1999-07-06 CC Packet City of Southlake, Texas
MEMORANDUM
July 2, 1999
TO: Billy Campbell, City Manager
FROM: Ron Harper, Director of Engineering Services
SUBJECT: Ordinance No. 750, 1st Reading, Abandonment of utility easement and
temporary construction easement on T.W. King Road, Lot 1, Block A of the
MTP-IBM Addition No. 1
Action Requested: Abandon a utility easement and temporary construction easement on Lot
1, Block A of the MTP-IBM Addition No. 1.
Background
Information: In order to construct the 24" transmission water line from Trophy Club to
the T.W. King pump station, several utility easements are required to be
obtained. One such easement is across lot 1, Block A of the MTP-IBM
Addition No. 1 (see attached exhibit). The surveyor inadvertently
misidentified Texas Utilities as the rightful property owner on the
easement document when in fact the rightful owner was Maguire Thomas
Partners.
The easement document was forwarded to Texas Utilities by the City for
execution. Texas Utilities executed the easement document and
subsequently, the document was signed by the Mayor and sent to Tarrant
County for filing. The easement was filed in Tarrant County prior to the
knowing a mistake had occurred. Therefore, the easement has shown up
on title searches that have been completed on the property even though the
rightful owner did not grant the easement. In order to correct the title
work on the property, the easement will be abandoned from the property.
The City is in the process of acquiring the easement from the rightful
property owner.
Financial
Considerations: Not applicable.
Citizen Input/
Board Review: Not applicable.
Legal Review: The easement is considered null and invalid since the rightful property
owner did not grant it. The attorneys have recommended Council formally
abandon the easement. This will create a clear title.
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City of Southlake, Texas
iii..., Alternatives: Not applicable
Supporting
Documents: Map exhibit
Staff
Recommendation: Staff recommends that the City Council abandon the utility easement and
temporary construction easement on Lot 1, Block A of the MTP-IBM
Addition No. 1. Please place this item on the July 6, 1999 Regular City
�' Council Agenda for review and consideration.
/
Approved for Submittal to City Council:
ity anager's Office
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CITY OF SOUTHLAKE
ORDINANCE NO. 750
AN ORDINANCE VACATING AND ABANDONING A UTILITY
EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT,
LOCATED IN THE CITY OF SOUTHLAKE, TEXAS; DECLARING
THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE
PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF
SOUTHLAKE TO EXECUTE A QUITCLAIM DEED RELEASING
PUBLIC OWNERSHIP, INTEREST, AND CONTROL OF THE UTILITY
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The City of Southlake, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that this utility easement and temporary construction
easement, located in the City of Southlake, are not being used by, nor useful or
convenient to the public in general; therefore, it constitutes a public charge without a
corresponding public benefit, and the public would be better served and benefited by
their vacation and abandonment; and
WHEREAS, in order to remove any question as to the continued interest or
ownership of the public in said utility easement and temporary construction easement,
the City desires to execute a quitclaim deed releasing all title, ownership and control in
said utility easement and temporary construction easement to the owners of the abutting
properties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS:
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Section 1
The following utility easement and temporary construction easement are hereby
vacated and abandoned as a: dedicated utility easement and temporary utility easement,
more specifically described in Exhibit A and shown on Exhibit B. The utility easement
and temporary construction easement are not being used by, nor useful or convenient to
the public in general. It constitutes a public charge without corresponding benefit, and
the public would be better served and benefited by their vacation and abandonment.
The utility easement and temporary construction easement are so vacated and
abandoned shall revert in fee simple to the owners of the abutting property.
Section 2
The Mayor of the City of Southlake, Texas, is hereby authorized and
empowered to execute a quitclaim deed releasing all claims to title, ownership, or
control of the utility easement and temporary construction easement on the behalf of the
City of Southlake, Texas
Section 3
A copy of said quitclaim deed shall be presented for filing with the County
Clerk of Tarrant County, Texas by the office of the City Secretary.
Section4
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
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Section 5
i
This Ordinance shall be in full force and effect from and after its passage, and it
so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY
OF , 1999.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS
(ire DAY OF , 1999.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT UTILITY EASEMENT
BEING a 20 foot wide strip of land crossing Lot 1, Block A, MTP-IBM
ADDITION NO. 1, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Volume 388-211, Page 68 & 69 of
the Plat Records of Tarrant County, Texas. Said 20 foot wide strip of
land being 10 feet on both sides of the following described center line:
BEGINNING at a point in the North boundary line of said Lot 1, lying
S 89° 47' 08" E, 26.90 feet, from the Northwest corner of said
Lot 1;
THENCE S 00° 16' 31" W 37.65 feet, severing said Lot 1, to a point
at the beginning of a curve to the left;
THENCE SOUTHEASTERLY 143.77 feet, along said curve to the left,
having a radius of 1378.60 feet, a central' angle of 05° 58' 31",
and a chord bearing S 02° 42' 42" E 143.71 feet, to a point in the
South boundary line of said Lot 1, and the end of this easement;
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EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
BEING a 57.4 foot wide strip of land located in Lot 1, Block A, MTP-IBM
ADDITION NO. 1, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Volume 388-211, Page 68 & 69 of
the Plat Records of Tarrant County, Texas. Said 57.4 foot wide strip of
land being 30 feet East of and 27.4 feet West of the following described
center line:
BEGINNING at a point in the North boundary line of said Lot 1, lying
S 89° 47' 80" E 26.90 feet, from the Northwest corner of said
Lot 1;
THENCE S 00° 16' 31" W 37.65 feet, severing said Lot 1, to a point
at the beginning of a curve to the left;
THENCE SOUTHEASTERLY 143.77 feet, along said curve to the left,
having a radius of 1378.60 feet, a central angle of 05° 58' 31",
and a chord bearing S 02° 42' 42" E 143.71 feet, to a point in the
South boundary line of said Lot 1, and the end of this easement;
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5B-9\ MTP—IBM ADDITION
City of Southlake,Texas
MEMORANDUM
July 2, 1999
TO: Honorable Mayor and Members of City Council
FROM: Billy Campbell, City Manager
SUBJECT: Agenda Item Comments and Other Items of Interest for City Council
Meeting July 6, 1999
1. Agenda Item No. 5A. Approval of Minutes of the Regular City Council meeting
held on June 15, 1999. If you have any changes to the minutes, please discuss these
at the work session or notify Sandy LeGrand prior to the meeting. She will bring
the amended minutes to the meeting for your consideration. Note that the minutes
for the Special City Council meeting held June 22, 1999 will be considered at the
July 20, 1999 regular meeting.
2. Agenda Item No. 5B. Ordinance No. 750, 1st Reading, Abandonment of utility
easement and temporary construction easement on T.W. King Road. As noted in
the memo from Shawn Poe, this easement was specified and filed incorrectly,
resulting in title problems for the property owner. Abandoning the easement is the
first step toward correcting the mistake. Please contact Ron Harper or Shawn Poe
if you have questions about this item.
3. Agenda Item No. 5C. Award of bid to Henderson Construction, L.P., for
construction of sanitary sewer on Pine Drive. Yeur award of this bid will provide
for the construction of sanitary sewer on Pine Drive within budget. Six bids were
received, with Henderson Construction coming in with the low bid at $157,935.
This bid, coupled with fees necessary for the surveying and engineering, brings in
the project at a total cost of$183,368 or $16,632 less than the budget appropriation
of$200,000. Please let Ron or Shawn know if you have questions.
Honorable Mayor and Members of City Council
Agenda Item Comments for City Council Meeting July 6, 1999
Page 2 of 10
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4. Agenda Item No. 5D. Resolution No. 99-55, Regarding the City of Southlake
participation in Tarrant County's Community Development Block Grant (CDBG)
for fiscal year 2000 through fiscal year 2002. The City of Southlake has received
over $548,000 in community development block grant funds since 1994. These
funds have been used to make water, sewer, and roadway improvements in low to
moderate income neighborhoods in Southlake. Each year Southlake applies for and
competes for funds through Tarrant County's program, and although our eligibility
is somewhat limited, we have come to rely on this funding as an alternative source
for making needed infrastructure improvements in the targeted areas. Please
contact Shawn Poe with questions about this item.
5. Agenda Item No. 5E. Approval of the renewal contract with James Enterprises for
(Imr' janitorial services. James Enterprises has provided janitorial services for city
facilities (City Hall, community center, senior activity center, and public works
center) under contract since June 1998. Prior to contracting with James
Enterprises, we had numerous difficulties with the services provided. Although
James Enterprises isn't perfect, we have been very pleased with their efforts and
their willingness to work with us when problems arise. As such, staff's
recommendation is to exercise our option to renew their contract for another year.
Our current contract was for one year with an option to continue for up to two
additional years and provides for the service at Ircost of $2010.82 monthly, for a
total annual cost of$24,129.84. You will note that the contract under consideration
provides for services at an annual cost of $27,129.84. The increase is attributable
to the addition of newly finished out space on the second floor of the Public Works
Center.
Honorable Mayor and Members of City Council
Agenda Item Comments for City Council Meeting July 6, 1999
Page 3 of 10
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Staff recommends your approval of the renewal contract. Please contact Bob
Whitehead or Valerie Bradley if you have questions about this item.
6. Agenda Item No. 5F. Authorization to advertise for bids for the relocation of an
18" water line at the intersection of Dove Road and S.H. 114. As Shawn Poe
points out in his memo, moving this line is our obligation as part of the S.H. 114
construction project. Our budget for the project is $269,600. Please let Ron
Harper or Shawn Poe know if you have questions.
7. Agenda Item No. 5G. Resolution No. 99-56, Amending Chapter 6, Section 1B of
the City of Southlake Employee Handbook to include Martin Luther King, Jr. Day
as an official City Holiday. This item has been included on the agenda at the
request of Councilmembers Potter and Kendall. Please let Lauren Safranek know if
you have questions about this item.
8. "Agenda Item No. 5H. Ordinance No. 480-313, 2nd Reading, ZA 99-056, Rezoning
and Concept Plan for Sabre Group Campus. As discussed during the June 22
special meeting, second reading of this item is planned for July 20,1999. Because
the public hearing was advertised for your July 6 meeting, it had to be included on
the agenda, so you will need to table it. Please contact Karen Gandy with
questions.
9. Agenda Item No. 51. ZA 99-040, Plat Showing for proposed Lots 3 and 4, J.
Childress No. 253 Addition. This is the plat associated with the two zoning change
requests on the agenda as items #8A and #8B. The applicant has requested that this
item be tabled to the July 20, 1999 City Council meeting, and be considered
following the second reading of the associated zoning change requests. Feel free to
contact Dennis Killough regarding this request.
Honorable Mayor and Members of City Council
Agenda Item Comments for City Council Meeting July 6, 1999
Page 4 of 10
10. Agenda Item No. 7A. Ordinance No. 480-312, 2`d Reading, ZA 99-032, Rezoning
"C-3" to "CS" and Concept Plan for Southlake Boulevard Presbyterian Church.
This plan proposes approximately 37,665 square feet of floor area in phased
construction. The property is located on the north side of Southiake Boulevard,
south of SouthRidge Lakes residential development, east of Bank United and west
of La Petite Day Care. The primary concerns of the Planning and Zoning
Commission were the lighting and the stacking depth on the west driveway into the
site. The applicant was encouraged to investigate means of lighting that would
provide the least impact on the residential properties to the north and still safely
light the parking area. The applicant stated that they are willing to use low impact
lighting and would also look at installing a timed system that would turn lights off
after 10 or 11p.m.
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Both driveways for the site are existing. Due a 20% or more increase in the traffic
impacts on these driveways, they are subject to all Driveway Ordinance
requirements. The Commission allowed the spacings as shown and the stacking
depth as shown on the east driveway and required that the entrance into the site
from the west driveway (Bank United driveway) be relocated to the far north end of
the existing driveway. This would provide more stacking depth for church traffic.
The Planning and Zoning Commission recommended approval (7-0) on June 3,
1999 subject to the review, amended as noted ine Staff Report. The City Council
approved first reading of this request (7-0) on June 15, 1999, subject to the
Planning and Zoning Commission's recommendation with the exception of allowing
the driveway stacking for the west driveway as proposed by the applicant. Although
not part of the motion, the Council recommended to the applicant that particular
attention be given to lighting and landscaping/bufferyards adjacent to the residential
Honorable Mayor and Members of City Council
Agenda Item Comments for City Council Meeting July 6, 1999
Page 5 of 10
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properties. The Council suggested that berms with pine trees be used adjacent to the
residences in lieu of fencing, even if it encroaches into the 20' drainage and utility
easement (subject to engineering approval). The Council also recommended that the
trash dumpster be relocated to the west portion of the property away from the
residences. Feel free to contact Dennis Killough regarding this item.
11. Agenda Item No. 7B. ZA 99-035, Revised Site Plan for Holt Dental Care. This
plan proposes an additional 1,424 s.f. of dental office space to an existing 3,608 s.f.
dental/optometry office. The proposed addition is located on the northeast portion
of the building. Due to the increase in required parking, the traffic impacts on the
existing driveways would appear to exceed 20%. This requires compliance with all
Driveway Ordinance requirements on the existing driveway. Variances to spacing
requirements and stacking depths were granted during the approval of the first site
(re plan on the property.
The Planning and Zoning Commission recommended approval (7-0) on June 3,
1999, subject to the Site Plan Review, allowing the driveways and articulation as
proposed. During the meeting, the consultant stated that he had an alternative plan
that was closer to compliance with articulation requirements, but felt that it did not
blend well with the existing architecture of the building. Vice-Chairman Peebles
asked that the applicant present a rendering of the alternative building elevations to
the City Council. This item was tabled by the City Council on June 15, 1999 to the
July 6, 1999 meeting due to the applicant not bcyng present. Feel free to contact
Dennis Killough regarding this request.
12. Agenda Item No. 8A. Ordinance No. 480-314, 1" Reading, Rezoning, Proposed
Lot 4, J. Childress No. 253 Addition. This property is located on the east side of
Randol Mill Avenue, west of the Cross Timber Hills residential development. The
Honorable Mayor and Members of City Council
Agenda Item Comments for City Council Meeting July 6, 1999
Page 6 of 10
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request is for a change of zoning from "AG" to "RE" on a 5.27 acre portion of an
8.363 acre tract of land. The following agenda item is a zoning change request
from "AG" to "SF-1A" for the 3.093 acre remainder portion of the tract. A two
lot Plat Showing is currently being processed which reflects the proposed lot lines
coinciding with the zoning change.
There are no unresolved issues regarding this request. The Planning and Zoning
Commission recommended approval (6-0) on June 17, 1999. Since no public
hearing is required for the first reading of this item and there appear to be no
significant issues regarding this request, this item could be moved to the consent
agenda. Feel free to contact Dennis Killough regarding this request.
13. Agenda Item No. 8B. Ordinance No. 480-315, 1" Reading, ZA 99-039) Rezoning,
(hor Proposed Lot 3, J. Childress No. 253 Addition. This is a zoning change request
from "AG" to "SF-1A" for a 3.093 acre portion of a 8.363 acre tract of land.
This is the remainder portion of the previous agenda item.
There are no unresolved issues regarding this request. The Planning and Zoning
Commission recommended approval (6-0) on June 17, 1999. Since no public
hearing is required for the first reading of this item and there appear to be no
significant issues regarding this request, this item could be moved to the consent
agenda. Feel free to contact Dennis Killough regarding this request.
410.
14. Agenda Item No. 10A. Authorize the Mayor to enter into a contract for Tennis
Center Manager. The cover memo from Kevin details the history of this item and
the issues considered in getting to this stage. Although input has been provided
from the Northeast Tarrant Tennis Association (NETT, formerly the Southlake
Tennis Association), staff has been clear throughout this process that the contract is
Honorable Mayor and Members of City Council
Agenda Item Comments for City Council Meeting July 6, 1999
Page 7 of 10
between the City, through the action of the City Council, and the Contractor. We
sought input from the tennis community in this process because they are the user
group, similar to what we do with other user groups, whether it be baseball,
hockey, or youth group input for the teen center. Secondly, we should note that
although NETT has been the most vocal group and will undoubtedly consider the
center as their "home," they will not be the only Southlake-based league to request
court time. We have already had requests from Southlake-based teams associated
with other leagues. They too will be major users of the facility and we and the
Contractor will be sensitive to accommodating their needs as well.
We believe the contract addresses the concerns we have heard from the Council and
the citizens as well as the league players. The Contract will provide the control we
feel is necessary to ensure the Contractor provides the proper level of service to the
(16.0' citizens of Southlake, while also providing the Contractor incentive to operate a
first-class facility. We have included in Section 4.1(p), the ability of the City to
increase the number of courts available for non-league open play to three courts
should this be necessary. The Contractor has agreed to this. We have also added
Section 6.4, detailing the responsibility of Mr. Bryan to provide all furnishings and
equipment necessary for the operation of the tennis center as this was part of our
interview process and review of the business plans of the candidates. This
represents a significant investment on the part of the Contractor, amounting to
probably more than $60,000, not including pro shop inventory. If you have any
questions on this item, please contact Kevin Hugtnan.
15. Agenda Item No. 11A. Sewer Services in the vicinity of the Christian Men's
Network and Countryside Bible Church on Countryside Court. This item was
placed on the agenda at the request of Councilmember Kendall. The memo from
Ron Harper explains the issues and possible solutions. Staff will be seeking
•
Honorable Mayor and Members of City Council
Agenda Item Comments for City Council Meeting July 6, 1999
Page 8 of 10
Council direction on this issue during our discussion on Tuesday evening. Please
let Ron Harper know if you have questions.
Other Items of Interest
16.Joint City Council/School Board Meeting. Ted Gillum and I have discussed the
City and the School District's TIF participation agreement and it is imperative that
if the CISD participates in the TIF that the agreement be approved by City Council
no later than the second meeting in August. We will plan to bring forward the
participation agreement at the August 3rd City Council meeting. We would like for
you to consider Tuesday, July 27th (which is open for City Council and CISD
Board members) as a joint meeting date. The topics to discuss at this meeting will
include the following:
,,. • TIF Participation Agreement
• Land Acquisition
• CISD Projects
• Joint Use Facilities/Programs
Please let me know if the July 27th date will work for you.
17. Senior Transportation Services. As additional information to the presentation you
received at your retreat, we became aware early this week of another alternative to
this issue. Community Services Coordinator Nona Whitehead met with Brenda
Cross, Executive Director of YMCA Urban Services, regarding the scope of
• services agreement we are working on with NETS. As part of this meeting, Ms.
• Cross informed Nona that Senior Transportation Services (another branch of
YMCA Urban Services) has received a grant for senior transportation, due in part
to the recent United Way Senior Issues Committee report. STS plans to extend
Honorable Mayor and Members of City Council
Agenda Item Comments for City Council Meeting July 6, 1999
Page 9 of 10
their current service to include transportation routes to senior activity centers,
shopping, and cultural and social events. The grant is based on the number of
riders, so YMCA Urban Services is anxious to create new routes and establish
ridership. This service may only be available during the hours of 8:00 a.m. to 5:00
p.m., but it could provide a viable solution to the Southlake seniors' concerns.
