physical barriers and ventilation systems to the greatest extent possible to minimize the smoke in adjacent no-smoking areas, and be situated where feasible so that air from the smoking area is not drawn into or across the nonsmoking area. (c) be clearly designated by appropriate signs visible to patrons within the dining area indicating that the area is designated nonsmoking; (d) have ash trays or other suitable containers for extinguishing smoking materials at the perimeter of the nonsmoking area. 4.2 A food establishment which has indoor or enclosed dining areas with seating arrangement for less than fifty (50) patrons may provide separate indoor or enclosed dining areas for smoking and nonsmoking patrons. If the owner or person in control of such a food products establishment does not designate a nonsmoking area, signs stating "This establishment does not provide a nonsmoking area" shall be posted at all exterior entrances to such establishment. Such signs shall be clearly legible and shall be posted conspicuously so as to be readily observable by a reasonably observant person. 4.3 Nothing in this section shall be construed to prevent an owner or person in charge of a food products establishment from designating the entire establishment as nonsmoking. 4.4 Each food products establishment with seating arrangement for fifty (50) or more patrons which has a dining area shall: (a) have and implement a written policy which conforms to this chapter and is kept on file on the premises; (b) make the policy available for inspection by employees, the controlling authority of the food products establishment, and municipal enforcement personnel; (c) have signs at the establishment's entrance indicating that nonsmoking seating is available. slake\smoking.ord(91592) Page 5 4.5 Nondining areas of any food products establishment affected by this section to which patrons have general access, including, but not 'limited to, food order areas, food service areas, restrooms and cashier areas shall be designated as nonsmoking areas. 4.6 It is a defense to prosecution under this section that the food products establishment is: (a) an establishment which has indoor seating arrangements for less than fifty (50) patrons; (b) an establishment which has more than seventy percent (70%) of its annual gross sales in alcoholic beverages; or, (c) a physically separated bar area of_a_food products establishment otherwise regulated by this Ordinance. 4.7 It shall be unlawful to operate a food products establishment without complying with this Ordinance. SECTION 5 ( Je oking in the Workplace .)\ 5. ithin three (3) months fro the effective date of this ordinance, every employer wit e who owns, occupies or controls a workplace shall adopt, implem and enforce a written Tolley on smoking that: (a) conforms to this Ordinance and Section; (b) reasonably accommodates the interests of both smokers and nonsmokers but minimizes the involuntary exposure of nonsmokers to second-hand smoke; (c) designates nonsmoking areas so as to use existing structural barriers and ventilation to minimize involuntary exposure of nonsmokers to second-hand smoke; and (d) establishes a procedure for addressing employee disputes and objections arising under the no smoking policy; (e) contains a statement that the employer shall not discharge, retaliate, or discriminate against any employee who: (1) files any complaint or causes any proceeding to be instituted under or related to this chapter; (2) testifies or will testify in any proceeding instituted under this chapter; or, exercises on his own behalf or the behalf of others any right afforded by this chapter. slakc\smoking.ord(91592) Page 6 5.2 Employers shall provide conspicuous signage indicating nonsmoking areas; 5.3 Nothing in this Section shall prohibit an employer from designating an entire workplace as nonsmoking. 5.4 Employers shall supply a written copy of the smoking policy to all current employees within three (3) weeks of the date of the adoption of the policy, and to all future employees at the time of their entry into employment. 5.5 It shall be unlawful for an employer to operate a workplace without complying with the requirements of this Ordinance. SECTION 6 Enforcement Any person who violates this ordinance shall be guilty of a Health and Sanitation misdemeanor violation and subject to a fined amount not more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8 This ordinance shall be cumulative of all provisions of ordinances of the City of Southiake, 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 9 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the slake\smoking.ord(91592) Page 7 City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 10 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 11 This ordinance shall be in full force and effect from January 1, 1993, after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1992. MAYOR ATTEST: CITY SECRETARY slakelsmoking.ord(91592) Page 8 • PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1992. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: • slake\smoking.ord(91592) Page 9 fr `lv City of Southlake,Texas MEMORANDUM ; September 30, 192 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-32 Plat Showing REQUESTED ACTION: Plat Showing for Lots 3 and 4„ S. Freeman No. 525 Addition, being 2.012 acres out of the duel Freeman Survey, Abstract No. 525, Tract 5M. • • LOCATION: 747 Shady Lane at Raintree Drive OWNER/APPLICANT: Phillip L. and Elsie A. Mummert • CURRENT ZONING: "SF-lA"-Lot 3 and "SF-30"- Lot '4 NO. NOTICES SENT: Twelve (12) • RESPONSES: None P & Z ACTION: August 20, 1992; Approved (7-D) subject to the August 13, 1992 Plat Review Summary. COUNCIL ACTION: September 1, 1992; Approved (E-0) the applicant's request to TABLE the plat until September 15, 1992 to allow time for completion of the drainage stud. September 15, 1992; Approved (7-0) the applicant's request to TABLE the plat until October 6, 1992 to allow time for completion of the drainage stud-v. • STAFF COMMENTS: Attached please find the Thi=d Plat Review Summary dated October 1, 1992. • KPG 8A- CITY OF SOUTHLAKE 03/15/91 FINAL PLAT/PLAT SHOWING/PLAT REVISION/AMENDED PLAT APPLICATION TITLE OF PLAT: Lot 3 & Lot 4, Samuel Freeman No. 525 Addition • SUBMITTAL C=ADLINE: 7/2../ ! - TOTAL LOTS: 2 TOTAL ACRES: 2.012 714 9.Z-3'Z' APPLICANT : OWNER (if different) NAME: Phillip L. Mummert & Elsie A. Mummert ADDRESS: 747 North Shady Lane • Sctr hlake, Texas • PHONE: I hereby certify that this plat is in conformance with the requirements of Subdivision Ordinance No. 483 and No. 217, Drainage Ordinance No. 482, and the Zoning Ordinance No_ 480, amendments, and other ordinances, maps and codes of the City of Southlake tha perta' to this, submittal. I further understand that it is necessary to be present at — Plan i d Zoning Commission and City Council meetings to represent the the enclo reque d dress any unresolved issues. •Signed: T Date: D I///9 For City Use Only: I hereby acknowledge receipt of the plat application and the application fee in the amount of $ 77O g on this the 27 day of u�y //• , 19-�J L - • • Signed: ,�ct,"i•1L' ✓ &jL I Title: u r/ f .6(intw '' U **********x - ********- ******•**************************** ****v************************** The followir g checklist is a partial summary of platting requirements required by' the' City of Sou=hake. The applicant should further refer to Subdivision Ordinance No. 483, ' No. 217, Drainage Ordinance No., 482 and the Zoning Ordinance No. 480, amendments, and other ordinances, maps and codes available at the City Hall that may pertain to this plat submittal. Shown Not GENERAL INFORMATION • On Plan Ate, i c. _X___ Permissible scale: 1"= 50' , 1"= 100' (Prefer.. l"=100' ) Sheet size shall be 24" X 36" X North arrow, graphic & written scale in close:proximity _ Vicinity Map _X_ Appropriate title, i.e. "Final Plat", "Plat Showing", "Plat Revision", and "Amended Plat" X Title includes Subdivision name, City, County; State and Survey and Abstract • Title includes total gross acreage, number of lots, and date of preparation X Name & address of record owner & subdivider (if different) X Name, address and phone of Surveyor - _�_ Standard approval block provided • X Proper format for owner's dedication and notary (Appendix) ' X • Proper surveying certification statement (Appendix) Courthouse filing record note provided $A-2 Final Plat . Page 2 of 3 * "�4 `e Shown Not ADJACENT PROPERTY (within 200' ) . On Plan Applic. .. X Unplatted• property: Name of record owner and corresponding deed record • volume and page for all adjacent unplatted tracts within 200 • feet, to include owners across any adjacent R.O.W. X Platted property: Show as dashed the lot lines, lot & block numbers, street names, subdivision name & plat record vol. & page , X Locate City Limit or E.T.J. Lines X All survey lines shown and labeled • X Existing zoning label on this tract and adjacent property X . .Existing easements adjacent to this property (Type & Size) - �— Previously approved concept plans or preliminary-plats : X Adjacent street intersections shown with street names GENERAL SITE INFORMATION X Legal description of the land to include: Current owners deed reference, name of- survey, abstract, county, state, POB tied to survey corner, previously filed subdivision corner or USGS ' monument, total acreage X Property corners labeled as to pins/rods, found or set with sizes X Subdivision boundary in heavy lines, with distances and bearings shown thereon that match legal description , -- X Existing R.O.W. shown, labeled and dimensioned,' i.e. public streets, highways, alleys, private street/drives, railroads,' etc. X All property corners dimensioned to centerline of adjacent streets All existing easements shown (Type & Size) X Existing structures shown (Note whether to ram' in or not) ' (Plat Revisions Only) PROPOSED INFORMATION X Utility easements: Where adjacent property is unplatted or platted showing a 5' U.E. , provide a 5' U.E. along the property line; if • adjacent property is platted and shows no easement, provide a 10' - U.E. along the interior of the property line X 10' U.E. along S.H. 114, F.M. 1938, F.M. 1709 X Street alignment in accordance with ordinance requirements X Curvilinear street requirements met (No. 483-5.03A) • X Street R.O.W. dimensioned and centerline dimensioned with'bearings X All curve data labeled (delta, radius, length, tangent) X Sufficient street stubs into adjacent property (No. 483-5.03-R-1) • X Street names provided not similar to any existing street names y R.O.W. dedication in accordance with the thoroughfare plan shown and dimensioned • X Lots and blocks labeled with numbers in consecutive order • X Square feet of each lot shown (Chart format ®_R.) X Drainage and utility easements labeled and dimensioned • • X Front building setback lines labeled or noted . X - .50' setback line shown on S.H: 114, S.H. 26, F.M. 1709, F.M. 1938 Final Plat '. ,: Page 3 of 3 Shown Not On Plan Applic. X Lots to be dedicated for public use, labeled as such i.e. school, parks, flood plains, open spaces, etc. , showing acreage and general perimeter dimensions (No. 483-Article VII) X Parcels reserved for private use shown as described above X Calculated dimensions for all lots, street R.O.W. and centerline easements, etc. -_- • Flood plain limit shown. Floodway shown and labeled with dimensional ties X Avigation easement shown' if applicable (Appendix) ' X Minimum finish floor elevations (No. 483-3.03-D-30) Note also provided (Appendix) X Deed Restriction Statement (No. 483-3.05-C) (Amended Plat Only) X Flowage easement note (Appendix 5) X Sight triangle note (No. 483-8.02) • ' X Driveway access limitation note (No. 483-5.01-H) X Any easements to be abandoned (No. 483-3.07-C) X Minimum lot width of 125' on certain lots (No. 483-A-8.01-E and F) X 30,000 sq. ft. min. lot area on certain lots (No. 483-A-8.01-G) Not Included Included OTHER REQUIRED SUBMITTALS _21K___ Complete and corrected water and sewer layout : Complete and corrected Preliminary drainage study by Professional Civil Engineer provided with contours in conformance with criteria in Ordinances No. 483 (3.03-D-35) and No. 482 x Perc tests for each lot not served by City sewer Certificate of taxes paid from City Tax Collector __ _ Certificate of taxes paid from County Tax Collector _X__ Certificate of taxes paid from School Tax Collector X Any proposed or existing deed covenants/restrictions _ X Any proposed Homeowners Agreements and/or documents • )C Developers Agreement (Prior to Construction) • First submittals for review by the Planning and Zoning Commission shall include: X Blueprints - folded 6" x 9" (17 copies) X Reduction of plan at 8.5" x 11" (1 copy) ` • X Copies of all written documents (1 copy) X Corrected Preliminary Water, Sewer, and Drainage Study (2 copies) Second submittals for review by the City Council shall include: Blueprints - folded 6" x 9" (17 copies) Reduction of plan at 8.5" x 11" (1 copy) . Copies of all written documents (1 copy) - • ' , Folder: P&ZFORMS File: APP.FIN gR-4 2C IE' cLavE7 ABST NE 1688 r �/.• 1--->Li . • ../CFORRE .7. f zl �� ' - � /�; \`\ h..!/// , ,, 6 54 sc \ __lam ---_ N ,��J� /!l"'^iii /fit ,...„._. _ . 2F2A �z 2FI . .N•Sr� f ' til' 553 Ac 67at 2E .\ \ • /r V -4--243t • --ausanma-7---x--- ..„., .-) • r••'`:/"Th..4 1 ,/,, ',..1. 4.4 . • .9 12A1 121A.a:ala I , I j� ^ 58 , �L� 1 j' i I .i I _ ! • rx - IC la 2C , t� 2c. 2E11 2C j A • _ • e 3CBC C \• - 2 :97 1'_sc I ssi `,502C Sa I 1 IC /' U9 \ vim'--�'_�,_ _. I ! I �.--- 83ac . ,I �BN 18t 8L BM. ' I a9 ac \\ •.Y •ac IL 2J 2G .5CL,,, C / - - \ :f r j I 1. ZI' ICJ- 8v! BD! SE gA 2A N��/NIII 3D� I __1 l,a Cie I I I In 56 At --•2a4 -8' ac--5D]t711 i/, ( \ J �/ w `RIiTJ'S"F, ' p�qf7!_ • ._-. _ 542 36 1 , ` / •SC "'S62 %r1 j BRI r BRI f t f I • - l I ,_-• _ 50 •� SC� Sc BWI 1 B3-L_a""_ 11 % } } 281 2 ,I SDIa, �• r_ 5 50 SS' lc BS e0�B.vl4 law 114 3a 3 - --Sy3a2' xIB SCIf - I 552 •ex' 8T a enq;jl ea, i1I _ I • 0 j I i ( i L�,J !SAaa1•. J�.1 1 , i [ 1+1!I 5A3 00,5c6. 5F 5N 5P� , ON5 I I 5D1B-r-� SL 15'I'I SMISG SK •4i ,� �DD I �\ '1 38;'i.�� B\7U I�/�uV QI�_ a ` SBAB,I I2BI�I 2BBI 2Bij 2812128 2B612s4A"Bcl 1._J�--� L I/ • 1 col. PP I� I'Tr f�lyC (����q�I� ,� ` SURVEY ABST,N21049 686Ac y'i SIA. In �� E14•• "t#?�',' ;-il/(,tyN I -.i 2 11I '���¢ I1/ / r 1 E I I I I � I 2 1 ¢ v b` { �j gi.' i 5 -$ R EY IA N^S 7 I ,IK(ni l , l l - ~ 282 2B IL1651 299! 2E15' 2BIC 128, - , +T!�b � Ji 'c.1 5�0 2DI 2GI 2C1 2L1 2NI 2F1 2,11 2P / `I -n'�" `I� �m_ �I f Si.- I D 5e5 . _• __ I �/�OA_i1 2K1• 2N 2E11 20, 2R 2,4 i.1 I • I R 3AI ,f. -j 5136 >I 24j r 2a f - f a • p� 1. ` ice- 582 ! 5B2DFT vim-+•-_.. •. 1 • ,r- �`F i ®�PV�—I���I U ���B ; - �, I !--�Fgi 5828 582A J1• 1\ Tom_ • - /- //�'� SURVEY A85- %8 a58Iis: , y I - SBI i iB3 B[iIB1 J L_ v 1 , I j -�-- ,� 3�C .3C1 I I { I _O • to 2E9C I �h� I J _ I NCRTNWEST PARKWAY EAST -1 1 I 12 - , '�, -- - - • *all' ,.iCki�' ! -, t ;- �- 2EU" -d<- I 1 I 3 2E. -2E c� e.ifiA • N. . �, - ?`�4 - . � DI A 2Fp . Yf I <yiF o I ` khP __ I _ _ NfP �1i_ Y{.E. , GCrE�D0-. c JI I �Io 2B�ffiA 182 i lb r �'�_ J -1_ v� 1 I• 1 ��I., ..4._ — 3 Y••-6. �': ` rl •��� I �� �� • 2B6 2' S I 3 3E 1 ,3C 1 39 i !1•e •:!' 1Ey.1,gy { �. I so it �_\!i-' 2Al1 2A2 1 I b 1 ; I ' BB ,e: 1 �� -1 15 AC i i a' I I 2A2A /,? Fs r ! J 18 7i I 'j I 2AIai 2A1E1 I '� 2A, I fir• o —. j 13Ac��-'2y II i 1 ]a �11 _ \ f� 5,2 � 1 !I � I lusa; i I /,7<\, `1 i , - ` ��•,f�.A 9y Cj pI i C -1- �D o v / / :2�Ac. mj^-1�-- - II �ri1A1 B I lay 1-sc- T.TI1' TR9T_LOcATIc 11.0,,, ._ , dir. r3Ac — �/ P�V5 {i I �s,� �._` ,_ SD I 1(5 _ 4.a. �`° /� _5 _ — rK i — • ' �t,15 8y — • 11 ,4AI r-T Cr�, `� a AU . r 2 TR 5C1 J . \ ' . 10.95 AC i '' TR SQSA " 1 1 2.07 AC (� �,� T. ,� . N,_�/ 5C1. N� G�{E. . 13 AC TRACT 2 • Fox, Raynrnd . TR 5CIC a .78 AC ' TR.•5C1B TR 5C1A • 1.15 AC . 3.48 AC/ • 695 TR 5A3A1 "SF-1" 2� 1 AC Bridge , Joe Womack, Marg. " TR 5P 1.32 As TR 5N 1 13 AC TRACT 1 _ i. TR Olden, R.A. TR 5F 501A1 TA 5C181 "SF)l" "SF-1" • .NSF-1" a 5A3 .59 . RAINTREE RD . 4 AC AC TR 5018 Bray, Donald Nall, James Hall, John Kent • TR 5D1 TR 5M TR 5L TR 5H1 TR 5H 1.28 AC 2 AC 1 AC 1.02 AC .83 AC "SF-1" / "SF-1" "SF-1" Germany, Karen Forester, Nancy A. Hatcher, Patricia TR 56481 Webb, Gary M • • .86 AC „ ,-1„ TR 2B1 TR 2B11 TR 288' TR 287 , T= a ,, ,,. Williams Johnle 2 AC i AC 1 AC 1 AC OS AC i . TR 5�34B "SF-1" "SF-1" "SF-1" • 1 .05 AC • "SF( -1 GREEN BOUGH DR.1� ' p SNp0 RE 1 s I TR 282 TR 2B TR 2B3 TR 289' r TR 2B5 1 ' 1 AC 1 AC 1 AC 1 AC 1.5 AC A 2 38565 } n a TR 564C cn TR 2D TR 2G TR 2C TR 2L TR :2N 85 c-_ 1.05 AC 1 AC 1 AC ..., .1_ AC 1 AC 1 AC AC ' ,.---9 TR s84G 53Rt. • ROLLING LN • S " B4 525 • V ,ti�N q ►. cam ac \�C16DE MPS N� O TR 2K S F R 2 �."i TR 2E TR 20 I TR 5640 1 AC '� 3 AC • 1 AC . . •1• AC ,----TA 564F 199 194 'R 586 TR 584E- GRFi EGS 5 4 AC �p AC 8R-i • L City of Southlake,Texas PLAT REVIEW SUMMARY ' CASE NO: ZA 92-32 REVIEW NO: ONE DATE OF .REVIEW: 08/13/92 =,; • PROJECT NAME: Plat Showing = Lots 3 & 4, S. Freeman No. 525 Addition OWNER/APPLICANT: ENG/SURVEYOR: Phillip & Elsie Mummert McGuinness & Associates, Inc. 747 N. Shady Lane 7704 Trinity Blvd. Southlake, Texas 76092 Fort Worth, Texas 76118 Phone: Phone: ( 817) 284-3000 Fax: Fax: (817 ) 284-4868 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/27/92 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 . A minimum finish floor elevation should be shown on both lots . 2 . Change Raintree "Road" to "Drive. " * The alignment of the 40 ' drainage easement may change pending review by the City Engineer. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations . * Original signatures will be required on both blackline mylars prior to filing the plat. Also required are two sets of owner' s dedications and notaries with original signatures on 8 .5" x 11" or 14" paper. * The applicant should be aware that any revisions made prior to City Council must be received at the City by August 24, 1992 . All revised submittals must be folded 6" x 9" and include an 8 .5" x 11" revised reduction. * Denotes Informational Comment cc: McGuinness & Associates Phillip & Elsie Mummert gregform/p1at92.32 gfl- i • - to f; • 4 '_ L. • • S sa riw•n �r tole=e 1. \.1: : . II• . mt alt A ul,Yflf I 1��_ - 1 . 111 !� — AIONTREE MO ^'r"' p. I / surf Lr,.t. 51M' 'R►I►.� .s.r /-- _ 1 1 . ar.r I. ILL j _ 'a.-ri I I I'r.r u. -�-� _ -. . -mil 1 z " ,w..w♦aw► - . ■..t,.Y,Y.H `J ; x N t♦ml w w.,ww 1 R.aw..A e•tawa ,...ssr (SO am ' 1l1LatlJCf' ti . w+.lnn•wtrr� . 2 j i son oft t ,It/.�7.ft .�V c tr_- R�r RR. I ;arm.Igo I % H7 I I II ` :410I 1 1• ____ lr . IMr. gMllQ�I fix• 11, .401 EL w.:XI w:IV f wr..us ,ter ..tY, aM.law+.r.YI...Yrw. U •MeV,/ as:XI:a(/ t t•awl A a.l Yf? ' . ,...:H.H.,...1 1 . 1 el N. Wa.. lull 24 G11t1[a'1 R/717 r .. ' rw f••.r • VAT 51101,1PI D LOTJ & WTI • S. FREEMAN NO. 525 ADDITION . AN AUDITION TO TI I CTTY OF SOUTIILAKE r'i TARRANT COUNTY.TEXAS 1 r‘ ( . M7N(:A Lett ACTZF.TRACT OF TANI1 • .ate PI111F.5AM1117.F,(I-XMAN Si t1111 EY.ART1RACT N1)•521. (171MrY.TEXAS.AND RA.I'+U I11A I T•R 1AIN "~"o TLMT17F IANI)1T)NVI.Y n 1°I)TIP IT I-Aat IYANDF11 r AN W11 P. S^.,/- " . Elm,A MIIMMIJIT At R1'ItfRIR1,Dl1 IRV UM!MVO.FMIM • • AN.171:1'.11 ARTM17.L TARR C7�AN T ]MT(.11•J(AZ - / • ' ►RY)ARID AMR Z.1401L AND(1.*". .l..QIC:IMI1I11ti McGUINNESS & ASSOCIATES) INC. —. ;�i SURVEYING,ENGINEERING h MAPPING I'ROFFSSIONAIS ^� 7-1771N TI(1PN TY It 71 A 0 13 HIRTe.1M I11,,1,CA:7.111 �f A _ jj ' A 1 1At7,fll.i-.w 0 Yo N XV I 1 ^"" -a.., L /A R 1A1 r)/JI+aAta \\// -� naerrt Mil City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 92-32 REVIEW NO: TWO DATE OF REVIEW: 08/27/92 PROJECT NAME: Plat Showing - Lots 3 & 4, S . Freeman No. 525 Addition OWNER/APPLICANT: ENG/SURVEYOR: Phillip & Elsie Mummert McGuinness & Associates, Inc. 747 N. Shady Lane .. 7704 Trinity Blvd. Southlake, Texas 76092 Fort Worth, Texas 76118 Phone: Phone: ( 817 ) 284-3000 Fax: Fax: (817) 284-4868 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/26/92 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 . A minimum finish floor elevation should be shown on both lots . * The alignment of the 40 ' drainage easement may change pending review by the City Engineer. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations . * Original signatures will be required on both blackline mylars prior to filing the plat. Also required are two sets of owner' s dedications and notaries with original signatures on 8 .5" x 11" or 14" paper. * Denotes Informational Comment cc: McGuinness & Associates Phillip & Elsie Mummert - . • • — • . - .. -,, . • • t - . . - . - • . . . - • . - . . •- • • . . , . . . . .. • . • . , • . -. . - . . - • . - • • • , . . . . . . . . .• . . . • - • ' . . . . • . . 's• . . -.,:: . . z41 til :.% - - .0le/L107/004 T/Mfr. .•"-•IL 444.1t.frit azzer•••t. . '•..... . • . k. h.. z : .-' -. • z vc .• . . .....,,,,...",.." .. • : t : . A • . %... .. , . ‘.. - 1 . . • - LON WOMMACY 10117.11.44CLUT 1 • •- • . .• •. ME 142%/C.ail.21.2rt • . . . ,. . - . [ ',..••••••''.°".'''/ '• . i . . •. . . .•'''' '..... .' . . , . .. . .‘i I . . ' ,.•' .1 •, ••••'''''' I . . : --- RAINTREE DRIVE 3 k f•awir.tait' 1., ...: in . -.. lielP4,15-5 _vs-za.c.., 3c5.9s• I '''t_ • I______,.., I j /14.11' 111"70'00.1Y 15447' -070-404: I . t I i l'ellr. -- • ;:t I t ‘ ,---15'tux are .,. . • r----- c•. \ \ ' "ti i \ • \ , .••1 • , 1 1 . \ 4 3 t.1 -miff c mu ,c,.0/ff,T4IIMIEL 001/410 4 % :;"-I at 1170,/r rar,Liza rat.JIM I'Chget,lites ACRES \ % 10.7.0 AWE'S !'i 44 k z 1 I 347a safz• S4,972 SA er7: 1 k\ 1 , - 111•70,414II 1•:,• IN - IMPIMILOI f:P:1 1 ..tt i1•5 ' (s. k . .... IN ... 1---I 1 ;-••••• i •-.. 14. 1... t/771.son:(147-071-0't 1 • I I Cl 1 • , . rr 1--- —71f.77'---—----1,--4-•-+-"=71Z7r----. el3- 4 1118•57'15"Y1 365.76' I •- i.6-/...e.c • OP' . • GTIMAN1 , % • • NANCY A.POERS727 tlEi. c...-at tress e ow cztozr,v &mat I marewer V .770,PC.0/4 Le= e 0 )1 EL.9451./EMU IILICr IL P214/ 1571.i7JUZI •• . . —..— sr AAP' ZS 71* IA/ I I • . . . • . • ... gA- 10 0 City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 92-32 REVIEW NO: THREE DATE OF REVIEW: 10/1/92 PROJECT NAME : Plat Showing . Lots 3 & 4, S . Freeman No. 525 Addition ' OWNER/APPLICANT: ENG/SURVEYOR: Phillip & Elsie Mummert McGuinness & Associates, Inc. 747 N. Shady Lane - 7704 Trinity Blvd. Southlake, Texas 76092 Fort Worth, Texas 76118 • Phone: Phone: ( 817) 284-3000 Fax: Fax: (817) 284-4868 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/29/92 AND WE OFFER THE. FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY 'J CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT ( 817 ) 481-5581, EXT. 744 . * The applicant appears to have met the requirements of our previous reviews . * Original signatures will be required on both blackline mylars prior to filing the plat. Also required are two sets of owner' s dedications and notaries with original signatures on 8 . 5" x 11" or 14" paper. * Denotes Informational Comment cc : McGuinness & Associates Phillip & Elsie Mummert TA- 11 yl • 'iI • .. 4 W.1 Nor `y' r[lf B.d'R/LL'ES/W/FE. 1„ .: _ • YO[.10II,fG.299,RI rfl. 2 0� 2 T EL 3y $� Ca • ,GM a / 'EDN WONMIE, K.G3D f W R er YOI.Ulf,• .r, •.... tl / 1 a RAINTREE DRIVE It f•EENrERIAVE ) ... N 5.5•4r ir E .5/8-/11.r., MI 96' r.‘,' in t 229.7/' , , /i6.7r 11P20'OO"W /ile7' l r 7ia-wJ: i I PCB Il 13 0 TAT W.0101W/w/!F.•.•••- VI.90c9,i 1100,serer . \ •\ j \ . 4 L ; 9• y \ \ JANET r tau '.tiff,fINN/Ef. 00NA10 A DRAY(71E,AGRION S. ' ci V \ \ YOI.1170,ft..111I,liraVOI.AIM PA./4{IIIL' pp riNN dyer Mil o 1267 ACRES 1 \0.750 ACRES ill 931/,es.I/9,serer Z, h Sl,972SI.Fr 1 1 1132,L70SO.fr. s, W >c 1oK $ 4WrUt1M F.F.•• S7II.70 liI.t i,WM/MIEN/.0'•+ 1 O 1 s-7d.70 I h p.6•'• N .>,. 40'0,94/NOSE/ I o H- I O UI/!nor(Sff OffJ/( Z II 0 Z I ..I0'OI/L FINr. •h Q t is' — ' 7 9?7-----I l _I.-t_7ll7sr--1 P• e SEB°57'5W BS..96to, ' AAA VIM'E.AERMANI(BIENr I!O7IMdNY [ v YK.6470,It?grater user I.M afro' �t� ' OY/[r9lfi,K,.101J,D..ICC rIN 1� �/A�K4RDIfCl WA70L9,/C.//IQserer. �� _.. .. 51'4112. - - , 25' 15' JONNN/E f W/l1/IMf 1 WIfE,aro1 VOL.MO,fG 4i4 atier I'I A'I'SI IOWIN j LOT 3 & LOT 4 S. FREEMAN NO. 525 ADDITION AL N .`w IiIil .. City of Southlake,Texas F MEMORANDUM - - September 29, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Adminisrator SUBJECT: ZA 92-36 Development Site Plan • REQUESTED ACTION: Development Site Plan approval for Timarron, Phase 2A, Sections 1 and 2, being a total of 22.24 acres. Section 1 is a 9.89 acre trat of land situated in the Hiram Grandberry Survey, Abstract No. 581, being in part a replat of Tracts 1R and 2R mf The Glory Place Addition. Section 2 is 12.35 acres situated in the Hall Medlin Survey, Abstract No. 1038, being all of =ract 2F and in part a replat of Lots 1 and 8, Block 8 and lot 33, Block 9 of Timarron Phase One, Section Two. LOCATION: East of South White Chapel Blvd. , North and South of East Continental Blvd. OWNER/APPLICANT: Timarron Land Corporation, Inc. CURRENT ZONING: "R-P.U.D. ," Resident al Planned Unit Development LAND USE CATEGORY: Medium Density Residential BACKGROUND INFO: The total gross acres for Phase 2A is 22.24 acres. This phase proposes forty (40) residential units with a gross density of 1.80 du/acre. The Development Regi-iations for Timarron, Phases 1 and 2 will also apply to Phase '?A. NO. NOTICES SENT: Seventeen (17) RESPONSES: Three (3) in favor: Larry Cole, Presiderit of The Hills of Monticello, stated that the "plan is cciisistent with (the) intended master plan." Kenneth Pressley, 6.3©B, Edinburgh, Colleyville, TX. Joe Jones, 1740 Timber Ridge Circle, Corinth, TX. Roger Feenstra, 200 3E. Continental Blvd., did not opposed the development, but wanted to address the drainage coming through his property mnd into the area in question. P & Z ACTION: September 17, 1992E Approved (4-0-1) subject to the Plan Review Summary dated September 10, 1992. STAFF COMMENTS: Attached please fi 5. the Second Plan Review Summary dated October 1, 1992. KPG QR_ 1 APPLICATION FOR MOMENT TO.ZCNING MAP Dcvc\a-rnc r're. 1.31.7.n • . . Application No. ZA . . .• To be filed with the City Secretary at City Hall, 667 N. Carroll Avenue, Southlake, Texas. At the time of filing, the City Secretary will inform you of the public hearing dates for both Planning and Zoning and City Council. • You must be represented at both of the public hearings. There is a $100.00 . . fee for zoning; it must accompany this application. NAME OF APPLICANT: Al:DRESS: • Timarron Land Corporation, Inc. c/o Susan Evans 300 E. Carpenter Frwy., Suite 1425 Irving, Texas .75062 • DESCRIPTICN (METES AND BOUNDS) OF PROPERTY REWESTED TO BE REZONED: See attachments ZONLNG REQLIEST: FRam: PUD Concept 480-01B TO: Development Site Plan - Phase2A This application must be acccmpanied by a list of the names and addresses of the owners of all properties within 200' of any part of the property to be rezoned. A plat map of the property showing the area requested for rezoning is to be attached to this application. • nxrE SI OF PERSON FILING MUST BE ()WIER OF THE PRUvt.K.1.1 Before me, a *Notary Public, on this day personally appeared S.. 6, 11/4-6 known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to be that he or 'she executed the same for the purposes and consideration therein expressed. • Given under my hand and seal of office this day of cvu,b-u,6—r 19 6icl . , xxxxxxxxxxxxxxXxxxxxxxxxx,,x,,N.NNx.,,,v. x X /1; ....... f KATH,EEN M. DE!GNAN z*.