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1999-05-04 CC Packet City of Southlake, Texas MEMORANDUM April 30, 1999 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting May 4, 1999 Note the Special City Council Meeting Agenda beginning at 5:00 p.m. to canvass the returns and declare the results of the general election and the special bond election. If you have any questions, please contact City Secretary Sandra LeGrand. 1. Agenda Item No. 5A. Approval of Minutes of the Regular City Council meeting held on April 20, 1999 and the Special City Council meeting held on April 27, 1999. If you have any changes to the minutes of these meetings, 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. 2. Agenda Item No. 5B. Authorize the Mayor to enter into a contract with Minors Landscape Management for annual mowing services for parks and City facilities. You may recall that we had decided to pursue extensions to our 1998 mowing contracts for State and city rights-of-way for 1999, but that we wanted to rebid the contract for park land mowing. This item will allow you to approve a contract for this service for $45,420, as well as provide for annual fire ant treatment in the park should you approve Alternate #1. Approval of the base bid and Alternate #1 will result in a total cost of $55,482.36, which is well within available funding (approximately $75,600 is available for this service). Staff recommends your approval of the base bid and Alternate #1 with Minors Landscape Management. (\No, Please contact Deputy Director of Community Services Steve Polasek if you have any questions about this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Page2of22 3. Agenda Item No. 5C. Award of bid to Everspan Building Systems, Inc. for the installation of sanitary sewer to serve Hillwood Estates subdivision. Due to difficulties in obtaining necessary easements within the Dove Acres subdivision, and the desire of the residents in Hillwood Estates to move forward with the installation of sanitary sewer, staff has sought bids for the Hillwood portion of the project. Your approval of this bid will allow us to go ahead. Note that we received six bids for the project, ranging from $69,914.50 to $10,8,445. As pointed out in the memo from Ron Harper, the budget provided $95,000 for the Hillwood portion of the project. The total cost will be $82,414.50, which is $12,585.50 below budget. Staff recommends your approval of this item. Please let Ron Harper know if you have any questions. 4. Agenda Item No. 5D. Approving the name of the new tennis complex at Bicentennial Park as the "Southlake Tennis Center." Kevin Hugman's memo delineates the process followed by the Park and Recreation Board to name the facility. "Southlake Tennis Center" was selected by the Board (approved 7-2, with Anderson and Berman dissenting) and has been forwarded to you for approval. Please contact Steve Polasek with questions about this item. 5. Agenda Item No. 5E. Authorize the Mayor to enter into a professional services contract with F. Mason and Associates to perform consulting services for the development of the Southlake Public Library. This proposed contract for services has been recommended by the Library Board. I would call your attention to Section 3.02(b) on pg. 5E-4: "...Consultant will work with a planning team (to be designated by City)..." It would be helpful to have a Councilmember on the planning team. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 L. Page 3 of 22 I am excited about the fact that we are getting down the road towards our first library. We have an excellent Board, and they are enthusiastic in their work. Although we have always thought the C.I.S.D. Administration should be in Town Hall (which is why we waited so long for them to decide) for the convenience of our citizens, it was in a way fortuitous that they elected not to participate in that it gave us the opportunity to move forward with the startup of our library, rather than wait until the ultimate facility can be planned, designed, and constructed. Concerning the library space in Town Hall, as you know we received the schematic design plans from the architects on Wednesday, April 28. That date we reviewed the plans with staff, and the members of the City Council and the Municipal Facilities Planning Committee who could attend. (tosi, An issue has arisen concerning the floor space reserved for library use. Not counting common open space and shared work areas, the plan presented by the architects allocated 10,300 square feet of total gross floor space (inside the perimeter walls). However, when you take into account the same-floor shared common space (restrooms, corridors, work rooms) and other-floor shared work rooms and conference rooms, the total available space approaches 14,000 square feet. By way of comparison, according to Grapevine officials, the Grapevine Public Library has approximately 15,000 square feet of total gross square feet of space inside the perimeter walls, but approximately 1650 square feet is common space, another 1,000 square feet is conference rooms, and 1,500 square feet is non-public work areas. Thus, the Grapevine Public Library has approximately the same space that our interim library would have. The Keller Library has approximately 9,000 square feet total floor space. Although we recognize that both the Grapevine and Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Page 4 of 22 Keller libraries are considered inadequate by their respective officials, and that both will be building new library facilities to house their ultimate buildout population, the fact that we would be going from no library space to one approximately equal to the existing Grapevine Library space, and greater than the existing Keller Library space, seems significant. However, there are those on our Library Board (possibly the entire board) who are dissatisfied with the space (10,300 sq. ft.) now available. Actually, I would also be dissatisfied if our permanent library were to be