Staff has already talked with Dick Johnston and David Baltimore regarding this
possibility and they are interested in further exploring this option with YMCA
Urban Services. We will keep Council informed as we move through the budget
process on this issue.
18. Note that we need to find a date convenient for you to hold a work session to
discuss issues concerning Sabre. For more information, please call me or Greg
Last.
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19. Also attached to my memo is:
• Copy of the Traffic Count Report of June 17, 1999
• Memo from Shawn Poe concerning Lilac Lane paving and sanitary sewer update
• Letter from GTE concerning Senate Bill 560
• Thank you notes
-6Z1
BC
Staff Extension Numbers:
Bradley, Valerie, Public Works Administrative Assistant, ext. 773
• Campbell, Billy, City Manager, ext. 701
Gandy, Karen, Zoning Administrator, ext. 743
Harper, Ron, Director of Engineering Services, ext. 779
Henry, Ben, Parks Planning and Construction Superintendent, ext. 824
Honorable Mayor and Members of City Council
Agenda Item Comments for City Council Meeting July 6, 1999
Page 10 of 10
Hugman, Kevin, Director of Community Services, ext. 757
Jackson, Malcolm, Administrative Operations Coordinator, ext. 726
Killough, Dennis, Senior Planner, ext. 787
Last, Greg, Director of Economic Development, ext. 750
LeGrand, Sandra, City Secretary, ext. 704
Martinson, Lynn, Chief Accountant, ext. 833
Polasek, Steve, Deputy Director Community Services, ext. 772
Queen, Courtney, Community Services Coordinator, ext. 827
Safranek, Lauren, Director of Human Resources, ext. 836
Siemer, Shelli, Assistant to the City Manager, ext. 806
Thomas, Charlie, Deputy Director of Public Works, ext. 814
Ward, Paul, Chief Building Official, ext. 755
Whitehead, Bob, Director of Public Works, ext. 740
Wilson, Garland, Director of Public Safety, ext. 735
Yelverton, Shana, Assistant City Manager, ext. 705
M:\W D-FILES\CEH\M EETINGS\4mat-mtg.doc
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City of Southlake
• utNalc
1999
Traffic . Count Report
June 17, 1999
Prepared Jointly by:
Planning
Public Works
Economic Development
(..... City of Southlake
1999 Traffic Count Report
Table of Contents
Introduction Page 1
Purpose of the Report Page 1
Methodology Page 1
Definitions Page 2
Table 1: Traffic Count Locator Key and Associated Volumes Page 3
Figure 1: Traffic Count Locator Map Page 10
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Introduction
The City of Southlake is a rapidly growing community. As such, a great emphasis lies in the
collection of data that can be accumulated to monitor trends related to growth. Annual traffic counts
have proven to be a useful tool for both municipal and private development planning purposes. This
report will present the basic traffic volume data recently collected in Southlake. To maintain
accurate counts throughout the City, updated traffic count data will be added to the report as it is
received by the City via Traffic Impact Analysis submittals for developments.
Purpose of the Report
The main focus of this report is to serve as a"snapshot"of the traffic volume conditions in a fixed
point in time. Traffic data from different time periods can be used to analyze trends and assist in
correcting problem areas. Traffic data is the foundation of many specialized studies, such as warrant
studies, and is used in part when updating the city's Master Thoroughfare Plan(MTP),which is the
basis for acquiring the appropriate amounts of right-of-way necessary to accommodate the ultimate
roadways needed in the city.
This report also serves as a valuable economic development tool for real estate brokers, lenders,
developers, and others with similar interests. Traffic volume is a critical factor associated with many
of the decision points made by these companies when looking to locate businesses in a particular
region. This traffic report will also provide current traffic data for any area of interest in the city to
residents, property owners, and other interested parties.
Methodology
In May 1999, the City of Southlake contracted with Quality Counts, a traffic counting firm located
in Dallas,Texas,to place the traffic counters in Southlake. The data was downloaded to a raw data
file, and a printed copy of this data was provided to the City. Between May 12 and May 27, 1999,
traffic counters were placed at 63 locations throughout the City, with counts taken from both
directions of traffic flow. Total traffic volumes were compiled in 15-minute intervals over a 24-hour
period. Figures for the 24-hour total and a.m./p.m.peak hour totals are compiled in Table 1. A map
depicting the locations of these counts is attached as Figure 1.
The raw data sheets, with 15-minute intervals and peak hours defined for each segment, can be
obtained for the cost of reproduction. For further information or copies of the raw data sheets,please
contact the City of Southlake Comprehensive Planning division at(817)481-5581, ext. 866.
L
City of Southlake 1999 Traffic Count Report Page 2
Definitions
Ref. #- The number associated with a one-directional traffic count location.
Segment—A particular area of roadway,with a beginning point("From") and an end point ("To")
location.
Direction—The direction of traffic flow for each location. Each location has two directions, each
listed in a separate row in Table 1, for both northbound and southbound(NB,SB)or westbound and
eastbound(WB,EB).
24-Hour Totals—The total traffic volume(each direction)counted during the 24-hour period from
12 a.m. (midnight)to 12 a.m. (midnight)the following day.
A.M. Peak Hour—The one-hour time period between 12 a.m. (midnight)and 12 p.m. (noon)during
which the highest one-hour traffic volume occurs, and the associated count.
P.M Peak Hour—The one-hour time period between 12 p.m. (noon) and 12 a.m. (midnight) during
which the highest one-hour traffic volume occurs, and the associated count.
(sr
L:ICOMDEVI WP-FILESIPROJEC7SITRAFFICCOUNTSI REPORT99.DOC
City of Southlake 1999 Traffic Count Report Page 3
Table 1: Traffic Count Locator Key and Associated Volumes
City of Southlake - 1999 Traffic Counts
Ret se2mcnt 13c2in I:nd Direction 24-1Iour .ANI Peak I'\1 Peal:
I utal Hour Hour
I oral fatal
1 SH 114 FM 1709 Kimball WB 28562 8-9 6-7
(Southlake Blvd) 1882 2285
2 SH 114 FM 1709 Kimball EB 27208 7-8 5 -6
(Southlake Blvd) 2597 1815
3 SH 114 Kimball Carroll WB 23351 8-9 5 -6
1842 1973
4 SH 114 Kimball Carroll EB 23639 7-8 5 -6
1907 1815
5 SH 114 Carroll White Chapel WB 24242 8-9 5-6
1844 2037
6 SH 114 Carroll White Chapel EB 23972 7-8 5 -6
1887 1808
7 SH 114 White Chapel Dove WB 20654 8-9 5 -6
1627 1778
8 SH 114 White Chapel Dove EB 21921 7- 8 5 -6
1744 1727
(11.09 9 SH 114 Dove Kirkwood WB 20569 7-8 5 -6
1545 1742
10 SH 114 Dove Kirkwood EB 20402 7-8 4-5&
1841 5 -6
1514
(each)
11 FM 1709 SH 114 Kimball WB 17123 7- 8 5 -6
967 1890
12 FM 1709 SH 114 Kimball EB 18021 7 - 8 1 -2
1678 1184
13 FM 1709 Kimball Carroll WB 21999 11 - 12n 5 -6
1217 2210
14 FM 1709 Kimball Carroll EB 23039 7- 8 12n- 1
2340 1422
15 FM 1709 Carroll Byron Nelson WB 20262 11 - 12n 5 -6
985 2124
16 FM 1709 Carroll Byron Nelson EB 19381 10- 11 5-6
874 2019
17 FM 1709 Byron Nelson White Chapel WB 19607 11 - 12n 5-6
979 2083
18 FM 1709 Byron Nelson White Chapel EB 18536 7-8 12n- 1
1690 1233
19 FM 1709 White Chapel Shady Oaks WB 19686 7- 8 5 -6
987 2021
20 FM 1709 White Chapel Shady Oaks EB 17591 7-8 3 -4
1727 1097
C.," 21 FM 1709 Shady Oaks Southridge WB 18970 7-8 5 -6
Lakes 1055 1921
City of Southlake 1999 Traffic Count Report Page 4
Ref I sc,nncnt CLIIin ! I.lid I)iuectimi I 24-IIw i I YNI Peal, 1'\l I'c;il.
I )tal I4,1al
22 FM 1709 Shady Oaks Southridge EB 17063 7-8 5-6
Lakes 1733 1066
23 FM 1709 Southridge Peytonville WB 16534 11 - 12n 1 -2
Lakes 921 1129
24 FM 1709 Southridge Peytonville EB 15347 7-8 5 -6
Lakes 1648 1765
25 FM 1709 Peytonville FM 1938 WB 16480 8-9 5-6
(Davis Blvd) 921 1874
26 FM 1709 Peytonville FM 1938 EB 14474 7- 8 12n- 1
(Davis Blvd) 1415 906
27 FM 1709 FM 1938 Pearson WB 12424 11 - I2n 6-7
579 1294
28 FM 1709 FM 1938 Pearson EB 12323 7-8 5-6
1282 810
29 Crooked FM 1709 Kimball SB 1534 8-9 5-6
Lane 160 142
30 Crooked FM 1709 Kimball NB 1248 8-9 5 -6
Lane 64 166
31 Crooked Kimball Continental SB 2848 7- 8 4-5
Lane 288 301
32 Crooked Kimball Continental NB 2363 11 - 12n 5-6
L Lane 128 312
33 Continental Crooked Lane Carroll WB 1766 8-9 5 -6
100 232
34 Continental Crooked Lane Carroll EB 2450 8-9 5 -6
395 216
35 Continental Carroll Byron Nelson WB 4113 8-9 5 -6
227 531
36 Continental Carroll Byron Nelson EB 4021 7- 8 5 -6
547 303
37 Continental Byron Nelson White Chapel WB 4371 7-8 5 -6
275 555
38 Continental Byron Nelson White Chapel EB 4386 7- 8 3 -4
592 327
39 Continental White Chapel Peytonville WB 3327 7-8 5-6
346 416
40 Continental White Chapel Peytonville EB 2858 7-8 3 -4
384 251
41 Continental Peytonville FM 1938 WB 2429 7-8 3-4
379 186
42 Continental Peytonville FM 1938 EB 2675 7- 8 5 -6
355 306
43 Union FM 1938 Pearson WB 23 11 - 12n 1 -2
Church 3 4
44 Union FM 1938 Pearson EB 25 9- 10 6-7
Church 3 4
45 Highland Kimball Carroll WB 1024 7- 8 1 -2
231 75
City of Southlake 1999 Traffic Count Report Page 5
Re 1r2mcnt I IItLIIIl I n(l Dircctinn 24-I1uur \\I I'ca1, I'\l I'r,, .
I Mali II. ti,
II I 1 1,,::,I
46 Highland Kimball Carroll EB 957 8-9 3-4
135 96
47 Highland Carroll SH 114 WB 1421 8 -9 4-5
184 204
48 Highland Carroll SH 114 EB 1196 8-9 4-5
237 97
49 Highland SH 114 White Chapel WB 1915 8-9 6-7
145 211
50 Highland SH 114 White Chapel EB 1622 8-9 4-5
219 158
51 Highland White Chapel Shady Oaks WB 1517 8-9 6-7
191 138
52 Highland White Chapel Shady Oaks EB 1598 8-9 3 -4
304 157
53 Turnberry Shady Oaks Peytonville WB 1253 8-9 3 -4
159 146
54 Turnberry Shady Oaks Peytonville EB 1198 8-9 3 -4&
183 6-7
93
55 Dove Kimball Carroll WB 1694 7- 8 5 -6
157 197
(hapf 56 Dove Kimball Carroll EB 1806 7-8 4-5
295 106
57 Dove Carroll White Chapel WB 1852 7- 8 5-6
272 211
58 Dove Carroll White Chapel EB 1668 8-9 5 -6
149 218
59 Dove White Chapel SH 114 WB 1400 8 -9 5 -6
197 147
60 Dove White Chapel SH 114 EB 1228 7 - 8 5 -6
88 147
61 Dove Shady Oaks Peytonville WB 147 7-8 5 -6
31 15
62 Dove Shady Oaks Peytonville EB 335 7- 8 6-7
26 52
63 Dove Peytonville Randol Mill WB 138 9- 10 4-5
6 29
64 Dove Peytonville Randol Mill EB 114 7-8 1 -2
30 8
65 K• irkwood SH 114 Precinct Line WB 875 11 - 12n 5-6
_ 48 209
66 K• irkwood SH 114 Precinct Line EB 1045 7- 8 1 -2
227 77
67 B• ob Jones White Chapel TW King WB 16 11 - 12n 6-7
3 3
68 Bob Jones White Chapel TW King EB 14 8-9 3-4,5-6,
Coe' 2 &7-8
2
City of Southlake 1999 Traffic Count Report Page 6
Ref "e2111ent !IL!!!!) I:n(I 1)ircriiun I 24-Il0111 k\l Peal. I'\I Peal.
I vital limit limit
I I utal I nt:11
69 TW King Kirkwood Bob Jones NB 2501 7-8 4-5
306 235
70 TW King Kirkwood Bob Jones SB 2410 9- 10 5 -6
129 271
71 Pearson Union Church FM 1709 NB 889 7-8 5-6
58 104
72 Pearson Union Church FM 1709 SB 922 11 - 12n 3 -4&
58 6-7
90
73 Pearson FM 1709 Florence NB 2642 8-9 5-6
155 225
74 Pearson FM 1709 Florence SB 3273 8-9 3 -4
252 295
75 FM 1938 Continental FM 1709 NB 10309 8-9 5-6
909 751
76 FM 1938 Continental FM 1709 SB 10549 7-8 5-6
704 1078
77 Randol Mill FM 1709 Florence NB 4338 8-9 5 -6
329 356
78 Randol Mill FM 1709 Florence SB 3282 7- 8 5 -6
294 278
(ftwe 79 1 Peytonville Continental FM 1709 NB 1534 7- 8 3 -4
156 147
80 Peytonville Continental FM 1709 SB 1360 7-8 3 -4&
377 5 -6
135
81 Peytonville FM 1709 Southridge NB 1629 7-8 5 -6
Lakes 285 155
82 Peytonville FM 1709 Southridge SB 1498 8 -9 1 -2
Lakes 133 139
83 Peytonville Southridge Dove NB 1227 7- 8 1 -2
Lakes 150 100
84 Peytonville Southridge Dove SB 1388 11 - 12n 5 -6
Lakes 110 195
85 Shady Oaks FM 1709 Highland NB 1965 8-9 3 -4
358 260
86 Shady Oaks FM 1709 Highland SB 1713 8-9 6-7
354 156
87 Shady Oaks Highland Dove NB 714 8-9 3 -4
91 72
88 Shady Oaks Highland Dove SB 655 7-8 5 -6
72 61
89 White City Limits Continental NB 3187 8-9 5 -6
Chapel 319 260
90 White City Limits Continental SB 3289 8-9 5 -6
Chapel 235 309
(...., 91 White Continental FM 1709 NB 3530 8-9 3 -4
Chapel 304 293
City of Southlake 1999 Traffic Count Report Page 7
•
L Rd ct2nicnt I{c2111 1 11(1 Direction 24-11our \\1 I'cal. I'\l Ptak
Total Ilour Iluur
I otal I ntal
92 White Continental FM 1709 SB 3798 8-9 5-6
Chapel 292 322
93 White FM 1709 ' Highland NB 3305 8-9 1 -2
Chapel 355 264
94 White FM 1709 Highland SB 3515 7- 8 5 -6
Chapel 345 331
95 White Highland SH 114 NB 2868 8-9 5-6
Chapel 356 234
96 White Highland SH 114 SB 2749 8-9 12n- 1
Chapel 225 228
97 White SH 114 Dove NB 1244 8-9 4-5
Chapel 82 112
98 White SH 114 Dove SB 1088 8-9 3 -4
Chapel 117 94
99 White Dove Bob Jones NB 619 11 - 12n 5 -6
Chapel 40 61
100 White Dove Bob Jones SB 571 7- 8 1 -2
Chapel 50 53
101 Byron Continental FM 1709 NB 2436 7- 8 1 -2
Nelson 236 206
102 Byron Continental FM 1709 SB 2619 11 - 12n 1 -2
L Nelson 181 262
103 Carroll Continental FM 1709 NB 1802 8-9 5-6
123 166
104 Carroll Continental FM 1709 SB 1444 7- 8 6-7
105 132
105 Carroll FM 1709 SH 114 NB 2772 8-9 12n- 1
226 237
106 Carroll FM 1709 SH 114 SB 2140 8-9 3 -4
210 215
107 Carroll Highland Dove NB 1342 8-9 3 -4
146 127
108 Carroll Highland Dove SB 1399 7-8 3 -4
170 103
109 Carroll Dove Burney NB 1475 8-9 5-6
101 145
110 Carroll Dove Burney SB 1539 7- 8 3 -4
183 119
111 Lonesome Dove Burney NB 1378 11 - 12n 5 -6&
Dove 72 6-7
152
112 Lonesome Dove Burney SB 1292 8-9 6-7
Dove 88 118
113 Brumlow SH 26 Continental NB 4547 8-9 5-6
274 538
114 Brumlow SH 26 Continental SB 4661 7- 8 5 -6
L480 378
City of Southlake 1999 Traffic Count Report Page 8
•
Ref �c�ntcnt Bet!' I:nd Direction 2-1-Iluur \\I I'cak I'\I I'cal.
total Hour Hour
!will I oral
115 Kimball Crooked Lane FM 1709 NB 1375 8-9 5-6
147 111
116 Kimball Crooked Lane FM 1709 SB 1203 8-9 5-6
75 139
117 Kimball FM 1709 SH 114 NB 6020 7- 8 12n- 1 &
643 5-6
393
118 Kimball FM 1709 SH 114 SB 5077 11 - 12n 6-7
338 427
119 Kimball SH 114 Highland NB 4887 11 - 12n 5-6
234 488
120 Kimball SH 114 Highland SB 4506 7-8 6-7
387 286
121 Kimball Highland Dove NB 4366 11 - 12n 5-6
208 528
122 Kimball Highland Dove SB 3609 7-8 6-7
398 237
123 Kimball Dove City Limits NB 1892 11 - 12n 5 -6
121 188
124 Kimball Dove City Limits SB 1873 7- 8 6-7
183 132
L 125 Commerce Industrial FM 1709 NB 2702 9- 10 5 -6
182 246
126 Commerce Industrial FM 1709 SB 1887 8-9 2-3
179 166
L
City of Southlake 1999 Traffic Count Report Page 9
.
(...
Figure 1: Traffic Count Locator Map
E/ \f,,2'41.)
~ ,I
1-) 67 \BthJcn \
69 70
Berney
I 9 1 11C 109117111
1I
0
a
63 Al 59 157
Dom °7^
) 64 62 j 60
96W 12. 123
..,. 83
7 56
108107
8887 5
�:, • 1i 121
g 51 47 451-icfnland
o ' Y 54 52 0 50 4t3 46
c c.)-` _ 1 5119
U
Florence0 } 0 o
78�77 0. 81 '• 9493 10E105 4 1
Johnson 23 0 21 19 7 5 143
FM»ae 1117a 24 22 20 1$3 16 sa,tnlake Blvd 111
26
74 73 2 •, ii 11E 115 12E 14.