‘, !.! , pu,uo 7.7Ex. COMM!SSICN EX,IRES •.' ?craw PUBLIC LN AND FOR TECAZ DECEMBER 6. 1993 x My Ccomission expires the day of beeerofwtoxxxxx'xtery43y.y•eyvy,,,,,, 12- DEVELOPMENT SiTE PLAN , • - PHASE 2A - TIMARRON SOUTHLAKE, TEXAS INTRODUCTION This proposed development site plan by Timarron Land Corporation Is submitted for Phase 2A. (22.2 acres) of the 925 acre Timarron Planned Unit Development. This plan is designed to adhere to the intent of the approved Timarron Development Concept Plan for this project as well as the City of Southlake Comprehensive Zoning Ordinance, Section 30. PROPOSED LAND USE AND ZONING The proposed land use for Phase 2A is P.U.D. Residential. DEVELOPMENT STANDARDS Permitted Uses The permitted uses will comply with those uses Identified in the Timarron Concept Plan. Development Regulations • The Development Regulations approved by the City of Southlake for Timarron, Phases 1 and 2 shall also apply to this Phase 2A. PHASE 2A - RESIDENTIAL DENSITY (INCLUDING GOLF COURSE) The total number of lots in Phase 2A In Southlake Is 40 lots. The total gross acreage of residential is 22.2 acres. The gross density of residential developrr.-nt is 1.80 du/acre. The entire project to date Includes 566.lots. The total aceage of development for all phases Is 485.38 acres. The gross density of development to date Is 1.17 du/ac. 92303001D.R01 T&3 TJ MARRON (PHASES 1 & 2) A PLANNED UNIT DEVELOPMENT IN SOUTHLAKE, TEXAS • MARCH 7, 1991 OWNERSHIP: BEAR CREEK COMMUNITIES, INC. 300 EAST CARPENTER FREEWAY - SUITE 1425 DALLAS, TEXAS 75062 PREPARED BY: CARTER & BURGESS, INC. 7950 ELMBROOK DRIVE SUITE 250 DALLAS, TEXAS 75247 • INTRODUCTION This proposed development site plan by Bear Creek Communities, Inc, is submitted for Phases I and II (165.1 acres) of the 902.8 acre Timarron Planned Unit Development - This plan is designed to adhere to the intent of the approved Development Concept Plan for this project as well as the City of Southlake Comprehensive Zoning Ordinance, Section 30. PROPOSED LAND USE AND ZONING The proposed land uses for Phases I and II include P.U.D. residential and open spaces.. DEVELOPMENT STANDARDS Permitted Uses The permitted uses will comply with those uses identified in the approved Timarron Concept Plan on pages 8-10. • Develonment Regulations - These regulations apply only to the 1651 acres identified in the submitted development site plan for Phases I and II. Height: No building or structure shall exceed two and one-half (2' ) stories, nor shall it exceed thirty-five (35) feet. Depth of Front Yard: Twenty-five (25) foot minimum - no more than 50% of the lots will have front yard depths less than thirty-five (35) feet. Depth of Rear Yard: Twenty (20) foot minimum. Width of Side Yard: Five (5) foot minimum. (25% of the lots) . Ten foot (10') typical. Minimum separation between houses 20 feet. Width of Side Yard Adjacent to Street: Twenty (20) foot minimum. Lot Width: Eight-five (85) foot minimum lot width (90% of the lots), 10% of the lots may have lot widths at1 the front set back line that vary from 50 feet to 85 feet. Minimum of 100' at midpoint of lot. twenty 120 Lot Depth: One hundred ton (140) foot minimum. - Lot Size: Twelve thousand (12,000) square foot minimum. Maximum Lot Coverage: The combined area of all buildings shall not exceed thirty (30) percent of the total lot area. Paved surface areas such as swimming pools, spas, decks, patios, etc. shall not be included in determining maximum lot cos`rage. Floor Area: Twenty-four hundred (2,400) square foot minimum. Residential Density: The maximum number of d%vel ng units shall be 250 units or 1.51 dwelling units per acre. The P.U.D. concept plan allows 2.18 dwelling units per acre for the entire project. 90316:011,19 St3-5 Area of Parks and Open Space The area used as parks and open space shall not be less than ten, (10) percent of the gross area. - ; • • • • - • • .- • • 90316401.M:19 SO-6 .,. . .. __ - i..4.".":"..., f 01° '',...•_---:. 7.;::', .0'27•.= afrIC wiej.... .R..1E:': :-.'•-.=:,--.e:',E a:: .1. 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Phase 2A 0 - Sect 2 5:,147.1,73--7.......... . ...•.i; ..... _.•_-_.-e.„,..'.:-._'-ii.'._..-.1_.,. •1.:-.•l- '.''.._ . , . - .. • i °- 1 , . • . ..... i __., .. _ . • 1-:. ... • -• --1 -.PP"-"Ilr-- g 13 -1 _ • ,_,.:,..-7-0, -- , : „. „,. .. . ! :co, . eglig _., 4--- Of--- , - -„, ' u-' UM UCN)111 1 •1 I _••-• RESIDENTIALc;LVEF • 'AG' I • own R.NASHIGTON L.U.D-- UUYUM DENSITY • RESIDEHTUL r 1 Say D.Bomar 1 L.U.D: MEDRIu DENSITY ' / T / RESIDENTUL • BCC ( Lv NYrE: - - S 400.045•E s / / 1) IIM indicates ownership by Hills of I 9QC Monticello, Inc. Zoning is R.P.U.D., I 3 ti,: BCC BCC Ordinance 480-59. I , , b 2) BCC indicates ownership by Bear THE GLORY PLACE 9 I P I " Creek Communities, Inc. Zoning is �15645 Btx,9 \ R.P.U.D., Ordinance 480-01: TaaeT I s► ' i Tn•n I O 41 \ s T Gilchrest, 30 • William • 1 -sr,,Q/o; a1 • ; 4: 42 m F.200DO• I "SF-1" ET . o •• M.-3.6- T Ls179. • a o . Ely, Bern it'd �^ cc I la!. TR a 10, 0 Q 34 V il -8 i. r• 1.m.c i .es ae T FeenstraA J o1• • .a t ,. Roger P 4, • ._�u.j OF h� ►W- ' 9nith 1,- = Const. TR'CT i 37 5.763 LC 1 •mom i "SF-1" • " BCC BCC no sal "SF T h l HIGHLAND OAKS _1.1 n . • CONTINENTAL•BOULEVARD WEST •+� • L•4 - - ""'@ i . .-`4ST BOULEVARD GON • i • Hz _ s^a I - POINT • PROJECT•'01 - / BEGINNING BUFFER'YAI - - _ 7 Poi u's�ss PHASE 2A o.7 AC. � 1 TIYARRON NEIGHBORHOOD • �_! CENTER SECTION I 1 OPEN SPA( ...... .. =- dg 1111 I BEAR CREEK COuuUNmi1E5.INC. I I 4 App /,d• T�� di 1 BENT TRAIL DRIVE, K: neth Banestful I slay BCC Banes ?�illimraI 5u B� J II Bruton fquitab a Jonec k \ . 4,011Pir• BM �, Const. cc uHaness Glasoi ^ ; •in D Barfi l t' .BCC 11.° e Fritz :� u u ti.: 1 B � "L•T3 n BCC Company -' 1 .T ' . \ I> • Nil.,� •IR R a • BM •, .; BCjo N a R71 ^ W^• ¢ >a. 3 ,, 1 s . ����, m BENTLEY CROSSINGi0 Beck; Jet'n(.� ►.�-�► `6 Kenn 471,0 NONNI% W _•-- `_:• • 7 u Anderso banes • •Srl it •42 Bo' 4. 9 38\ BCC • Latrobe Addn. I• CO "SF-20A" e9.44•)5•• -54.30• / - . • ! •' BCC BCC BCC •BCC BCC BCC BCC BCC OPEN SPACE I• , /• -T---. 1 . • 1 ADJACENT OWNERS & ZONING - ,I g 1 / - c 1 City of Southlake,Texas SITE PLAN REVIEW SUMMARY CASE NO: ZA 92-36 REVIEW NO:- ONE DATE OF REVIEW: 9/10/92 PROJECT NAME: Development Site Plan - Timarron, Phase 2A OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: Timarron Land Corporation Carter & Burgess, Inc. 300 E. Carpenter Freeway 7950 Elmbrook Drive Suite 1425 Suite 250 Irving, Texas 75062 Dallas, Texas 75247 Phone: (214) 791-3333 Phone: (214) 638-0145 . Fax: (214) 541-0800 Fax: (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 8/27/92 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. Provide a written scale near the graphic scale. 2 . Add the City, County and State to the title block. 3 . Add the name and address of the owner on the plan. -------, 4 . Add the name, address and phone of the firm preparing the plan. 5. Label the R.O.W. width on White Chapel, Continental, and Bent Creek Drive. 6 . Change the zoning on Monticello to "R-PUD" . . * Staff recommends street names be added on the cul-de-sacs for easier reference. * The bufferyards along White Chapel and Continental may be reduced to "Level B" . • * The applicant should be aware that any revisions made prior to City Council must be received at the City by 9/28 , , 1992 . All revised submittals should be folded 6" x 9" and include an 8 .5" x 11" reduction. * Denotes Informational Comment cc: Timarron Land Corporation Carter & Burgess . S8 9 . . 1 A E—= .iE :::.—.:-.:7.-:r_m It::.:•.=---..--.-.....=-.z.--_- .-.:..._:.......__:..__-.----• • • e • 1ST; "Al . , . ,-• . ... E•i Iv:Ar 5.0: • • '.411r ; •Iti I -2: 1 ;Z: .• .--.. .,; • . ' . ' ; ; • \ s,..,..1...................... [mow.•••/ i • ii '; ig; I :I? 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City of Southlake,Texas SITE PLAN REVIEW SUMMARY CASE NO: ZA 92-36 REVIEW NO: TWO DATE OF REVIEW: 10/1/92 PROJECT NAME: Development- Site Plan - Timarron, Phase 2A OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: Timarron Land Corporation Carter & Burgess, Inc. 300 E. Carpenter Freeway 7950 Elmbrook Drive Suite 1425 Suite 250 Irving, Texas 75062 Dallas , Texas 75247 Phone: (214) 791-3333 Phone: (214) 638-0145 Fax: (214 ) 541-0800 , .. Fax: (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 9/28/92 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEEDi,FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT_ 744 . * We find that the applicant has met all the requirements of our previous review: * The bufferyardsalong White Chapel and Continental may be reduced to "Level B" . 1 * Denotes Informational Comment cc: Timarron Land Cor_oration Carter & Burgesfl ga- II i . - . 011111010001111112111.11M.1""IX, •111•••• • . 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'''' • 7. r. r IMOINMOn ... -• ••AI IMIIMPIMI•Ian Me imam..pm MPS MO MEM ' ..•//MT IMO/••• ,I PI /IIMII MINA Imi MI AMP : i MI Mai W ri•no CORAL WM/WS/MYR MN SPAM II..•CLOS 1 IIIM ., • 1.1 own IMO•Alla~1 OWilintl • 11■LWINC111 LA*10 CCAPCR•SLOI 1.1 SAW L.11•11/IBIL IN••ICCOL/•121 111 1 MS L LaRPOITZPI MILLIVAT.11.471 11:1111 .•14 eir,cf saer4.2 NoLiAlcaa I 11•460,1170.1 MCI TIMARRON o 7111i i Mil .2,ait 1 TN libillgOOK DIM MITI ND ' DEVELOPMENT SITE PLAN ULLA&TWA 7,341 L2141 ihM141 , 6, , A PORT/ON Of THE TIMARRON RESIDENTIAL P.U.D.480-01E1 NO •IM 1......k. CRY OF SOUTH LAJCE,TAARANT'COUNTY.TEXAS PHASE 2A . f 5-12 BOWIE W.TO/Men 1,••• 1.i/o/ Yr. •C•47•401E. 1 ThholhiCed LMO COPPCOATIONI . . ....im.ii-7.1=rft1-1.-1 City of Southlake, Texas MEMORANDUM September 29, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-37 Preliminary Plat REQUESTED ACTION: Preliminary Plat approval for Timarron, Phase 2A, Sections 1 and 2, being a total of 22.24 acres. Section 1 is a 9.89 acre tract of land situated in the Hiram Grandberry Survey, Abstract No. 581, being in part a replat of Tracts 1R and 2R of The Glory Place. Section 2 is 12.35 acres situated in the Hall Medlin Survey, Abstract No. 1038, being all of Tract 2F and in part a replat of Lots 1 and 8, Block 8 and Lot 33, Block 9 of Timarron Phase One, Section Two. LOCATION: East of South White Chapel Blvd. , North and South of East Continental Blvd. OWNER/APPLICANT: Timarron Land Corporation, Inc. CURRENT ZONING: "R-P.U.D. ," Residential Planned Unit Development LAND USE CATEGORY: Medium Density Residential BACKGROUND INFO: The total gross acres for Phase 2A is 22.24 acres. This phase proposes forty (40) residential units with a gross density of 1.80 du/acre. The Development Regulations for Timarron, Phases 1 and 2 will also apply to Phase 2A. NO. NOTICES SENT: Seventeen (17) RESPONSES: Three (3) in favor: Larry Cole, President of The Hills of Monticello, stated that the "plan will finish off (the) intended master plan." Kenneth Pressley, 6308 Edinburgh, Colleyville, TX. Joe Jones, 1740 Timber Ridge Circle, Corinth, TX. P & Z ACTION: September 17, 1992; Approved (5-0) subject to the Plat Review Summary dated September 10, 1992. STAFF COMMENTS: Attached please find the Second Plat Review Summary dated October 1, 1992. KPG gel- I CITY OF SOUTH LAKE 2/07/90 PRELIMINARY PLAT APPLICATION TITLE OF FLAT: Timarron - Phase 2A UBMITTAL DEADLINE: Aug. 24, 1992 TOTAL LOTS: 40 TOTAL ACRES: 22.2 APPLICANT OSnd ER (if different) NAME: Timarron Land Corporation Same as Applicant ADDRESS: 300 E. Carpenter Frwy., #1425 Irving, Texas 75062 PHONE: (214) 791-3333 I hereby certify that this plat is in conformance with the requirements of Subdivision Ordinances No. 483 and No. 217, Drainage Ordinance No. 482, and the Zoning Ordinance No. 480 and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further understand that it is necessary to be present at the applicable Planning and Zoning Commission and City Council meetings to represent the enclosed request and address olved issues. Signed: Date: � '2461 q�- ************ * **********************************************+�*** **********************_ For City Use Only: I hereby acknowledge receipt of the preliminary plat application and the application fee in the amount of $ 7C ° on this the 3l— day of ail. , 1992. Signed: h-r/1-t titi fni ' Title: *********************** *********************************** *** ************************* The following checklist is a partial summary of platting requirements required by the City of Southlake. The applicant should further refer to Subdivision Ordinance No. 483 and No. 217, Drainage Ordinance No. 482 and the Zoning Ordinance No. 334 and other ordinances, maps and codes available at the City Hall that may pertain to this plat submittal. Shown Not GENERAL INFORMATION On Plan Applic. Acceptable scale: 1" = 50', 1" = 100', 1" = 200' , V North arrow, graphic & written scale in close proximity ✓ Vicinity Map - ✓ Appropriate title, i.e. "A Preliminary Plat of...". P/ Title includes City, County, State and survey name and abstract ✓ ; Title includes total gross acreage and date of preparation Name & address of record owner &.subdivider (if different) Name, address and phone of Engineer/Surveyor/Planner Standard approval block provided ADJACENT PROPERTY (within 200') Unplatted property: Name of record owner with vol. & page deed record Platted property: Show as dashed the lot lines, lot & block numbers, street names, subdivision name & plat record vol. & page. 444- Locate City Limit or E.T.J. Lines �- Existing zoning label on this tract and adjacent property $/ _ Posting easements adjacent to this property (Type & Size) / Previously approved concept plans or preliminary plats f Adjacent street intersections shown with street names cc-2 Shown Not GENERAL SITE INFc TICK 2/07/90 al plan Applic. ,/ Legal description of the land to include: Owners deed reference, Name of survey, abstract, county, state, PCB tied to survey corner, - previously filed subdivision corner or USCS monument, total acreage. : Point of Beginning labeled on plat ✓V Subdivision boundary in heavy lines, with distances and bearings shown thereon that match legal description ✓ Existing R.O.W. shown, labeled and dimensioned, i.e. public stieets, , highways, alleys, private street/drives, railroads, etc. Show traveled roadway widths ✓ General outline of area-embraced by tree cover �- All existing easements -shown (Type & Size) Existing structures shown (Note whether to remain or not) PROPOSED INFORMATION ✓ Utility easements: Where adjacent property is unplatted or platted showing a 5 U.E., provide a 5 U.E. along the property line; if adjacent property is platted and shows no easement, ,provide U.E. along the interior of the property line /1lk 10' U.E. along S.H. 114, F.M. 1938, .F.M. 1709 d • Street alignment in accordance with ordinance requirements ✓ Curvilinear street requirements met (No. 483-5.03A) ✓ Street R.O.W. dimensioned Sufficient street stubs into adjacent property (No. 483-5.03-K-1) v Street names provided not similar to any existing. street names R.O.W. dedication in accordance with the thoroughfare plan shown and dimensioned 1.7 Lots and blocks labeled with nuMbers in consecutive order Drainage and utility easements labeled and dimensioned Front building setback lines labeled or noted /JA' 50' setback line shown on S.H. .114, F.M. 1709, F.M. 1938 Lots to be dedicated for public use, labeled as such i.e. schools, parks, flood plains, open spaces, etc., showing acreage and general —� perimeter dimensions (No. 483-Article VII) Parcels reserved for private use shown as described above Nh Any proposed zoning labeled as such _�.. Quantitative land use schedule provided (No. 483-3.02-C-30) Scaled dimensions of all lots, street R.O.W., easements, etc. .Approximate flood plain and floodway. limits shown. Any easements to be abandoned (No. 483-3.07-C) Minimum lot width of 125' on certain lots (No. 483-8.01-F) .7 30,000 sq. ft. min. lot area on certain lots (No. 483-8.01-F-3) Not ' •• Includeed Included PRELIMINARY ENGINEERING PLANS ✓ Preliminary water layout showing all existing and proposed lines adjacent to the property and within the tract . ✓ Preliminary sewer layout ✓ Preliminary drainage study by Professional Civil Engineer provided with contours in conformance with criteria in Ordinances No. 483 (3.02-C-33) and No. 482 ( -3 . City of Southlake, Texas PLAT REVIEW SUMMARY CASE NO: ZA 92-37 REVIEW NO: ONE DATE OF REVIEW: 9/10/92 PROJECT NAME: Preliminary Plat - Timarron, Phase 2A OWNER/APPLICANT: ENG/SURVEYOR: Timarron Land Corporation Carter & Burgess, Inc. 300 E . Carpenter Freeway 7950 Elmbrook Drive Suite 1425 Suite 250 Irving, Texas 75062 Dallas, Texas 75247 Phone: (214 ) 791-3333 Phone: (214 ) 638-0145 Fax: (214 ) 541-0800 Fax: (214 ) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/27/92 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. Provide a written scale near the graphic scale. 2 . Our records show a somewhat different lot configuration and tract designations for The Glory Place Addition. 3 . Provide street names and R.O.W. widths for all cul-de-sacs . 4 . The zoning designation for Monticello should be changed to R-PUD, 480-01 . 5 . Add references to the lots being replatted in Phase I and Glory Place to the title block area. 6 . The , P .O.B. of both legal descriptions need to be tied to a survey corner or previously platted lot corner. References to The Glory Place should reflect current lot designations . 7 . Label the typical pavement width on White Chapel and Continental . 8 . Show and label the 5 ' U.E . along the west line of lots 10, 1R and 8R as existing or "to be abandoned" if this is intended. 9 . Label the D.+U.E . along the west line of lot 33R. Also label all easements in Phase I . 10 . Provide a 5 ' U.E . along the west line of Common Green 10 . 11 . Show a Block 2 designation for Section 1 . 12 . Please match the beginning and ending acreages in the legal description for Section 2 . OC- T City of Southlake, Texas 13 . Section 8 . 01-E requires a rear lot width of 125 ' for Lot 52 , Block 2 . This is not required on Lots 36 and 37 , Block 2 , because the adjacent lots are not zoned or platted residential and are not designated low density on the Land Use Plan. * Street names are currently being reviewed by the Public Safety Staff . * No utility easements to serve the interior lots have been shown. Provide all appropriate easements depending on the intentions to provide electric from the front or rear of the lots . * The applicant should be aware that any revisions made prior to City Council must be received at the City by 9/28 , 1992 . All revised submittals must be folded 6" x 9" and include an 8 .5" x 11" revised reduction. * Denotes Informational Comment cc: Timarron Land Corporation Carter & Burgess 8c-5 • iNa Ilr Aaalldl ; Y�l/p��� ` ,-1 s PCr -_.7 t:-�.� Ir [=ir1 tvta .. '! POINT t A� I 1 I Il ii e . . • •..r•� =.: •';� •..N .. . RHAYS����EE 2 CT ! -t i . .4.•o..... 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'k! a ,J 1 .�:1111,i n •.I, 1 s ,. - . . l I -- ,_____,g.,2- 0 /1 d , Mr..'.er'..:a.`.�..�... _:I�ie �-- tt�=�!/ t\/l \t , g. -) .•• 13 r•r ^r:• liy - t O t0 1,` ; p •wtf J \• --�_T�. i It •..�.•.•. ,= rr"' 1 ' d 772 r' \ • •,rd. ,'• I ••.Y7 _ d 41 fit / ���::Z•.��ow I M•�~�•.�'•+-:: • I. ��'. IRAB Y /11M1 p t:00.150.Euc! L • ' 1/ 'r0..,117.PG.SA 0•G p FrI. • • 1 JIL17 Il{N I-4 _ ..r.•arr 1 0.+^•. ...w PRELIYIFART PLAT f �.......•••...•Na.•....•.m• Sr. ..�'•w. �+:.r. •1• :. - IT' II.FI11lIM LOG VW YrawtE „•r••••••"..• yam:•:!...:.._.•r•,..r .'....Orr.•... ...... r.• !i M I TIMARRON _ _ _ ..r ••..ri T.�r,.r:s�M.w w.•.,w��r h•u 1.tNo VW YMOYf . i >:.:w.:, ...-w..r..� .�.r..'r'i•'L�rr `^' PHASE 2A r .....•.i` r,++.wr irl.• w�.. • Ow es r••a.r r r w r.r••w.r•.• l.rs UK (a•c s1.tots KK.CI `'., �� Ste: ▪es �.1r'r.r..r_.•r tent.•r1 Ar..0.1n n Is SECTIONS 1 AND 2 ro•KW(•Ir•a m p. [will(alga KIOI•IW p.rtr _ ..11r 1.r.r•.•r• I . j�� ..u.7:r..:.:..r 7�: �. ,1 • E7Jr.. r.r.iw:�r. .... r•s+ _ to•.s•fJIIM roa1N WW1 J rl �,Y, TNC IARAY GRANOBCP' $'Y T,ABS III ACI r10.SBI, I• 111• `.:y ...y .:��. a:- r ••.� ...•w:;S.."'„.;'.'•:;L'..`..`.r. flMll a I Ar10 TNC 11*11 IlOIIN S0RYET.♦8S1R•CI u0.1016 • el IRE ••..muumuu. •rw•..wr r•rr,r V r•�w rr.• h•Y Il I.I.I N JIJ K rrMA11;r IN �iY•w r:.w�l••..'i ',•r•wt•rp.K CW+sLw CI11 Of SOUTH LAKE.1•RRANI COUNT,•IEAAS .•▪ r• ~ m•" M•i••••••••u••e••.••••••r M011 h•Y 1•p(.L11, 1.10 IK,f let L•rr, .1 r...r limas OIIkP/OEVCIOPCR. IIYARRDN LAND CDAP011l IION I.ryCln[?rll1M a.11le •IK.N,7 �, ....,_. _..✓. r.•_ •' _ Raw..Mr. �._a +� to+Ta 300 C CARP(NIER 6RECM11•StsIS 1425 iiii1)'t ,••••.l::.�r'.:`.ems±:•le.:::+"r•••••o ere worm r:.�^•r:�':• ••'•wr •lo,n C..ra.ln(uw011 SCHWA K7vn1G.IEKAS 11042 IEIiI --:r..• . ..•:'.`-..-.+....-... • •r.`•wr•`•••::�:••:^• uclta 1lll.tt1I r t h.Y t Ml•.•K.rlY ui•i.1�_.._--- 12111191-171) 1QI( 11•r1 Il 1 •••• 1 Ml•..••1 K.I, . r.r .+r ▪ �•r• j w,•.r•w.rrw•r. Ir0`11.•.t•l.N11041 IL•r. • "' •r rY:._• -_+MM rrr ...w.Y,�Y"rr. .w^ u .'" • ENGINEER.CARIER I BORf.0 tt.tt1C. j 'Tr .rW.3` fMI 1.r, 1910 ElYBR00s DRIVE.Stall 250 .r .•r•rr• • ,"141i1.t 1 tlNflt ro'O1 Y..rry NI 711A rr� ,�• DALLAS,IEp AS 15241 e..▪ . ...„�.•,•r, ...•••..••..rrr. - ▪ •wr•`•r..rT.i=.w.•' ..•.r•.�r. co...L.1u1 rr0ru.tr11 IC I7.0.1 . PAELIJIRART„FOR REVEL I1/I 121/161B-01N5 r�r • • ,•„•..r.�.•�r•r... 1q1(a•sl n•.t1.Iasi I Mist I.tir.. r r.,.• I;: 1/r11 • .•'+.�.r... .....•r.w•. a..i�•Sw .•..• rr..�w=.�.•••••w•••"•:.::••ir:.•••• MI(a1ea11 ro-o1 1 ' s,w r::r t.r,lr'01r.',•..ul,:ii'�w+ 22.2 AC.//0 U.IS (1 Wi.r ' .rV'r �•e•.�--�•�rwr .•w•w...• �- KI,✓ .r._ Ir 1• �1i. •r....r..r•r0S.•h.Irwr.•4. 101•l Nf.11 r 20140 410.041 •r`.•..rwe:.`•:'r mor.�ww•�•.•o•••r•e r•it i 7.'7i•°:ii. r 4f['1911• lY•7a__r • ••'•••• r^ ul wlf•rt N' AUOUS I.1992 • •' ' s~r`a�� 1..11 nDal In OH{K•VL• • I s-1- City of Southlake, Texas PLAT REVIEW SUMMARY CASE NO: ZA 92-37 REVIEW NO: TWO DATE OF REVIEW: 10/1/92 PROJECT NAME: Preliminary Plat - Timarron, Phase 2A OWNER/APPLICANT: z ENG/SURVEYOR: Timarron Land Corporation Carter & Burgess, Inc. • 300 E . Carpenter Freeway 7950 Elmbrook Drive Suite 1425 Suite 250 Irving, Texas 75062 Dallas, Texas 75247 Phone: ( 214 ) 791-3333 Phone: (214 ) 638-0145 Fax: ( 214 ) 541-0800 Fax: (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/28/92 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 . Our records show a somewhat different lot configuration and tract designations for The Glory Place Addition. 2 . In the legal description the references to The Glory Place should reflect current lot designations . 3 . Label the D.+U.E. along the west line of lots 39-42, Block 9 and add drainage to the off-site easement between Lots 2 and 3, Block 9 . Label the 7 . 5 ' U.E . along the north line of Lot 1, Block 9 . * No utility easements to serve the interior lots have been shown. Provide all appropriate easements depending on the intentions to provide electric from the front or rear of the lots . * Denotes Informational Comment cc : Timarron Land Corporation 1 Carter & Burgess c" 7 -I- _.Ly l07 1 BIRCH 1 ).--- ' N •^-`�Jr',�ram. [_Cr x -1 -_ __ WICNIN4aN AOOIr10N YY q + 1 I (/ f •IUHitC./LO I �,-b 1 E,y^�- _ _-' /„ L.� ZONED PE • L_--J l� IPNAyR1 _J r `// -'+C`l 4rlo I �'• 1 TONLO Q20A- F''1 r y'w ,..,,,,,(((,1 rl n�ic°inoo� ' ,J) II " /`� n �,• 1 . r; 3 q,., ,. - _'- 2014E0 AG y, t,�Tr �. ��+I- NIEE [NAPEL orN .( /' \•• E 9 !N�u's R l•16- �rp `1EEr1 , I/7rryl'! IY IL � ,O:. .._�,,;1� :2�0�D / _ -- j'�w, //11 » ,• Of l ,,u•, ••.•1,.tN bl tl - $�r Ia , • I +�-6wuu IYN..rage j- I ,...... SJ 1 y�1. ).;. K 4r I �OTryry r( a� '- Jp4w TRUSTEE5,1-4141EM5. .Y N l,'N,I w- ... \tP. 11 • 'r 1 . 11 Qa�QF 9 / ` `�i E'I Icc LONfO dG �- Ir -..Ecu¢�LN Id1i,1N ::1{:°,r1','Avt'. , n ,I , . O�I.pry'r. , `~> ., ,.. N) "�i]oo'• -vL.17D4,PG Y119 J .. .1',^r• '' '•w^ ^' Itr Jp� YO w .w NBEAR CREEK r ` " 1 `$ 1{ 10 Te COMMUNITIES INC. . • /�L ,. Jgp f', ' I •> 1�.'Ir el K 4`}%.R VOl 5070,PG 77G {I__ __ 1r YI , '(`,� �t r, > 'y al,'�• ZONED AG r� �' 1i•f W�v 1 • rr 11•''e[�. I �r 1_ j u7� WHITE CNAPEI ROAD _,_- •..... ' e� L -� V''' /, L[ I 1•. fr ) . 1 • l n.4'J 5 17, 1 , 1. ., °G S Ir C 20NBD AG j _�F= ...d l' k Vrl ll `>s y.�1 .1 > `I 1 rPRW.VU O.COMN. I + 91,, �i SI,ux1 r :it r) ION/NG,I IiM I L >cil .......... •� It} "j{'/ • ••MALT qr+� r Y .�,,/ . • i; • ' I, 17.+•,, d1• • l L 8i t�.Sir r ., '",yp , ,A.r�,s- - _ ITV i._ BERNARD ELY ' • - i 111 wy �:RI���4, ,� >. .,10 hi •Y I ,Ia I .rY>al. VOL UBE,PG NEI „ i I - - - _ ��k•- „IY' / -,N 8 ''Z`. __ n u > >Ill .w " 'ad'l TONED A4 l�•V >,A .A + it • I •'�trl, y'" •µ ,I • 1 uorW.00' 1 Q _t _ ,. • •5 P Y• ''' 94kr" v[ •f•,,,, 1, ,1 axA IIJII 4.TI 1l > 1U1 I 1 , : IN IIN41lD tLY ~ n i�1 • .4 - ' I ., •• r1 ,q.4 �,`' ,ysl ^1^ fET-SYK- '1-'�/y swlM/'t.Ii LwY1:_ I.� vDt io io GGoi R IN 4 A k I L .t�•+ �l > rc - „1 <ralvm onN uac, EP--- st',II c _ ' ,rp .JI „ 1 ,� ��T-T.:-ir. '� W f - "- -- -- ----------- L ! , > • } " '• i ; C SMIrH CONS'.INC D A ION mar 6'E11I. Ct ' /1 11 w Y• I o .b VOL 1005,P6 1M 2` �,:. a(- A M •• I> „ 11'•Y, - ,,, 1 Fi0 ,.I I. -- IONEO Sr./ _I.�.a II s _r- ,•'> I 1• 4. J ' 11 'r iPt I '- /7 Ia 1 Y >. Y t, ,IY N r , ,BLOC ` I s TNf GLORY PLACE �,t y WHIN CIIAPtI YE.ft :' '-I''.....-:. • �•'� " t- �< , Dee-ItG PG D J t{l V ZONED 9r-I rOL fe0'i0,14!I -�,It,, �g •�1 • ° H i• r 9_T_REET G t •'r '!II I I __-__ _..L 'j F '1 2oNfu RE 1!,p� r 1 ,,. 1 ( ,.0 ( 1 'lll „ ( ate.-I-,;, .. w a .w. H40[JNNII ; D I r D + 1 + IuJ y\>r + +•a-.(" ;�;'+ n � n -I II POINT Or of 10x p S .. 1 �rT 1 _ n .r/R 'Y�.lr r4 ---- COMMENCENENI BEAR CREEK COMMUNITIES,INf PE t12 D.. L (-1 Qi L I.ji M• >I •!L' •w.• •ya`[ rf - •\POINT BEWNNIN4 u"� •I;TRACT 11TR4C12 PO 4110.01 T04CO K. OCO N i;>FY (- 'h „e ,�`YIY J l '��• '` •qo)•�l fe'[ IrO�•4 a •, RACI L •" aliliL4 VOL 58,45 1,•.i l N ,1�' l _ ^ GO rl;' ` Y `yla I PG 10215 7 ...is. t00 Y, J? OlLan 1,YIAN,VN 4.�L y.J" - 1 ' k l N.1 , Val '.c., PG,.. •D''.' 1' - •'4 sir•,."i •' sre•u II,of ' V ,. '9 ooe.>e,ei "oo '.:> s s°i<I n^ii>i> T I "' !!5' '/ �."i> 1,°' '6� bo'mj 07P/tl rt•A`• >aj *9- _ -_a'ir. ": . .- _ H1 L b1Fo Itl,VIq+7T J1YI N Ia OEM __ __ _ _I_ C�foT W i1')n �_-G"T -_r I et. n."u 11 Yu. Iu,1+11 .s.i e ' • t ,1' ��i°.o a 4e uN 5unv[Y•a sr No+» >„4/ .y '!. I. , i '�' plrT-�- ,.j.,�„3 .r.,. _._ .. G.f Y,.` _ .. J 1. 11. %.'M. Ai M w MN,NNI ,uaY[Y 4a11 N."'4r J`� •, ' � 'NI ' , > 1 S 1" 4 NIACK RD6DaLK ' 14, 9 i,l,•�./ Si Y 1„I 14�/' a^'•.'