relegated to the available Town Hall space. I concur with the Board's position articulated in its Resolution No. 99-01 disseminated to City Council last week. Ultimately, we should demand much more. Nevertheless, we need to get started somewhere. Of course, there are always options to add additional library space, but none can realistically involve Tarrant County space in Town Hall, and there are no viable options to add additional library space on the same floor. It also makes no sense to move city offices out of Town Hall, since the objective has been to get as many as possible into one facility. However, the latter is City Council's call. It seems to me that it would be better to go ahead and start up a library in the space available, all the while working on plans to move forward with our ultimate library facility as quickly as possible. I also concur with the Library Board that Town Square is the ideal place for the permanent location of the Southlake Public Library. The library will be a huge generator of "traffic" into Town Square. According to Lisa Wood, Keller Librarian, more than 15,000 visitors a month enter their library. I will be very interested in hearing the recommendations of our library consultant (Nor on the ideal location. In talking with some of my friends and acquaintances who are Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Page 5 of 22 public librarians, the ideal location would not be on one of the internal Town Square streets, but perhaps Central or Carroll. 6. Agenda Item No. 5F. Ordinance No. 480-FF, 15t Reading, Revisions to Zoning Ordinance No. 480, as amended, regarding processing procedures, and Agenda Item No. 5G, Ordinance No. 483-H, 1" Reading, Revisions to Subdivision Ordinance No. 483, as amended, regarding processing procedures. The purpose of these two ordinances is to formalize the changes to our processing procedure you "approved" earlier this year. The ordinances revise the Zoning Ordinance and the Subdivision Regulations, respectively, to set these requirements in place as a matter of local law. (hoe You may recall that our Planning staff looked at several potential procedural changes needed to address the large number of review comments sometimes reflected on the Staff Review Summaries. Ultimately staff and Council agreed to change our administrative procedures by establishing a requirement for a "clean" review letter prior to placement of the case on the P&Z agenda. The process established does require more time, however, those that are impacted are those that are unable/unwilling to go to the effort of submitting well prepared applications. The changes to the Zoning Ordinance and Subdivision Regulations, while not absolutely necessary, certainly enhance the City's position for enforcing the new administrative procedure. Staff recommends your approval of both ordinances on first reading. The Planning and Zoning Commission recommended approval (6-0) on March 4, 1999. Feel free to contact Karen Gandy or Stefanie Sarakaitis should you have questions about the process and/or the ordinance revisions. 7. Agenda Item No. 5H. Ordinance No. 480-310, (ZA 99-021), 1" Reading, (lbw Rezoning from "AG" to "RE". This property is located on the west side of N. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Page 6 of 22 White Chapel Blvd. approximately 400' south of Bob Jones Road. The property is an existing single tract of approximately 5.386 acres. The applicant has submitted a single lot Plat Showing to the City for staff approval. The width of the tract does not meet the minimum 300' required by the "RE" District development regulations. The existing lot width is approximately 270'. The Zoning Board of Adjustments approved a variance to this requirement (5-0) on April 29, 1999. There are no other issues regarding this request. Planning and Zoning Commission recommended approval (4-0) on April 22, 1999 contingent upon the Zoning Board of Adjustment's approval of the lot width variance. Feel free to contact Karen Gandy or Dennis Killough regarding this item. 8. Agenda Item No. 5I. Ordinance No. 480-311, (ZA 99-031), 1S` Reading, Rezoning (Ihre from "AG" to "SF-IA". This property is located on the south side of Emerald Boulevard approximately 200' east of Pearl Drive within the Diamond Circle Estates residential development. The requested zoning change is on a 2.0 acre portion of a 4.889 acre tract. The proposed rezoning parcel fronts into the Diamond Circle Estates residential development. The applicant has indicated his intent to file deed restrictions on the property identical to those for Diamond Circle Estates. The applicant intends to develop the remaining portion of the tract that fronts Southlake Boulevard as an "Office Commercial" use and will be submitting a rezoning and concept plan application once a user is found. A Preliminary Plat is currently in process with the City that proposes two 1.0 acre residential lots fronting Emerald Boulevard and a single "AG" lot fronting Southlake Boulevard. The Planning and Zoning Commission recommended approval (4-0) acknowledging the applicant's intention to file deed restrictions identical to those for Diamond Circle Estates and encouraging him to file them prior to this case coming before the City Council. Feel free to contact Karen Gandy or Dennis Killough regarding this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Page 7 of 22 9. Agenda Item No. 5J. Award of bid to Marathon Construction Company for improvements to the Public Works facility on Continental Boulevard to Peytonville Avenue. Four bids were received for the project, with the low bid (base plus Alternate One for masonry facade along the south and west side of the building) submitted by Marathon Contractors. The total bid of $426,000 exceeds the budget for Phase I and II of the project by $20,400. Additionally, $46,580 in engineering and architectural costs are anticipated. As such, the total project cost is anticipated at $472,580, which is $66,980 over the budgeted