28 2 0 a 92 91 z 104 w .4\
72 71 80\79 101 31 320, E
Union Church 6,75 41 ` Continental 39 37 m1 35 1 33 '
44tJJrpF5I\ 0442 38 36 y
1 'f,
L
City of Southlake 1999 Traffic Count Report Page 10
City of Southiake,Texas
0
MEMORANDUM
July 2, 1999
TO: Billy Campbell, City Manager
FROM: Shawn Poe, Capital Projects Engineer
SUBJECT: Lilac Lane paving and sanitary sewer update
The sanitary sewer has been installed along Lilac Lane. Lilac Lane has been paved and the
sidewalk along the south side of Lilac Lane from Dominion to Byron Nelson Parkway is now
being constructed. The final clean up and restoration will occur following the construction of the
sidewalk and approach of Lilac Lane at Byron Nelson. The project should be complete in two
weeks.
The contractor is behind schedule for this project. The notice to proceed was given on February
22, 1999. The contractor had 60 calendar days to complete the project, which would place the
completion date to April 23, 1999. The contractor has experienced delays that were not under
his control. A gas line and telephone pole had to be relocated in order to install a box culvert
under Lilac Lane. There was a offsite drainage issue regarding the installation of the box culvert
that had to do with the removal of trees in an existing drainage easement on private property.
The offsite drainage issue was resolved, however it did delay the construction of the culvert for
two weeks. There was also several rain days in which the contractor could not work.
It was brought to my attention that the contractor had not been working on several occasions
when he could have worked. I called the contractor and informed him that it was unacceptable to
not work at times that he could have especially when his contract time has expired. Attached is a
copy of a letter that was sent to the contractor requiring him to complete the project by July 15,
1999 or otherwise be charged liquidated damages. If you have any questions, please call me at
extension 846.
cf°L
SEP/sep
Attachment
•
City of SouthiakeI IL, _
DuthIQ ' July 1, 1999
Whitewater Construction, Inc.
Mayor: 6640 Old Mexia Road
Rick Stacy
Waco, TX 76705
Mayor Pro Tern:
Gary Fawks
RE: Lilac Lane Paving & Sanitary Sewer Improvements
Deputy Mayor Pro Tern: Notice on Intent to Initiate Liquidated Damages
Ronnie Kendall Q ama g
Councilmembers: Dear Mr. Kemp,
Wayne Moffat
Rex Potter
Debra Edmondson A notice to proceed was issued by the City to Whitewater Construction, Inc.
Patsy DuPre
stating that the contract time for the referenced project would begin on
City Manager: February 22, 1999. The improvements were to be completed in 60 calendar
Billy Campbell days as stated in the contract. Therefore, the project was to be completed by
Assistant City Manager: April 23, 1999. The City understands that delays were experienced due to
Shang K.Yelverton inclement weather, utility relocation, and offsite drainage issues. However,
LSecretary: over the past few weeks, it is my understanding that the paving contractor is
dra L.l eGrand not working every feasible day and delays have been caused by the contractor's
actions.
Under provisions in the contract, liquidated damages can be imposed if the
project is not completed within the timeframe specified in the contract. You
are hereby instructed to complete this project by July 15, 1999. If the contract
is not complete by this time, liquidated damages shall be imposed at the rate of
$240 per day until the project is complete (per NCTCOG specifications).. If
you have any questions, please call me at (817) 481-5581 extension 846.
Sincerely,
Poe,n P.E..
Capital Projects Engineer
cc: Ron Harper, P.E. -
Charlie Thomas. P.E.
Bob Rowley. P.E.
(......- Jim Funderburg
1721 East Southlake Blvd., Suite 100• Southlake, Texas 76092
(817) 481-5581 • (817) 488-9370
AN EQUAL OPPORTUNITY EMPLOYER"
Larry E. Atwell eiT) GTE Network Services
Regional President
Texas/New Mexico
500 E. Carpenter Freeway
TXD1981A
P.O. Box 152013
Irving,TX 75015-2013
Tel: 972 717-5800
June 14, 1999 Fax: 972 717-2069
•,
Mr. Curtis Hawk /
City Manager C t!" - : S A y
667 N. Carroll Ave /
Southlake, TX 76092
Dear Mr. Hawk:
More than a month ago I wrote you asking for your help concerning Senate Bill 560. Today
I'm writing to express my thanks. The Texas State Legislature ended its 76"' legislative
session on Monday, May 31'' by approving $1.85 billion in tax cuts, providing teachers with
a $3,000 annual pay increase, deregulating electric utilities—and passing Senate Bill 560,
the revised Public Utility Regulatory Act(PURA). The bill should soon be signed into law by
Governor George W. Bush and become effective Sept. 1, 1999.
Senate Bill 560 is a good piece of legislation for Texas consumers and we believe it is fair in
its treatment of GTE. When this bill becomes law GTE will improve our ability to compete
both in and out of our franchise areas, consumers will see lower long distance rates and
their basic local service rates will be capped until the year 2005. We really appreciate
everyone who wrote letters, sent e-mails or faxes or made calls to legislators. Those efforts
-really helped make a difference.
I thought you might be interested in some of the other major provisions of this legislation:
✓ GTE will be able to develop packages of services with our affiliate business units so we
can bundle long distance, Internet and other services with basic service;
✓ Increased emphasis will be placed on bringing advanced communications services to
rural Texas;
✓ Customers will not have their telephone service disconnected for failure to pay long
distance charges; and,
✓ Large local and long distance companies will be required to reduce their retail long
distance rates to reflect reductions in access charges.
Please let me know if you have any questions aboul`this legislation or if you need additional
information. Thanks again for your support.
Sincerely yours,
Larry E. Atwell
A part of GTE Corporation
Carroll Elementary School
1705 W. Continental • Southlake, TX 76092 • (817) 481-8899
‘ .,... ...
....
i , a
... ., 4.4t,f,
Lynn Martinson /99i-00
City of Southlake
May 25, 1999
Dear Ms. Martinson,
Please extend my thanks and the thanks of all the students and staff of Carroll ISD to the
city levers, for their generous contributions to our art program this year. Our art
teachers and some of our science teachers participated in a wonderful kite workshop by
Cathy Nixy. The City of Southlake sponsored this workshop. Many of our students
created kites to fly in the kite festival, thanks to these workshops. The students also
enjoyed seeing the kites from our sister city Toyoma, Japan. Thanks for providing the
students with handles to fly their kites. The kites were flown at school and many at the
festival. Many of our teachers are planning kite lessons for next year. Thanks again for
your generosity and allowing us to participate in this wonderful community event.
Sincerely,
,'--3-i_e_-,-1,-et-e_) (-/ -:-/-( -
-t"
Brenda Wyatt and the art staff of Carroll ISD
•
41.
A Recognized School of Excellence
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ALFRED D.MORIN.JR.
International Director
March 26, 1999
Mr. Billy Campbell
r4t;1 j Dii-ectoi of Public Safety
-_�- City of Southlake
1000 W. Southlake Blvd.
Southlake, TX 76092
Dear Billy:
Congratulations to you and your whole team for the recognition
of accreditation by the Commission on Fire Accreditation
International.
With only fourteen fire departments in the country being
recognized, this is an outstanding achievement.
As a citizen of Southlake, I'm very proud of the department and
commend you and your associates for a job well done.
Thanks to all for the great work you are doing on our behalf.
Sincerely,
Al Morin
SPIN Chairman
CC: Mayor Rick Stacy
City Manager Curtis Hawk
Nona Whitehead
•
NATIONAL OFFICE•BOY SCOUTS OF AMERICA
1325 WEST WALNUT HILL LANE•P.O.BOX 152079•IRVING,TEXAS 75015-2079.972-580-2400•FAX 972-580-2413
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City of Southiake, Texas
MEMORANDUM
May 22, 1999
To: Barry Hinkle, Lieutenant, Police Services
From: Robert McAmis, Sergeant,Police Services
Subject: Officer Compliment
PSO Vogel stopped Keith Harris on an unknown date for an observed traffic violation.
PSO Vogel issued Mr. Harris a citation for the violation, and Mr. Harris subsequently
contacted SDPS to state that he was delighted at PSO Vogel's professionalism during the
violator contact.
I submit this memo as documentation of a citizen compliment regarding PSO Vogel's
demeanor. The favorable remarks from Mr. Harris are an indicator of a satisfactory
C
performance by PSO Vogel.
744
C �
RM/rm
cc: Billy Campbell, Director, Public Safety
Gary Gregg, Deputy Director, Police Services
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BRUCE ISAACKS
CRIMINAL DISTRICT ATTORNEY
1450 E.MCKINNEY.SUITE 3100
MAIN NUMBER 940-565-8566 P.O. BOX 2344 HOT CHECKS CKS 940566$ I
DENTON.TEXAS 76202 FAX 940-566.8 5
88
City Manager/Acting DPS Director
Billy Campbell
Southlake DPS
667 N Carroll
Southlake,Texas 76092
Re: Officer Shawn Fannan
Dear Mr. Campbell:
I want to commend Officer Shawn Fannan for his participation in our Annual
Crime Victims' Rights Week Ceremony and March on April 27, 1999. I believe that
attendance by police officers at our yearly tribute to victims of violent crime
demonstrates a level of dedication and commitment of which your agency should be
proud.
It is through the efforts and dedication of individual officers working within the
criminal justice system that a positive and cooperative environment among agencies and
the community we are committed to serve is enhanced. A positive and cooperative
working environment strengthens the community's resolve to keep Denton County one
of the safest places to live and raise a family.
Crime victims who attend this annual observance have told me that one the most
meaningful aspects of the event is seeing.the number of law enforcement officers involved
and present. Officers like Officer Fannan make a difference.
410,
Sincerely,
Bruce Isaacks
Criminal District Attorney
•
cc: Lt. Hinkle
Officer Shawn Fannan
�0�49
Arq
"At.
(liko t ;4,1
BRUCE ISAACKS
CRIMINAL DISTRICT ATTORNEY
14E0 E.MCKINNEY.SUITE 3100
MAIN NUMBER 940-565-85E6 P.O.BOX M444 HOT CHECKS 940.566855
METRO 94(3 320-4802 DENTON,TEXAS 76202 FAX
City Manager/Acting DPS Director
Billy Campbell
Southlake DPS
667 N Carroll
Southlake,Texas 76092
Re: Office Steve Morton
Dear Mr. Campbell;
I want to commend Office Steve Morton for his participation in our Annual Crime
Victims' Rights Week Ceremony and March on April 27, 1999. I believe that attendance
by police officers at our yearly tribute to victims of violent crime demonstrates a level of
dedication and commitment of which your agency should be proud.
It is through the efforts and dedication of individual officers working within the
criminal justice system that a positive and cooperative environment among agencies and
the community we are committed to serve is enhanced. A positive and cooperative
working environment strengthens the community's resolve to keep Denton County one
of the safest places to live and raise a family.
Crime victims who attend this annual observance have told me that one the most
meaningful aspects of the event is seeing the number of law enforcement officers involved
and present. Officers like Office Morton make a difference.
Sinc rely,
ruce Isaacks
• Criminal District Attorney
cc: Sgt McAmis
Office Steve Morton
6-0
C./
BRUCE ISAACKS
CRIMINAL DISTRICT ATTORNEY
1450 E.MCKINNEY,SUITE 3100
MAIN NUMBER 940-565-8556 P.O.BOX 2344 HOT CHECKS 940.566 8557
METRO 94032'Q4802 DENTON,TEXAS 76202 FAX
940-565-8588
City Manager/Acting DPS Director
Billy Campbell
Southlake DPS
667 N Carroll Ave
Southlake,Texas 76092
Re: Officer Quentin Watkins
Dear Mr. Campbell:
I want to commend Officer Quentin Watkins for his participation in our Annual
Crime Victims' Rights Week Ceremony and March on April 27, 1999. I believe that
attendance by police officers at our yearly tribute to victims of violent crime
demonstrates a level of dedication and commitment of which your agency should be
proud.
It is through the efforts and dedication of individual officers working within the
criminal justice system that a positive and cooperative environment among agencies and
the community we are committed to serve is enhanced. A positive and cooperative
working environment strengthens the community's resolve to keep Denton County one
of the safest places to live and raise a family.
Crime victims who attend this annual observance have told me that one the most
meaningful aspects of the event is seeing the number of law enforcement officers involved
and present. Officers like Officer Watkins make a difference.
.1114.
Sincerely,
• rucelsaacks
Criminal District Attorney
cc: Sgt Rusty Daniels
Officer Quentin Watkins
;j-i 9
6(I
i �v..' f!
J ,:
------------
BRUCE ISAACKS
CRIMINAL DISTRICT ATTORNEY
1460 E.MCKINNEY,SUITE 3100
MAIN NUMBER 940-5 556 P.O.BOX 2344 HOT CHECKS 940.56 67
0-.
METRO 94 1I802 DENTON.TEXAS 70'202 FAX
940-565-8588
City Manager/Acting DPS Director
Billy Campbell
Southlake DPS
667 N Carroll
Southlake,Texas 76092
Re: Officer Alton Wells
Dear Mr. Campbell:
I want to commend Officer Alton Wells for his participation in our Annual Crime
Victims' Rights Week Ceremony and March on April 27, 1999. I believe that attendance
by police officers at our yearly tribute to victims of violent crime demonstrates a level of
dedication and commitment of which your agency should be proud.
It is through the efforts and dedication of individual officers working within the
criminal justice system that a positive and cooperative environment among agencies and
the community we are committed to serve is enhanced. A positive and cooperative
working environment strengthens the community's resolve to keep Denton County one
of the safest places to live and raise a family.
Crime victims who attend this annual observance have told me that one the most.
meaningful aspects of the event is seeing the number of law enforcement officers involved
and present. Officers like Officer Wells make a difference.
Sin rely,
nice Isaacks
. Criminal District Attorney
cc: Sgt Rusty Daniels
Officer Alton Wells
L.
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67 17-1999 6. 1 yPM FROM MUCKLEROY / FALLS 817 877 .-A:MO P. 1
L. facsimile
TRANSMITTAL
.to: Paul Ward
fax at: 488-5097
re: "Exchange of Information"Meeting
date: June 17, 1999
pages: 1,including this cover sheet.
Paul,
Thank you for the great barbecue and fellowship,which we enjoyed last Friday.Thank you also for
providing a forum for honest feedback concerning improved building department services for
developers and contractors. I was very impressed with Mr. Malcom Jackson and the department
philosophy as outlined in the discussions.
Harold Muckleroy and I have completed projects in many north Texas municipalities including
Dallas,Ft. Worth, Duncanville,Lewisville, Colleyville,Mansfield, Piano,Richardson, and Hurst.
LWe've also completed 12 projects in Southlake (including tenant finish). I have always been
impressed with the high caliber of inspectors, plans examiners, and building officials which
Southlake seems to attract. I always look forward to working with your team because of the
professional service,integrity,and standards,which you demand and expect_Chuck Bloomberg has
been a great ally to me personally over the years.I know that our superintendents particularly enjoy
working with John Lesinski,Eddie Wilson,and Mike Moore.In past years,Darwin Cheatham has
also been great to work with.
Lastly,I can't tell how refreshing it was to get to recite the Pledge of Allegiance to the American
Flag and also how much it means to me personally for you to bless the food and the meeting in the
name of our Lord and Savior Jesus Christ.
As the City of Southlake continues to expand its horizons in the New Millennium, I hope that
Muckleroy and Falls will grow with you providing quality construction with attention to detail.
From the desk of...
Max Fans
• President
Muckleroy&Falls
2501 Partview Drive,Suite 330
Fort'Werth,Texas 76102
L 817-877-3510
Fax:817-877-6650
(_2_3-,1
t .
City of Southlake, Texas
Recent Submittals for July 8, 1999 DRC Meeting
RESUBMITTALS
P&Z Resubmittal
99-036 SITE PLAN
Lot 3R3, Block 1, Miron Court Addition
Location: On the east side of Miron Drive, approximately 700' south of
East Southlake Boulevard(F.M. 1709)
Current Zoning: "C-2"Local Retail Commercial District
Applicant: Dwayne Young
Owner: Governement Capital Corp.
DRC Resubmittals
99-034 PLAT REVISION
Lot 3, Block 6, Southridge Lakes, Phase C-1
Location: On the north side of East Southlake Boulevard(F.M. 1709),
approximately 800' east of North Peytonville Avenue
Current Zoning: "C-3" General Commercial District
Applicant: Southlake Boulevard Presbyterian Church
Owner: Grace Presbytery Church
99-042 SITE PLAN
Southlake Boulevard Presbyterian Church
Location: On the north side of East Southlake Boulevard(F.M. 1709),
approximately 800' east of North Petyonville Avenue
Current Zoning: "C-3" Commercial District
Applicant: Southlake Boulevard Presbyterian Church
Owner: Grace Presbytery U.S.A.
99-057 REZONING/DEVELOPMENT PLAN
Crown Ridge Addition
Location: On the west side of North White Chapel Boulevard,
approximately 700' south of Bob Jones Road
Current Zoning: "R-PUD" Residential Planned Unit Development
Applicant: Huitt—Zollars, Inc.
Owner: Southlake/Solana, Ltd.
99-058 REVISED PRELIMINARY PLAT
Eagle Bend Estates, Phase II,
Location: Along Eagle Bend, approximately 1,500' south of East
Continental Avenue
Current Zoning: "R-PUD" Residential Planned Unit Development
Applicant: Carter& Burgess, Inc.
Owner: Westerra—Timarron L.P.
City of Southlake, Texas
NEW CASES
99-067 FINAL PLAT
Chesapeake Place
Location: 1701 South Pearson Lane, on the Northeast corner of West
Continental Boulevard extending to West Southlake Boulevard (FM 1709)
Current Zoning: "R-PUD"Residential Planned Unit Development
Applicant: Carter& Burgess, Inc.
Owner: Pulte Homes of Texas, LP
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HLIIIT ZOLLARS
-day; 3131 McKirney Avenue; Suite 600 i LS ,05 Ca.'as. Texas 75204-2439. 2141871-3311 i FAX 2141871-0757
June 22, 1999
Edward McRoy
City Planner
City of Southlake
667 North Carroll Avenue
Southlake, TX 76092
Subject: Crown Ridge Development Plan Case No. ZA 99-057
Dear Mr. McRoy:
The following are our responses to your site plan summary review letter dated June 15`".