•~ t - r val. 0I71.1'61WI r i iV' • { • , a' a till en 9Oil ial' re:(. jP.7".1.1 7 l I.o• l,.l w 7 ,,. ,Y w F` •Y D' •- MHO AG +,' .T,h H ''`•> , POINT Of N Y , t /1,/L .a !'- / -,; 4460.X.� �• /}( `5 1„�• BEGINNING a- - _IE ' "K Ito{T 1! r/'m�' �1 VIRGINIA D•NOIRS . , Y t�i Gp TRACT 1 .1 '1 3l '^"'• % L'1 '> :it Qry l7'- I. • • > ! ,r /:r 1 . I v 7 • ^p * Vol 17.0 PG/0// I 1 a,1 tj , r„>i BEAN [KEEN COMMUNITIES,INC IAj +n » ,1 r+ 1 1 EGIIID •G t I`. I�tr r 'd '%JP, PO AB001 I •t�p 1 ,• • • '• >• `+ • - .•'. ', ....1; u VOL 961D.rG MO f p- > f .1 �1�t•• >1'\ •#1;I ,;„ •. • .� , -. - 1 - , �� t 3F, a l IIt'� G 11 1 r r e '1/N +{.•J NOTE' l !WONT SETBACKS Witt BE A 'll tli , 1• 'u�'`,' 1.fhi°»Tw-a r. > t' K f> Y el M4RR,011 �' '0 MIXTURE Dr 25•,Id.D5' a0' Z Z •1 I a .� r' l+' `t4s .Clu•N•N[Y...UMW! r / -, t•', a aa'lrli. A Yi+• YYl ANCY... ]W.,� TO ACCOMMODATE EXISTING TREES, - I, ✓„� ,, • r(� ' N.0' •C / Y y.1•••e''£' ,fi1 TOPOGRAPHY AND LOT CONFIGURATION. •6 1.4' Lr a r >j rtaa�� t.rit > --J�./ .I1 /oN1014 Cf yow .� / '' ...II 7 MINIMUM rRONT 5ETB4CK TO BE 25. u I F1 '/, ..S: ' Ywl to ,Y „1 [••1, • ,✓ {, r( \ D NO MORE THAN SO:OF LOTS SHALL HAVE • 6" t 0 - • • "' DONaIO EORt MEN G•t� \ 6ETBACKS LE55 THAN 35' C I• 1,� f 9T t 'I.TL ITOKt01G " I• r p YOL Nlt,P6 N'1) PAEUNHA/>Y PEAT �G Si >v Iyl ; G. D i 1 T I. ASt a,..K.n ` y' Y�9r < 4 ALL OUSTING STRUCTURES WILL BE PEMOVEO C .11 Ol.-N I >I/,'yl 2oNC0 wG Yi 4F 5, ...,`. .•_�._..� ' li�fr\ 1 l...1.1......,>•so soo•,o>ra•Cs>op' PHASETIMAR1&2 \t ... ,.......,.,,, r . 0o- PAEEIMIHAHA-FOR REVIEW ONLY I GBEDIAN W.KNIGHT SURVEY,ABSTRACT N4 699, __ - „___.r I� akk.." is. -T4•.a«Ya.d.a Imo, oR.. ,._..__..,._..,....._.._ '""" '^'•'•'••r•'•^_-•'^ Eo f.3^, Ina s eON Ils•letsup Aso a 9lPAllq THE MIRIAM GRAIIDBEARY SURVEY.ABSTRACT Ma 111, ?re�• Pa,ml Now". TN,.•,•P,•pu•e THE HALL MEDLIN SURVEY,ABSTRACT NI 1021, �= p.,,,,...0,f t,0 p tr.a.WON N,•Wpwl•laA 01. �'.7.�.-., -.•"• ,.... •.�-•^'.•T••_••^'••_-�•. Ii„ o,lu,4; n 3 O EA/l.. Grf.,G i�d I AND THE HALL MEDLIN SURVEY,ABSTRACT NO 1031 3' ,..... .. ��� �,_._„�M..,�......-. I._ - _. I^ >Y Aw N•.. Mi-"ew w GN '"'-"•"'-••- Olt Of 60uln4Al.14An4Nf COUNTY, • • ,....�....... ... .. `` :.-........ •-r•-.••-. WIYa Mud 1,,, H. Wlalr bur taal 1n. N Owt4NIl*VEtp'EN 4EAN CHEEK C0 a4i[AI- '" Yn fMLL Al "- •' --- -- - ------ UN E CAIWNI EN MVO,.(MI6 1N1 "^•^ Ou>,zu{4 sou - IMAM IE.4l /IWt "._�-�•.._-....� �w..r...�_... „..r....�..,....� w a., u, ... ua Y•p1-� ._ .._ .__ UIU n1.1141 ..r-..._.._..'......- ,..-'._.;r._,,,.._..,_ .._,.._..........._•._.~ ,. as , • ENW,N1R CANIEN 4 BUNOFIA INC ....._..._._....._. ,• -••,• ••_,•tl••_••• w.,`................ '"••` U. Liz 19.01111LOCC*ONYL,tUlit 710 no ,._•wr.. ..........._..- 1...,�r..._.•_...._ ,,•^•'•••°•••"•^'^ .� ^�""" u•aera 4!u,r, ,> ei r•MW+M 0ALL46,IE4A1 /1241 r,[wwK.+w+.Kw.fY,. IJ>N IJI.O,•1 _ __ _ _ _ _ ham G•lw Y.Nsu Gw.w a r•i-iaw,va,__. •- • ...,_._..................- ....•...r..._..r_.._ ...�.........•..__........ «...__^.... �, 0 rr • •.> . N[wraw _..._.,_ .. 141.1 A4/11f uwl• APPROVED PREIIIMINARY PI.IAT FOR PHASES I AND 2 City of Southlake,Texas MEMORANDUM September 29, 1992 TO: Curtis K. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-38 Plat Revision REQUESTED ACTION: Plat Revision of Block 1, Lots 34 through 46, Timber Lake Section 1, being 9.5969 acres situated in the J. Bailey Survey, Abstract No. 97 and the P.J. Hyde Survey, Abstract No. 667 and being revised to Block 1, Lots 34R through 45R, Timber Lake Section 1. LOCATION: East side of Timber Lake Way along the eastern boundary of Timber Lake Section 1. OWNER/APPLICANT: Southlake Joint Venture CURRENT ZONING: "R-P.U.D." BACKGROUND INFO: The purpose of this plat revision is to relocate the common' area further South and to construct a community center/pool, children's playground, jogging trail, and golf putting green on the proposed Lot 45R. NO. NOTICES SENT: No notices were required to be sent because Southlake Joint Venture still owns all properties within 200' of the lots affected by the plat revision. P & Z ACTION: September 17, 1992; Approved (5-0) subject to the Plat Review summary dated September 10, 1992. STAFF COMMENTS: Attached please find the Second Plat Review Summary dated October 1, 1992. KPG p- i CITY OF SOUTHLAK 2/07/90 FINAL PLAT APPLICATION (Plat Revision) TITLE OF PLAT: Timber Lake Section 1 Plat Revision SUBMITTAL DEADLINE: August 24, 1992 TOTAL L TS: 12 TOTAL ACRES: 9.5969 . APPLICANT CANER (if different) NAME: The Nelsc Corporation Southlake Joint Venture ADDRESS: 5999 Srrrrerside, Suite 202 14860 Montfort. Sdite200 Dallas. Texas 75252 Dallas. Texas 75240 PHONE: 214-380-2605 214-490-3255 I hereby mortify that this plat is in conformance with the requirements of Subdivision Ordinances No. 483 and No. 217, Drainage Ordinance No. 482, and the Zoning Ordinance . No. 480 and other ordinances, maps and codes of the City of Southlake that 'pertain to this submittal. I farther understand that it is necessary to be present at the applicable Planning and Zoning Commission and City Council meetings to represent the enclosed- request and address any Irwei issues. Signed: le..._,,_:_-_, ram �`'`t' Date: q;-//1.1'Z/ ***************. *** **********************************************************************_ For City Use Oaly: I hereby acknowledge receipt of the preliminary plat application and the application fee in the amount of $ / e/.G.0 0 on this the _ 9 L day of � , 19� -d iz.�0, Signed: ' �. 1' Title: ;i-ilviT , ti- . - ************z***** *********************************** *** ************************* following checklist is a partial summary of platting requirements required by the Lily of Southlake. The applicant should further refer to Subdivision Ordinance No. 483. and No. 217, Drainage Ordinance No. 482 and the Zoning Ordinance No. 334 and other ordinances, maps and codes available at the City Hall that may pertain to this plat submittal. Shown Not GENERAL INFORMATION Cori $lan Applic. �/ Acceptable scale: 1" = 50' , 1" = 100' ___r- North arrow, graphic & written scale in close proximity , - Vicinity Map _V Appropriate title, i.e. "A Final Plat of..." .. Title includes City, County, State and survey name and abstract V Title includes total gross acreage and date of preparation Name & address of record owner & subdivider (if different) —7- Name, address and phone of Surveyor �- Standard approval block provided . Proper format for owner's dedication and notary (Appendix) Proper surveying certification statement (Appendix) Courthouse filing record note provided / ADJACENT PROPEL I'Y (within 200') +� Unplatted property: Name of record owner with vol. & page deed record Platted property: Show as dashed the lot lines, lot & block numbers', street names, subdivision name & plat record vol. & page. Locate City Limit or E.T.J. Lines . 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City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 92-38 REVIEW NO: ONE DATE OF REVIEW: 9/10/92 ` PROJECT NAME: Plat Revision - Timber Lake Section 1 Lots 34R - 45R, Block 1 OWNER/APPLICANT: ENG/SURVEYOR: Southlake Joint Venture The Nelson Corporation 14860 Montfort 5999 Summerside Drive Suite 200 Suite 202 Dallas, Texas 75240 Dallas, Texas 75252 Phone: (214) 960-9941 Phone: (214 ) 380-2605 Fax: Fax: (214) 380-2609 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/27/92 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 . Please change the drawing scale to 1" = 50 ' or 1" = 100 ' . Also provide a witten scale near the graphic scale. 2 . Add the following in the title block: "Being a revision of Lots 34-46, Block 1, Timber Lake Section 1 as recorded in Cabinet A, Slides 484 & 485, PRTCT. " 3. Show and label the Floodplain Limit. 4 . Add a signature block for the Planning and Zoning Commission approval . 5 . Reference both surveys in the legal preamble. 6 . The block reference is incorrect on the third note. 7 . Our records show different current owners for the Stroud and Howard tracts to the east. 8 . Label the plat record on the remaining portions of Section 1 and show current ownership to the south of these lots . 9 . Show curve data for the west line of lot 45R and the bearing for the tangent line. 10 . Label all property corners as to rods/pins found or set with sizes or modify note two to reflect that all property corners are set iron rods . 11. The drainage easement to Lot 35R will be modified due to plan review comments . 12 . Provide minimum finish floor elevations on Lots 34R - 36R. g D-5 City of Southlake,Texas 13. Provide the minimum finish floor note on the plat. 14 . Block designation is shown incorrect in the Lot Summary table. 15. Change Lot 1, Block 2 to Lot 30 per the previous plat. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations . * Original signatures will be required on both blackline mylars prior to filing the plat. Also required are two sets of owner' s dedications and notaries with original signatures on 8 .5" x 11" or 14" paper. * The applicant should be aware that any revisions made prior to , City Council must be received at the City by 9/28 , 1992 . All revised submittals must be folded 6" x 9" and include an 8 .5" x 11" revised reduction. * Denotes Informational Comment cc: Southlake Joint Venture Nelson Corporation . :• :t••••t:• atm. S.•apq • +R ..A.SOI a6 1t J • - 1 ueJ••E Il,O z C .ar I ..p.. , .~j•�f 0 a,r.C,r, ••. car.ftyar SAW, .atSFRA41•.2. Sat 700•u•��r a7a.u' ' r •V t '1 _ SOJ'j2'2 _ „, j 77 g' .• sof ®n SS: q w i-o �j 7f-tl t: BLOCK' 1 i= - (J T 77-A : .. • _' 7r.p .I= - •,�4 rt,CCC.•. 0 7a Null 6264wt 7•!0' ]•u 2 • I ` ,i2 ]9-a ,,i !.'lit •Ca27 0.0 ••-�._Jo2[n n.• •� , ,.BEET -\ (za �+ _lit ... ! / ; li / i/ 21 BLOCK/ 4 .0 ` \ `C 7 4'1 1-Ili %~ Zi. a•-7 i! - •,.• -''rp'• \ • It ctil • !N.:, ,'',/:P3 • • • •`\ a BLOCK i r01 N' \ , N — +L1 —.-=.;'-t..1.: ', z� \ ClP,CLc '\ � BLOCK A • PLAT REVISION LOTS 34—R THRU 45—R, BLOCK 1 TIMBER LAKE SECTION I Ith City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 92-38 REVIEW NO: TWO DATE OF REVIEW: 10/1/92 - ' PROJECT NAME: Plat Revision - Timber Lake Section 1 Lots 34R - 45R, Block 1 z I OWNER/APPLICANT: ENG/SURVEYOR: Southlake Joint Venture The Nelson Corporation 14860 Montfort 5999 Summerside Drive Suite 200 Suite 202 Dallas, Texas 75240 Dallas, Texas 75252 Phone: (214) 960-9941 Phone: (214 ) 380-2605 Fax: Fax: (214) 380-2609 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/28/92 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 . Show the lotting south of this area with dashed lines and label as "Approved Preliminary Plat, Timberlake Phase 2" . * The drainage easement to Lot 35R may be modified due to plan review comments . * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations . * Original signatures will be required on both blackline mylars prior to filing the plat. Also required are two sets of owner' s dedications and notaries with original signatures on 8 .5" x 11" or 14" paper. * Denotes Informational Comment cc: Southlake Joint Venture Nelson Corporation gp- g I,• Ell • •-••.:• . •IsVJ• • •5:/•: .1::1 It' '„'u.Y'f I}I II , . if 4 M —1 . ..• 17'•{{{ 714110 •'. 6•..Qr.4 Nf♦ •1314.r^.0. 511 ti I I Is•.1 1 I w1�' 1 ``t• II 111111181W IIIIII' -p�i tIA41111 1 I1101i1 11111^IU' I' `,,."11��1.,�'I I R , IIII "914• 1 - • I . -. _ I5 _1.IIw!10•YI,K 1118.U11/ / p aA • 1�1 1.•I 1" I •• V IN IV r+ �I ,.r,• ..1... •••• IItOCIY i 1D.,,M ul 5 —� 11.1'I. r • 01 71-a 0 0 •.•b o.. IS- 1\ I I•-i !'1 , "To. j. J/-A FI II 7040 • ItOtO...f M. U.Io• AAUK.t 1 ^•• SA5,10 1J.,r t. ..,, •I` �I _III j' }J t_. ' II `-�___.----ii IHER ••� 'J••4 O I, ••",•.. ; ..,.. / eL-`. 1 ' t `T / 'y\ \ IOT I • DER LAKE, SECTION I , _:.\\ ., N............_ _____ ___k_.. .!--7' .•*•• I.O.I •uOre ale••n.If.r r.r /AP \,.4-E' le (AA •, . 19 R.4 TRUIE: 44E :.. 70 • ': CMCLE . , . ®LOCK 4 • •• `••:' • PLAT Rh;VISION LOTS 34-R THRU 4.5-R, BLOCK I TIMBER LAKE SECTION 1 • 2nd City of Southlake, Texas CITY MANAGER MEMORANDUM - r : / /l{1' September 30, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. Director of Public Works SUBJECT: Adoption of 1991 Uniform Swimming. Pool Code Attached is the 1991 Uniform Swimming Pool Code. The latest swimming pool code adopted by the City was in 1988. The 1991 code, as prepared by the UBC officials, did not make any changes, however, staff is suggesting that one change be added to the code. The proposed change is to allow the wall of a dwelling to serve as part of the fence. Please place this item on the Council's next agenda. If you have any questions, please let me know. 4ir MHB/lc . f Attachment: 1991 Uniform Swimming Pool Code c:%„pfileslm tUsPCode.BLD ORDINANCE NO. AN ORDINANCE ADOPTING THE 1991 EDITION OF THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE FOR THE CITY OF SOUTHLAKE, TEXAS; PROVIDING MINIMUM STANDARDS FOR CONSTRUCTION OF SWIMMING POOLS, SPAS, AND HOT TUBS; ESTABLISHING SWIMMING POOL FENCE REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; REPEALING CONFLICTING ORDINANCES; PROVIDING PENALTIES; AND PROVIDING AN EFFECTIVE DATE. City of Southlake, Texas is a home rule c' y acting under its charter adopte electorate suant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council has determined that it is expedient and for the benefit of the health, safety, and welfare of the citizens of the city that the Uniform Swimming Pool, Spa, and Hot Tub Code, 1991 Edition, be adopted as the Swimming Pool, Spa, and Hot Tub Code of the city; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The Uniform Swimming Pool, Spa, and Hot Tub Code, 1991 Edition, published by the International Association of Plumbing and Mechanical Officials is hereby adopted as the Swimming Pool, Spa, and Hot Tub Code of the City of Southlake. This code is attached to this ordinance and identified as Exhibit "A" and is fully incorporated by reference as though copied into the ordinance in its entirety. SECTION 2. The Swimming Pool, Spa, and Hot Tub Code of the City Southlake, Exhibit "A" to this ordinance, is hereby amended by tiP adding Chapter 6 tc read as follows : CHAPTER 6 FENCES FOR SWIMMING POOLS Sec. 601. During the construction of a swimming pool , there shall be erected a temporary fence around the swimming pool construction site. After completion cf a swimming pool and before the pool is filled with water, a permanent fence shall be erected surrounding the pool. Both the temporary and permanent fence shall conform to the following specifications: (a) The top of the fence shall be at _least five feet (5' ) above grade, measured on the side of the fence thAt faces away from the swimming pool. Any opening in the fence shall be no larger than a size to prevent a sphere four inches (4" ) in diameter from passing through the fence. (b) All gates in the fence shall be installed so as to be "self-closing" with a latch located on the gate in the upper one-quarter of the gate. All gates shall be no less than five feet (5' ) in height and the latch installed on the gate shall be located no less than four feet (4' ) from the ground. (c) The wall of a dwelling may serve as part of the fence. • SECTION 3. Permits, inspections, and fees required in the Uniform Administrative Code, 1991 Edition, as adopted by the City of Southlake, shall apply to the Swimming Pool , Spa, and Hot Tub Code. SECTION 4. • It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections 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 nct affect 09/29/92 - 2 - any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since they would have been enacted by the City Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Any person, firm or corporation who violates, disobeys, omits, neglects o= refuses to comply with or who resists the enforcement of any of thbe 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 off erse. SECTION 6. 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 wittout further proof than the production thereof. SECTION 7. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public 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 previsions, then the City Secretary shall additionally publish this o=dinance in the official City newspaper one time within ten days after passage, as required by Section 3 .13 of the Charter of the City of Southlake. 09/29/92 - 3 - 3.a.f SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1992. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1992. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: • EFFECTIVE: a:sl\swimcode.ord 09/29/92 - 4 ORDINANCE NO. N575 AN ORDINANCE authorizing the issuance of "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1992A" ; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. WHEREAS, notice of the City Council's intention to issue certificates of obligation in the maximum principal amount of $1, 300, 000 for the purpose paying contractual obligations to be incurred for (i) the construction of improvements and extensions to the City's combined Waterworks and Sewer System and (ii) professional services rendered in connection therewith, has been duly published in The Fort Worth Star Telegram on 1992 and , 1992 , the date of the first publication of such notice being not less than fifteen (15) days prior to October 6, 1992 , the date stated therein for the first reading of this Ordinance; and WHEREAS, no petition, bearing the valid petition signatures of 5% or more of the qualified electors of the City, protesting the issuance of the certificates of obligation described in the aforesaid notice, has been presented to or filed with the City Secretary on or prior to the date of the passage of this Ordinance; and WHEREAS, the Council hereby finds and determines that all of the certificates of obligation described in such notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $1, 300, 000, to be designated and bear the title "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS 0043949 REVENUE CERTIFICATES OF OBLIGATION, SERIES 1992A" (hereinafter referred to as the "Certificates") , for the purpose of paying contractual obligations to be incurred for (i) the construction of improvements and extensions to the City's combined Waterworks and Sewer System and (ii) professional services rendered in connection therewith, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A. , Local Government Code, Subchapter C of Chapter 271, as amended. SECTION 2 : Fully Registered Obligations - Authorized Denominations-Stated Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated October 1, 1992 (the "Certificate Date") and shall be in denominations of $5, 000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate 1995 $ 35,000 % 0 1996 40, 000 1997 40, 000 1998 45, 000 1999 45, 000 2000 50, 000 2001 55, 000 % 2002 55, 000 2003 60, 000 2004 65, 000 2005 70, 000 2006 75, 000 % 2007 80, 000 % 2008 85, 000 % 2009 90, 000 2010 95, 000 2011 100, 000 2012 105, 000 % 2013 110, 000 The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate(s) per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months) . Interest on the Certificates shall be payable on February 15 and August 15 of each year, commencing February 15, 1994 . 0043949 88.-2- SECTION 3 : Terms of Payment-Paying Agent/Registrar. The • principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity or redemption shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books (the "Security Register") maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of AMERITRUST TEXAS NATIONAL ASSOCIATION to serve as - Paying Agent/Registrar for the Certificates is hereby approved and confirmed. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its principal offices in Dallas, Texas (the "Designated Payment/Transfer Office") . Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day, when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. • 0043949 -3 In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4 : Redemption. (a) Optional Redemption. The Certificates having Stated Maturities on and after February 15, 2003 , shall •be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5, 000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) , on February 15, 2002 or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar) , the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select by lot, the Certificates to be redeemed; provided that if less than the entire principal amount of a Certificate is to be redeemed, the Paying Agent/Registrar shall treat such Certificate then subject to redemption as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificate by $5, 000. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of 0043949 Q-4- redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/ Registrar only upon presentation and surrender of the Certificates by the Holder. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys sufficient for the payment of such Certificates (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/ Registrar. SECTION 5: Registration - Transfer - Exchange of Certi- ficates - Predecessor Certificates. A Security Register relating to the registration, payment, and transfer or exchange of the Certificates shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the provisions of an agreement with the Paying Agent/Registrar and such rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each registered owner of the Certificates issued under and pursuant to the provisions of this Ordinance. Any Certificate may, in accordance with its terms and the terms hereof, be transferred or exchanged for Certificates of other authorized denominations by the Hblder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar at the Designated Payment/Transfer Office for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Certificate at the Designated Payment/Transfer Office of the Paying Agent/Registrar, 0043949 -5- one or more new Certificates shall be registered and issued to the • assignee or transferree of the previous Holder; such Certificates to be in authorized denominations, of like Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and for like aggregate principal amount, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver Certificates, executed on behalf of and furnished by the City, to the Holder requesting the exchange. All Certificates issued upon any transfer or exchange of Certificates shall be delivered at the Designated Payment/Transfer Office of the Paying Agent/Registrar, or sent by United States mail, first class postage prepaid, to the Holder and, upon the delivery thereof, the same shall be valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates, " evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any Certificate registered and delivered pursuant to Section 24 hereof in lieu of a mutilated, lost, destroyed, or stolen Certificate which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/Registrar shall be required to transfer or exchange any Certificate called for redemption, in whole or in part, within 45 days of the date fixed, for redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an 0043949 j 6- • • exchange by the Holder of an unredeemed balance of a Certificate • called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3 , 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC) , a limited purpose trust company organized under the laws of the State of New York, in accordance with the requirements and procedures identified in the Letter of Representation, by and between the City, the Paying Agent/Registrar and DTC (the "Depository Agreement") relating to the Certificates. Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the "DTC Participants") . While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co. , as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the "Beneficial Owners") being recorded in the records of OTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3 , 4 and 5 hereof. SECTION 7 : Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to the initial 0043949 cf 7- • purchaser(s) and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 8C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 8D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8 : Initial Certificate(s) . The Certificates herein authorized shall be initially issued either (i) as a single fully registered certificate in the total principal amount of $1, 300, 000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as nineteen (19) fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificate(s) ") and, in either case, the Initial Certificate(s) shall be registered -in the name of the initial purchaser (s) or the designee thereof. The Initial Certificate(s) shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser (s) . Any time after the delivery of the Initial Certificate(s) , the Paying- Agent/Registrar, pursuant to written instructions from the initial purchaser (s) , or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s) , or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9 : Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially 0043949 gdr8- in the forms set forth in this Section with such appropriate • insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the certificate. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution thereof. • B. Form of Certificates. • REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATE OF OBLIGATION, SERIES 1992A Certificate Date: Interest Rate: Stated Maturity: CUSIP NO: October 1, 1992 Registered Owner: Principal Amount: DOLLARS The City of Southlake (hereinafter referred to as the "City") , a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value 0043949 p . received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof asshall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 1994 . Principal of this Certificate is ipayable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the registered owner of this Certificate (or one or 'more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at. the close of business on the "Record Date" , which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar- by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or i!by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of 'the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $1, 300, 000 (herein referred to as the "Certificates") for the purpose of paying contractual obligations to be incurred for (i) the construction of improvements and extensions to the City's combined Waterworks and Sewer System and (ii) professional services rendered in connection therewith, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A. , Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance") . • The Certificates maturing on and after February 15, 2003, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5, 000 or any integral multiple thereof (and if within a Stated Maturity by lot bythe Paying Agent/Registrar) , on February 15, 2002 , or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption and upon 30 days prior 0043949 -10- it is written notice being sent by United . States Mail, first class postage prepaid, to the registered owners of the Certificates to be Hredeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Certificate (or any portion of the principal sum hereof) shall have been duly called for;; redemption and notice of such redemption duly given, then upon such redemption date this Certificate (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys for the payment of the redemption price and the interest on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event of a partial redemption of the principal amount of this Certificate, payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of this Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar and there shall be issued, without charge therefor to the registered owner hereof, a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Certificate is selected for redemption, in whole or part, the City and the Paying Agent/Registrar shall not be, required to transfer this Certificate to an assignee of the Holder of this Certificate within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of this Certificate of the unredeemed balance hereof in the event of its redemption in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and are additionally payable from and secured by a lien on and pledge of the Net Revenues (as defined in the Ordinance) of the City's combined Waterworks and Sewer System (the "System") , such lien and pledge, however, being junior and subordinate to the lien on and pledge of the Net Revenues of the System securing the payment of "Prior Lien Obligations" (as defined in the Ordinance) now outstanding and herjeafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise as well as the right to issue additional obligations payable from the same sources as the Certificates and, together with the Certificates, equally and ratably secured by a parity lien on and pledge of the Net Revenues of the System. 0043449 �) ii • Reference is hereby made to the Ordinance, a copy of which is onl! file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description -of and the nature and extent of the tax levied for the payment of the Certificates; the Net Revenues pledged to the payment of the principal of and interest on the Certificates; the nature and extent and manner of enforcement of the pledge; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledges, charges and covenants made therein may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. - , The City and the Paying Agent/Registrar, and any agent of0 either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at„ its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of+; nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due 0043949 sT -12- interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at then, close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the; Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to andiin the issuance of the Certificates to render the same lawful and; valid obligations of the City have been properly done, have happened and'have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and, provisions of this Certificate and the Ordinance shall be con@strued in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the''; City as of the Certificate Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) 0043949 C. *Form of Registration Certificate of Comptroller 1 of Public Accounts to appear on Initial Certificate only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accouhts of the State of Texas. WITNESS my signature and seal of office this !! Comptroller of Public Accounts - - of the State of Texas (SEAL) 1 D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance; the certificate or ; certificates of the above entitled and designated series originally delivered having been approved by the Attorney General ofi,the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The principal offices of the Paying Agent/Registrar located inDallas, Texas, is the "Designated Payment/Transfer Office" for this Certificate. Registration Date: AMERITRUST TEXAS NATIONAL ASSOCIATION, as Paying Agent/Registrar By Authorized Signature *NOTE TO PRINTER: Do Not Print on Definitive Certificates 0043949 gy-14- li E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto •(Print or typewrite name, address, and zip code of transferee: ) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this Signature guaranteed: assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. ii F. The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the certificate the headings "Interest Rate " and "Stated Maturity " shall both be omitted; (ii) paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of Southlake (hereinafter referred to as the "City") , a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: 0043949 -15- . { PRINCIPAL INTEREST YEAR INSTALLMENTS RATE it (Information to be inserted from schedule in Section 2 hereof) . (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of ;: twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, 1994 . Principal of this Certificate is payable at its Stated Maturity or on a prepayment date to the registered owner hereof by Ameritrust ' Texas National Association (the "Paying Agent/Registrar") , upon its presentation and surrender, at its principal offices in Dallas, Texas (the "Designated Payment/Transfer Office") . Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date" , which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by; and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Certificates" shall mean the $1, 300, 000 "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1992A" authorized by this Ordinance. (b) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. 0043949 -16- (c) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date annual ad valorem taxes levied each year by the City become delinquent. (d) The term "Fiscal Year" shall mean the twelve month accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City. (e) The term "Government Securities" shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and the United States Treasury obligations such as its State and Local Government Series in book-entry form. (f) The term "Gross Revenues" shall mean all income, receipts and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction) of the System, including earnings and income derived from the investment or deposit of moneys in any special funds or accounts created and established for the payment and security of the Prior Lien Obligations and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. (g) The term "Maintenance and Operating Expenses" shall mean all current expenses of operating and maintaining the System, including all salaries, labor, - materials, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair obligations Ij payable from Net Revenues shall be deducted in determining "Net Revenues" . Depreciation charges shall not be considered Maintenance and Operating Expenses. Maintenance and Operating Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods, services, or facilities for the System to the extent authorized by law and the provisions of such contract. 0043949 Qi (h) The term "Net Revenues" shall mean the Gross Revenues of the System, with respect to any period, after deducting the System's Maintenance and Operating Expenses during such period. (i) The term "Outstanding" when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates deemed to be duly paid by the City in accordance with the provisions of Section 25 hereof; and (3) those mutilated, destroyed, lost, or stolen Certificates which have been replaced with Certificates registered and delivered in lieu thereof as provided in Section 24 hereof. (j) The term "Prior Lien Obligations" shall mean (i) the outstanding and unpaid (1) "City of Southlake, Texas, Waterworks and Sewer System Revenue Bonds, Series 1984" , dated May 1, 1984, originally issued in the aggregate principal amount of $500, 000 and (2) "City of Southlake, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 1987" , dated March 1, 1987, and originally issued in the aggregate principal amount of $217 , 000 and (ii) obligations hereafter issued which by the terms of the authorizing ordinance are made payable from and secured by a lien on and j; pledge of the Net Revenues of the System ranking prior and superior to the lien and pledge securing the payment of the Certificates. (k) The term "System" shall mean all properties, facilities and plants currently owned, operated and maintained by the City for the supply, treatment, transmission and distribution of treated potable water and the collection, treatment and ; disposal of water-carried wastes, together with all future extensions, improvements, replacements and I. additions thereto. ij SECTION 11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, I• 0043949 ] ff redemption and retirement of the Certificates, there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 1992A TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND" , and all moneys deposited to the credit of such Fund shall be shall be kept and maintained in ;a special banking account at the City's depository bank. Authorized officials of the City are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due, and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Payj'ing Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. monPending the transfer of funds to the Paying Agent/Registrar, ey in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the "Public Funds Investment Act of 1987" relating to the investment of "bond proceeds" ; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper time or ;',times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 12 : Tax Levy. To provide for the payment of the "Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater) , there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outlstanding, a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority ofhthe City for such purpose is adequate to permit a legally 0043949 of Ij II sufficient tax in consideration of all other outstanding • indebtedness. The amount of taxes to be provided annually for the payment ofHthe principal of and interest on the Certificates shall be determined and accomplished in the following manner: (a) Prior to, the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the Council shall determine: (1) The amount on deposit in the Certificate Fund after (a)' deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied sand (b) adding thereto the amount of the Net Revenues of the System appropriated and allocated to pay such Debt Service Requirements prior to the Collection Date for the ad valorem taxes to be levied. Ei (2) The amount of Net Revenues of the System, appropriated and to be set aside for the payment of the Debt Service Requirements on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. (3) The amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. (b) The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the amount established in paragraph (3) above less the sum total of the amounts established in paragraphs (1) and (2) , after taking into consideration delinquencies and costs of collecting such annual taxes. SECTION 13 : Pledge of Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, all the Net Revenues of the System, with the exception of those in excess of the amounts required to be deposited to the Certificate Fund as hereafter provided, are hereby irrevocably pledged, equally and ratably, to the payment of the principal of and interest on the Certificates, and Additional Certificates, if issued, and the pledge of Net Revenues of the System herein made for the payment of the Certificates shall 0043949 5y-20- ii • constitute a lien on the Net Revenues of the System in accordance with the terms and provisions hereof and be valid and binding without further action by the City and without any filing or recbrding except for the filing of this Ordinance in the records of the City. - SECTION 14 : System Fund. The City hereby covenants and agrees that all Gross Revenues (excluding earnings from the investment of money held in any special funds or accounts created for the payment and security of Prior Lien Obligations) shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the "City of Southlake Waterworks and Sanitary Sewer System Fund" (hereinafter called the "System Fund") . All moneys deposited to the; credit of the System Fund shall be allocated, appropriated and budgeted to the extent required for the following purposes and in the order of priority shown, to wit: First: To the payment of Operating and Maintenance Expenses of the System as defined in ;; herein or required by statute to be a first charge on and claim against the Gross Revenues of the System. 1 Second: To the payment of all amounts required Ito be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing !i the issuance of Prior Lien Obligations. Third: Equally and ratably, to the payment of the amounts required to be - deposited in the special funds and accounts created and established for the payment of the Certificates (the Certificate Fund) , and Additional Certificates. li Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 15: Deposits to Certificate Fund. The City hereby covenants and agrees to cause to be deposited to the credit of the Certificate Fund prior to each principal and interest payment date for the Certificates from the pledged Net Revenues of the System in the System Fund, after the deduction of all payments required to '; be made to the special Funds or accounts created for the payment and security of the Prior Lien Obligations, an amount 0043949 -21- I! �II • equal to one hundred per centum (100%) of the amount required to fully pay the interest and principal payments then due and payable onthe Certificates, such deposits to pay accrued interest and maturing principal on the Certificates to be made in substantially equal monthly installments on or before the 25th day of each month beginning on or before the 25th day of the month following the date of delivery of the Certificates to the initial purchaser. it The monthly deposits to the Certificate Fund, as hereinabove provided, shall be made until such time as such Fund contains an amount equal to pay the principal of and interest on the Certificates to maturity. Accrued interest received from the purchasers of the Certificates deposited to the Certificate Fund and ad valorem taxes levied, collected and deposited in the Certificate Fund for and on behalf of the Certificates may be taken into consideration and reduce the amount of the monthly deposits otherwise required to be deposited in the Certificate Fund from the Net Revenues of the System. In addition, any proceeds of sale of the Certificates in excess of the amount required to pay the contractual obligations to be incurred (including change orders to a construction contract) shall be deposited in the Certificate Fund, which amount shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes and the Net Revenues of the System. SECTION 16: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 17: Maintenance of System - Insurance. The City covenants and agrees that while the Certificates remain Outstanding, it will maintain and operate the System with all possible efficiency and maintain casualty and other insurance on the properties of the System and its operations of a kind and in such amounts customarily carried by municipal corporations in the State of Texas engaged in a similar type business; that it will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Texas. SECTION 18: Rates and Charges. The City hereby covenants and agrees with the Holders of the Certificates that rates and charges for water and sewer services afforded by the System will beestablished and maintained that are reasonably expected, on the basis of available information and experience and with due allowance of contingencies and after taking into consideration 0043949 4-22- ii other sources of legally available funds budgeted therefor, to provide Gross Revenues in each Fiscal Year sufficient: (a) To pay Operating and Maintenance Expenses, depreciation charges and replacement and betterment costs; (b) To pay the principal of and interest on the it Prior Lien Obligations, if any, as the same becomes due and payable and the amounts required to be deposited in any special Fund created and established for the payment and security thereof; (c) To pay the amounts, if any, required to be deposited in the special Funds created and established for the• payment of the Certificates (the Certificate Fund) , and Additional Certificates; and (d) To pay other legally incurred indebtedness payable from the revenues of the System and/or secured by a lien on the System or the revenues thereof. SECTION 19: Records and Accounts - Annual Audit. The City further covenants and agrees while any of the Certificates remain Outstanding,, to keep and maintain separate and complete records and accounts pertaining to the operations of the System in which complete and correct entries shall be made of all transactions relating thereto, as provided by Article 1113 , V.A.T.C. S. , or other applicable law. The Holder or Holders of the Certificates orlany duly authorized agent or agents of such Holders shall have the; right to inspect the System and all properties comprising the same. The City further agrees that following the close of each Fiscal Year, it will cause an audit of such books and accounts to be ,made by an independent firm of Certified Public Accountants. Copies of each annual audit shall be furnished to the Executive Director of the Municipal Advisory Council of Texas at his office ins! Austin, Texas, and, upon written request, to the original purchaser of the Certificates and any subsequent Holder thereof. SECTION 20: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to 'the Certificate Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions or obligations set forth in this Ordinance, the owner or owners of any of the Certificates shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to 0043949 jl5y/-23- observe and perform any covenant, condition or obligation , prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to fitime and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. f SECTION 21: Special Covenants. The City hereby further covenants as follows: (a) It has the lawful power to pledge the Net Revenues of the System supporting this issue of Certificates and has lawfully exercised said powers under the Constitution and laws of the State of Texas, including said power existing under Articles 1111 et seq. , V.A.T.C.S. and V.T.C.A. , Local Government Code, Sections 271. 041, et seq. (b) Other than for the .payment of the outstanding Prior Lien Obligations, the outstanding "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1990" , dated August 1, 1990 and "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1992" , dated May 1, 1992 and the Certificates, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System. EI (c) To the extent that it legally may, the City further covenants and agrees that, while any of the Certificates are Outstanding, no franchise shall be ij granted for the installation or operation of any competing waterworks and sewer systems other than those owned by the City, and the operation of any such systems by anyone other than the City is hereby prohibited. li (d) No free service of the System shall be allowed, and should the City or any of its agents or instrumentalities make use of the services and facilities of the System, payment of the reasonable value thereof shall be made by the City out .of funds from sources other than the revenues and income of the System. 0043949 4-24- $i SECTION 22 : Issuance of Prior Lien Obligations and Additional Certificates. The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, and, also reserves the right to issue Additional Certificates which, together with the Certificates, shall be equally and ratably secured by a parity lien on and pledge of the Net Revenues of the System. SECTION 23 : Application of Prior Lien Obligations Covenants and Agreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of an irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be lapplicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. Notwithstanding the above, any change or modification affecting the application of revenues derived from the operation of the System shall not impair the obligation of contract with respect to the pledge of revenues herein made for the payment and security of the Certificates. SECTION 24 : Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in r: the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of ;the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. 1 0043949 0 . IE Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall • preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 25: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on 'the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such pledge of Net Revenues shall not have been discharged orlterminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements, and other obligations of ;ithe City to the Holders shall thereupon cease, terminate, and be ', discharged and satisfied. • it Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in ; full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or anLauthorized escrow agent,- which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or ! the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given orwaived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. 0043949 �I Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by thejPaying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of ! four (4) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and. are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any, applicable unclaimed property laws of the State of Texas. SECTION 26: Ordinance a Contract -Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City while any Certificates remain Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the; City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding . affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or 'rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price or the ratie of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 27: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section 27, the following terms have the following meanings: "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, enacted on or before the Issue Date. 0043949 * 27- Ei "Computation Date" has the meaning stated in Treas. Reg. § 1. 148-8 (b) (1) . "Gross Proceeds" has the meaning stated in Treas. Reg. § 1. 148-8 (d) . 1 "Investment" has the meaning stated in Treas. Reg. § 1. 148-8 (e) . tl "Issue Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Nonpurpose Investment" means any Investment in which Gross Proceeds of the Certificates are invested i and which is not acquired to carry out the governmental purpose of the Certificates. pl "Yield of" (1) any Investment shall be computed in • accordance with Treas. Reg. §1. 148-2, and (2) the Certificates has the meaning stated in Treas. Reg. § 1. 148-3 . Ii (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction, or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which, if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the' Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the, City shall have received a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exclusion of interest on any Certificate from gross income for federal income tax purposes pursuant to Section 103i of the Code, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the regulations and rulings ' thereunder, the City, at all times prior to the last Stated Maturity of Certificates, II ki k 0043949 *-28- 11 ei • j (1) shall exclusively own, operate, and possess all property acquired, constructed or improved directly or indirectly with Gross Proceeds of the Certificates and shall not use or permit the use of such Gross Proceeds or any property acquired, constructed, or improved with such Gross Proceeds in any activity carried on by any person or entity other than a state or local government, unless such use is solely as a member of the general public, or (2) shall not directly or indirectly impose or accept any charge or other payment for use of Gross Proceeds of the Certificates or for any , property acquired, constructed or improved indirectly with such Gross Proceeds, other than taxes of general application within •the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if (1) property acquired, constructed, or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes, (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output, or similar contract or arrangement, or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed, or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the regulations and rulings thereunder, the City shall not, at any time prior to the final Stated Maturity of the Certificates, directly or indirectly invest Gross Proceeds of the Certificates in any Investment (or use; such Gross Proceeds to replace money so invested) , if as a result of such investment the Yield of all Investments allocated to such Gross Proceeds whether then held or previously disposed of„! exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149 (b) of the Code and the regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally 0043949 *729- • guaranteed within the meaning of Section 149 (b) of the Code and theI regulations and rulings thereunder. 