Planning Department Comments:
1
1. Provide a Zoning Request Application: Copies of the zoning application were sent to your office on June 16t'. I apologize for the
confusion on this matter.
i
2a. Show and Label Lot Lines on Specified Lot Lines:
Due to the configuration of the below itemized corner lots and the probable orientation of
the houses on these lots, we would ask that a side setback adjacent to streets of fifteen
(15) feet be used as specified on the revised Development Plan:
Block B, Lot 1 — North Line
Block C, Lots 8 and 9 — South Line
Block D, Lots 12 and 13 — South Line
I Block E, Lots 7 and 8 — East Line
I Block F; lot 11 — South Line
Item number two (2) b, c, d and three (3) a, and b have been addressed on the revised
Development Plan
3c. Revise Intersecting Street Angle of T.W. King and Bob Jones Road:
At this time, we would prefer that the current alignment of T.W. King remain in its current
configuration. With the development of the property, we will dedicate right of way on
T.W.King and Bob Jones Road and will dedicate 2.62 acres of parkland in the southeast
comer of the intersection between the two rights of way. With the city owning the majority
of the property at the northwest comer of the site as either right of way or parkland, future
roadway configurations could be evaluated and acted on as the area becomes more fully
developed.
RECD JUN 241999
3d. Revise Geometry of Crown Ridge Blvd to Eliminate Broken Back Curve and the
Addition of calming Devises:
Crown Ridge Blvd. is currently designed with a minimum fifty (50) feet of tangent between
curves as required by Subdivision Ordinance for a collector street. Due to the small
amount of traffic to be traveling Crown Ridge Drive, we feel that traffic -calming devices
are not warranted.
Items number three (3) e, f, g, j k, I, and i have been addressed in the revised proposed
development regulations.
Items number four (4) a, b1, b2, b3, and b4 have been addressed in the revised proposed
development regulations.
The chart given in comment four (4) c. has been included in the revised proposed development
regulations.
5. Provide Location of Equestrian Trail:
Currently, the Trail Master Plan calls for an equestrian trail along T. W. King Road.
However, Ben Henry with the Parks Department has stated that the Parks department is
planning to revise the current Master Plan to show a trail along Bob Jones Road. In order
to comply with the Parks Departments future Trail Master Plan we have provided a trail in
the park dedication area along Bob Jones Road.
Item number 6a and b have been addressed on the revised Development Plan
6c. Provided underground storm drainage system or increase storm channel easement:
The proposed storm drainage design for the proposed site will remain a combination
underground and channel flow system. Preliminary engineering has shown that the
maximum channel section required, including a foot of freeboard, would be a channel
twenty-three (23) feet wide. The proposed drainage easement has been widened to
accommodate the maximum channel section. Due to the many street crossings provided
along the channel, the need for wide bank maintenance areas will not be required
6d. Easement for Water, Sanitary Sewer and Storm Drainage:
The combination twenty (20) foot drainage and utility easement has been widened to
twenty-five (25) foot to provided fifteen feet on one side of the property line and ten (10)
feet on the other side. This configuration will allow for the proposed sanitary sewer
service to be installed on one lot, while the proposed drainage channel will be across two
(2) lots.
6e. Provided Additional Drainage Easements:
Additional drainage easements have been provided along the rear property lines of
blocks C, D, and E. All drainage structures will be designed to the one hundred year
(100yr) storm frequency to allow all flows to pass through the site per previous
discussions with the city engineering staff. Due to the lack of development, formal
infrastructure, and defined drainage paths downstream of the site, no additional offsite
easements will need to be provided.
Item numbers 7, 8, 9, and 10a have been addressed on the revised Development Plan.
Item numbers 10b and c are not applicable to the revised Development Plan.
1:1prg1012479021doc1Dev RespUrO62299.doc
Item numbers 10d,e, f, g, h, and i have been addressed on the revised Development Plan.
10j. Show and Label Tree Cover:
Areas of tree cover have been provided on the aerial photograph submitted with the
original development package.
Item number 10k has been addressed on the revised Development Plan.
Item numbers 11, 12, 13, and 14 have been addressed on the revised Development Plan.
Building Inspection Comments:
All items are informational comments only.
Fire Marshal Comments:
1. Provided Alternate Street Names:
Both Royal Lane and Cornerstone Drive have been renamed to Prince Court and
Cobblestone Drive.
All remaining comments are informational comments.
Engineerina Comments:
General Comments:
General comments one (1) through four (4) are informational comments only.
Item numbers 5, 6, Tand 8 have been addressed on the revised Development Plan.
Easement Comments:
1. Align Drainage Easement:
Drainage easements will be provided on one lot for the underground drainage system.
Due to the magnitude of the surface drainage system design, each lot along the channel
will share in providing area for channel flow.
2. Offsite Drainage Easement:
Due to the lack of development, formal infrastructure, or defined drainage paths
downstream of the property, we do not see the need for any downstream offsite
easements.
Water and Sanitary Sewer Comments:
All items in water and sanitary sewer comments have ,been addressed on the revised
Development Plan.
Do not hesitate to contact me, if there are any addition question on the above addressed items.
Sincerely,
Huitt-Zollars, Inc.
Kevin Spraggins, P.E.
Encl.
Cc: Ocie Vest — HZI
Donna Manhart - HZI
Paul Spain — TERRA Companies
1 T.W. King Easement
Lot 1, Block A, MTP-IBM Addition No. 1.
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City of Southlake, Texas
MEMORANDUM
‘111".'
July 2, 1999
TO: Billy Campbell, City Manager
FROM: Shawn Poe, Capital Projects Engineer
SUBJECT: Award of bid to Henderson Construction, L.P. for the construction of
sanitary sewer on Pine Drive
Action Requested: Award the bid to Henderson Construction, L.P. for the construction of the
sanitary sewer on Pine Drive.
Background
Information: As part of the 1998-99 CIP budget, the installation of sanitary sewer along
Pine Drive was programmed. The sanitary sewer will extend from Lilac
Lane to White Chapel. The sanitary sewer along Lilac Lane was recently
constructed.
Following the installation of the sanitary sewer along Pine Drive, the road
will be reconstructed under a separate contract. The design of the
(41■Pf reconstruction of Pine Drive is currently taking place.
Financial
Considerations: The 1998-99 CIP budget allocated $200,000 for the design and
construction of the sanitary sewer along Pine Drive. Six bids were
received with the low bid being from Henderson Construction, L.P. of Fort
Worth in the amount of$157,935.00 (see attached bid tabulation).
City Council approved the design and survey of the sanitary sewer and
reconstruction of Pine Drive on June 16, 1998 for the amount of$22,233.
The City has previously paid $3200.00 for testing services. Therefore, the
entire project cost including design, construction, and testing is
$183,368.00, which is below the budgeted $200,000.00.
Citizen Input/
Board Review: Doug and Amy Barrington are in the process of constructing a new home
at 315 Pine Drive. The expected completion date of their home is August
1999. In lieu of installing a septic system, the Barringtons plan to connect
to the sanitary sewer following the installation of the sanitary sewer.
Originally, staff proposed to construct a portion of the sanitary sewer
along Pine as a change order to the current contract with the contractor
that constructed the sanitary sewer along Lilac Lane so that service could
be provided to the Barrington property. However, staff received direction
5C - 1
City of Southlake, Texas
(147 from Council at the February 16, 1999 City Council Meeting to bid out the
Pine Drive sewer project in its entirety since it was already programmed in
the CIP budget. The section of sewer in front of the Barrington property
will be completed prior to the Barrington home being finished.
Legal Review: Not applicable
Alternatives: Not applicable
Supporting
Documents: Bid tabulation
Map Exhibit
Staff
Recommendation: Staff recommends that the City Council award the bid to Henderson
Construction, L.P. of Fort Worth in the amount of $157,935.00 for the
construction of the sanitary sewer along Pine Drive. Please place this item
on the July 6, 1999 Regular City Council Agenda for review and
consideration.
SEP/sep
Approved for Submittal to City Council:
Cit Ma ger's Office
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City of Southlake
Geographic Information Systems
City of Southlake, Texas
‘79'
MEMORANDUM
July 2, 1999
TO: Billy Campbell, City Manager
FROM: Ron Harper, Director of Engineering Services
SUBJECT: Resolution No. 99-55 regarding City of Southlake participation in Tarrant
County's Community Development Block Grant (CDBG) program for the
three program year period, fiscal year 2000 through fiscal year 2002
Action Requested: Approve Resolution No. 99-55 to execute a Community Development
Cooperation Agreement with Tarrant County for fiscal years 2000-2002
for the Community Development Block Grant (CDBG) program.
Background
Information: The City of Southlake has participated in the CDBG program since 1994.
Several improvements have been constructed in the past using CDBG
funds. These improvements include construction of a 12" water line along
Florence and Randol Mill and construction of sanitary sewer lines to serve
the Sutton Place Addition. The long range plan for CDBG participation in
future years includes drainage, water and paving improvements to serve
Sutton Place Addition (scheduled to begin July 1999) and sanitary sewer,
water, drainage, and paving improvements to serve the Oak Hill Addition.
Tarrant County has served as the lead agency to administer and assist with
the CDBG program each year with the City of Southlake. Article III,
Section 64 of the Texas Constitution authorizes Texas counties to enter
into cooperative agreements with local governments for community
development activities. In order for the City of Southlake to receive
funding under the CDBG program, it must enter into a cooperative
agreement with Tarrant County because cities with population under
50,000 are not eligible to participate in the CDBG program under its own
entitlement.
Financial
Considerations: By participating in the CDBG program, the City has the opportunity to
receive grant money for developing and upgrading the infrastructure for
target areas of low and moderate income. Already, the City has received a
total of $548,000 in CDBG grant funding since 1994 (see tabulation on
next page):
(kr.'
5D - 1
City of Southlake, Texas
CDBG Project Year Project Description CDBG Funding
1994 12" Waterline along Florence $120,000
1995 12" Waterline along Randol Mill $115,000
1996 Sanitary Sewer for Sutton Place $110,000
1997 Drainage for Sutton Place* $103,000
1998 Paving& Water for Sutton Place* $100,000
* Project will begin July, 1999
Citizen Input/
Board Review: None.
Legal Review: None.
Alternatives: Not applicable.
Supporting
Documents: Copy of Resolution No. 99-55
Staff
Recommendation: Staff recommends City Council approve Resolution #99-55 regarding City
of Southlake participation in Tarrant County's Community Development
Block Grant (CDBG) program for the three program year period, fiscal
(1°P.'
year2000 through fiscal year 2002. Please place this item on the July 6,
1999 Regular City Council Agenda for review and consideration.
Approved for Submittal to City Council:
rty anager's Office
(IfflI
5D - 2
RESOLUTION # 99-55
RESOLUTION REGARDING CITY OF Southlake PARTICIPATION IN TARRANT
COUNTY' S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE THREE
PROGRAM YEAR PERIOD, FISCAL YEAR 2000 THROUGH FISCAL YEAR 2002 .
WHEREAS, Title I of the Housing and Community Act of 1974 , as
amended through the Housing and Community Act of 1992 , establishes
a program of community development block grants for the specific
purpose of developing viable communities by providing decent
housing and suitable living environment and expanding economic
opportunities principally for persons of low and moderate income,
and
WHEREAS, Title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, establishes the HOME Investment
Partnership Act to expand the supply of decent, safe, sanitary and
affordable housing for very low-income and low-income Americans,
and
WHEREAS, Tarrant County has been designated an "Urban County"
by the Department of Housing and Urban Development entitled to a
formula share of Community Development Block Grant and HOME program
(hoe funds provided said County has a combined population of 200 , 000
persons in its unincorporated areas and units of general local
government with which it has entered into cooperative agreements,
and
WHEREAS, Article III, Section 64 of the Texas Constitution
authorizes Texas counties to enter into cooperative agreements with
local governments for essential Community Development and Housing
Assistance activities, and
WHEREAS, the City of Southlake shall not apply for grants
under the Small Cities or State CDBG Program from appropriations
for fiscal years during the period in which it is participating in
Tarrant County' s CDBG program, and
WHEREAS, the City of Southlake shall not participate in a HOME
consortium except through Tarrant County, regardless of whether or
not Tarrant County receives a HOME formula allocation, and
WHEREAS, through cooperative agreements Tarrant County has
authority to carry out activities funded from annual Community
Development Block Grant (CDBG) and HOME Program Allocation from
Federal Fiscal Years 2000 , 2001, and 2002 appropriations and from
any program income generated from the expenditure of such funds,
(liar and
WHEREAS, Tarrant County and the City of Southlake agree to
5D-3
cooperate to undertake, or assist in undertaking, community renewal
and low income housing assistance activities, specifically urban
renewal and publicly assisted housing, and
WHEREAS, Tarrant County will not fund activities in support of
any cooperating unit of general government that does not
affirmatively further fair housing within its own jurisdiction or
that impedes the county' s actions to comply with its fair housing
certification, and
WHEREAS, the City of Southlake has adopted and is enforcing a
policy prohibiting the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in
non-violent civil rights demonstrations and
WHEREAS, the City of Southlake has adopted and is enforcing a
policy of enforcing applicable State and local laws against
physically barring entrance to or exit from a facility or location
which is the subject of such non-violent civil rights
demonstrations within jurisdictions, and
WHEREAS, Tarrant County and the City of Southlake shall take
all actions necessary to assure compliance with the Urban County' s
certification required by section 104 (b) of Title I of the Housing
and Community Development Act of 1974 , as amended, including Title
(hope VI of the Civil Rights Act of 1964 , and Title VIII of the Civil
Rights Act of 1968 , section 109 of Title I of the Housing Community
Development Act of 1974 , and other applicable laws, and
WHEREAS, prior to disbursing any CDBG or HOME Program funds to
a subrecipient, Tarrant County shall sign a written agreement with
such subrecipient, and
WHEREAS, the City of Southlake agrees to inform the county of
any income generated by the expenditure of CDBG funds received and
that any such program income must be paid to the county to be used
for eligible activities in accordance with all Community
Development Block Grant and HOME Program requirements, and
WHEREAS, in accordance with 24 CFR 570 . 501 (b) , Tarrant County
is responsible for ensuring that CDBG funds are used in accordance
with all program requirements, including monitoring and reporting
to U. S . Department of Housing and Urban Development on the use of
program income and that in the event of close-out or change in
status of the city of Southlake, any program income that is on hand
or received subsequent to the close-out of change in status shall
be paid to the county, and
WHEREAS, the City of Southlake agrees to notify Tarrant County
of any modification or change in the use of the real property from
that planned at the time of acquisition or improvement, including
disposition, and further agrees to reimburse the County in an
5D-4
amount equal to the current fair market value (less any portion
thereof attributable to expenditure of non-CDBG funds) of property
acquired or improved with CDBG funds that is sold or transferred
for a use which does not qualify under the CDBG regulations, and
WHEREAS, any money generated from disposition or transfer of
property will be treated as program income and returned to the
county prior to or subsequent to the close-out, change of status or
termination of the cooperation agreement between county and the
City of Southlake;
NOW, THEREFORE, BE IT RESOLVED, by the City of Southlake, that
the City Council of Southlake, Texas supports the application of
Tarrant County for funding from Housing and Community Development
Act of 1974, as amended, and Cranston-Gonzalez National Affordable
Housing Act, as amended, and asks that its population be included
for three successive years with that of Tarrant County, Texas to
carry out Community Development Program Activities Eligible for
Assistance under Public Law 93-383 , and Affordable Housing
activities under Public Law 101-625, and authorizes the Mayor of
Southlake, Texas to sign such additional forms as requested by the
Department of Housing and Urban Development pursuant to the
purposes of the Resolution, and further that the City of Southlake,
Texas understands that Tarrant County will have final
responsibility for selecting projects and filing annual grant
(hwe requests .
BE IT FURTHER RESOLVED, this agreement will automatically be
renewed for participation in successive three-year qualification
periods, unless Tarrant County or the City of Southlake provides
written notice it elects not to participate in a new qualification
period. Tarrant County will notify the City of Southlake in writing
of its right to make to such election on the date specified by the
U. S . Department of Housing and Urban Development in HUD' s urban
county qualification notice for the next qualification period. Any
amendments or changes contained within the Urban County
Qualification Notice applicable for a subsequent three-year urban
county qualification period must be adopted by Tarrant County and
the City of Southlake, and submitted to HUD. Failure by either
party to adopt such an amendment to the agreement will void the
automatic renewal of this agreement .
This agreement remains in effect until CDBG, HOME funds, and income
received to the fiscal 2000, 2001, 2002 programs, and to any
successive qualification periods provided through the automatic
renewal of this agreement, are expended and the funded activities
completed, neither Tarrant County nor the City of Southlake may
terminate or withdraw from the agreement while the agreement
remains in effect .
(we Official notice of amendments or changes applicable for a
subsequent three-year urban county agreement shall be in writing
5D-5
r -
(Nre and be mailed by certified mail to the City Secretary of the City
of Southlake. Any notice of changes or amendments to this
agreement by the City of Southlake to Tarrant County shall be in
writing to the Tarrant County Community Development Division
Director.
PASSED AND APPROVED THIS day of , 1996
ATTEST: APPROVED:
CITY SECRETARY MAYOR
Commissioners Court Clerk County Judge
Approval Form- for District Attorney
Approved as to Form*
(kw *By law, the District Attorney' s Office may only advise or
approve contracts or legal documents on behalf of its clients . It
may not advise or approve a contract or legal document on behalf of
other parties . Our review of this document was conducted solely
from the legal perspective of our client . Our approval of this
document was offered solely for the benefit of our client . Other
parties should not rely on this approval, and should seek review
and approval by their own respective attorney(s) .
L
5D-6
City of Southlake, Texas
MEMORANDUM
June 25, 1999
TO: Billy Campbell, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Renewal of the Janitorial Services Contract
Action Requested: Approve the renewal of the Janitorial Services Contract
Background
Information: On June 2, 1998 the Council approved a janitorial services contract with
James Enterprise, Inc. The contract specifies an initial one year contract
period with the City's option on an annual basis, to continue the contract
for up to two additional years. Therefore, since the first year is
concluded, it is time to consider renewing the contract.
Financial
Considerations: Under the current contract the monthly cleaning charge is $2,010.82,
which is $24,129.84 annually. With the addition of the second floor of
the Public Works Center, $250 was added to the monthly charge. The
annual charge for the renewal contract is $27,129.84.
Citizen Input/
Board Review: None.
Legal Review: None.
Alternatives: Do not renew our current contract and advertise for other companies to
bid on the service.
Supporting
Documents: Rate breakdown submitted by James Enterprise, Inc.
Staff
Recommendation: Place the item July 6, 1999 Council Meeting Agenda for approval.
Approved for Submittal to City Council:
ity anager's Office
5E-1
JR►NES-ENTERPRISE Fax : 642-4373 Jun 23 22:59
' G
WiRLDWIDE ENTERPRISE,INC.
1402 ENTERPRISE DRIVE,#204
GRAND PRAIRIE,TX 75050
PH#(9'72)263-2911 -FAX#(972)642-4373
JAMES ENTERPRISE SERVICES UNLIMITED
JenitorMttLendanpirg Full Service Main
Bidder's Name James Enterprise
Bidder's Address 1102 Enterprise Dr.,#204
Guild Prairie,TX 75050
Bidder's Telephone No. (972j 263-2911
Bidder.s Facsimile No. 2, -
Authorized Signature:
Printed Signature: Neva 19fr
All bid responses are required to be signed by an authorized representative of the
bidding entity. Bid responses received unsigned will not be considered.
MONTHLY ANNUAL
CHARGE CHARGE
City Hall 2C M j 1790.00
City Hall Annex 61.50 738.00
Community Building(Parks) 286.87 3442.44
Lodge Building(Parka) 5242 630-00
Public Works Facility 614.95 7374.40
Senior Center 262.50 3150.00
TOTAL BID 2260.82 27129.84
L
5E-2
City of Southlake, Texas
MEMORANDUM
July 2, 1999
TO: Billy Campbell, City Manager
FROM: Shawn Poe, Capital Projects Engineer
SUBJECT: Authorization to advertise for bids for the relocation of an 18" water line at
the intersection of Dove and State Highway 114
Action Requested: Authorize staff to advertise for bids for the relocation of an 18" water line
located at the intersection of Dove and S.H. 114.
Background
Information: Prior to reconstructing S.H. 114, all utilities within the state right-of-way
must be relocated that conflict with the proposed highway improvements.
The portion of the S.H. 114 reconstruction that includes the Dove
intersection is scheduled to be bid out in August 1999. Construction is
scheduled to begin by March 2000.
There is an 18" water line that crosses S.H. 114 along the north side of
Dove (see attached exhibit). This water line is in conflict with the
proposed highway improvements.
Financial
Considerations: In the FY1998-99 CIP budget, $269,600 was appropriated for the design,
surveying and construction costs to relocate the 18" water line at the
intersection of Dove and S.H. 114.
Citizen Input/
Board Review: Not applicable.
Legal Review: Not applicable.
Alternatives: Not applicable.
Supporting
Documents: Map exhibit
Staff
Recommendation: Staff recommends that the City Council authorize staff to advertise for
bids for the relocation of an 18" water line at the intersection of Dove and
S.H. 114. Please place this item on the July 6, 1999 Regular City Council
Agenda for review and consideration.
SF - 1
City of Southlake, Texas
C
SEP/sep
Approved for Submittal to City Council:
Cit Ma ger's Office
C
5F - 2
City of Southlake, Texas
MEMORANDUM
TO: Billy Campbell, City Manager
FROM: Lauren Safranek, Director of Human Resources
SUBJECT: Resolution No. 99-56 Amending Chapter 6 Section 1B of the Employee
Handbook to Include Martin Luther King, Jr. Day as an Official City Holiday
Action Requested: Adopt Resolution No. 99-56 amending Chapter 6 Section 1B of the Employee
Handbook to include Martin Luther King, Jr. Day as an official City holiday.
Background
Information: Attached is a resolution that would amend the personnel policies to include
Martin Luther King, Jr. (MLK) Day as an official City holiday. This holiday
would be recognized on the third Monday of January, and would bring the
total City holidays to ten (10).
Financial
Considerations: None
(1111[Ii
Citizen Input/
Board Review: Not applicable
Legal Review: Not applicable
Alternatives: Not approve the MLK day
Supporting
Documents: Resolution No. 99-56
Staff
Recommendation: Approved MLK day as an official City holiday.
Approved for Submittal to City Council:
ity nager's Office
5G- I
(we RESOLUTION NO. 99-56
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE TEXAS, AMENDING CHAI'lEl( 6 SECTION 1B OF THE
CITY OF SOUTHLAKE EMPLOYEE HANDBOOK TO INCLUDE
MARTIN LUTHER KING, JR. DAY AS AN OFFICIAL CITY HOLIDAY.
WHEREAS, City of Southlake (the "City") extends nine (9) paid holidays to every
regular employee; and
WHEREAS, City holidays currently include: New Years Day, Good Friday, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas
Eve, Christmas Day; and
WHEREAS, On the third Monday of January the Nation recognizes Dr. King's fight
for freedom, equality, and dignity of all races and people and the message of change through
nonviolence; and
WHEREAS, the City Council recognizes contributions that Dr. King made during his
(1., life for all races and all people,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, THAT:
Section 1: The City include Martin Luther King, Jr. Day as an official holiday.
Section 2: That the City of Southlake hereby amends Chapter 6 Section 1B of the Employee
Handbook as follows:
B. The following official holidays will be observed:
1. New Years Day (January 1)
2. Martin Luther King, Jr. Day (third Monday in January)
3. Good Friday (Friday before Easter)
4. Memorial Day (Last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Thanksgiving Day (fourth Thursday in November)
8. Day after Thanksgiving (fourth Friday in November)
9. Christmas Eve (December 24); and
10. Christmas Day (December 25).
5G - c
RESOLUTION NO. 99-56
Page 2.
(Jr'
Section 3: This resolution shall become effective after its sae and adoption bythe City
g P
Council.
PASSED AND APPROVED THIS THE DAY OF , 1999.
Rick Stacy, Mayor
ATTEST:
Sandra L. LeGrand, City Secretary
C
C
5G-3
City of Southlake, Texas
STAFF REPORT
July 2, 1999
CASE NO: ZA 99-040 PROJECT: Plat Showing—Lots 3 and 4,J. Childress No.253
Addition
STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787
Attached is a letter from the applicant requesting to table this item to the July 20, 1999, City Council
meeting.
L:\COMDEV\WP-FILES\MEMO\99CASES\99-040PS.TBL
L
JUN-30-99 WED 02 :34 PM J. MIchaeI Tate. D. D. S. 3291296 P.01
6-30-1 M FROM SOUP-CAKE COM DCV 017.100037O P 1
Date: June 30, 1999
Planning Department
City of Sout lake
1721 E. Suuthl:.ke Blvd.. Ste. 10U
Suuthlake, TX 76092
Re: Case No.99-040, Plat Showing Lots 3&4, John Childress No. 253 Addition
Dear Sirs:
un Denali or me property owner, Phillip D. Fanning, I lieteby 1L'llucst 111:1t llx City
Council table the a1+ovA taffwrcei cm until the City Council meeting on July 20.
1999.
Sincerely,
Signature: 4Z/ 2, .?Lac
Printed Name: Cynthia Fanning
RECO JUN 3 0 199
9
N\COMMUNITY DEvELOPM>S.siT\WP•FU.ES\PORMS\LTR\TBI.RQSTCC.I)0C
City of Southlake, Texas
STAFF REPORT
July 2, 1999
CASE NO: ZA 99-032 PROJECT: Ordinance No. 480-312 /Second Reading/
Rezoning and Concept Plan-Southlake
Boulevard Presbyterian Church
STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743
Dennis Killough, Senior Planner, 481-5581, ext. 787
REQUESTED ACTION: Zoning Change on property legally described as Tract 1D5 situated
in the A. A. Freeman Survey, Abstract No. 522, and being
approximately 5.169 acres.A Concept Plan for Southlake Boulevard
Presbyterian Church will be considered with this request.
PURPOSE: Zoning/Concept Plan approval required for development.
LOCATION: On the north side of West Southlake Boulevard (F.M. 1709)
approximately 480' west of Southridge Lakes Parkway.
OWNER: Grace Presbytery
APPLICANT: Southlake Boulevard Presbyterian Church
CURRENT ZONING: "C-3" General Commercial District
REQUESTED ZONING: "CS" Community Service District
LAND USE CATEGORY: Retail Commercial and Office Commercial
NO.NOTICES SENT: Seventeen(17)
RESPONSES: Three (3)responses were received from within the 200' notification
area:
• Paul D. Miller, 108 San Jacinto Court, Southlake, TX undecided,
"1. 10' high brick fence to control noise and security. 2. Control
lighting height and intensity — High School and Gas station
already a problem. 3.Need a berm buffer similar to the one on the
west w/pines. 4. No 2 story structure. 5.Keep the existing trees
in place." (Received June 1, 1999.)
L
"74 - 1
City of Southlake, Texas
• Sandra D. Smith, 106 San Jacinto Court, Southlake, TX
undecided, "1. Lighting, 'put brick fence be nice!' 2. The traffic
for 1709. 3. Water run off, the noise level of the day care. Pine
trees along fence line would be nice." (Received June 2, 1999.)
• Michael McLendon, DDS, 110 San Jacinto Court, Southlake, TX
undecided, "According to the Site Plan,there is no use indicated
for the land directly behind the La Petite Daycare property. Will
this land be used or maintained? Also, will any of the buildings
on the church site be more than one story tall? If so, could those
structures encroach on the privacy of the residents in Southridge
Lakes; those whose property borders the church property?"
(Received June 4, 1999.)
P&Z ACTION: June 3, 1999; Approved (7-0) subject to Concept Plan Review
Summary No. 3, dated May 28, 1999, deleting Item#1.a(driveway
spacing); deleting Item#1.b but requiring the applicant to move the
west entry as far north as possible and make it wide enough to meet
the Fire Marshal's approval but not allowing any parking spaces to be
extended any closer to F.M. 1709 (no further south than what is
shown on plans); allowing Item #2.b (perimeter bufferyards) as
shown; and acknowledging the applicant's agreement to provide a
sidewalk along F.M. 1709.
COUNCIL ACTION: June 15, 1999;Approved(7-0)First Reading subject to Concept Plan
Review Summary No. 3, dated May 28, 1999, and per P&Z's
recommendation except also allowing the stacking as shown on the
west. Not in the motion was a recommendation for them to pay
particular attention to the lighting and landscaping/bufferyards
adjacent to the residences - (suggested a berm and pine trees even if
the berm encroached into 20'DUE-if okay with engineering)in lieu
of fencing, and also suggested that the dumpster be relocated on the
west side away from the residences.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated May 28,
1999.
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TUN-01-1999 12:55 P.01
`+� TERRY R. CUNNINGHAM
ARCHITECTS
June 1 ,1999
Ms.Lisa Sudbury
City of Southlake
Southlake,Texas 76092
Rd: Southlake Boulevard Presbyterian Church ZA 99-032
Reply to Comments of 5/28/99 on Concept Plan
Ms. Sudbury
In written response to the comments of Review Number Three(3)we offer the
following:
1.It is our intent to leave the locations of the existing drives as they are.As on our latest
Concept Plan dated 5/11/99 we have widened the west drive to 37.5 ft and propose •
modifying the existing radii to 30 ft. We propose modifying the east drive radii to 30 ft
on the west side and 20 ft on the east side in an attempt to save the 16 inch oak on that
corner.
As regards to the stacking depths,on the east side we have 300 ft from the front
property line to the first turn into our policing area. On the west side we have 24 ft from
our west property line to the first parking lot intersection.This is a total of 324 ft with
,,, only 200 ft required. Also,please consider that the peak stacking times will be in the
Sunday ant period.Please note that this item was not raised for discussion at the DRC
meeting of 5/6/99.
2. The bufferyard and landscaping charts we included since we had already calculated the
information and to show our intent to adhere to the landscape ordinance.
The cast bufferyard cannot be placed on the east property line due to the existing
common driveway.This existing driveway is tight against our eastern property line.
3.Land use designations are indicated on our 5/11/99 concept plan for these lots-but are
listed retail/office. We acknowledge that Lot 5 is only retail and that lots 13& 14 are
only office.Our future plans will indicate this correction.
4.We are still investigating the addition of the sidewalk along Southlake Blvd.
5. The Case number ZA99-032 is on our Concept Plan.
6.We are having conversations with the adjacent owners to receive letters about
pavement modifications.There already exist common access casements on both
driveways.
Lie
1903 CENTRAL DRIVE SUITE 401 BEDFORD,TEXAS 76021 (817) 3544289
ilk 5
REC'DJ*,.Jsv 011999
JUN-01-1999 12:55 P.02
7. It is our intent at this time to meet all requirements of the residential adjacency and
corridor overlay zone ordinances.
8. The tree preservation comments are noted. We will make every effort to meet the
requirements of the tree ordinance. In the first phase of development we will only remove
one tree which falls in a firelane. Eventually,three more trees for a total of four will be
removed. Two of these fall in the building pad zone.
9. Engineering comments are noted and will be addresses in future plan submittals
10. Fire Marshal comments are noted and will be addressed in future planting.
Please contact me if you have a went.
Sincere' dhbpcl bpccity01
41A1W
4111,
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TOTAL P.O2
City of Southlake, Texas
CONCEPT PLAN REVIEW SUMMARY
Cr; Case No: ZA 99-032 Review No: Three Date of Review: 05/28/99
Project Name: Concept Plan for CS Zoning for Southlake Boulevard Presbyterian Church,
Southridge Lakes Addition,Phase C-1,Lot 3
APPLICANT: ARCHITECT:
Southlake Boulevard Presbyterian Church Terry R. Cunningham Architects
P.O. Box 93164 1903 Central Drive, Suite 401
Southlake, Texas 76092 Bedford,Texas 76021(817) 354-4289
Phone: (817)431-5110 Phone: (817) 354-4289
Fax: (817)431-5110 Attn. Rev.Beaugh Fax: (817) 571-0034 Attn T. Cunningham
f CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/10/99 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS
OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT.862.
General Development Standards Applies Comments
Corridor Overlay Regulations Y See Informational Comments for Site Plan Preparation
Residential Adjacency Y See Informational Comments for Site Plan Preparation
Building Articulation Y See Informational Comments for Site Plan Preparation
Masonry Standards Y See Informational Comments for Site Plan Preparation
Impervious Coverage Y Complies
Bufferyards Y See Comment No.2 and Informational Comments for Site Plan
Preparation
Interior Landscape Y See Informational Comments for Site Plan Preparation
Driveways Y See Comment No. 1
This rezoning and concept plan is accompanied by an SUP request for a Mother's Day Out Program,ZA 99-
033.
1. Although all driveways accessing the public right-of-way are existing,due to an apparent increase in
the daily design hour of 20%or more created by this development,the following changes are needed
regarding driveways per the Driveway Ordinance no. 634:
a. Connections to public right-of-way must be in compliance with the minimum spacing
requirements,as follows:
Driveway Centerline
to Intersecting R.O.W.Line Req'd Existing Deficiency
S acin S acin
East Drive to Southridge Lakes Parkway 500' 498' 2'
1
��1
City of Southlake,Texas
West Drive to Corporate Drive 500' 185' 315'
(i1;# Driveway CL to Driveway CL Req'd Existing Deficiency
Spacing Spacing
East Drive to West Drive 500' 467' 33'
(P&Z Action 6/3/99:Accept driveways as shown.)
b. Connections to public right-of-way must be in compliance with the minimum stacking depths,
as follows:
Driveway Req'd Existing Deficiency
Stacking Stacking
West Drive 100' 20' 80'
East Drive into Day Care 100' 40' 60'
(P&Z Action 6/3/99:Accept the east driveway as shown, but requiring the applicant to move the
west entry as far north as possible and make it wide enough to meet the Fire Marshal's
approval but not allowing any parking spaces to be extended any closer to F.M. 1709 (no
further south than what is shown on plans)
2. The following changes are needed regarding landscaping:
a. Remove the bufferyard and interior landscape charts from the Concept Plan. Bufferyards and
landscaping will be evaluated with individual site plans. Any intended phasing must be
approved by P&Z and Council with individual site plans.
b. Bufferyards should be placed along the outer perimeter of a lot or boundary line. This plan
proposed relocating the east bufferyard to the west side of the existing driveway.
(P&Z Action 6/3/99:Allow the east bufferyard as shown.)
3. Correct the following Land Use Designations:
Lot 5,Southridge Lakes—L.U.D.=Retail Commercial
Lots 13&14,Southridge Lakes—L.U.D.=Office Commercial
P&Z Action: June 3, 1999;Approved(7-0)subject to Concept Plan Review Summary No. 3, dated May 28,
1999, as noted above and with the following modifications:
• acknowledging the applicant's agreement to provide a sidewalk along F.M. 1709.
* The City Master Trail Plan does not require a trail along Southlake Boulevard, however, it appears
the adjoining properties have provided walks. Contact the Parks Department regarding any potential
park fee credits for providing a sidewalk.
* Although not required by ordinance,staff would appreciate placing the City case number"ZA99-032"
in the lower right corner for ease of reference.
2
11A-8
City of Southlake,Texas
* A letter of permission and/or common access easement must be obtained from the adjacent property
owner(s)prior to issuance of a building permit for the construction of the off-site pavement.
* Please note,before a building permit may be issued, a Plat must be processed and filed in the County
Plat Records,a Site Plan must be approved by the Planning&Zoning Commission and City Council,
and a fully corrected Site Plan must be submitted to the Building Department along with landscape
plan, irrigation plan, building plans, and all required fees. Required fees may include but not be
limited to the following fees: Park Fee,Impact Fees, Tap Fees, and related Permit Fees.
* This review is based on the "CS" Zoning District Regulations.
* This site falls within the applicability of the residential adjacency standards as amended by Ordinance
480-CC, Section 43,Part III Residential Adjacency Standards. Although no review of the following
issues is provided with this concept plan,the applicant must evaluate the site for compliance prior to
submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning
Commission and City Council prior to issuance of a building permit. Note that these issues are only
the major areas of site plan review and that the applicant is responsible for compliance with all
site plan requirements:
• Masonry requirements per§43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as
amended.
• Roof design standards per§43.13b,Ordinance 480,as amended
• Mechanical Equipment Screening per §43.13c,Ordinance 480,as amended.
• Vertical and horizontal building articulation(required on all building facades)per§43.13d,Ordinance 480,
as amended.
• Building setback standards as per§43.13h and as shown in exhibit 43-E,Ordinance 480,as amended.
• Spill-over lighting and noise per§43.13i and§43.13j,Ordinance 480,as amended.
• Off-street parking requirements per§35,Ordinance 480,as amended. All areas intended for vehicular use
must be of an all weather surface material in accordance with the Ordinance No.480,as amended.
• Screening as per§39.4,Ordinance 480,as amended.
• Interior landscaping per Landscape Ordinance No. 544 and§43.9C3 and Exhibits 43-B and 43-C on Pages
43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in
§43.9C3h and Exhibit 43-D on Page 43-14,Ordinance 480,as amended.
• Fire lanes must be approved by the City Fire Department.
C
3
r Q
City of Southlake, Texas
* Although no review of the following issues is provided at the concept plan level, staff strongly
recommends that the applicant evaluate the site for compliance with the following sections of the city
ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site
plan review and that the applicant is responsible for compliance with all site plan requirements.
• Vertical and horizontal building articulation(required on the north,east, south,and west building facades)
per§43.9C 1 e,Ordinance 480,as amended.
• Masonry requirements per§43.9Cla,Ordinance 480,as amended and Masonry Ordinance No. 557.
• Interior landscaping per Landscape Ordinance No. 544 and§43.9C3 and Exhibits 43-B and 43-C on Pages
43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in
§43.9C3h and Exhibit 43-D on Page 43-14,Ordinance 480,as amended.
• Residential adjacency standards per§43.11 and Exhibit 43-E on Page 43-15,Ordinance 480,as amended.
• Spill-over lighting and noise per§43.12,Ordinance 480,as amended.
• Off-street parking requirements per§35,Ordinance 480,as amended. All areas intended for vehicular use
must be of an all weather surface material in accordance with the Ordinance No.480,as amended.
• Fire lanes must be approved by the City Fire Department.