4 (g) Information Report. The City shall timely file with the Secretary of the Treasury the information required by section 145(e) of the Code with respect to the Certificates on such form and in such place as such Secretary may prescribe. (h) No Rebate Required. The City warrants and represents that it satisfies the requirements of paragraph (2) and (3) of section 148 (f) of the Code with respect to the Certificates without making the payments for the United States described in such section. Specifically, the City warrants and represents that (1) the City is a governmental unit with general taxing powers; (2) at least 95% of the Gross Proceeds of the Certificates will be used for the local governmental activities of the City; (3) the aggregate face amount of all tax-exempt obligations issued or expected to be issued by the City (and all subordinate entities thereof) in the calendar year in which the Certificates are issued is not reasonably expected to exceed $5, 000,000. SECTION 28 : Sale of the Certificates. The sale of the Certificates to f (herein referred to as the "Purchasers") at the price of par and accrued interest to the date of delivery, plus a premium of $ , is hereby approved and confirmed. Del4very of the Certificates to the Purchasers shall occur as soon as ;possible upon payment being made therefor in accordance with the terms of sale. SECTION 29: Qualified Tax Exempt Obligations. That in accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Certificates to be "qualified tax exempt obligations" in that the Certificates are not "private activity bonds" as defined in the Code and the reasonably anticipated amount of "qualified tax exempt obligations" to be issued by the City (including all subordinate entities of the City) for the calendar year 1992 will not exceed $10, 000, 000. SECTION 30: Official Statement. The Official Statement prepared in the initial offering and sale of the Certificates by the City, together with all addendas, supplements and amendments thereto issued on behalf of the City, is hereby approved as to 0043949 2(yr 30- { jj • form and content, and the City Council hereby finds that the . , inf;prmation and data contained in said Official Statement pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The use of such Official Statement in the reoffering of the Certificates by the Purchasers is hereby approved and authorized. 1 SECTION 31: Proceeds of Sale. The proceeds of sale of the Ceritificates, excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction furi!d maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. All surplus proceeds of sale of the including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. SECTION 32 : Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and hale charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and its delivery to the Purchasers. IFurthermore, the Mayor, City Secretary, City Manager and Finance Director, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as Imay be necessary for the approval of the Attorney General, registration by the Comptroller of Public Accounts and delivery of the Certificates to the purchasers thereof and, together with the City's financial advisor, bond counsel and the Paying_ Agent/ Registrar, make the necessary arrangements for the delivery of the Initial Certificate(s) to the purchasers. SECTION 33: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly F 0043949 EI C�-31- 0 61 pp provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in theSecurity Register at the close of business on the business day next preceding the mailing of such notice. the%! In any case where notice to Holders is given by mail, neither failure to mail such notice to any particular Holders, nor any def9ect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Age"nt/Registrar, but such filing shall not be a condition preedent to' the validity of any action taken in reliance upon such waiver. j SECTION 34 : Cancellation. All Certificates surrendered ford payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so de4vered shall be promptly cancelled by the Paying Age€nt/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. i 1 SECTION 35: Printed Opinion. The Purchasers' obligation to a1accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski, Attorneys, Dalslas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and'; payment for the Certificates. Printing of a true and correct reproduction of said opinion on the reverse side of each of the deflinitive Certificates is hereby approved and authorized. SECTION 36: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on ;!the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. if 0043949 -32- ' flI EI SECTION 37 : Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to ;; confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. fi SECTION 38 : Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of thi's Ordinance shall be and remain controlling as to the matters contained herein. SECTION 39: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 40: Effect of Headings. The Section headings herein are for convenience only and shall not affect the cori'struction hereof. 5i SECTION 41: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be :considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 42 : Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 43 : Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Article 6252-17, Vernon's Texas Civil Statutes, as amended. it 0043949 SECTION 44 : Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, October 6, 1992 . PASSED ON SECOND READING AND ADOPTED, this October 20, 1992 . CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: • City Secretary (City Seal) APPROVED AS TO LEGALITY: City Attorney • 0043949 5/734- ii jl ORDINANCE authorizing the issuance of "CI it OF SOUTHLAKE, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1992" ; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. j; WHEREAS, the City Co . ' • - - - City of Southlake ' -xas he finds and • - - Ines that $1, 500, 00. - - ' • - amount of the general—obligation bonds approved and authorized to be issued at, an election held on May 2, 1992 should be issued and sold at this time; and 1 WHEREAS, the City Council hereby reserves and retains the right to issue the balance of unissued bonds approved at said election in the principal amount of $3, 000, 000 in one or more installments when, in the judgment of the City Council, funds are needed to accomplish the purposes for which such bonds were voted; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 : Authorization - Designation- Principal Amount-Purpose. General obligation bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $1, 500, 000, to be designated and bear the title "CITY OF SOUTHLAKE, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1992" (hereinafter referred to as the "Bonds") for permanent public improvements and public purposes, to wit: street improvements, including drainage incidental thereto and the acquisition of right-of-way therefor, in accordance with authority conferred at the aforesaid election and in conformity with the Constitution and laws of the State of Texas, including Vernon's Ann. Civ. St. , Article 1175. SECTION 2 : Fully Registered Obligations - Bond Date - Authorized Denominations-Stated Maturities-Interest Rates. The Bonds shall be issued as fully registered obligations only, shall be dated October 1, 1992 (the "Bond Date") , shall be in denominations of $5, 000 or any integral multiple (within a Stated Maturity) thereof, and shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated 0043941 y Maturities") and bear interest at the rate(s) per annum in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) fi 1995 $40, 000 % 1996 45;'000 % 1997 45, 000 % r 1998 50, 000 % 1999 55,000 % 2000 55, 000 % 2001 60, 000 % 2002 65, 000 % 2003 70, 000 % II 2004 75, 000 % 2005 80, 000 2006 85, 000 % 2007 90, 000 % 2008 95, 000 % 2009 105, 000 % ` 2010 110, 000 % 2011 115, 000 % 2012 125, 000 % 1! 2013 135, 000 % The Bonds shall bear interest on the unpaid principal amounts from the Bond Date at the rate(s) per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months) . Interest on the Bonds - shall be payable on February 15 and August 15 in each year, commencing February 15, 1994 . SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of maturity, redemption or otherwise, shall be payable only to the registered owners or holders of the Bonds hereinafter called the "Holders") appearing on the registration and transfer books (the "Security Register") maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Ameritrust Texas National Association to serve as Paying Agent/Registrar for the Bonds is hereby approved and confirmed. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Bonds are paid and discharged, and any successor Paying Agent/Registrar 0043941 -2- . c shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Bonds shall be payable at the Stated Maturities or the redemption thereof, only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its principal offices in Dallas, Texas (the "Designated Payment/Transfer Office") . Interest on the Bonds shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and==payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. (a) Optional Redemption. The Bonds having Stated Maturities on and after February 15, 2003 , shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5, 000 or any 0043941 -3- 414 II It Ei integral multiple thereof (and if within a Stated Maturity by lot by, the Paying Agent/Registrar) , on February 15, 2002 or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45) days prior to a redemption date for the Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar) , the City shall notify the Paying Agent/Registrar of the decision to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. (c) Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Bonds as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bonds by $5, 000 and shall select the Bonds, or principal amount thereof, to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Bond to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i), specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to prior redemption and has been called for redemption and notice of redemption thereof has been duly given as hereinabove provided, such Bond (or 0043941 -4- i Ii 1 the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor; provided moneys sufficient for the payment of such Bond (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar. ji SECTION 5: Registration - Transfer - Exchange of Bonds-Predecessor Bonds. A Security Register relating to the registration, payment, and transfer or exchange of the Bonds shall at; all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the provisions of an agreement with the Paying Agent/Registrar and such rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Bonds issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Bond may be transferred or exchanged for Bonds of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Bond for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Bonds are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Bonds to the Holder requesting the exchange. All Bonds issued in any transfer or exchange of Bonds shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, 0043941 -5- i 6 fi i and entitled to the same benefits under this Ordinance, as the Bonds surrendered in such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Bonds, " evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Bonds" shall include any mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 11 hereof and such new replacement Bond shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Bond called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Bond; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond called for redemption in part. (; SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Bonds, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC) , a limited purpose trust company organized under the laws of the State of New York, in accordance with the requirements and procedures identified in the Letter of Representation, by and between the City, the Paying Agent/Registrar and DTC (the "Depository Agreement") relating to the Bonds. Pursuant to the Depository Agreement and the rules of DTC, the Bonds shall be deposited with DTC who shall hold said Bonds for its participants (the "DTC Participants") . While the Bonds are held by DTC under the Depository Agreement, the Holder of the Bonds on the Security Register for all purposes, including payment and notices, shall be Cede & Co. , as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of 0043941 -6- f U-7 rl each Bond (the "Beneficial Owners") being recorded in the records ofDTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Bonds or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Bonds, the City covenants and agrees with the Holders of the Bonds to cause Bonds to be printed in definitive form and provide for the Bond certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Bonds in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Bonds shall be made in accordance with the provisions of Sections 3 , 4 and 5 hereof. SECTION 7: Execution - Registration. The Bonds shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Bond Date shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or either of them shall cease to hold such offices at the time of delivery of the Bonds to the initial purchaser(s) and with respect to Bonds delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified, registered and delivered. SECTION 8: Initial Bond(s) . The Bonds herein authorized shall be initially issued either (i) as a single fully registered bond in the total principal amount of $1,500,000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as nineteen (19) fully registered bonds, being one bond for each year of maturity in the applicable 0043941 -7- ii j principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Bond(s) ") and, in either case, the Initial Bond(s) shall be registered in th;e name of the initial purchaser(s) or the designee thereof. The Initial Bond(s) shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of t1-e State of Texas and delivered to the initial purchaser(s) . Any time after the delivery of the Initial Bond(s) , the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s) , or the designee thereof, shall cancel the Initial Bonds) delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to t he Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from t he initial purchaser(s) , or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures oaf the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Bonds, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Bonds as evidenced by their execution. Any portion of the text of any Bonds may be set forth on the reverse thereof, with an appropriate reference thereto on the face Of the Bond. The definitive Bonds and the Initial Bond(s) shall be printed, lithographed, or engraved or typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Bonds as evidenced by their execution thereof. 0043941 1 -8- fl ' kkII ! B. Form of Definitive Bond. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS GENERAL OBLIGATION BOND, SERIES 1992 Bond Date: Interest Rate: Stated Maturity: CUSIP NO: October 1, 1992 Registered Owner: Principal Amount: DOLLARS The City of Southlake (hereinafter referred to as the "City") , a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Bond Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 1994. Principal of this Bond is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Ilnterest is payable to the registered owner of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" Maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the 0043941 -9- li registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Bond is one of the series specified in its title issued in the aggregate principal amount of $1, 500, 000 (herein referred to as the "Bonds") for permanent public improvements, to wit: street improvements, including drainage incidental thereto and the acquisition of right-of-way therefor, under and in strict conformity with the Constitution and laws of the State of Texas and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance") . The Bonds maturing on and after February 15, 2003, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5, 000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) , on February 15, 2002 , or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption and upon 30 days prior written notice being sent by United States Mail, first class postage prepaid, to the registered owners of the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys for the payment of the redemption price and the interest on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event of a partial redemption of the principal amount of this Bond, payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of this Bond to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and there shall be issued to the registered owner hereof, without charge, a new Bond or Bonds of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer this Bond 0043941 -10- to : an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance hereof in the event of its redemption in part. The Bonds are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all of the provisions of+ which the owner or holder of this Bond by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be discharged at or prior to its maturity or redemption, and deemed to be no longer Outstanding thereunder; and for other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Bond as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying 0043941 -11- Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the -last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Bonds to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Bonds do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly executed under the official seal of the City as of the Bond Date. CITY OF SOUTHLAKE, TEXAS Mayor COUNTERSIGNED: City Secretary (SEAL) 0043941 -12- S)A -/3 11/1 C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Bond(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered - by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Do Not Print on Definitive Bonds 411 i D. Form of Certificate of Paying Agent/Registrar to - appear on Definitive Bonds only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued and registered under the provisions of the within-mentioned Ordinance; the bond or bonds of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The principal offices of the Paying Agent/Registrar located in Dallas, Texas, is the Designated Payment/Transfer Office for this Bond. - AMERITRUST TEXAS NATIONAL ASSOCIATION, as Paying Agent/Registrar Registration Date: - By - Authorized Signature 411 0043941 -13- ' E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee: ) (Social Security or other identifying number : ) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: F. The Initial Bond(s) shall be in the form set forth in paragraph B of this Section, except that the form of the sinctle fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the bond the headings "Interest Rate " and "Stated Maturity " shall both be omitted. (ii) Paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of Southlake (hereinafter referred to as the "City") , a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the '0043941 -14- • registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: YEAR OF PRINCIPAL INTEREST MATURITY INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof) . (or so much principal thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid Principal Amount hereof from the Bond Date at the per annum rates of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 1994 . Principal installments of this Bond are payable in the year of maturity or on a prepayment date to the registered owner hereof -by Ameritrust Texas National Association (the "Paying Agent/Registrar") , upon presentation and surrender, at its principal offices in Dallas, Texas (the "Designated Payment/Transfer Office") . Interest is payable to the registered owner of this Bond whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date" , which is the last business day of the month next preceding each interest payment 11/1 date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Levy of Taxes. To provide for the payment of the "Debt Service Requirements" of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount is the greater) , there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hundred dollars' valuation of taxable property in the City for the Debt Service Requirements of the Bonds shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Bonds while Outstanding; full allowance being made for delinquencies and costs of collection; separate books and records relating to the receipt and 410 ; 0043941 -15- FA- -/G disbursement of taxes levied, assessed and collected for and on account of the Bonds shall be kept and maintained by the City at all times while the Bonds are Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the Bonds shall be deposited to the credit of a "Special 1992 Bond Account" (the "Interest and Sinking Fund") maintained on the records of the City and deposited in a special fund maintained at an official depository of the City's funds; and such tax hereby levied, and to be;; assessed and collected annually, is hereby pledged to the payment of the Bonds. i Proper officers of the City are hereby authorized and directed to cause to be transferred to the Paying Agent/ Registrar for the Bonds, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of redemption prior to maturity; such transfers of funds to be made in such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on or before each principal and interest payment date for the Bonds. SECTION 11: Mutilated-Destroyed-Lost and Stolen Bonds. In case any Bond shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Band of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or in lieu of and in substitution for such destroyed, lost or stolen Bond, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Bond, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Bond shall be borne by the Holder of the Bond mutilated, or destroyed, lost or stolen. Every replacement Bond issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds. 0043941 -16- 8k -/7 SECTION 12 : Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as "arbitrage bonds" within the meaning of Section 103 (c) of the Internal Revenue Code of 1954 , as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of four (4) years after the Stated Maturity, or applicable redemption date, of the Bonds such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying 0043941 -17- Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. The term "Government Securities" , as used herein, means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, which are non-callable prior to the respective Stated Maturities of the Bonds and may be United States Treasury Obligations such as the State and Local Government Series and may be in book-entry form. SECTION 13 : Ordinance a Contract - Amendments - Outstanding Bonds. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required to be held by Holders for consent to any such amendment, addition, or rescission. The term "Outstanding" when used in this Ordinance with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Ordinance, except: (1) those Bonds cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Bonds deemed to be duly paid by the City in accordance with the provisions of Section 12 hereof; 0043941 -18- �A - /9 (3) those mutilated, destroyed, lost, or stolen Bonds which have been replaced with Bonds registered and delivered in lieu thereof as provided in Section 11 hereof. SECTION 14 : Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section 14, the following terms have the following meanings: "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, enacted on or before the Issue Date. "Computation Date" has the meaning stated in Treas. Reg. S 1. 148-8 (b) (1) . "Gross Proceeds" has the meaning stated in Treas. Reg. S 1. 148-8 (d) . "Investment" has the meaning stated in Treas. Reg. S 1. 148-8 (e) . "Issue Date" means the date on which the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. "Nonpurpose Investment" means any Investment in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purpose of the Bonds. "Yield of" (1) any Investment shall be computed in accordance with Treas. Reg. §1. 148-2, and (2) the Bonds has the meaning stated in Treas. Reg. S 1.148-3. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction, or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which, if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City shall have received a written opinion of counsel 0043941 -19- �� � ad nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exclusion of interest on any Bond from gross income for federal income tax purposes pursuant to Section 103 of the Code, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by: section 141 of the Code and the regulations and rulings thereunder, the City, at all times prior to the last Stated Maturity of Bonds, (1) shall exclusively own, operate, and possess all property acquired, constructed or improved directly or indirectly with Gross Proceeds of the Bonds and shall not use or permit the use of such Gross Proceeds or any property acquired, constructed, or improved with such Gross Proceeds in any activity carried on by any person or entity other than a state or local government, unless such use is solely as a member of the general public, or (2) shall not directly or indirectly impose or accept any charge or other payment for use of Gross Proceeds of the Bonds or for any property acquired, constructed or improved indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if (1) property acquired, constructed, or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes, (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output, or similar contract or arrangement, or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed, or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the regulations and rulings thereunder, the City shall not, at any time prior to the 0043941 -20- g L-9/ 11 final Stated Maturity of the Bonds, directly or indirectly invest Gross Proceeds of the Bonds in any Investment (or use such Gross Proceeds to replace money so invested) , if as a result of such investment the Yield of all Investments allocated to such Gross Proceeds whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federally buaranteed. Except to the extent permitted by section 149 (b) of the Code and the regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of Section 149 (b) of the Code and the regulations and rulings thereunder. (g) Information Report. The City shall timely file with the Secretary of the Treasury the information required by section 149 (e) of the Code with respect to the Bonds on such form and in such place as such Secretary may prescribe. (h) No Rebate Required. The City warrants and represents that it satisfies the requirements of paragraph (2) and (3) of section 148 (f) of the Code with respect to the Bonds without making the payments for the United States described in such section. Specifically, the City warrants and represents that (1) the City is a governmental unit with general taxing powers; (2) at least 95% of the Gross. Proceeds of the Bonds will be used for the local governmental activities of the City; (3) the aggregate face amount of all tax-exempt obligations issued or expected to be issued by the City (and all subordinate entities thereof) in the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000. SECTION 15: Sale of the Bonds. The sale of the Bonds to (herein referred to as the "Purchasers") at the price of par and accrued interest to the date of delivery, plus a premium of $ , is hereby approved and confirmed. Delivery of the Bonds to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. SECTION 16: Qualified Tax Exempt Obligations. That in accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Bonds to be "qualified tax exempt obligations" in that the Bonds are not 0043941 -21- "private activity bonds" as defined in the Code and the reasonably anticipated amount of "qualified tax exempt obligations" to be issued by the City (including all subordinate entities of the City) for the calendar year 1992 will not exceed $10, 000, 000. SECTION 17 : Control and Custody of Bonds. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Bonds, and shall take and have charge and control of the Initial Bond(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, City Secretary, City Manager and Finance Director, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Bonds, including certifications as to facts, estimates, circumstances and reasonable expectations pertaining to the use, expenditure and investment of the proceeds of the Bonds, as may be necessary for the approval of the Attorney General, the registration by the Comptroller of Public Accounts and the delivery of the Bonds to the Purchasers, and, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond(s) to the Purchasers and the initial exchange thereof for definitive Bonds. SECTION 18 : Official Statement. The Official Statement prepared in the initial offering and sale of the Bonds by the City, together with all addendas, supplements and amendments thereto issued on behalf of the City, is hereby approved as to form and content, and the City Council hereby finds that the information and data contained in said Official Statement pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The use of such Official Statement in the reoffering of the Bonds by the Purchasers is hereby approved and authorized. SECTION 19: Proceeds of Sale. The proceeds of sale of the Bonds, excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized shall be expended for such authorized projects and purposes or deposited in the Interest and Sinking Fund as 0043941 -22- Et -a3 shall be determined by the City Council. All surplus proceeds of sale of the Bonds, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Interest and Sinking Fund. SECTION 20: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 21: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Bonds held by the Paying Agent/Registrar shall be returned to the City. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to being furnished a final opinion of Fulbright & Jaworski, Attorneys, Dallas, Texas, approving the Bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Bonds. Printing of a true and correct reproduction of said opinion on the reverse side of each of the definitive Bonds is hereby approved and authorized. SECTION 23 : CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, 0043941 -23- that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 24 : Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 25: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 26: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 27 : Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 30: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as 0043941 -24- required by Article 6252-17 , Vernon's Texas Civil Statutes, as amended. SECTION 31: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, October 6, 1992. PASSED ON SECOND READING AND ADOPTED, this October 20, 1992 . CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: City Attorney 0043941 -25- RESOLUTION NO. /; -�/ A RESOLUTION approving and authorizing the execution of "Paying Agent/Registrar Agreements" in relation to the "CITY OF SOUTHLAKE, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1992" and "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1992A" and resolving other matters incident and related thereto. WHEREAS, on this date the City Council of the City of Southlake, Texas, authorized the issuance of "CITY OF SOUTHLAKE, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1992" , dated October 1, 1992 and "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1992A" , dated October 1, 1992 (collectively, the "Securities") ; and WHEREAS, such Securities are to be issued in fully registered form only and Ameritrust Texas National Association has been selected to serve as Paying Agent/Registrar; and WHEREAS, written agreements, setting forth the duties and responsibilities of the Paying Agent/Registrar for each series of Securities, have been prepared and submitted to the Council for approval and authorization to execute; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEXAS: The "Paying Agent/Registrar Agreements" by and between the City and Ameritrust Texas National Association relating to the above described Securities, attached hereto as Exhibit A (relating to the Bonds) and Exhibit B (relating to the Certificates) , respectively, are hereby approved as to form and content, and the Mayor and City Secretary of the City are hereby authorized and directed to execute each Agreement in substantially the same form and content herein approved for and on behalf of the City and as the act and deed of this City Council. PASSED AND APPROVED, this October 6, 1992 . CITY •OF SOUTHLAKE, TEXAS ATTEST: Mayor City Secretary (City Seal) 0044009 y EXHIbIT EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of October 6, 1992 (this "Agreement") , by and between the City of Southlake, Texas (the "Issuer") , and Ameritrust Texas National Association, a banking association duly organized and existing under the laws of the United States of America, (the "Bank") . RECITALS WHEREAS, the Issuer has duly authorized and provided for the issuance of its "City of Southlake, Texas, General Obligation Bonds, Series 1992" (the "Securities") in the aggregate principal amount of $1, 500, 000, such Securities to be issued in fully registered form only as to the payment of principal and interest thereon; and* WHEREAS, the Securities are scheduled to be delivered to the initial purchasers thereof on or about November 10, 1992 ; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of,; premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1. 01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities, and, as Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any) , and interest on the Securities as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Bond Resolution" (hereinafter defined) . The Issuer hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the 0044016 9� -a ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the "Bond Resolution" . The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. Section 1. 02 . Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and, amounts set forth in Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of :the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its. agents and counsel) . ARTICLE TWO DEFINITIONS Section 2 . 01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of • interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the principal offices of the Bank in Dallas, Texas as indicated on page 12 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Bond Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. 0044016 -2- "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor, City Secretary, City Manager or Finance Director, any one or more of said officials, and delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency., or political subdivision of a government. "Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4 . 06 hereof and the Resolution) . "Redemption Date" when used with respect to any Bond to be redeemed means the date fixed for such redemption-pursuant to the terms of the Bond Resolution. "Responsible Officer" when used with respect to the Bank means the Chairman 'or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities. 0044016 -3- "Stated Maturity" means the date specified in the Bond Resolution the principal of a Security is scheduled to be due and payable. Section 2 . 02 . Other Definitions. The terms "Bank, " "Issuer, " and "Securities (Security) " have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE • PAYING AGENT Section 3 . 01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the Record Date. All payments of principal and/or interest on the Securities to the registered owners shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the fidicuary account provided in Section 5. 05 hereof, sent by United States mail, first class, postage prepaid, to the address appearing on the Security Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3 . 02 . Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities at the dates specified in the Bond Resolution. 0044016 -4- ARTICLE FOUR REGISTRAR Section 4 . 01 . Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re-registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. Section 4 . 02 . Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other governments or corporations 0044016 -5- for which it serves as registrar, or that is maintained for its own securities . Section 4 . 03 . Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank's general practices and. procedures in effect from time to time.. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable. time. Section 4 . 04 . List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to . the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. Section 4 . 05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4 . 06. Mutilated, Destroyed, Lost or Stolen Securi- ties. The Issuer hereby instructs the Bank, subject to the provisions of Section 11 of the Bond Resolution, to deliver and issue Securities in exchange for or in lieu of mutilated, 0044016 -6- 9a - 7 destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed, lost or stolen Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4 . 07 . Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3 . 01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4 . 01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4 . 06. ARTICLE FIVE THE BANK Section 5. 01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5 . 02 . Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial 0044016 -7- • liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5 . 03 . Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsiblity for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5. 04 . May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. 0044016 -8- Section 5 . 05 . Moneys Held by Bank - Fiduciary Account/ Collateralization. A fiduciary account shall at all times be kept and maintained by the Bank for the receipt, safekeeping and disbursement of moneys received from the Issuer hereunder for the payment of the Securities, and money deposited to the credit of such account until paid to the Holders of the Securities shall be continuously collaterialized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for fiduciary accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such trust account shall be made by check drawn on such trust account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment. The Bank shall be under no liability for interest on any money received by it hereunder. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the .principal, premium (if any) ,. or interest on any Security and remaining unclaimed for four years after final maturity of the Security has become due and payable will be paid by the Bank to the Issuer, and the Holder of such Security shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. Section 5 . 06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5. 07 . Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6. 03 of this Agreement shall constitute adequate 0044016 -9- service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. Section 5. 08 . DT Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements" , effective August 1, 1987, which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements• for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6 . 01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6. 02 . Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6 . 03 . Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on page 12 . Section 6. 04 . Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6. 05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. 0044016 -10- 94. — / Section 6 . 06 . Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6. 07 . Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6 . 08 . Entire Agreement. This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution, the Bond Resolution shall govern. Section 6. 09 . Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6. 10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof) , together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. 0044016 -11- The provisions of Section 1. 02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Section. 6. 11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. AMERITRUST TEXAS NATIONAL ASSOCIATION • BY Title: [SEAL] Attest: Mailing Address: Title: Debt Administration Division P. 0. Box 2320 Dallas, Texas 75221-2320 Delivery Address: Debt Administration Division 1201 Elm Street, 30th Floor Dallas, Texas 75201 CITY OF SOUTHLAKE, TEXAS BY Mayor -(CITY SEAL) Address: 667 N. Carroll Avenue Attest: Southlake, Texas 76092 City Secretary 0044016 -12- ??t, — /3 EXHibi t PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of October 6, 1992 (this "Agreement") , by and between the City of Southlake, Texas (the "Issuer") , and Ameritrust Texas National Association, a banking association duly organized and existing under the laws of the United States of America, (the "Bank") . RECITALS WHEREAS, the Issuer has duly authorized and provided for the issuance of its "City of Southlake, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 1992A" (the "Securities") in the aggregate principal amount of $1, 300, 000, such Securities to be issued in fully registered form only as to the payment of principal and interest thereon; and WHEREAS, the Securities are scheduled to be delivered to the initial purchasers thereof on or about November 10, 1992; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS,, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1. 01. Appointment. • The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities, and, as Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any) , and interest on the Securities as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Bond Resolution" (hereinafter defined) . The Issuer hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the 0044014 ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the "Bond Resolution" . The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. Section 1. 02 . Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A 'attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel) . ARTICLE TWO DEFINITIONS Section 2 . 01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the principal offices of the Bank in Dallas, Texas as indicated on page 12 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Bond Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. 0044014 -2- "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor, City Secretary, City Manager or Finance Director, any one or more of said officials, and delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. "Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for , the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4 . 06 hereof and the Resolution) . "Redemption Date" when used with respect to any Bond to be redeemed means the date fixed for such redemption pursuant to the terms of the Bond Resolution. "Responsible Officer" when used with respect to the Bank means the Chairman or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities. 0044014 -3- "Stated Maturity" means the date specified in the Bond Resolution the principal of a Security is scheduled to be due and payable. Section 2 . 02 . Other Definitions. The terms "Bank, " "Issuer, " and "Securities (Security) " have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE • PAYING AGENT Section 3 .01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the Record Date. All payments of principal and/or interest on the Securities to the registered owners shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the fidicuary account provided in Section 5. 05 hereof, sent by United States mail, first class, postage prepaid, to the address appearing on the Security Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3 . 02 . Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities at the dates specified in the Bond Resolution. 0044014 -4- - i 7 ARTICLE FOUR REGISTRAR Section 4 . 01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All transfers, exchanges and replacement bf Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. • The Bank may request any supporting documentation it feels necessary to effect a re-registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. Section 4 . 02 . Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other governments or corporations 0044014 -5- for which it serves as registrar, or that is maintained for its own securities. Section 4 . 03 . Form of Security Resister. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank's general practices.,.and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable' time. Section 4 . 04. List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. Section 4 . 05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4 . 06. Mutilated, Destroyed, Lost or Stolen Securi- ties. The Issuer hereby instructs the Bank, subject to the provisions of Section 24 of the Bond Resolution, to deliver and issue Securities in exchange for or in lieu of mutilated, 0044014 -6- destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed, lost or stolen Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4. 07 . Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3 .01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4 . 01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06. ARTICLE FIVE THE BANK Section 5. 01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5. 02 . Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial 0044014 -7- �c -2o liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or. any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5 . 03 . Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsiblity for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5. 04 . May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. 0044014 -8- Section 5 . 05 . Moneys Held by Bank - Fiduciary Account/ Collateralization. A fiduciary account shall at all times be kept and maintained by the Bank for the receipt, safekeeping and disbursement of moneys received from the Issuer hereunder for the payment of the Securities, and money deposited to the credit of such account until paid to the Holders of the Securities shall be continuously collaterialized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for fiduciary accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such trust account shall be made by check drawn on such trust account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment. The Bank shall be under no liability for interest on any money received by it hereunder. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the principal, premium (if any) , or interest on any Security and remaining unclaimed for four years after final maturity of the, Security has become due and payable will be paid by the Bank to the Issuer, and the Holder of such Security shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. Section 5 . 06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5. 07 . Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6. 03 of this Agreement shall constitute adequate 0044014 -9- service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. Section 5. 08 . DT Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements" , effective August 1, 1987 , which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements• for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6. 01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6. 02 . Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6. 03 . Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on page 12 . Section 6. 04 . Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6. 05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. 0044014 -10- ? c— "2 3 • Section 6 . 06 . Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6 . 07 . Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6. 08 . Entire Agreement. This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution, the Bond Resolution shall govern. Section 6. 09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6. 10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof) , together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. 0044014 -11- The provisions of Section 1. 02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Section 6. 11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. AMERITRUST TEXAS NATIONAL ASSOCIATION BY Title: [SEAL] Attest: Mailing Address: Title: Debt Administration Division P. O. Box 2320 Dallas, Texas 75221-2320 Delivery Address: Debt Administration Division 1201 Elm Street, 30th Floor Dallas, Texas 75201 CITY OF SOUTHLAKE, TEXAS BY Mayor (CITY SEAL) Address: 667 N. Carroll Avenue Attest: Southlake, Texas '7,6092 City Secretary 0044014 -12- City of Southlake,Texas CITY MANAGER MEMORANDUM 1 ! September 29, 1992 TO: Curtis E. Hawk, City- Manager FROM: Michael H. Barnes, P.E. Director of Public Works SUBJECT: WASTEWATER FEES • Attached is Resolution No. 92-40, adopting fees for the recently approved Wastewater Ordinance. These fees will become effective on the passage of this resolution. The resolution states that whenever an individual or corporation requires the issuance of a wastewater permit, the cost of the application and issuance of the permit will be $250 and all other costs will be the actual cost of TRA fees (see Exhibit A) , plus 10% to cover administrative costs. Please place this item on the Council's next agenda. If you have any questions, please contact me. Me MHB/lc Attachment: Resolution No. 92-40 TRA Fee Schedule i ip tm twsiewa f« 9/6-- / J. • ZSoz UTION NO. 7 2•70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING FEES FOR PERMITS, LABORATORY ANALYSES, INDUSTRIAL INSPECTIONS, AND INDUSTRIAL SAMPLING UNDER THE SOUTHLAKE WASTEWATER ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city council adopted Ordinance No. 567 on September 15, 1992, regulating the discharge of wastes into the sanitary sewer of the city; and WHEREAS, Section 6 of Ordinance No. 567, the Southlake Wastewater Ordinance, provides that the city council will approve a schedule of fees to be charged by the city for the costs of implementation of the ordinance: and WHEREAS, the city has received a schedule of fees for technical services provided to customer cities by the Trinity River Authority; and WHEREAS , the city will obtain many of the necessary regulatory services from the Trinity River Authority: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That in accordance with Section 6 of the Southlake Wastewater Ordinance, the city council approves the following fees: Application and Issuance of Wastewater Discharge Permit $250 Laboratory Analysis, Fees listed on EXHIBIT Industrial Inspections, A as established by the and Industrial Sampling Trinity River Authority Reviewing Accidental Discharge Procedures and Construction; Corrective Actions Taken by City to Mitigate or Halt Discharges in Violation of the Wastewater Ordinance; Monitoring User's who Have Been in Violation Actual cost to the City Section 2. When the regulatory services listed above are Performed by the Trinity River Authority, a ten percent administrative charge shall be added to the fee, 1 Section 3. That this resolution shall take effect immediately upon its passage, and it is so resolved. PASSED AND APPROVED this the day of 1992. CITY OF SOOTHLAKF, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary 2 p4- s } EXHIBIT A Trinity River Authority of Texas Central Regional Wastewater System TECHNICAL SERVICES FEE SCHEDULE FOR LABORATORY ANALYSES INDUSTRIAL INSPECTIONS AND INDUSTRIAL SAMPLING FISCAL YEAR 1 9 9 2 P.O. Box 531196 Grand Prairie,Texas 75053 . (214) Metro 263-2251 H E M 1 C A L AID A LAC S E S ER Alkalinity, Total S 5.25 pH S 3.00 Alkalinity, Phenolphthalein S 4.75 pH Sediment S 5.45 Bicarbonate S 4.75 Phenols: Carbonate S 4.75 High Level S 32.00 Biochemical Oxygen Demand (BOD5) S 13.00 Low Level S 53.00 Biochemical Oxygen Demand (C-BODS) S 13.50 Phosphorus: Biochemical Oxygen Demand (C-BOD20) S 14.50 Ortho S 6.00 Biochemical Oxygen Demand (B0020) S 14.50 Total S 9.00 Biochemical Oxygen Demand (BOD-7) S 15.00 Solids: Chemical Oxygen Demand S 8.00 Total (TS) $ 4.40 Chloride S 5.25 Iotal Dissolved (IDS) S 8.00 Chromium Hexavalent S 10.80 Total Suspended (TSS) S 7.30 Conductance, Specific S 3.50 Volatile Suspended (VSS) After TSS S 4.00 Conductance, Diluted S 6.00 Sulfate S 12.00 Cyanide S 28.00 Sulfide S 5.00 Cyanide (Amendable to Chlorination) S 32.00 Surfactants - MBAS S 27.00 Fluoride, Dissolved S 9.50 Total Petroleum Hydrocarbons S 45.00 Fluoride, Total S 9.00 Iotal Organic Carbon S 11.75 Hardness S 6.00 Turbidity $ 2.75 Ignitability (Pensky-Martens Closed Cup) S 30.00 Nitrogen: SEDIMENT Ammonia S 6.20 Kjeldahl, Total S 15.00 Chemical Oxygen Demand S 23.75 Nitrate S 6.00 Cyanide S 30.00 Nitrite S 6.00 Nitrogen, Kjeldahl, Total S 18.00 Organic S 32.00 Oil and Grease S 24.00 Oil and Grease , S 26.00 Phosphorus, Total $ 11.00 Solids, Total Volatile S 8.45 Total Petroleum Hydrocarbons $ 40.00 ? FAA METAL ANALYSES _ . 5 0 EACH PRIORITY POLLUTANT METALS S 1 2 4 . 6 0 TOTAL Antimony Iron Thallium Barium Lead Tin Antimony Mercury Beryllium Manganese Uranium Arsenic Nickel Cadmium Molybdenum Vanadium Beryllium Selenium Chromium Nickel Zinc Cadmium Silver Cobalt Silver Chromium Thallium Copper Tellurium Copper Zinc Lead S 7 . 