* Denotes Informational Comment
cc: Reverend Mike Beaugh
Terry Cunningham
L:\ComDev\WP-FILES\REV\99\99032cp3presbychurch.doc
4
City of Southlake, Texas
CP;. TREE PRESERVATION ANALYSIS
(NON-RESIDENTIAL DEVELOPMENT)
Case: 99-032 Date of Review: 5 - 6-99 Number of Pages: 2
Project Name: Southlake Boulevard Presbyterian Church(Rezoning/Concept Plan)
OWNER: PREPARED BY:
Grace Presbytery USA Terry R. Cunningham Architects
1000 John Carpenter Frwy. 1903 Central Drive, Suite 401
Dallas,TX 75247 Bedford,TX 76021
Phone: (817)431-5110 Phone: (817)354-4289
Fax: Fax:
THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND
PROVIDES AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY
PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN,
LANDSCAPE ADMINISTRATOR AT(817)481-5581 EXT.848.
TREE PRESERVATION COMMENTS:
* Only trees within 6' of the building foundation, fire lanes,public utility or drainage easements and
required parking areas may be removed within the first phase of development.No trees outside of
the proposed first phase may be removed without a Tree Removal Permit and the applicant will be
required to replace the tree as specified in Section 5.1,of the Tree Preservation Ordinance 585-A.
* Grade Changes: No grade changes shall be allowed within the limits of the critical root zone of
any protected tree unless adequate construction methods are approved by the Landscape
Administrator or if grading is as directed by the City's Drainage Inspector.
* Preserved Tree: A protected tree shall be considered to be preserved only if a minimum of 75% of
the critical root zone is maintained at undisturbed natural grade and no more than 25% of the
canopy is removed due to building encroachment.
* All area within the public R.O.W., public utility or drainage easements as shown on an approved
Final Plat and the fire lanes, required parking areas and area within six feet (6') of the building
foundation as shown on an approved Site Plan shall be exempt from the tree protection and
replacement requirements specified in the Tree Preservation Ordinance 585-A.
(Me
BUILDING INSPECTIONS
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-312
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A
ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF
LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING
LEGALLY DESCRIBED AS TRACT 1D5 SITUATED IN THE
A. A. FREEMAN SURVEY, ABSTRACT NO. 522, AND
BEING APPROXIMATELY 5.169 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "C-3" GENERAL COMMERCIAL TO "CS"
COMMUNITY SERVICE DISTRICT AS DEPICTED ON THE
APPROVED CONCEPT PLAN ATTACHED HERETO AM)
INCORPORATED HEREIN AS EXHIBIT "B", 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
L:\CITYDOCS\ORD\CASES\484312.DOC
Page 1
ik -13
and general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "C-3" General
Commercial District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called
by the City Council did consider the following factors in making a determination as to whether
these changes should be granted or denied: safety of the motoring public and the pedestrians using
the facilities in the area immediately surrounding the sites; safety from fire hazards and damages;
noise producing elements and glare of the vehicular and stationary lights and effect of such lights
on established character of the neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street
parking facilities; location of ingress and egress points for parking and off-street loading spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on the
promotion of health ad the general welfare; effect on light and air; effect on the over-crowding
of the land; effect on the concentration of population, and effect on transportation, water,
sewerage, schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
L:\CITYDOCS\ORD\CASES\480-312.DOC
Page 2
1A LI
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,
tiw 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,
L:\CITYDOCS\ORD\CASESUE0-312.DOC
Page 3
/ - IS
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 Tract 1D5 situated in the A. A. Freeman Survey, Abstract No. 522, and
being approximately 5.169 acres, and more fully and completely described in
Exhibit "A" from "C-3" General Commercial District to "CS" Community Service
District as depicted on the approved Concept Plan attached hereto and incorporated
herein as Exhibit "B".
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City
of Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall
be subject to all the applicable regulations contained in said Zoning Ordinance and all other
applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are
not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both present
conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen
congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to
avoid undue concentration of population; and to facilitate the adequate provision of transportation,
L:\CITYDOCS\ORD\CASFS1480.312.DOC
Page 4
1A - lC
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.
tiv That the terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance
of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION S.
All rights and remedies of the City of Southlake are expressly saved as to any and all
L:\CITYDOCS\ORD\CASES1480-312.DOC
Page S
/A-I1
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.
L:\CITYDOCSIORD\CASESW 80-3I2.DOC
Page 6
.
PASSED AND APPROVED on the 1st reading the day of , 1999.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1999.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
L:\CITYDOCSIORD\CASF_S14843I2.DOC
Page 7
EXHIBIT "A"
•
Description for a tract of and in the A. A. FREEMAN SURVEY, ABSTRACT NUMBER 522,
C,r, of Southlake. Tarrant County, Texas. and being that tract of land described in a deed to
Grace Presbytery Presbyterian Church(USA), recorded in Volume 11419. Page 225, Deed
Records. Tarrant County. Texas, and being described by metes and bounds as follows:
BEGINNING at a 5/8"iron pin found with cap marked, "SEMPCO, INC."for the most westerly
northwest corner of said Grace Presbyterian Church tract and for the northeast corner of Lot
13, Block 6, SOUTHRIDGE LAKES, Phase C-1, as recorded in Cabinet A. Slide 4596, Plat
Records,Tarrant County,Texas, said pin also lying in the south line of Lot 24, Block 3,
SOUTHRIDGE LAKES, Phase I, as recorded in Cabinet A, Slide 468, Plat Records,Tarrant
County,Texas;
THENCE North 89 degrees 28 minutes 14 seconds East a distance of 57.50 feet to a 5/8"iron
pin found with cap marked,"SEMPCO, INC."for the southeast corner of Lot 24 and for the
most westerly southwest corner of Lot 23, in said Block 3;
THENCE South 40 degrees 46 minutes 42 seconds East at 16.5 feet passing 0.75 of a foot
east of a 5/8"iron pin found with cap marked, "SEMPCO, INC.", in all, a total distance of
334.41 feet to a 5/8"iron pin found with cap marked,"SEMPCO, INC."for the most southerly
southwest corner of Lot 20, Block 3, SOUTHRIDGE LAKES, Phase II, as recorded in Cabinet
A, Slide 467, Plat Records,Tarrant County, Texas,from which a 5/8"iron pin found bears 0.4
of a foot, South 02 degrees 46 minutes West;
THENCE North 89 degrees 32 minutes 02 seconds East a distance of 308.09 feet along the
south line of said Block 3 to a 5/8"iron pin found with cap marked,"SEMPCO, INC."for the
most northerly northeast corner of said of said Grace Presbyterian Church tract,and for the
northwest corner of Lot 1, Block 6, SOUTHRIDGE LAKES, Phase C-1, as recorded in Cabinet
A,Slide 657, Plat Records,Tarrant County,Texas;
THENCE South 00 degree 29 minutes 33 seconds East a distance of 57.02 feet along the
west line of said Lot 1 to a 5/8"iron pin found with cap marked,"SEMPCO, INC."for the
northeast corner of Lot 2, Block 6, SOUTHRIDGE LAKES, Phase C-1, as recorded in Cabinet
A. Slide 657, Plat Records,Tarrant County, Texas;
THENCE South 89 degrees 30 minutes 13 seconds West a distance of 126.02 feet to a 5/8"
iron pin found with cap marked, "SEMPCO, INC."for the northwest corner of said Lot 2,from
which a 5/8"iron pin found with cap marked, "SEMPCO, INC."bears 24.0 feet, South 89
degrees 37 minutes West;
THENCE South 00 degree 34 minutes 34 seconds East a distance of 328.16 feet to a 518"iron
pin found with cap marked,"SEMPCO, INC."in the north line of Wept Southlake Boulevard -
(Farm to Market Highway 1709)for the southeast corner of said Grace Presbyterian Church
tract and for the southwest corner of said Lot 2, from which a 1/2"iron pin found for the
southeast corner of said Lot 2 bears 125.5 feet, North 89 degrees 19 minutes East;
THENCE South 89 degrees 33 mites 05 seconds West a distance of 456.53 feet along the
north line of West Southlake Boulevard to a 1/2"iron pin found with cap marked,"AREA
SURVEYING"for the southwest corner of said Grace Presbyterian Church tract and for the
southeast corner of Lot 5, Block 6, SOUTHRIDGE LAKES, Phase C, as recorded in Cabinet
A, Slide 2199, Plat Records, Tarrant County, Texas;
THENCE North 00 degree 28 minutes 11 seconds West at 175.0 feet passing a 1/2"iron pin
found with cap marked,"AREA SURVEYING"for the northeast corner of said Lot 5 and for the
southeast corner of Lot 14, Block 6, SOUTHRIDGE LAKES, Phase C-1, as recorded in
Cabinet A, Slide 4596, Plat Reeds,Tarrant County,Texas, in all,a total distance of 640.04
feet to the POINT OF BEGINNING, said described tract containing 5.169 acres of land.
L:\CrrYDOCS\ORD\CASES\480.312.DOC A n
Page 8 r f�/
EXHIBIT "B"
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LACTTYDOCAORDTASES4I0-312.DOC .
Page 9
IA .'74
6 DATA a/" ll GaAltr
CURF TZONNG
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(DA l�t�lx DA7 Qir PR051Q01'f UOEB]
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BUILDNG LIKABLE SF
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ro (5 Nc )
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City of Southlake, Texas
STAFF REPORT
July 2, 1999
CASE NO: ZA 99-035 PROJECT: Revised Site Plan -Holt Dental Care
STAFF CONTACT: Dennis Killough, Senior Planner,481-5581, ext. 787
REQUESTED ACTION: Revised Site Plan for Holt Dental Care on property legally described
as Lot 1, Block 3, Diamond Circle Estates, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in
Volume 388-177,Page 7, Plat Records, Tarrant County, Texas, and
being approximately 1.073 acres.
PURPOSE: To acquire a building permit for 1,424 s.f. building add-on.
LOCATION: 600 E. Southlake Boulevard,being on the north side of East Southlake
Boulevard (F.M. 1709) approximately 325' west of Diamond
Boulevard.
OWNER: Holt Dental Care
APPLICANT: Blake Architects
CURRENT ZONING: "C-2" Local Retail Commercial District
LAND USE CATEGORY: Office Commercial
NO. NOTICES SENT: Nine (9)
RESPONSES: Three (3)responses were received from within the 200' notification
area:
• Bob Stevenson, 2113 Taxco Drive, Southlake, TX, in favor,"It is
a reasonable addition to the building. I would request that the
common Access Easement shown be required — it adjoins my
property and could prevent driveway problems in the future."
(Received May 27, 1999.)
• Richard O'Day, 921 Emerald Boulevard, Southlake, TX
undecided about, "I do not like the location of the parking.
Parking should be moved to the west edge of the property and
away from the Tinkam property. A privacy fence of brick 6 to 8
ft tall should be constructed." (Received June 2, 1999.)
L
16.1
City of Southlake, Texas
• Don Tinkham, 917 Emerald Boulevard, Southlake, TX in favor,
"Only if some consideration can be given to the existing wood
fence that divides the property directly behind. i.e.: replacement
w/brick."(Received June 3, 1999.)
P&Z ACTION: June 3, 1999; Approved (7-0) subject to Revised Site Plan Review
Summary No. 3,dated May 28, 1999, deleting Item#1 (articulation),
#3.a(driveway spacing), and#3.b(driveway throat depth).
COUNCIL ACTION: June 15, 1999; Approved (7-0) to table and to continue the Public
Hearing to the July 6, 1999, City Council meeting due to the
applicant's absence.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated May 28, 1999.
L:\COMDEV\WP-FILES\MEMO\99CASES\99-025ZS.W PD
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• 06/03/1399 1 3172513:05 BLAKE APCHITECTS PAGE 01
'" I ♦ Blake Architects
1202 South White Chapel Road•Suite A
Southlake,Texas•76092.517-488-9397
June 3, 1999
Planning and Zoning
City of Southlake
667 N. Carroll Ave.
Southlake, Texas 76092
Ref. Case No. 99-035, Revised Site Plan, Holt Dental Care
The following is in response to letter from City dated May 28, 1999
Item No. 1: The addition to the Building is very dose to meeting the requirements of the
Articulation Ordinance. The Addition is to the side and rear of the existing
Building and matches the existing character of the facility for an attractive
Colonial Style building. We therefore request a variance on this item.
Item No. 2: According to Survey information the existing fence is right on the property
line or slightly to our side of the property. The Owner will establish a letter
of agreement with the adjacent property owners stating that the Owner's
(Holt Dental Care)will take responsibility for maintenance of this fence.
Item No 3a: The 20%increase in auto traffic on the existing drive is still very minimal
considering we are only talking about a 35 car parking lot. The drive
location relationship cannot be changed in relationship to the other drives.
The property to the west has a residential drive that will probably change in
the near future with the development of that property. (Variance requested).
3b: The throat depth would be impossible to change due to the location of the
existing Holt Dental Care Building and the adjacent R-Max building's
existing parking lot tie-in. (Variance requested).
3c: The common access easement is agreed to by the Owner and will be
properly executed and filed as requested.
Item No. 4• The 20'slope easement is existing on the west property according to the
Surveyor and will be labeled and added to our drawings.
L
REC'D N 011999
Member American Institute of Architects
•
City of Southlake, Texas
SITE PLAN REVIEW SUMMARY
Case No.: ZA 99-035 Review No: Three Date of Review: 05/28/99
Project Name: Revised Site Plan-Holt Dental Care,being Lot 1,Block 3 Diamond Circle Estates
APPLICANT: ARCHITECT:
Holt Dental Care Blake Architects
600 E. Southlake Blvd. 1202 S. White Chapel Road. STE A
Southlake. TX 76092 Southlake.TX 76092
Phone : (817)488-1953 Phone : (817)488-9397
Fax : (817)488-9397 Attn: James Holt Fax : (817)251-3205 Attn: Skip Blake
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/10/99 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION,PLEASE CONTACT EDWARD MCROY AT(817)481-5581,EXT.880.
General Development Standards Applies Comments
Corridor Overlay Regulations Y See Comment No. 1.
Residential Adjacency Y See Comments No. 1 & 2
Building Articulation Y See Comment No. 1.
MasonryStandards Y Complies
P
Impervious Coverage Y Complies
Bufferyards Y Complies
Interior Landscape Y Complies
Driveways Y See Comments No. 3a.& 3b.
* Staff review of this revised site plan is limited to the new construction proposed and to the
impacts on the site as a result of this new construction.
1. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section
43.9.c.1.c. on all facades. Compliance with the articulation requirements is as shown on the
attached articulation evaluation chart. Please note that due to the location of the new addition,the
requirements apply to only the north and east building facades. The remaining building is as
previously approved. (P&Z Action 06/03/99 Delete)
2. Confirm if the brick and wood fence, indicated along the north property line, is within this site or
the adjacent residential property. It is the non-residential property which is required to provide the
(1 r� 8' high screening device. If the fence in question is within the residential property and if relief is
\r granted allowing this fence to satisfy the screening requirements, an agreement with the applicable
residential property owner or Home Owners Association must be established for the future
maintenance of this fence.
City of Southlake,Texas
3. Although the existing driveway was previously approved as shown,the following changes are
needed due to an increased parking lot impact of 20%or more on the existing drive according to
the Driveway Ordinance No. 634:
a. A minimum spacing of 500' is required between full access drives along F.M. 1709. The
existing drive is approximately 130' from the full access drive within the adjacent property
to the west and approximately 277' from the full access drive within the adjacent property
to the east. (P&Z Action 06/03/99 Delete)
b. Provide a minimum driveway throat depth of 75' for stacking. The existing drive along
F.M. 1709 provides approximately 41 feet of stacking. (P&Z Action 06/03/99 Delete)
C. The common access easement shown must be executed and filed of record prior to issuance
of a building permit.
4. If applicable,show and label the 20' slope easement shown along F.M. 1709 extending into the
adjacent properties to the east and west of this site.
* Where parking is provided between the building setback line and public R.O.W., shrubs obtaining
a mature height of three feet(3')or greater must be planted at a minimum spacing of thirty inches
(30")on center continuous along all paved edges of the parking or drive areas. This may require
additional shrubs over and above those required within the adjacent bufferyard.
* Please be aware that the Landscape Ordinance No. 544 is currently under revision which may
affect certain landscape requirements at the time of building permit."
* The proposed site does not exceed the maximum permitted impervious coverage area percentage
of 70%for the"C-2" Zoning District. The impervious coverage area percentage of this is
approximately 55%.
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* Protected trees cannot be removed outside of 6' from the proposed building without processing a
Tree Removal Permit or without approval by the Planning and Zoning Commission. Cuts or fills
within the limits of the critical root zone of protected trees are not permitted unless adequate
construction methods are approved by the Landscape Administrator.
* A permit from TxDOT must be obtained prior to modifying any curb cut along F.M. 1709.
* Denotes Informational Comment
att: Bufferyard Calculation Chart,Interior Landscape Summary Chart, Articulation Evaluation Chart
Ce cc: Holt Dental Care: VIA FAX ABOVE
Blake Architects: VIA FAX ABOVE
L:\COMD V\WP-FILES\REV\99\99035SP3.WPD
r
Articulation Evaluation No.3 ( Cry of Siuthlake,Texas
Case No. ZA 99-034Date of Evaluation: 05/28/99
CElevations for Holt Dental Care
O'Received: 05/10/99
Rear-facing: North Wall ht. = 18
Horizontal articulation Vertical articulation
Required Provided Delta Okay? Required Provided Delta Okay?
Max. wall length 54 63 17% No 54 31 -43% Yes
Min. artic. offset 3 6 100% Yes 3 5 67% Yes
Min. artic. length 16 30 88% Yes 8 5 -38% No
Right-facing: East Wall ht. = 18
Horizontal articulation Vertical articulation
Required Provided Delta Okay? Required Provided Delta Okay?
Max. wall length 54 53 53 Yes 54 41 -24% Yes
Min. artic. offset 3 21 21 Yes 3 6 100% Yes
Min. artic. length 13 8 8 No 8 8 0% Yes
City of Southlake,Texas
SUMMARY CHART-BUFFERYARDS
Holt Dental Care Bufferyard Canopy Accent Shrubs Fence/Screening
Length Width - Type Trees' Trees Height&Material
North Requiredb 160' 10'-F-1 5 10 13 F-1 Fence with
8'Screening
8'Brick&Wood Fence
East Required 252" 5'-A 3 5 20 None
None
South Required 134" 20'-O 5 4 19 None
None
West Required 276 10'-B 6 8 28 None
8'Brick and Wood
*Note any credits used in calculations or requested variances:
a. Excludes driveway curb cut width.
Other Comments:
1. A minimum of 50%of all canopy trees planted on the site must be 2"in caliper and 50%must be 4"in
caliper. This includes plantings in bufferyards as well as interior to the site.
SUMMARY CHART-INTERIOR LANDSCAPE
Required or Landscape Area %of area in Canopy Trees Accent Trees Shrubs Ground Cover
Provided (Sq.ft.) front or side (Sq.Ft.)