0 0 EACH • SAMPLE PREPARATION Aluminum Potassium Boron Silica Sediment and Oils S 15.00 Calcium Sodium EP Toxicity Leachate S 60.00 Magnesium TCLP Ioxicity Leachate S 75.00 TWC Leachate S 34.00 $ 1 3 . 5 0 EACH Arsenic Selenium Lead - Low Level Copper - Low Level Cadmium - Low Level Chromium Hexavalent - Low Level Thallium - Low Level S 1 2 . 6 0 EACH cury GAS CH OmA rOGR A PHY A !Y A ! YSES 9 ! OR ! 7Y Pr, i C.C7ArrS / GC IW51 ? = 57 : CrD = S • PC9 ' 5 o:stiles Quoted Cron Chlorinated Hydrocarbons, S 30.00 Use Neutrals Request vr3s ioocosphace Pesticides. and - - .-• Acid Ext ac;ib lea Po lych/a_inated 3iphenyLs (Sample ?rsticides/?C3's preparation. extraction, and clew: up per sample) r R G a ti . C ' GC ADD for Chlorinated Hydrocarbon '2S 45.00 v d r a a . b a • So (Confirmation and quantification per sample) General Hydrocarbon/SoLvent S105.00 ADD far Or3anosphosphats Pesticide S 47.00 Scan (VOA) (Ore co L.t): (Cana t:T acian and quaneif icaeian *Five or less components; per sample) including quantification ADD for ?olychlorinaced 3iphenyLs (P:3)- S 47.00 General ivdrocarbonlSolvent S160.00 later (Confirmation and quantification Scan (v0A) (rue colu=t); per sample) Five or Less components; ADD for ?C3 - Oil (Confirmation and S 32.00 including quantification quantification per sample) volatile Organic Constituents S 5d.00 PA =egulated - method 601/602) TR t A ►_ OMETHA YES *Add fifteen dollars (S 15) for each extra component Trihalomechanes S 44.R0 scanned and quantified HER 3 r C r 0 E 5 SAMPLE ? R E P A R A r r C Chlorinated Phenoxy Acid S11.5.00 ADD for Special Treatment/Peer Sample S 15.00 Herbicides (Confirmed and (Sediment. Oil) quantified) ADD for Special Treatment/Per Sample S 53.00 (` :oxicicy Leachate) ADD for Special Treatment/Per Sample S 7d.75 (TCL? Toxicity Leachate) 5 P E C t A L AMA L Y S F S T C C P / E P r o r c r t y ? R t O R t r v_ POPCUTANTS Laachate Extraction Procedure S 78.75 Cyanides S 13.50 Metals: Arsenic, 3arium, Cadmium Metals S123.10 Chromium, Lead. Mercury, Selenium Organics gt.=te Silver S 34.45 Organics: Endrin; Lindane; Methoxrchiar; Toxaphene; 2, 4. 0; 2. 4, 5-r? Silvex 5250.00 M i C R 0 3 r 0 . 0 G t CAC A v A L Y S e S CtlarcptyLl "a" S 7.70 Chlorophyll "a" and ?hecphy•in "a" S 7.70 Califon, Fecal (!'_') S 3.00 C.aLiform, 'focal (< ) S 7.50 -Lifcrms, Total (MO/MUG) S 7.50 `ticroscopic General Examination S 9.00 ticrotax, 3acrerial 3ioassay S 43.50 Stectococcus, Fecal (MF) S 3.00 etc amravhic ?late Count S 3.15 INDUSTRIAL PRETREATMENT SERVICES DUSTRIAL SAMPLING INDUSTRIAL INSPECTION osite Sample S 60.00 Inspection/On Site $ 70.00 Additional Composite Sample S 18.00 Grab Sample S 30.00 Additional Grab Sample S 7.00 - Permit Application Review - Installation of Automatic Composite Samplers - Chemical Inventory Review - Grab Sampling - Verification of Application Data - Delivery to TRA Laboratory - Consultation with Industries on Industrial - Field Testing Available Pretreatment - Sample Preservation - Proper Chain of Custody GENERAL SERVICE INFORMATION 1. Effective Date:. December 1, 1991, all prices listed are per sample and subject to review. 2. All analyses are run in accordance with "Standard Methods for the Examination of Water and Wastewater," 16th Edition, 1985 and/or EPA "Manual of Methods for Chemical Analysis of Water and Wastes," 1983 and the 3rd Edition of Solid Waste Manual SW 846. 3. IRA will add a 10'% charge, at the same rate as submitted laboratory samples, on the monthly billing to maintain the normal quality assurance program. 4. Priority laboratory samples finished within 50% of the normal time will be billed at one and one-half times the routine rate. Emergency samples run immediately or ASAP will be billed at two times the routine rate. 5. Sample preparations, if required, are urged additionally as listed. 6. Sample containers, preservatives, and supplies will be provided upon request at a reasonable charge. Bacte- riological sampling supplies are included in the cost of the analyses. - Samples* should be delivered to the laboratory before 4:30 p.m. on weekdays. Samples cannot be accepted on weekends or holidays unless special arrangements are made in advance. *(Bacteriological samples should be delivered prior to 2:00 p.m. unless special arrangements are made in advance. After-hour samples may be left in cold storage vault with analyses request form.) 8. Average completion time for standard tests is two weeks with the analyses results normally mailed within two days of completion. Billing statements for completed monthly analyses are mailed by the 15th of the following month. 9. Laboratory hours are weekdays 7:00 a.m. to 10:00 p.m. and weekends 8:00 a.m. to 4:00 p.m. • 10. Engineering and Pretreatment office hours are Monday through Friday 8:00 a.m. to 5:00 p.m. For after-hour emergencies, leave message with computer operator. 11. Engineering services are requested to be scheduled a minimum of 72 hours in advance. FOR MORE INFORMATION , CONTACT : METRO: (214)263-2251 FAX: (214)264-1382 Patricia Cleveland Manager, Technical Services Bill Cyrus Randy McIntyre Robert J. Roth Ellen Ward, Quality Laboratory Division Chief Pretreatment Coordinator Technical Services Engineer Assurance Coordinator City of Southlake, Texas RESOLUTION NO. 92-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, OPPOSING THE CONSTRUCTION OF A MUNICIPAL SOLID WASTE MANAGEMENT FACILITY BY SENTRY ENVIRONMENTAL, L.P. ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sentry Environmental. L.P. has applied for a permit to construct a Municipal Solid Waste Management Facility (No. MSW2171) to landfill municipal solid waste, special waste and various types of nonhazardous industrial waste; and • i WHEREAS, the site is to be east of Justin, 1. 9 miles west of the intersection of Interstate Highway 35-West and Farm to Market Road 407 in Denton County, Texas; and WHEREAS, the site is located in the Denton Creek Watershed from which the impounded Lake Grapevine receives its water; and WHEREAS, the Cities of Grapevine, Dallas, and Park Cities possess the water rights in Lake Grapevine to be used for municipal potable water and any degradation to the watershed would result in a reduced raw water quality source and potentially endanger public health; and WHEREAS, the entire Metroplex, including the Citizens of Southlake, utilizes Lake Grapevine for recreational purposes and location of the proposed landfill could render the lake unsuitable for water based recreation; and WHEREAS, Lake Grapevine is the northern boundary of the City of Southlake and the location of the proposed landfill could render the lake unsuitable for future park facilities for the Citizens of Southlake; and WHEREAS, the Safe Drinking Water Act and Clean Water Act mandate standards for water quality, and the City of Grapevine intends to hold the permittee (Sentry Environmental, L.P. ) responsible for maintaining existing water quality conditions in the Denton Creek Watershed; and, WHEREAS, the City of Southlake opposes the proposed landfill location for the reasons stated herein; • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That the City Council of the City of Southlake opposes the Permit Application (No. MSW2171) of Sentry ` `r Environmental, L.P. for a Municipal Solid Waste Management Facility located near Justin, Texas in Denton County in the Denton Creek Watershed. Section 2 . That this resolution shall be effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS on this the day of 1992 . APPROVED: Mayor, Gary Fickes ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney 17:aaResionara Cf �i r.," i IIIN DIUST,Fort Worth Star-Telegram i Thursday.October L 1992 • Grapn evie taking critical look at plan for Northlake landfill pass a resolution next week Ten cities are alread y opposing the landfill. fighting the giant "We need a landfill, but it's ro ect.Now questions perilously dOSe to Denton Creek," P 4 said Councilman Jerry Pittman. are being raised about The creek feeds Lake Grapevine, its effect on a reservoir. . which supplies halfthe city's water. "Who's to say that Denton Creek, gy.RiCHwxD A.OPPELJx - over a period of 100 years, might Sur-leftism not change direction four or five Fort W times?"Pittman said. GRAPEVINE—For two years, Sentry Environmental of Dallas residents and city leaders in small has asked the Texas Water towns near the Tarrant-Denton Commission for a permit to build • county line have fought plans to the landfill,which would eventually build a landfill on 352 acres near rise 12 stories.Six days a week,80 Northlake. trucks would bring 750 tons of and it becomes like a dominoeffect. Now,Grapevine officials—who refuse to the site,which is about two "We've gone from Northlake all fear that the landfill could someday miles from the intersection of Farm D u mp the way to Flower Mound,"he said. foul the waters that feed Lake Road 407 and Interstate 35W,said "Hopefully, it will stop before we Grapevine — are taking a critical Wayne Huddleston, project From Page 17 get to the Atlantic Ocean.";='1 look at the project. Council Huddleston also sail his members say they will probably More on DUMP on Page 22) manager for Sentry Environmental. company hasn't been able tatalk to The daily tonnage would increase local government officials;about about 6 percent annually during the how the landfill could :,benefit landfrll's33-year life span,he said. municipalities through taxes and In January, a hearing examiner fees. "We've never ever gotten the for the Water Commission will opportunity to get that far,"hssaid. listen to testimony from Sentry Unlike the 10 cities and,bthers• officials and opponents of the that will oppose the projectj'at the project. The examiner will hearing, Grapevine for nal does recommend to the commission not plan to appear before the whether to approve the landfill,and commission or take any legal action the commission will make the final that could affect the landfill's decision. construction. Ten cities — including Trophy "We've talked about•all!those Club, Roanoke and Haslet — will aspects and we're not planning to do fight the project during next year's that presently,"Pittman said.: hearings, said Argyle Mayor But city officials say they will Yvonne A. Jenkins, whose town watch carefully to make sure there's also opposes the project. no chance that,if built,the landfill "The tax base has been falling for would hurt the supply of.water to • - the last two or three years due to the Lake Grapevine.Testimony on the economy,"Jenkins said."We don't how the landfill would affect the need another blow." environment will come in January . Jenkins said garbage trucks before the hearing examiner. traveling to the landfill would make "We don't know what's going to FM 407 unbearable for motorists. happen 30 to 40-to 50 years from "It's going to ruin what highway we now,"said Councilwoman Sharron have there,"she said. Spencer."We have to look at the big The town of Northlake tried to picture and say, what if this thing annex the landfill property and stop leaks?" the project,but Sentry sued the city Not everyone in the area Opposes and won, Huddleston said. The the project. Ken Hulstein, the appeal should be heard in February, mayor of nearby Corral City, said he said. that he was afraid of the landfill at Huddleston said officials in many first, but that after listening to of the cities opposing the project Sentry officials he decided it was don't understand the safe and needed. environmental safeguards the landfill would have. However. he says, some people "What you're seeing with haven't taken kindly to that point of Grapevine is what I call peer view. pressure," Huddleston said. "My lien holder said she has had "What's happening is you have all multiple people come to her and say these smaller communities that to put pressure on me because rm have passed resolutions against us forthe landfill,"Hulstein said. City of Southlake,Texas RESOLUTION NO. 92-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING A TAX ABATEMENT AND INCENTIVE POLICY STATEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake feels it would be in the best interest of the citizens of Southlake to adopt a policy statement in regards to Tax Abatements and other incentives for commercial development; now • NOW THEREFORE, be it resolved by the City Council of the City of Southlake, that: The City of Southlake is committed to the development of high quality commercial growth. The City will on a case by case basis consider granting incentives to stimulate economic growth. Southlake would be interested in considering tax abatements or other incentives based on the increased value added to a specific site by a specific development proposal that meets the City's goals. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, on this the day of 1992 . APPROVED: Mayor,; Gary Fickes ATTEST: Sandra L. LeGrand City Secretary • APPROVED AS TO LEGAL FORM: Attorney at Law City of Southlake,Texas MEMORANDUM Ca � . jM ANAGER September 29, 1992 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Fire Bay Expansion On Tuesday, September 22, 1992, Roy J. Millican, Superintendent . for Tom S. Stephens, Inc . approached Director Williams on some beams and bar joists for the second floor of the Fire Bay. I contacted Deputy Mayor Pro tem Farrier and Councilman O'Brien as to their opinion on prices of metal and installation. Both gentlemen are familiar with this type of construction and felt that while the installation price seemed a little high for the company being on-site, the price of the metal was certainly within reason. Both Councilmen support the purchase and installation, providing funds are available within the budget. Director Williams drew the required amount from three existing account codes that are currently in the black in order to make this purchase. . After contacting you for approval, it is requested that a change order be given to the Tom Stephens Company for the installation at the proposed amount. . I am available for any questions or comments that you might have. BC/mr ' .. wp\Memo\FireBay2 .Exp _. /DQ -/ TOM S. STEPHENS, 1NC0MiNIMMININI 4 P.O.BOX 165160 0 FORT WORTH.TEXAS 78161 2501 GRAVEL DRIVE 326 FORT woRTH,TEXAS 76116 817/589-0898 0? FAX at7159Swo September 18, 1992 - City of Southlake Mr. Jerry Williams 667 North Carroll Avenue Southlake, Texas 76092 Dear Mr. Williams: • PROPOSAL/CONTRACT. We propose to furnish materials and labor to build a mezzanine deck approximately 20 x 30 in your building that is being erected at this time. The material to be used is not new, but is of good quality and the finished product will be inspected by our Engineer. . . . We will furnish beams, bar joists, and pipe columns if needed. We will also furnish bridging and edge angle. . No floor material is furnished in this price. FOR THE SUM OF $3,796.00 Accepted by_ Date _ ALTERNATE NO. 1. We propose to furnish 60 lineal feet of beams for the mezzanine and 20 :iniS:cr• feria_ a"' T11in :T�,^,i;1'7.,.^ .,�^te-'a' � e' :ery ♦v site only. FOR THE SUM OF $1,200.00 Please call if you have any questions. Sincerely, Tom S. Stephens, Incorporated . . Superuitendent. r.... /&1 1 ' r FIELDING , BARRETT TEL : 817-560-3953 Sep 30 ,92 16 :26 No .025 P.0' DRAFT ORDINANCE NO. AN ORDINANCE PROHIBITING OVERNIGHT CAMPING IN THE CITY OF SOUTIH.AKF.; RESTRICTING THE PARKING OF RECREATIONAL VEHICLES ON RESIDENTIAL LOTS IN THE CTI Y OF SOUTH LAKE, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVENIGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake has determined that 0 unregulated overnight camping within the corporate limits of the City imposes a safety burden on the City, constitutes a health hazard, adversely affects the aesthetics of the City and constitutes a nuisance to residences and businesses operating in the City; and WHEREAS, the City Council therefore deems it necessary to adopt this ordinance regulating camping within the City as provided herein. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Or THE CITY OF SOUTHI.AKE, TEXAS: SECTION 1 The following words and phrases shall have the definitions ascribed to them below: 1. "Camping" shall mean the use by persons of public or private property for • the specific purpose of setting-up and maintaining temporary living quarters or shelters, either by use of camping gear (such as tents, portable grills, sleeping bags, cots, lanterns, etc.) or by the parking of recreational vehicles. 2. "City" shall mean the City of Southlake. xi bketrAcampinb ocd Page 1 FIELDING . BARRETT TEL : 817-550-3953 Sep 30 .92 16 :25 No .025 P.03 3. "Recreational vehicles" shall include, but are not limited to, vans, trucks, •trailers, buses, motor homes or other vehicles commonly used fur camping purposes. SECTION 2 It shall be unlawful for any person to camp on any public or private property within any nonresidential zoning district in the corporate limits of the City unless such property is properly designated as a recreational campsite or campground in an appropriate zoning district of the City. SECTION 3 It shall be unlawful for any person to occupy a recreational vehicle parked within any residential zoning district in the City for the purpose of utilizing same as living quarters or office space. The connection of any utilities to a recreational vehicle parked on any residential Iot shall constitute prima facie evidence that said recreational vehicle is being utilized as living quarters or office space. SECITON 4 Any camp or recreational vehicle maintained or used in violation of this ordinance is, hereby declared to be a nuisance and may be abated by the City. In addition to the criminal penalties provided in this ordinance, the City may pursue civil enforcement remedies against any nuisance defined herein. SECTION 3 This ordinance shall, be cumulative of all provisions of ordinances of the City of Southiake, 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. stakcI.Itiampinrord Page 2 0 //a,- oZ FIELDING, BARRETT TEL : 817-550-3953 Sep 30 ,92 16 :25 No .025 P .0= 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 arc severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 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 he 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. SECI1ON S All rights and remedies of the City of Southlake are expressly saved as to any and all violations of any other ordinances affecting health and/or safety 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. SJCT1ON 9 The City Secretary of the City of Southiake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time 5 lair eT1\campingicd Page 3 /lam - 3 FIELDING, BARRETT TEL : 817-550-3953 Sep 30 ,92 15:25 No .025 P.05 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 shalt additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southiake. 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 ON TRIS DAY OF , 1992. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1992. MAYOR ATTEST: CITY SECRETARY ststiceTncampingbed / Page 4 FIELDING, BARRETT TEL: 817-560-3953 Sep 30 .92 16 :25 No .025 P.06 APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: slaYetcanpiag1 rd Page 5 //c _ 5 -T City of SouthiaKe. Texas rtrry 1,1 ;� �.J �c.iD ain September 28 , 1992 TO: Curtis E . Hawk, City Manager FROM: Billy Campbell, ' Director, Department of Public Safety SUBJECT: Wrecker Service and Contract In 1973 the City of Southlake enacted a wrecker ordinance. The ordinance is pretty generic for the time that it was passed. The wrecker system needs to be updated and it is my recommendation 1 that we discontinue the practice of utilizing tax dollars to subsidize private entities, (example; rotation list) and contract with a single vendor. • The single vendor service will provide guaranteed pick up of vehicles, centralized storage, accurate and timely reporting per vehicle. It will provide a service of which Department of Public Safety vehicles will be addressed when they become disabled in the area at any time of the day or night. It will also guarantee when the citizens ' vehicles are towed by an agent acting in the City's .behalf that a reasonable and consistent fee is charged. It is recommended that this contract run for 18 months and the enclosed attachments are a recommendation 'of the specifications for wrecker service and storage of City impounded vehicles . In that this is a recommendation, input is certainly encouraged. If we elect to contract for wrecker service, we would repeal City Ordinance #205, enact an ordinance for a franchise wrecker service agreement, advertise all bid specifications and award the bid to a contractor. The bid would be awarded on the availability of the equipment as specified and the lower charges to the public . The City would derive no money from those charges . This contract does not have a franchise fee included, but that may be a consideration of the Council when adopting the new ordinance. The City attorney can address the ordinance with basic rhetoric to include the franchise fee as requested by the City and the bid specifications contained in the contract. A section of the ordinance should be included to address non- consent tows . An example of this would be automobile repossession companies and wrecker companies that other businesses within the confines of the Southlake city limits would contract with to remove vehicles; i.e., 7-11 towing cars on their lot through non-police functions, etc. We would request a permit and licensing fee with background checks and wrecker inspections in order to tow. // _/ a Memorandum - Curtis E . Hawk Wrecker Service Contract September 28, 1992 Page 2 The ordinance should also have a provision that would address declared emergency situations by the Department of Public Safety which would require an excessive amount of towing service not able to be provided through contract which would give the Department the authority to call in other Southlake Department of Public Safety permitted wreckers to assist in the emergency. I am available for any questions or comments that you might have.. BC/mr Attachments wp\Memo\WrekrSrv.Con DRAFT CITY OF SOUT: AKE, TEXAS SPECIFICATIONS WRECKER SERVICE AND STORAGE OF CITY IMPOUNDED VEHICLES I . PURPOSE The operator will provide vehicle wrecker service within the City of Southlake as needed and required by the Department of Public Safety and is to operate and maintain a storage place for impounded vehicles. II . DISPATCH OF VEHICLES The operator shall dispatch vehicles at the direction of the Department of Public Safety to remove any and all vehicles within the incorporated limits of the City. III. MINIMUM REQUIREMENTS The following are the minimum requirements for equipment and personnel as established by the City of Southlake A. Equipment: For Immediate Availability Upon Request Two ( 2) one-ton wreckers with minimum hauling and lift capacity equal to that necessary for towing and/or righting all passenger automobiles and pickups . To Be Available Within 30 Minutes of Request Two ( 2) wreckers of at least five-tons with minimum hauling and lift capacity equal to that necessary for towing and/or righting larger vehicles such as tractor-trailers, etc . NOTE: All wreckers must meet applicable OSHA and other federal and state requirements . B. Communications All immediately available wreckers must be equipped with two-way communications for receiving and transmitting messages to the Department of Public Safety Communications Center or a field unit . Communications shall be maintained at all Page 2 times in the operator's DrinciDal office to receive wrecker requests from the Police Services Dispatcher. C . Miscellaneous Equipment All wreckers must be equipped with a shovel, broom, bucket, flares , fire extinguisher, chains and snatch blocks . D. Personnel : Immediate Availability Driver with wrecker shall be available within fifteen ( 15 ) minutes and there shall be available at all times a caretaker for the storage facility. E. Storage Facility Operator should provide at operator's sole expense, a storage facility meeting all applicable City of Southlake zoning and related requirements, within the corporate limits of the City of Southlake, unless otherwise stated. Such storage facility shall be fully enclosed by fence for security purposes and shall be large enough to accommodate at any time no less than fifty (50) City impounded vehicles. Such storage facility shall have available at all times a caretaker who shall have the authority to release impounded vehicles . IV. IMPOUNDMENT AND RELEASE Operator shall keep and maintain, without expense to the City of Southlake, all vehicles moved to operator's storage facility upon the direction of personnel of the City of Southlake ' s Department of Public Safety. Such vehicles and their contents shall be maintained in a safe and secure manner and no vehicle so impounded nor its contents , shall be released to any person save upon written authorization issued by the Department of Public Safety on a form to be prescribed for such purpose. Such vehicles so impounded and their contents shall be available for release at all times upon presentation of the appropriate Department of Public Safety authorization form and the payment of applicable fees as hereinafter provided. Page 3 V. CHARGES AND FEES The following schedule of fees shall remain in force and effect until changes as hereinafter provided: Towing charges from any point within the City of Southlake to operator's storage facility or another point within the City of Southlake: Passenger automobiles and pickups up to 3/4 ton $ Pickups of 1-ton and greater and other vehicles up to 3-tons $ Vehicles in excess of 3-tons $ Charae for righting overturned vehicle: Passenger automobile and pickups up to 3/4 ton $ Pickups of 1-ton or greater and other vehicles $ Charge for disconnecting drive shaft (per vehicle) $ Charge for use of dolly (per vehicle) . . . $ Charge for changing tires (per tire, passenger and pickups) $ Storage rate at operator's storage facility (rate per calendar day) $ Operator is responsible for sending registered letters to owners - and lienholders . Administration fee $ Maximum rate, one-time impound fee . . . . . $ Operator's rates established hereby shall be conspicuously posted at operator's storage facility. Page 4 Such rates shall remain in effect throughout the term hereof unless changed with the written consent of the City Manager of the City of Southlake. Operator shall provide pick up and towing of disabled Southlake Department of Public Safety vehicles within Tarrant, Dallas and Denton Counties at no charge to the City. VI . SALE OF ABANDONED VEHICLES Any vehicle removed and impounded under the provisions of the contract executed pursuant to these specifications may be sold at public sale under the provisions of State law and City of Southlake Ordinances and the proceeds of such sale shall first be applied to expenses of sale and then to the payment of charges and fees due the operator. However, all such sales shall be authorized and held only under the direction of the City and at the City's full discretion to sell or dispose of all such vehicles in accordance with applicable State laws and City of Southlake Ordinances, the only agreement of the City being to apply the proceeds, if any, to the accrued towing and storage charges due operator. VII . RECORDS AND REPORTS A. The operator shall prepare and maintain an up-to- date list, in duplicate, a copy of which shall be mailed to the City of Southlake monthly that shows the following: 1 . Date and time vehicle towed in. 2 . Make, model and year of vehicle. 3 . License number. 4 . VIN number . 5 . General description of vehicle and its condition upon being brought in with adequate notes as to any major defects or damages . 6 . An inventory of all loose personal property or articles in the vehicle when it is brought in to the City pound. These contents , if unclaimed at any time vehicle is sold at public auction, will remain with the vehicle. . r Page 5 7 . The operator will be held responsible for any 1. item that the vehicle owner or operator reports missing when the vehicle is being towed or stored. The operator will at time of pick up sign the Police Inventory Form. 8 . Calculation and payment of the administrative fee due the City of Southlake as hereinbefore provided. B. The operator also agrees to maintain a monthly list in addition to the above that includes the following: 1. Vehicles claimed by owners . 2. Vehicles held in excess of twenty (20) days from date of written notice are therefore ready for sale pursuant to City Ordinance and State law. 3 . The operator is prohibited from selling parts, dismantling vehicle or performing any work on private vehicles save and except for wreckers provided for dispatch and stand-by pursuant to these specifications . • C. The operator shall immediately, upon impounding the vehicle, place a City Pound identification number on the front windshield of each car. D. The operator shall notify the Department of Public Safety, on a form provided, all vehicles not pulled as "junk or abandoned" that remain impounded in excess of ten ( 10) days . E. The operator shall use a pre-printed receipt book for recording all receipts; the form and wording to be approved by the City and shall be consecutively numbered. F. The operator agrees to permit City officials to audit and inspect all records relative to the impoundment and towing of vehicles . G. All listings shall include license, registration and identification numbers, and make, model, year and body style. Page 6 VIII . LIABILITY - HOLD HARMLESS The operator hereby agrees to assume complete responsibility for any claim of property damage or bodily injury or any other type of damage, injury of liability which may directly or indirectly arise from the operator's performance under the terms of this agreement. The operator further agrees to hold harmless, release and defend the City from any and all claims of liability that directly or indirectly may arise under the terms of this contract. The operator further agrees to furnish to the City Secretary a certificate and copies of public liability insurance in the minimum amounts of $100, 000, 300, 000/50,000 and provide a certificate copy of insurance providing property damage and theft coverage upon all vehicles removed and impounded under the terms of the contract executed pursuant to these specifications and provide certificates showing the same type of liability coverage for the operation of the wreckers in compliance with the wrecker service portion of these specifications . IX. RESTRICTIONS Operation of a private wrecker service in connection with the service furnished to the City is permissible provided City calls would take priority over all other calls . X. TERMS OF CONTRACT The agreement shall be for a period of eighteen (18) months with the City retaining the option to extend the contract for an additional eighteen ( 18) months . This contract may be terminated by the City of Southlake for failure of operator to comply with the terms and conditions hereof upon written notice to operator specifying the failure of operator to comply herewith and operator's failure to remedy same within ten ( 10) days of receipt of same. Contract may not be assigned, sold or transferred in any manner. The City will deal exclusively with the named operator in the absence of a request from vehicle owners . This limitation shall not apply to emergency situations requiring special consideration. Page 7 For pulls outside of the city limits, not including storage pulls, the operator and owner shall agree on a price with the City not responsible for the supervision of this charge. ORDINANCE NO. AN ORDINANCE TO PROMOTE THE PUBLIC HEALTH BY ESTABLISHING PUBLIC SMOKING REGULATIONS; PROVIDING FOR DEFINITIONS; PROHIBITING SMOKING IN CERTAIN DESIGNATED AREAS AND PUBLIC PLACES; REGULATING SMOKING IN FOOD PRODUCTS ESTABLISHMENTS; REGULATING SMOKING IN THE WORKPLACE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a 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, there is a substantial body of evidence which concludes that the smoking of tobacco may be a danger to health and a health hazard to those who are present in confined spaces; and WHEREAS, it is the desire of the City Council of the City of Southlake, Texas, to provide for the regulation and prohibition of the smoking or burning of tobacco products within certain facilities, both private and public, within the City of Southlake, NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Definitions The following words and terms when used in this rt i.€x u ee,, unless otherwise defined within, shall be understood to mean: 1.1 "Employee" - means any person who is employed by any employer for direct or indirect monetary wages or profit. 1.2 "Employer" - means any person who employs the services of an individual person. 1.3 "Enclosed" - means closed in by a roof and walls with appropriate openings for ingress and egress, but does not include areas commonly described as public lobbies. 1.4 "Food Products Establishments" - means an operation that sells food for human consumption and includes restaurants of any kind, but does not include grocery stores. 1.5 "Health Care Facilities" - any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological and psychological conditions. 1.6 "Person" - shall include associations, firms, partnerships and corporations, as well as individuals or groups of individuals. 1.7 "Public place" - means any enclosed area to which the public is invited or in which the public is permitted, and includes, but is not limited to: stores, offices, theaters, and other commercial establishments, restaurants, public and private institutions of learning, health care facilities, nursing and convalescent homes, and all public governmental facilities, but does not include the officers or work areas of workplaces not entered by the public in the normal course of business. A private residence is not a public place. 1.8 "Smoking" - means the possession of, or emitting or exhaling the smoke of, burning tobacco, weed, or other plant product. (Th 1.9 "Workplace" - means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment. A private residence is not a place of employment. SECTION 2. General Provisions 2.1 The owner, operator, manager, employer, or other person having control of any area where smoking is to be prohibited shall post notice, as provided herein, in sufficient numbers and at such conspicuous locations, including entrances thereto, so as to be readily observable by a reasonably observant person and shall provide receptacles for the extinguishment of smoking materials within twenty feet (20') of the entrance to such area where smoking is to be prohibited as provided by this Artn,h, ne . 2.2 A sign prohibiting smoking shall be sufficient if it contains the words "no smoking, City of Southlake ordinance,"•the universal symbol••for no,smoking,..or other language,that clearly:_prohibits smoking,., # l 1 z u n# tf ril ntran l�ulld ng �.�1:::::':.�...4.E�v.�::::�t;L:<:.f�::i:►� ' :::<''�.''.�i� � • ��+• ..�4r.�A.'kL�:4.uR!;is:GFA;:.Y:`SA,•�,::::;VJt3it:; ........................... .......................... 2.3 Nothing in this Articic or Scctieir ordinance shall require the owner, operator, manager, employer, or other persons in control of any building, facility, room, establishment or structure to incur any expense to make structural or other physical slake\smoking.ord(100592) Page 2 modifications to comply with the terms and conditions of this Article and--Scztivn o The posting of signs or the equipping of any area with facilities for the . extinguishment of smoking materials shall not be construed to be infeasible structural changes. 2.4 Nothing in this ordinance shall be construed to permit smoking where it is otherwise prohibited by law or regulation. 2.5 Nothing in this ordinance shall be construed to preclude any owner or other person having authority to manage and control any public place or place of employment from prohibiting smoking to a greater extent than is provided by this ordinance. SECTION 3 Smoking Prohibited in Certain Designated Areas and Public Places 3.1 An owner, operator, manager, employer, or other person having control of any building or area within a building may designate all or any part of such building area thereof a "no smoking" area wherein smoking shall be prohibited upon compliance with the provisions of this Articleordinance and the posting of notice as herein required. 3.2 A person commits an offense if he or she smokes or possesses a burning tobacco, weed, or other plant product in any of the following indoor or enclosed areas: (a) an elevator used by the public; (b) any public place of any facility owned, operated or managed by the City, including but not limited•to any public meeting room, conference room, restroom or public service area; (c) any retail, or service establishment serving the general public including, but not limited to, any grocery store, drug store, department store, and the public places within financial institutions; (d) every publicly or privately owned theater, auditorium, or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, performing arts, museum displays, athletic event, or any other performance or event; (e) all areas which have been properly_ designated bythe owner ur:ea��trolli�� ? ligrgr as "nonsmoking" areas in accordance with Section 3.1 of this Ordinance; (f) any facility of a public primary or secondary school; slake\smoking.ord(100592) Page 3 (g) designated nonsmoking areas of food products establishments as set forth in \, Section 4 of this Ordinance;, (h) designated nonsmoking areas of workplaces as set forth in Section 5 of this Ordinance;, (i) health care facilities; provided that the owner or other person with authority to manage and control such facility may designate separate rooms, including in-patient sleeping quarters, or areas as places where smoking is permitted, using existing physical barriers and ventilation systems to the greatest extent possible to minimize the smoke in adjacent iiu-oilloking oligiolog areas. In no event shall smoking be permitted, in any health care facility corridor providing direct access to in-patient sleeping quarters; 3.3 The owner or person in control of an establishment or area described in section 3.2(c), 3.2(d) and 3.2(f) may designate an area with the establishment as a smoking area provided that: (a) the area may not include the entire establishment; (b) the area may not include cashier areas or over the counter sales areas; (c) the area may not include the viewing area of any theater or movie theater; (d) the area may not include the entire lobby; (e) the area in which smoking is permitted utilizes existing physical barriers and ventilation systems to the greatest extent possible to minimize the smoke in adjacent nonsmoking areas. 3.4 It is a defense to prosecution under this section if the person was smoking in an area that was: • (a) a designated smoking area of a facility or establishment described in section 3.2(c), 3.2(d), and 3.2(f) of this section which is posted as a smoking area with appropriate signs. (b) an administrative area or private office of an establishment described in •tiJi rti•....:::: i;fi:::4i•.v}}}y;•;v3Y•.... •n;.:;:.:x•:::v..:.n::yi»}};:..v};{• section 3.2 c 3.2 d 3.2 or 3.2 i 'unless i dm t ii �`•`` `':r .....{�v,.,.}}PAY .4•:; }:}{ \�� :::.:. .. v.:::.:...::::::::'�::4:;:i;:�?:;:}y}..:.......:'::{•i:{>.�:^iji:i•.: �:.::4}:}:•::: }•...'w:: {, hey r:, yy��vv ..[ �y. �y i,.y;�•;�l0v: �c�{ { i{{{{ii•:tii{i{{iiii�ii i;{{•:{i'\J.'•.\'{i�:'v�{{i{{{1UC{{{{:K{\ti9{ii{i•:i{iii-N:i{•:{•ti{{•:{tii{{ .::4::1'ii{{ti{{{ii•:{i ii{i ltii{{i{{:i'{{{•i:{iiiiiiii•::iti:ii•:{i{iii i{{i{ YIX{Ci+^W{{titii• (c) a retail or service establishment which is primarily engaged in the sale of tobacco products or smoking implements; r�} slake\smokingrord(100592) Page 4 (d) a rctail or srvict -stablisLment which is a fund-LMablislimc1it icgulaL&-by s,,,..tioil 4 of this ordinancc. aiiiiiiiiiiianOtiPOWNWOCOMOWNENTOMMIWAMMOtaigatiOdaatabb .................... ...... SECTION 4 Food Products Establishments 4.1 A food products establishment which has indoor or enclosed dining areas with seating arrangement for 50 or more patrons shall provide separate indoor or enclosed dining areas for nonsmoking patrons. A nonsmoking area must: (a) be separated, where feasible, from smoking areas by a minimum of four feet (4') of contiguous floor space; (b) utilize existing physical barriers and ventilation systems to the greatest extent possible to minimize the smoke in adjacent no-mmoking r n i areas, and be situated where feasible so that air from the smoking area is not drawn into or across the nonsmoking area. (c) be clearly designated by appropriate signs visible to patrons within the dining area indicating that the area is designated nonsmoking; (d) have ash trays or other suitable containers for extinguishing smoking materials at the perimeter of the nonsmoking area. 4.2 A food establishment which has indoor or enclosed dining areas with seating arrangement for less than fifty(50) patrons may provide separate indoor or enclosed dining areas for smoking and nonsmoking patrons. If the owner or person in control of such a food products establishment does not designate a nonsmoking area, signs stating "This establishment does not provide a nonsmoking area" shall be posted at all exterior entrances to such establishment. Such signs shall be clearly legible and shall be posted conspicuously so as to be readily observable by a reasonably observant person. 4.3 Nothing in this section shall be construed to prevent an owner or person in charge of a food products establishment from designating the entire establishment as nonsmoking. 4.4 Each food products establishment ':{S-ii::i:::�'iiiii��'::i{t i.......v..t:...v.::::v ,fit•}:;�;iitiit:ii>;t }:j:i': ::•lit:ijt{i�:i:: has a-didia area >bas:> r or<e closed i llif i <wit set tr.: : shall: (a) have,,,and implement a written policy which conforms to this chapter � tt € :< : and is kept on file on the premises; ' slake\smoking.ord(100592) Page 5 (b) make the policy available for inspection by employees, thc coatrullung authority of thc food products establishment, and municipal enforcement personnel; is available. 4.5 Nondining areas of any food products establishment affected by this section to which patrons have general access, including, but not limited to, food order areas, food service areas, restrooms and cashier areas shall be designated as nonsmoking areas. 4.6 It is a defense to prosecution under this section that the food products establishment is: (a) an establishment which has indoor seating arrangements for less than fifty (50) patrons; (b) an establishment which has more than seventy percent (70%) of its annual gross sales in alcoholic beverages; or, (c) a physically separated bar area of a food products establishment otherwise regulated by this Ordinance. 4.7 It shall be unlawful to operate a food products establishment without complying with this Ordinance. SECTION 5 Smoking in the Workplace 5.1 Within three (3) months from the effective date of this ordinance, every employer within the City of Southlake who owns, occupies or controls a workplace shall adopt, implement and enforce a written policy on smoking that: (a) conforms to this Ordinance and Section; (b) reasonably accommodates the interests of both smokers and nonsmokers but minimizes the involuntary exposure of nonsmokers to second-hand smoke; (c) designates nonsmoking areas so as to use existing structural barriers and ventilation to minimize involuntary exposure of nonsmokers to second-hand smoke; and (d) establishes a procedure for addressing employee disputes and objections arising under the no smoking policy; (e) contains a statement that the employer shall not discharge, retaliate, or discriminate against any employee who: 1 1 slake\smoking.ord(100592) Page 6 (1) files any complaint or causes any,proceeding to be instituted under or related to this chapter (2) testifies or will testify in any proceeding instituted under this chapter or, exercises on his own behalf or the behalf of others any right afforded by this thapta.i # . 5.2 Employers shall provide conspicuous signage indicating nonsmoking areas; 5.3 Nothing in this Section shall prohibit an employer from designating an entire workplace as nonsmoking. 5.4 Employers shall supply a written copy of the smoking policy to all current employees within three (3) weeks of the date of the adoption of the policy, and to all future employees at the time of their entry into employment. 5.5 It shall be unlawful for an employer to operate a workplace without complying with the requirements of this Ordinance. SECTION 6 Enforcement Any person who violates this ordinance shall be guilty of a Health and Sanitation misdemeanor violation and subject to a fined amount not more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8 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 9 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 slake\smoking.ord(100592) Page 7 phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. NOMONati writersitiw.: :.:VT}}'•?}>}}>:1%uV•}'a}V:: }\N}}: ,y:VTN}T}}.. `>}}?}:.:•T}? .:>}}}}}:i•}}}}T}}:aTy}:+?}}}N, N: M1 �} }{' •' :}•::.}i}v::.v.}':{^:{::}}ii:•}::.?::::.}}w.};v.vvw::::::::::::v.v:::.}}}};.}}%{•i}:::�.::}}}v::v.r:{x..w::::}}::::.::::w::x:::::::.v;;:}•.}}'':{:.�•.vv:x::.w:::::n.,.;. .v ..:. ........:.n::, n .:{xvvu:v.�::::::..::............... v...v::..:n:.::.:� ....v.w:.v:::::v:.:v.v. :n.: w:::::.v:.v.:::::: {:{{{{{{•}}:{?L?:tii{:'i{.;{::'{{{:::::::::::::.... :::::..n.: :X:{:'{i ; {? i»: ::'t"':;::tiYti'{ }}:;.}} :>:i:{ R::'t<{'••ii\:.t:.:t{:4.i•..:..... •??}}?::{is?i}:Ti}}}{:}:{T}{(}}({}i}titi}{}{C tiiiiitiiti++.}.;::::{ii.t:i.'i r;2 ..Ott ......:5............... �pe� `«::' e::>ttna'{<:t ::>::the:><: ;t r..e::::::1ate::;tiOt :or € t{::<:an •:>:::as:::::: ::{::st7 €::v:: tO:ed •::Y•}};{?{:ii•:ii:{{a:::•isiti4'�{•ti'{{{::{.;;::n:{{.:{{{?•}:v{{{L:}}} :.v .vn. vv: .::.<.::. ..�::r::::::::::............::::.. .}'.::::.:�:::::. �:::.::::.;.•r.:•w......;.f......,,:.;:.}•::....}::..x... :;.;':::::.>'..:a?::.::r.:•:::..::::::..}:i::a?:.:?::??::. ;.::?::.?:;:{.:.}.::::::. .r.::..;'::.:a.:::.;;.;:::::::::::::a}•::::: do 5:+ n :? :''s.:>:' In :::;: i'. :':<::: #: io::z:..: `': :�5?10 1'1r''.t:::>•.' 1':: ::: # :: . ':# •M1b..?tit <j:ordan:L::J}b :::ti::.SS:>Y.}}•{}AfM :::::: ?.>:.::.:::::>::::..:::.}i•;.};•?;::::;t:;:}:?•}}}:::::?}}}}}:................................................................................................... :i{.}}}:a:?{•;•?:i<:i<i.i:{{{i{i i•:•:.:.:{.}:{{.:{.:.:.:{i•}:i{::{•r ii i•: :.:ii?{.}}>: ondindlitiffiarantiPtitittaiNintedis SECTION ie The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of • this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. :i{•ti{{a:•}•:a}:?•:a}}:•:a:{{:r?as:?•}:aa}:i?•:�%??{?•}:•:ir:.}••:::::::}::•:v:•{:•:::•:{{'{r?{•ii}:•}:?•:{{{{•}:•:?•:{?{.}•{::::::?:•::•:v::{::::::::::::::::::::.w:::::•w:::•::•?i?a::{{•4.{{{?{{a};:vy::. •: yv}}}:•: .}':♦:vv::v::::::::::::::::::::::}::::is •::f:•}:•?}:<•}}:a:•}:•}: �: :.:�:::• oOVII Hp� i~EI `:.:..i..RNBAII l NNNAEIOII :.}.:i 1. .:?:::,:and>' `<a> ..............::.:{ .:{.:{.:�;.:;::{{{{:{:::::.}::::}:::;;.>}:.::??;{.:{.}:�R�:a:�:.>::.:{a::i.::i{.....}:{{{{{{{i{{{.:ii.:{{{{{{{{ii{{{{{.}:.}:}:>:{a:}i"'1:{{i{i{i.}:{i.}:.} .:;;`-F?i::::::::::.::.:{{.:{.:{:{:{{{:{.}�.:>:{.::;.:;.}r}:.}:. slake\smoking.ord(100592) Page 8 x:�w.w::.:..vv.}:{is.vn:.;.v;.}}w::.::.v..T}'?}}:;:•.vi+.,i., ::}liiir}�}:T:kn::-v;-}}}}••T}}yy}::}x•.vv}vv}v:rvi•:;.xv:•.}•.v.},•.}}v.:O:TTv:.T}}vyv♦ F.ffi.f}.Ti:'t}i:iY'•'r'iF.'.;i:^^•i)it:::::::.vv::;.}}v:{.v:n}}•.T.•v.}•::::vv�.xv•mv.::vxxw.vx x.n....f 1.:.. �••: ^ ) } Jr }.......Fxur4rr.,;.; rn r} it :.::::::::::..:viiv{{{w p:;��:!-. ;;Y' .{�:!.{r{!!•{-}:!..;{{:}:•}.:.}v.... ..... ...::iY.... T{ ! {{rr.,{{{•..!!!!!Y•.:v:. N.•fIx!}}}}:!::v... ...�......•}�..y�•�.i..... ....r..„...�..n.Q {: { _}•,�•}•� ;:{I��:fi { m e iorzeiw!fl 1�1J:L1�T } 3::!:'' ... r^. �!.Y.f.,�ffl. ...�...:j2F}T.•.: } .......... ..��::..: •r:•:-:,.,•:,$ Ji -•.....��.��:"`'.v�.:+......... r..v:.... '}rCti•}tv`v}i'ii}ii::r;:•T:i:Ii}}}rf }}:ir:Sir}:<;:;{}i�Y<ti!i::Li'T,.ow �i otoiN SECTION II 12 This ordinance shall be in full force and effect from January 1, 1993, after its passage and publication as required. by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1992. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1992. MAYOR A I EST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFECTIVE: Y , slake\smoking.ord(100592) Page 9 • FIRST $oit#uveót COMPANY INVESTMENT BANKERS 500 FIRST CITY CENTER 1700 PACIFIC AVENUE DALLAS, TEXAS 75201 JAMES S. SABONIS (2141 953-4000 VICE PR October 6, 1992 Honorable Mayor and Councilmembers City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 RE: Sale of$1,500,000 General Obligation Bonds, Series 1992 Sale of$1,300,000 Waterworks and Sewer System Revenue Bonds, Series 1992A Dear Gentlemen: Both Moody's Investors Service, Inc. ("Moody's") and Standard & Poor's Corporation ("S&P") have responded to our request for ratings. On both the City's General Obligation Bonds and the Waterworks and Sewer System Certificates of Obligation, Moody's and S&P confirmed the City's existing ratings of "Baa 1" and "A-", respectively. The key points involved in the rating decisions were as follows: Positive Points Professional City Management Effective Long Range Planning Strong Financial Condition of the City High Fund Balance Levels Higher End Income and Home Values Overall Growth Potential Negative Points High Debt Levels Slow Pay Out of Debt Surrounding and National Economic Situation Concentration of Valuation in Housing • Lack of Existing Commercial Development Growth Just Beginning Can't Project Housing Purchases Not Sure When City will Mature Other Metroplex Cities(Addison,etc.) have indicated similar growth potential that wasn't realized Conservative Overall Approach to Texas Honorable Mayor and Councilmembers City of Southlake, Page Two S&P cited a stable outlook for the City, reflecting the City's ability to manage the strong historical economic growth and conservative financial management. Also, S&P verbally indicated that it was too early in the City's evolution to warrant a rating upgrade, especially in light of the upgrade to "A-" from "BBB+" earlier this year. However, if the City does grow as forecasted, at maturity the City could . qualify for an "A" or "A+" rating. Moody's rating review emphasized the financial aspects of the City. Specific positive comments concerned the high fund balances and strong financial condition of the City. Negative comments were made concerning high debt levels and slow pay out of debt. The purpose of the rating meetings was to set forth the City's plans for handling new development and growth. Since the bond rating process is a reflection of the City's long term ability to repay its debt, we must begin the process toward improving the ratings long before we expect an improvement in the ratings. From that standpoint, the meetings held for both Moody's and S&P were successful. The City was well prepared for its meetings, and made an excellent presentation. The- success of the areas surrounding Southlake in the rating process indicates that with proper planning an management development, the City should enjoy better ratings as it continues its maturation. I will forward copies of the final credit analyses of the rating agencies as soon as they are published. Let me know if you have any questions or comments. Very truly yours, James S. Sabonis P. 12 OCT- 6-92 TUE 9:48 CARROLL ISD FAX NO. 4210810 CARROLL INDEPENDENT SCHOOL DISTRICT SMOKING ORDINANCE Carroll independent School District does not allow smoking on any of its premises, except in designated locations, as established by Carroll Independent School District. This includes all extra-curricular activities, as well as normal school functions. 517.17-1M171:' COPY S�P � 2 ?992 clzy- bruf/ie (-0 September 18 , 1992 OFFICE OF CITY SECRET • . `r Gary Fickes Mayor City of Southlake 667 N. Carroll Southlake, TX 76092 RE: Proposed Sale of Property Proposal: The city will condemn and acquire two ( 2) acres of property immediately west of Bicentennial Park at the rate of $30,000 per Acre. We agree to sell to the city an additional eight (8) acres of land as follows: . Sale Price Per Acre - $32,500 Total Purchase Price $260,000 Down Payment $ 10,000 Balance $250 ,000 The balance will be financed for a period of ten (10) years by Seller. The interest rate will be New York Prime plus 1 . 1/2% and will be adjusted quarterly to reflect the interest rate on the last' working day of each quarter. Payments of Principal and interest can be made monthly or quarterly. Balance may be paid in full by the city at any time without penalty. Seller will provide a survey and title policy satisfactory to the city. The city will provide the sales contract and will construct and maintain a cattle proof fence with at least two ( 2 ) stiles to allow park participants to enter Sellers remaining property to retrieve balls, etc. The proposed property, the full ten acres, is a rectangular piece of property approximately 1169 ft North/South -and 373 ft east/west. The proposed closing date is 1/4/93 or shortly thereafter. Sellers will consider an option to sell an additional five ( 5) acres. The sale price will be negotiated separately from this sale. If the Council would like for me to appear at a work session/council meeting, please let me know. Sincerely, (or) W. Ralph Evans