Required* 2,264' 75% 4 8 38 226
Provided 4,865 z75% 4 8 38 226
*Note any credits used in calculations or variances requested:
a. A 10%reduction in required interior landscaping area has been credited with the applicants agreement
to landscape the adjacent R.O.W.
Other Comments:
C
City of Southlake,Texas
Case No. 99-035 Review No. Two Resubmittal Dated: 5—6-99 Number of Pages: 1
Project Name: Holt Dental Care(Site Plan)
Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175
The following comments are based on the review of plans received on 04 - 26 - 99 . Comments
designated with a (#) symbol may be incorporated into the formal review to be considered by either the
Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z
or City Council. It is the applicant's responsibility to contact the department representative shown above
and make modifications as required by the comment.
LANDSCAPE COMMENTS:
* All bufferyards are labeled correctly.
* Since the applicant is increasing the floor area of the building by 30% he is required to provide
interior landscaping as well as bufferyard landscaping. The interior landscape requirements only
pertain to the square footage of the new construction.
* The applicant is proposing to provide the required plant material to bring the development into
compliance with the Landscape and Bufferyard Ordinances.
TREE PRESERVATION COMMENTS:
• There are no existing protected trees on the site.
C
BUILDING INSPECTIONS
LATreetADRC99\99-035r2
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City of Southlake, Texas
1 STAFF REPORT
July 2, 1999
CASE NO: ZA 99-038 PROJECT: Ordinance No. 480-314/First Reading/
Rezoning / Proposed Lot 4,J. Childress No.253
Addition
STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743
REQUESTED ACTION: Zoning Change on property legally described as a portion of Tract 1
situated in the John Childress Survey, Abstract No. 253, and being
approximately 5.270 acres.
PURPOSE: To plat property into one single family residential lot.
LOCATION: 1581 Randol Mill Avenue being on the south side of Randol Mill
Avenue approximately 760'east of Marantha Way.
OWNER/APPLICANT: Phillip D. Fanning
(lior CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "RE" Residential Estate District
LAND USE CATEGORY: Low Density Residential
NO. NOTICES SENT: Eight(8)
RESPONSES: Two (2) responses were received from within the 200' notification
area:
• William J. and Susan Purves, 1218 Morgan Road, Southlake, TX
in favor. (Received June 17, 1999.)
• P.B. Moore Jr, 1221 Morgan Road, Southlake, TX opposed,
"possible addition of street into Morgan Road." (Received June
17, 1999.)
P&Z ACTION: June 17, 1999; Approved(6-0).
STAFF COMMENTS: Please note that a change of zoning to the "RE" Residential Estate
District does not require a Concept Plan Review by Staff.
L:\COMDEV\WP-FILES\MEMO\99CASES\99-005Z.WPD
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AND ZONING
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-314
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED,THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A
ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF
LAND WITHIN THE CITY OF SOUTHLAKE,TEXAS BEING
LEGALLY DESCRIBED AS THE SOUTHERN PORTIOF
TRACT 1 SITUATED IN THE JOHN CHILDRESS SURVEi
ABSTRACT NO.253,AND BEING APPROXIMATELY5. "7
ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM a 4,7
AG CT TO SING1.4:E
RE i _ 'imam, 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
Cr' 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
L:\CITYDOCS\ORD\CAS ES\480-314.DOC
Page 1 //,,
WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural
District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and
WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages;noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location, lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population,and effect on transportation,water, sewerage, schools,parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the view
to conserve the value of the buildings,and encourage the most appropriate use of the land throughout
this City; and,
L:\CITYDOCS\ORD\CASES 4110.314.DOC
Page 2
eiA C
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
L:\CITYDOCS\ORD\CAS FS\480.314.DOC
Page 3
�� Flo
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being the southern portion of Tract 1 situated in the John Childress Survey,Abstract
No. 253, and being;approximately 5.270 acres, and more fully and completely
described in Exhibit "A" from "AG"Agricultural District to "RE" Single Family
Residential Estate District.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake,Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be
subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable
Cr'
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
L:\CITYDOCS\ORD\CASES\480.314.DOC
Page 4
�A -I
community. They have been made after a full and complete hearing with reasonable consideration
among other things of the character of the district and its peculiar suitability for the particular uses
and with a view of conserving the value of buildings and encouraging the most appropriate use of
land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas,affecting zoning and shall not repeal any of the provisions of said ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be
declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract
or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates,disobeys,omits,neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more
than Two Thousand Dollars($2,000.00)for each offense. Each day that a violation is permitted to
exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
L:\CITYDOCS\ORD\CASES4184314.DOC
Page 5
44,4
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 , 1999.
MAYOR
ATTEST:
CITY SECRETARY
L:\CITYDOCS1ORD\CASEM80314.DOC
Page 6
PASSED AND APPROVED on the 2nd reading the day of , 1999.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
(iv
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
L:\C ITY DnCS\ORD\CAS ES\484314.DOC
Page 7
dgA 10
EXHIBIT "A"
410,
L:1CI YDO(SWRDICASEM4 O-314.DOC
Page 8
(kw EXHIBIT "A"
PROPOSED LOT 3
FIELD NOTES
BEING A TRACT IN THE JOHN CHILDRESS SURVEY ABSTRACT NO. •253,
SITUATED IN THE CITY OF SOUTHLARE, TARRANT COUNTY, TEXAS,AND
BEING A PORTION OF THE TRACT DESCRIBED IN A DEED TO D.O.FANNING
OF RECORD IN VOLUME 2232, PAGE 35, DEED RECORDS, TARRANT COUNTY,
TEXAS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at a 1/2" iron found at the Southerly Southwest corner
of a tract out of the above referenced tract as described
in a Divorce Decree of record in Vol.10964, Page 815,
Deed Records, Tarrant County, Texas,said point being by
deed calls, S. 00-21 '-W. 626.3 feet, and N. 880-06'-
15" W. 317.5 feet from a stone monument at the Northeast
• corner of the above referenced Fanning tract;
THENCE N. 880-06 '-15"W. 277.50 to a point for corner;
THENCE N. 10-20'-03" W. 437.81 feet to a point for corner;
THENCE N. 420-31 '-29" W. 75.92 feet to a 1/2" iron found for
corner, being the most Easterly Northeast corner of
(1100 Lot 2, of the J. Childress No. 253 Addition to the
City of Southlake, as shown on a plat recorded in
Cabinet A, Slide 1966, Plat Records, Tarrant County
Texas;
THENCE N. 30002 '-32"W. 140.70 feet along the Easterly line
of said Lot 2, to a 1/2" iron found at the Northeast
corner of same in the South line of Randol Mill Avenue;
THENCE N. 880-17'-18" E. 31 .32 feet along said South line to
a 1/2" iron found in same for corner;
THENCE S. 42°-31 '-29" E. 249.49 feet along a Westerly line of
the tract described in Volume 10964, Page 815, above
referenced to a 1/4" iron found for corner;
THEMCE S. 890-18 '-48" E. 225.09 feet along a Southerly line
of the last referenced tract to a 1/2" iron found at
a ell corner of same;
THENCE S.10-57'-39" W. 365.73 feet along the most Easterly
West line of the last referenced tract to the POINT OF
BEGINNING and containing 3.093 acres.
C
L:\CITYDOCS\ORD\CAS ES14843I5.DOC
Page 8
City of Southlake, Texas
STAFF REPORT
July 2, 1999
CASE NO: ZA 99-039 PROJECT: Ordinance No. 480-315/First Reading/
Rezoning /Proposed Lot 3,J. Childress No. 253
Addition
STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743
REQUESTED ACTION: Zoning Change on property legally described as a portion of Tract 1
situated in the John Childress Survey, Abstract No. 253, and being
approximately 3.093 acres.
PURPOSE: To plat property into one single family residential lot.
LOCATION: 1581 Randol Mill Avenue being on the south side of Randol Mill
Avenue approximately 760' east of Marantha Way.
OWNER/APPLICANT: Phillip D. Fanning
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF-1A" Single Family Residential District
LAND USE CATEGORY: Low Density Residential
NO. NOTICES SENT: Six (6)
RESPONSES: None
P&Z ACTION: June 17, 1999; Approved(6-0).
STAFF COMMENTS: Please note that a change of zoning to the "SF-1A" Single Family
Residential District does not require a Concept Plan Review by Staff
L:\COMDEV\WP-FILES\MEMO\99CASES\99-005Z.WPD
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2B•3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-315
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED,THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A
ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF
LAND WITHIN THE CITY OF SOUTHLAKE,TEXAS BEING
LEGALLY DESCRIBED AS'ME NORTHERN PORTION OF
TRACT 1 SITUATED IN THE JOHN CHILDRESS SUR
ABSTRACT NO.253,AND BEING APPROXIMATELY 13
ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM ` '
AGRICULTURISTRIp TO"SF 1ASGLE Fw 34
RESWE11TTALx1 STRICT, 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
kor
general welfare, all in accordance with a comprehensive plan; and
L:\crrYDOCS\Ogo\CAS ES W&F315.DOC
Page 1 i A 4
•
WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural
District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and
WHEREAS,the City Council of the City of Southlake,Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages;noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location, lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population,and effect on transportation,water, sewerage, schools,parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the view
to conserve the value of the buildings, and encourage the most appropriate use of the land throughout
(r, this City; and,
L:\CIT'YDOCS\ORD\CASES1480-31 S.DOC
Page 2
•
(he
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
L:\CITYDOCS\ORD\CASFS1480.315.DOC
Page 3 1114.
•
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being the northern portion of Tract 1 situated in the John Childress Survey,Abstract
No. 253, and:being approximately 3.093 acres, and more fully and completely
described in Exhibit"A" from"AG"Agricultural District to"SF=1A"Sing e Family
Residential District.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas,to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be
subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable
and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections,
paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended
hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance
with the comprehensive plan for the purpose of promoting the health,safety, morals and the general
welfare of the community. They have been designed,with respect to both present conditions and
the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the
streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue
concentration of population; and to facilitate the adequate provision of transportation, water,
sewerage, drainage and surface water, parks and other commercial needs and development of the
community. They have been made after a full and complete hearing with reasonable consideration
L:\CITYDOCS\ORD\CASES\480-315.DOC
Page 4 I1 Q.t
•
among other things of the character of the district and its peculiar suitability for the particular uses
and with a view of conserving the value of buildings and encouraging the most appropriate use of
land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be
declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract
or tracts of land described herein.
SECTION 7.
Any person,firm or corporation who violates,disobeys,omits,neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more
than Two Thousand Dollars($2,000.00)for each offense. Each day that a violation is permitted to
exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
L, zoning which have accrued at the time of the effective date of this ordinance; and,as to such accrued
L:\C ITYDOCS\ORD\CAS ES1480.315.DOC
Page 5
•
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 , 1999.
MAYOR
ATTEST:
CITY SECRETARY
L:\CITYDOCS\ORD\CASFS1484315.DOC
Page 6
4V�
PASSED AND APPROVED on the 2nd reading the day of , 1999.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
r CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
L-
LACITYDOCSIORMASESUS0-315.DOC
Page 7
i8.10
(we
EXHIBIT "A"
PROPOSED LOT 4
FIELD NOTES
BEING A TRACT IN THE JOHN CHILDRESS SURVEY ABSTRACT NO. 253,
SITUATED IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND
BEING A PORTION OF THE TRACT DESCRIBED IN A DEED TO D. 0. FANNING
OF RECORD IN VOLUME 2232, PAGE 35, DEED RECORDS, TARRANT COUNTY,
TEXAS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at a 1/2" iron found at the most Southerly Southwest corner
of a tract out of the above referenced tract as described
in a Divorce Decree of record in Volume 10964, Page 815,
Deed Records, Tarrant County, Texas, said point being by
deed calls, S. 0021 ' W. 626. 3 feet and N. 880;064-15" W.
317.5 feet from a stone monument at the Northeast corner
of the above referenced Fanning tract;
THENCE S. 880-06 '-15" E. 317.28 feet with the general course of
an old fence to a 1/2" iron found at a fence corner for
the most Easterly Northeast corner of the herein described
tract;
THENCE S. 00-14'-24" W. - 316. 23 feet with the general course of
an old fence to a 1/2" iron found at a fence corner;
THENCE N. 890-11 '-43" W. 635.56 feet with the North line of
a tract described in a deed to Maxine V. Beam of record
in Volume 4560, Page 782, DRTCT, to a 5/8" iron found in
same at the Southeast corner of Lot 2, of the J. Childress
No. 253 Addition to the City of Southlake, Tarrant County
Texas, as shown on a plat recorded in Cabinet A, Slide
1966, Plat Records, Tarrant County, Texas;
THENCE N. 10-20'-03" W. 820.86 feet to a 1/2" iron found for
a corner of said Lot 2;
THENCE S. 420-31 '-29"E. 75.92 feet to a point for corner;
THENCE S. 10-20 '-03" E. 437.81 feet to a point for corner;
THENCE S. 880-06 '-15" E. 277.50 to the POINT OF BEGINNING
and containing 5. 270 acres.
L:\CITY DOCSIORD\CASES\480-315.DOC
Page8
City of Southlake, Texas `4
MEMORANDUM
July 2, 1999
tikirpe TO: Billy Campbell, City Manager
FROM: Kevin Hugman, Director of Community Services
SUBJECT: Authorization to enter into a management agreement with Mr. William L.
Bryan for the management of the Southlake Tennis Center.
Action Requested: City Council consideration for approval of tennis center management
agreement with Mr. William L. Bryan.
Background
Information: In late 1998, staff met with representatives of the Parks and Recreation
Board and Northeast Tarrant Tennis (NETT) to discuss options for
managing the planned tennis complex in Bicentennial Park. Staff had
researched area tennis centers and found that there were a number of
options available, ranging from entirely operated by City staff to entirely
contracted.
The City's goal is to operate a first-class municipal tennis complex,
(Ilbspe serving the needs of Southlake residents and capable of attracting top
quality tennis professionals to the center. Since the center will consist of
several inter-related businesses, it was extremely important that it be
operated in a cost-efficient business-like manner. In order to attract a
top tennis professional / manager to the Southlake Tennis Center, it was
determined that a contract arrangement, wherein the contractor would be
compensated through the revenues of the center, afforded the best
solution to achieving the goal at the least expense to the City.
There were over 28 resumes submitted for the position. NETT
representatives reviewed the candidates and submitted a list of their top
four choices to staff. Staff and Park Board members also reviewed the
applicants, looking specifically for experience in managing and/or
owning and operating a tennis center, in addition to professional
expertise. Staff selected three hhly qualified candidates to interview,
two of whom were also on NETT's list. Interviews were conducted on
May 24 and May 25. After review and consideration, staff selected Mr.
William Bryan of New Orleans to enter into contract negotiations with.
Mr. Bryan's credentials include the following:
• Head Tennis Professional for almost nine (9) years at a 400 member
Country Club. This facility operates eleven (11) courts, has six full
(me time employees, and several part time employees.
N:\Parks&Recreation\BOARDS\CC\1999\Qtr 3\bryan.doc 1OA - 1
`Billy Campbell, City,Manager..
July 2, 1999
Page 2
• Owner of Racquet Club and responsible for memberships, accounts
payable and receivable, pro shop management, and organizing club
activities, procedures, and programs.
• Five (5) years sales experience building upon a B.S. in Business
Administration from the University of Southwestern Louisiana
(USL). Mr. Bryan was a recognized scholarship athlete on the tennis
team at USL.
Financial
Considerations: The contract stipulates that the City will retain 25 percent of all court
usage fees. Court usage fees are defined as annual membership usage
fees, hourly court usage fees, and all court usage fees associated with
group and individual lessons, drills, leagues and camps. The City will
also receive 25% of all meeting room fees. In addition, when tennis
center gross revenues in a fiscal year exceed $250,000, the City's
retainage will increase to 30% of court usage fees.
Staff has estimated City revenues and expenditures for the center based
on data from similar sized tennis centers such as Hurst and North
Richland Hills. Estimated expenses for the Center amount to $35,000
for all physical structure maintenance such as windscreens, nets, etc.,
landscape maintenance, and electric utilities. In two to three years, this
is expected to increase an additional $10,000 as the City begins annual
resurfacing of courts.
Estimated revenues have been calculated based on a conservative
percentage of 40% court use, assumed number of memberships and
usage fees, and data from other tennis centers. Staff estimates the City's
revenues to be in the range of $39,000 to $48,000. These revenues are
based on the 25% retainage by the City.
Citizen Input/
Board Review: Parks and Recreation Board reviewed the contract guidelines prior to
advertising for the position at their October 12, 1998 meeting, and again
at their June 7, 1999 meeting. The management agreement is based on
these guidelines.
Legal Review: The City Attorneys have assisted in drafting the management agreement.
Alternatives: (1) Changes to City retainer percentages.
(2) City staff operate and maintain tennis center.
Supporting
L Documents: Management agreement
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•
July 2, 1999
Page 3
Staff
Recommendation: City Council consideration of management agreement with Mr. William
L. Bryan for management of the Southlake Tennis Center.
Approved for Submittal to City Council:
City , 'ger's Office
4111.
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MANAGEMENT AGREEMENT
THIS TENNIS CENTER MANAGEMENT AGREEMENT ("Agreement") is made
between the City of SOUTHLAKE, Texas ("City"), a municipal corporation, and WILLIAM
LEE BRYAN("Bryan").
WHEREAS, City desires that Bryan manage the operation of the City's tennis center;
NOW, THEREFORE,
CITY AND BRYAN AGREE as follows:
ARTICLE 1. DEFINITIONS
Unless the context clearly indicates otherwise, in this Agreement:
BEGINNING DATE means the date on which City gives Bryan written notice to begin
management of the tennis center.
FISCAL YEAR means the period beginning October 1 of any year and ending September
30 of the following year.
_ TENNIS CENTER means the property and all improvements located on the Property,
including, but not limited to the clubhouse.
OPENING DATE means the date on which the tennis center first opens for general
public use.
OPERATING ADVANCE ACCOUNT means an interest-bearing account maintained by
Bryan for the deposit of funds received from customers for the operations of the tennis center.
PROPERTY means the land on which the tennis center is located as indicated on the map
attached as Exhibit A, at 450 W. Southlake Boulevard, Southlake, Texas.
STANDARD COMPARABLE TO SPECIFIED TENNIS CENTERS IN THE REGION
.means a standard of operation comparable to the operation of moderately priced private tennis
centers and the best municipal tennis centers in the region, including, but not limited to
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municipal tennis centers in Fort Worth, Arlington, North Richland Hills, and the Bernard
Frieman Tennis Center at Texas Christian University.
ARTICLE 2. GENERAL REQUIREMENTS
§2.1 Management of the tennis center. City hires Bryan as its agent to manage,
supervise, and operate the tennis center in accordance with this Agreement. City delegates to
Bryan the responsibility and authority to implement operating policies, which must be approved
by City, charge fees, and take other actions necessary to operate the tennis center in a manner
that meets a standard comparable to specified tennis centers in the region.
§2.2 Independent contractor. Bryan is an independent contractor with respect to the
City and nothing in this Agreement and its performance shall create the relationship of employer
and employee. Nevertheless, Bryan agrees to seek advice from City and cooperate with City in
his management of the tennis center.
§2.3 Use of the property. City grants to Bryan the use and possession of the property
during the term of this Agreement for the purposes of managing and operating the tennis center ,
subject to the rights of City under this Agreement.
§2.4 City's right to inspection. City and its representatives have the right at all
reasonable times to enter upon and to examine and inspect the tennis center for any reason. In
the event of a default, City has the right of access to the tennis center that is reasonably
necessary to cause the proper maintenance of the tennis center.
ARTICLE 3. TERM.
§3.1 Term. The term of this agreement is three years beginning on the date that City
gives Bryan written notice to begin management of completed areas of the tennis center
(beginning date), unless terminated earlier under one of ttte following provisions. It is
anticipated that the beginning date will precede the opening date by several weeks to enable
• Bryan to begin management,marketing, and maintenance of the tennis center.
•
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ARTICLE 4. RESPONSIBILITIES OF BRYAN.
§4.1 Operation of the tennis center. In the management, supervision, and operation of
the tennis center, Bryan shall:
(a) operate the tennis center as a municipal tennis center, open to the general public
without discrimination, subject to fees,rules, and policies approved by the City;
(b) retain employees sufficient and necessary to assure operation of the tennis center at a
standard comparable to specified tennis centers in the region;
(c) maintain restrooms, showers, and locker rooms in a clean and sanitary condition at all
times;
(d) provide food and beverage service and sales, offering a variety of food, some of
which may be prepared on-site;
(e) operate a tennis pro shop, offering merchandise comparable to pro shops at specified
tennis centers in the region, and maintaining a minimum of$20,000 worth of
merchandise in stock in the pro shop. Bryan agrees to encourage the stocking of
„�. items for in-line hockey and basketball. Bryan will ensure that the staff is trained in
providing customer service, and that staff is discrete and polite concerning complaints
or concerns about the tennis center;
(f) maintain the tennis center in a condition that is generally accepted in the tennis
industry as safe;
(g) maintain the courts and all elements of the tennis center in optimum playing
condition, in accordance with a standard comparable to specified tennis centers in the
region;
(h) maintain all personal property in good working order and replace items when
necessary to operate the tennis center at a standard comparable to spefied tennis
centers in the region;
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(i) comply with all applicable government health, safety and environmental regulations;
(j) operate the tennis center in an efficient and cost effective manner; and collect
membership and court reservation fees in amounts approved by the City;
(k) pay all operating expenses of the tennis center, except for those expenses which City
agrees herein to pay for(i)repairs, and(ii)water, sewer, electricity and natural gas
expenses, which shall be paid by City.
(1) provide a tennis professional with current membership in the USTA, who is certified
through the USTA. The tennis professional must maintain First Aid and CPR
certification.
(m)provide a childcare facility which meets all state requirements, and which shall be
open a minimum of three mornings per week from 9:00 a.m. to 12:00 p.m.
(n) Maintain the Center with the following minimum hours of operation:
March 1 through October 30 8:00 a.m. to no later than 10:00 p.m.
November 1 through February 28 9:00 a.m. to at least 8:00 p.m.
The Center shall not stay open past 10:00 p.m. on any day. City reserves the right
to approve the closing of the tennis center at all times other than the hours of
business provided in this Agreement.
(o) Bryan shall not permit alcohol sales or possession or consumption of alcohol on the
tennis center premises at any time or allow anyone who is intoxicated to play tennis.
(p) Reserve two tennis courts for non-league open play at all times, except during
scheduled tournaments. City reserves the right to change this requirement to a
minimum of three (3) tennis courts available for non-league open play if it is
determined conditions warrant this. Bryan agrees to schedule no more than twelve
tournaments per year and not more than two per month.
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(q) Retain the physical condition necessary to perform the duties and responsibilities of
the Agreement. Bryan agrees to provide no more than 20 hours of private lessons
personally per week.
(r) Not cause to be placed any sign or advertisement upon the premises or upon the
property of City without the prior written consent of the City.
§4.2 Rules and policies. Bryan shall obtain City approval before implementing or
changing clubhouse and ground rules or other policies affecting the public's use of the tennis
center. Bryan agrees not to utilize the Property for any purpose other than for conducting tennis
programs without the City's prior written approval.
§4.3 Promotion of tennis activities. Bryan agrees to conduct a continuous program of
advertising, public relations, and promotional activities to assure that the tennis center has an
appropriate and ongoing visual image and presence in print and communications media. Bryan
shall offer Southlake residents the opportunity to register early for all tennis activities. Bryan
shall develop a marketing plan for promoting tennis play, activity, sales, concession, lessons,
tournaments and leagues and submit the plan to the City within 90 days of occupancy.
§4.4 Tennis center personnel. Bryan shall recruit, interview, and hire the employees
for the tennis center, including management, tennis professionals, food and beverage staff, child
care providers, maintenance personnel,janitorial staff, and others determined by Bryan to be
necessary for the operation of a facility comparable to specified tennis centers in the region. All
personnel shall be employees of Bryan and not employees of City. Bryan shall ensure that
employees have a professional appearance at all times, and all employees shall wear neat
appearing uniform shirts with the company's name displayed. Bryan shall follow the City's
personnel policies with respect to hiring its employees, including the responsibility to conduct
criminal background checks and pre-employment drug screenings. Bryan will provide results of
MANAGEMENT AGREEMENT
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such screenings to City. City will provide a copy of the City's personnel policies to Bryan and
arrange for City's Director of Human Resources to review all applicable policies.
§4.5 Operations review. Periodically,but not less than once a month, Bryan shall meet
with City staff and review its management,promotional activities,programs, finances, and
policy recommendations concerning the tennis center. Bryan shall keep City fully informed of
all tennis center management activities and operations.
§4.6 Licenses, bonds and permits . Bryan shall obtain all licenses and permits required
by governmental entities for activities conducted at the tennis center. Bryan shall obtain and
maintain a fidelity bond issued by in an amount acceptable to the City.
ARTICLE 5. CONSIDERATION
§5.1 Amounts Due to City. On or before the fifteenth day of each month, beginning
with the first month following the beginning date of the Contract, Bryan shall pay City a fee of
25 percent of all court usage fees, to include annual membership usage fees, hourly court usage
fees, and court usage fees associated with all group and individual lessons, drills, league play,
and camps.
Bryan shall also pay City, as set forth above, 25 percent of all revenues received from the
rental of meeting rooms.
§5.2 Increases. At such time as Bryan's gross revenues received under this Agreement
exceed $250,000 in a fiscal year, Bryan shall pay City a fee of 30 percent of all court usage fees,
to include annual membership usage fees, hourly court usage fees, and court usage fees
associated with all group and individual lessons, drills, league play, and camps. "Gross
revenues," for purposes of this section 4.2 and section 4.3 below, means all revenues Bryan or
any entity under the direction or control of Bryan, receives as a result of operation of the tennis
center, including but not limited to, all membership fees, court usage fees, fees from rental of
MANAGEMENT AGREEMENT
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meeting rooms, fees from tennis lessons and camps,revenues from tennis tournaments, and
revenues from sales of food, beverages, other concessions and merchandise.
§5.3 Management Fee due to Bryan. As consideration and compensation for the
management, operation and supervision of the tennis center, Bryan shall receive, and is
authorized to withdraw from the account described in Section 6.1 below, all gross revenues less
and except only the sums due to City under Sections 5.1 and 5.2 above.
ARTICLE 6. FINANCES
§6.1 Deposit of revenues. All revenues from the operation of the tennis center shall be
deposited daily into an account established for that purpose.
§6.2 Fees and charges. Fees to be charged for tennis activities at the tennis center will
be determined each year during the budget process. City and Bryan agree that fees should be
sufficient to pay operating expenses and make debt service payments, but also be competitive
with fees at other public tennis centers in the region. Court membership and usage fees must be
approved by City. Prices charged for food,beverages, and merchandise shall be determined by
Bryan. All patrons of the tennis center shall be charged for food, merchandise, and services
according to a published schedule of fees and charges, and any complementary food,
merchandise, or services shall be documented.
§6.3 City's payment of certain expenses . City shall be responsible for, and pay for all
necessary repairs to the actual physical conditions of the tennis center, including without
limitation, the tennis courts, light poles, exterior of the tennis pro shop (including all structural
aspects such as the foundation, walls, roof, etc.), lawns, parking, sidewalks, seating, landscaping
and plumbing, electrical, and natural gas systems and fixtures. City shall also perform court
resurfacing, necessary replacement of nets, windscreens,and lights due to ordinary wear and
tear. All other maintenance responsibilities shall be Bryan's responsibility.
MANAGEMENT AGREEMENT
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•
§6.4 Contractor's responsibility for furnishings and equipment. Bryan shall provide
all necessary equipment and furnishings for the operation of the tennis center, including,but not
limited to, cash register and/or computer and software for recording of financial transactions,
office furniture and supplies,pro shop inventory and display racks, racquet stringing equipment,
ball machines, etc.
§6.5 Annual operating budget.
(a) At least 20 days before the opening date, Bryan shall submit to City a proposed
operating budget for the initial year of operation, setting forth the projected operating
expenses for the remainder of the then current fiscal year. In each subsequent year,
Bryan shall submit a preliminary proposed operating budget by June 1 to the office of
the Director of Community Services for review. The final proposed operating budget
for the upcoming fiscal year shall be submitted not later than July 15, for City's
consideration
(b) Bryan shall prepare the proposed budget in a"variable" format that projects the
\., anticipated results of operations based upon the expected volume of games played
and allows City to reasonably anticipate revenues and expenditures at levels of play
within a reasonable range of potential volumes.
ARTICLE 7. ACCOUNTING,REPORTS,AND AUDITS
§7.1 Accounting records. Bryan shall maintain efficient and accurate accounting
records in accordance with generally accepted accounting principles in a format consistent with
other public tennis centers.
§7.2 Monthly reports. On or before the 15th day of each month, Bryan shall submit to
City a financial statement showing in detail the gross re enues and operating expenses of the
preceding month and the fiscal year to date. The accounting shall be accompanied by duplicate
MANAGEMENT AGREEMENT
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sales records of the operation for the previous month and an accounting of all expenditures and
``... disbursements of Bryan for the month.
§7.3 Annual audit report. Within 90 days after the close of each fiscal year of the City,
Bryan shall submit to City an audit report certified by a certified public accountant, covering the
specific financial condition and performance of the tennis center. The audit must span the fiscal
year then ended. If the report does not contain an "unqualified opinion," City may take such
steps as it determines are necessary to obtain an unqualified opinion. City may terminate this
Agreement if an unqualified opinion cannot be provided within 120 days of the end of a fiscal
year.
§7.4 City's right to inspect and audit. City has the right to inspect the books, records,
invoices, deposits, sales slips, canceled checks, and other financial data or transactions of
Bryan's operation of the tennis center at reasonable times during normal business hours. City
also has the right to select an independent accounting firm to audit the books and records of the
operation of the tennis center.
`... §7.5 Location of records. All tennis center records shall be kept on-site at the tennis
center and periodically relocated to the City's off-site records storage facility.
§7.6 Fiduciary relationship. Bryan has a fiduciary duty to City in its operation of the
tennis center, which includes,but is not limited to, the obligation to faithfully make an
accounting and report to City and to make all payments to City in accordance with this
Agreement.
ARTICLE 8. INDEMNITY AND INSURANCE
§8.1 Indemnity by Bryan. Bryan agrees to indemnify, defend, and hold harmless
City and its officers, agents, and employees from and against claims, damages, losses and
expenses, including but not limited to attorney's fees, for injury to or death of a person or
damage to property, arising out of or resulting from an act or omission of Bryan,his
MANAGEMENT AGREEMENT
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officers, agents, or employees in the performance of this Agreement, including the negligent
Act of the City, its officers, employees, or agents. This indemnity does not include claims
based upon or arising out of the willful misconduct or the sole negligence of City or its
officers, agents, or employees.
§8.2 Insurance .
(a) Bryan shall carry such child care liability insurance as may be required by state law.
(b) Bryan shall obtain public liability insurance of the types and in the amounts set forth
below from an underwriter licensed to do business in the State of Texas. Bryan shall
furnish to City certificates of insurance or copies of the policies, evidencing the
required insurance on or before the beginning date. Bryan agrees to submit new
certificates or policies to City at least 30 days before the expiration date of the
previous certificates or policies. The insurance shall be the following types in the
indicated amounts:
(1) Worker's Compensation and Statutory
Employer's Liability or acceptable
alternative.
(2) Comprehensive General (Public) Bodily injury:
Liability (or its equivalent), including $ 500,000 each person
but not limited to the following: $1,000,000 each occurrence
(i) premises/operations and
(ii) independent contractors Property damage:
(iii)personal injury $ 250,000 per occurrence
(iv) products/completed operations or
$1,000,000 combined single
limit for bodily injury
and property damage.
(3) Fidelity insurance covering Amount sufficient to protect
all employees and officers the loss of the largest dollar
having access to money collected. amount in the control or
. possession of an employee
at any time,but not less than
MANAGEMENT AGREEMENT
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$125,000 or such other
amount determined by City.
(4)Property insurance for physical damage Coverage for minimum of
to the property of Bryan located at the Tennis 100%of the fair market value
Center. of the property.
(5) Automobile liability, including Bodily injury:
coverage for the following: $ 500,000 each person
$1,000,000 each occurrence
(i) owned/leased automobiles and
(ii) non-owned automobiles Property damage:
(iii) hired cars $ 250,000 per occurrence
$1,000,000 combined single
limit for bodily injury and
property damage.
(c) On all insurance required in Subsection(a), Bryan shall require that the insurance
provider:
(1) name City as an additional insured;
(2)provide a waiver of subrogation in favor of City; and
(3) provide 30 days' written notice to City of any material change to or
cancellation of the insurance.
ARTICLE 9. TERMINATION
§9.1 For default. City may terminate this Agreement in accordance with this article
for a default by Bryan.
§9.2 What constitutes a default. The following occurrences constitute a default by
Bryan:
(a) a breach of the fiduciary obligations of Bryan under Sections 5.1, 5.2, and 7.6 of this
Agreement;
(b) filing by Bryan of a voluntary petition for protection under federal bankruptcy laws,
or the failure to obtain the dismissal of an involuntary petition under federal
bankruptcy laws within 30 days after filing;
MANAGEMENT AGREEMENT
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(c) a discontinuance by Bryan of its business or abandonment of its activities at the tennis
center;
(d) the inability of Bryan to provide an unqualified opinion in the annual audit report in
accordance with article 7; or
(e) a failure of Bryan to perform his duties under this Agreement.
§9.3 Correction. Bryan shall have 30 days after written notice from City specifying the
nature of a default under §9.2(e), to correct the default. If the default is of such a nature that it
cannot be corrected within 30 days, Bryan shall have additional time as may be reasonably
necessary to correct the default so long as Bryan diligently pursues the correction.
§9.4 Election to terminate. City may elect to terminate this Agreement pursuant to this
article by giving written notice of default to Bryan. If the default is under §9.2(a), (b), (c), or(d),
this agreement shall terminate immediately upon delivery of written notice from City to Bryan of
its election to terminate the agreement. If the default is under §9.2(e), this Agreement shall
terminate upon expiration of the correction period if correction has not been made pursuant to
§9.3, and City delivers to Bryan notice of its election to terminate the Agreement.
§9.5 Remedy for certain defaults. If Bryan defaults under §9.2(a), Bryan shall pay all
amounts due City under the terms of this Agreement and in addition, pay all costs, damages,
expenses, and reasonable attorneys' fees incurred by City as a result of the default and in
pursuing its remedy.
§9.6 Other termination. Either party may terminate this Agreement upon 120 days
notice to the other party.
ARTICLE 10. ASSIGNMENT
Neither party shall assign this agreement without the prior written consent of the other
party.
ARTICLE 11. NOTICES
All notices to the parties shall be in writing and shall be sent by certified mail, return
receipt requested, to the addressees and addresses specified below:
MANAGEMENT AGREEMENT
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All notices to Bryan shall be sent to:
All notices to City shall be sent to:
City Manager
City of Southlake
667 N. Carroll Avenue
Southlake, Texas 76092
ARTICLE 12. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable as applied in a
particular case for any reason, those circumstances shall not have the effect of rendering the
provision invalid or unenforceable in any other case. The invalidity of one or more phrases,
sentences, clauses, or sections in this Agreement shall not affect the remaining portions of the
Agreement.
ARTICLE 13. GOVERNING LAW
This Agreement shall be governed by and construed under the laws of the State of Texas,
and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas.
ARTICLE 14. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and neither of the
parties shall be bound by any promises, representations or agreements except as expressly set
forth in this Agreement.
MANAGEMENT AGREEMENT
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ARTICLE 15. BINDING CLAUSE
This Agreement shall be binding upon the parties,their heirs, executors, a4ministrators,
devisees, legatees,trustees, successors, and assigns.
EXECUTED this day of , 1999.
CITY OF SOUTHLAKE, TEXAS
By:
Mayor
ATTEST:
City Secretary
WILLIAM LEE BRYAN
MANAGEMENT AGREEMENT
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1
City of Southlake, Texas
MEMORANDUM
July 2, 1999
To: Billy Campbell, City Manager
From: Ron Harper, Director of Engineering Services
Subject: Sewer services in the vicinity of the Christian Men's Network and
Countryside Bible Church on Countryside Court
Action Requested: Discuss sanitary sewer options for development at Countryside
Road and White Chapel.
Background
Information: On Wednesday, June 30, 1999, staff met with representatives of
Countryside Bible Church and Barton House to explore
alternatives for sanitary sewer service.
cy' Countryside Bible Church has plans for expansion and as part of
this expansion has proposed a lift station and force main to the
existing sewer line on Shady Oaks at Fox Hollow. This facility is
currently on septic system.
The Barton House is preparing to begin construction of their
facility with the use of an aerobic disposal system.
The Christian Men's Network has the potential of selling some of
their property and would be interested in sewer availability.
The City currently has a portion of sewer line at Highland and
White Chapel that has caused continual maintenance problems.
Staff is concerned about the capacity of the Fox Hollow lift
station to handle this additional flow. Staff is not willing to
approve this alternative.
Staff has identified an alternative that would provide service to
these properties, additional properties on White Chapel, and
assist in eliminating an existing maintenance problem. A lift
station could be placed on White Chapel and a force main and
11 A-1
gravity line could be installed along White Chapel to a point
Le south of Highland. This would provide service to the subject
area and allow properties such as the Clariden School to tie into
• the system. The affected properties are interested in participating
in the cost of this line if the City is able to participate.
Financial
Considerations: The estimate of the City alternative is approximately $150,000.
Cost sharing would be negotiated amongst the parties.
Citizen Input/
Board Review: None.
Legal Review: None.
Alternatives: None.
Supporting
Documents: Map Exhibit
Staff
Recommendation: Place this item on the Council agenda for discussion.
Ron Harp
Director of Engineering Services
Approved for Submittal to City Council:
City ager's Office
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