amount. Engineering staff have suggested that deletion of Alternate One will get you closer to the amount budgeted for the project, recognizing it was not in the original budget anyway. Elimination of this alternate will, however, not result in the project being within budget. (The project would still cost $32,980 more than anticipated.) You may wish to further reduce the cost of the project by eliminating one of the other alternatives, as shown on the bid tabulation attachment. These alternates provide you the flexibility to "pick and choose" which improvements to pursue at this time, recognizing that we can always address deleted improvements with future phases of the project. (For example, you could choose to eliminate Alternate Four, saving $78,000 on the total cost, which would delete the brick-crete fence along the east property line.) In order to achieve the quality we desire for this facility, we will eventually need to make all of the improvements as proposed by our consultants. If it is your wish to move forward with the project as bid, including all of the alternatives, it can be funded through the CIP budget with funds remaining from projects coming in under bid. Note that Shawn Poe has estimated that a total of $673,678 is available from this source. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Page 8 of 22 Since this item is on the consent agenda, you will need to articulate your preferences during work session and with specific language in the motion for this item. Please let Ron Harper or Shawn Poe know if you have questions. 10. Agenda Item No. 5K. Design alternatives for the reconstruction of Continental Boulevard, Phase I, from Davis Boulevard to Peytonville Avenue. Please note that we are asking you to table the item until May, 18 since SPIN representative Bob Walker will be out of town and unable to host a SPIN meeting until May 6. The memo in your packet from Shawn Poe provides an update on the plans/status of the project. Please let him know if you have any questions. 11. Agenda Item No. 6B. United Way/Northeast Senior Issues Committee Report. You may recall that this item was on the agenda for the April 6 meeting, but the presenter had a last minute conflict and was unable to come to the meeting. Ms. Linda Reynolds, a Southlake resident and member of the Senior Issues Committee, will make the presentation. In January 1997, the United Way Northeast Steering Committee convened a Senior Issues Committee to research senior concerns and needs in the Northeast Tarrant County area. The committee was charged with gathering information and making recommendations to guide community planning for senior adult services. In September 1998, they presented their findings to the Steering Committee, and have also taken their presentation to the various city councils in the Northeast Tarrant region. On a separate note, you have probably received copies of the Senior Advisory Committee's recommendation regarding transportation service for Southlake seniors. They have recommended two options: Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 L., Page 9 of 22 (1) The City hire a part-time dispatcher and purchase a van (it would have to be equipped with a wheelchair lift). They suggest volunteer drivers be used to drive the City van. (2) Create a non-profit corporation funded mostly by the City, which would hire a director/dispatcher, and purchase a van. Again, volunteer drivers would be used. Staff has been working with the Senior Advisory Committee to investigate options, and recommended that an existing dispatching service, called CARE Corps, be used. Staff again met with a representative from CARE Corps last week to follow up on questions and concerns raised by the seniors. The attached memo from Deputy Director of Community Services Steve Polasek, outlines their service and (ire the advantages if we were to contract with them. CARE Corps has indicated they could expand their service into Southlake with little to no expense from the City. This would serve as a trial period and should the service prove beneficial, Council may wish to consider budgeting funds for CARE Corps in the next fiscal year budget. A Scope of Services could be entered into, similar to what we do now for GRACE, Metroport Meals on Wheels and Keep Southlake Beautiful. Staff is also researching other cities that have senior transportation services to determine costs, staffing, etc. We do not yet have this information available, but expect to receive it soon. If you have any questions regarding this matter, please feel free to contact Steve Polasek in Kevin's absence. 12.Agenda Item No. _7A. Ordinance No. 544-A, 2'd Reading, Amendments to Landscape Ordinance No. 544. The packet memo clearly describes the changes to the original ordinance as recommended by the Council workgroup, the Planning & Zoning Commission, and the city attorneys. Additionally, we have provided Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Page 10 of 22 information, at the request of Councilmember Fawks, about the landscape ordinances of some of the surrounding cities. This project was staffed by Greg Last and Keith Martin. Please feel free to contact either if you have questions. 13.Agenda Item No. 7B. ZA 99-015, Revised Concept Plan and Site Plan for N.E.T. Church. The property is located on the south side of Southlake Boulevard across from Jellico Estates and is bounded on the west and south by the Remmington retirement community. The existing zoning on the property is "CS" Community Service District. This plan proposes a revision to the previously approved Concept Plan and proposes a Site Plan for Phase I construction. The applicant has worked closely with SPIN and the adjacent property owner to the (111., east, Mr. Weisman, in the planning of the site. The primary concerns of Mr. Weisman are tree preservation, spill over lighting, and drainage. The applicant has made commitments to Mr. Weisman that no spill over lighting will occur and the plan appears to adequately address tree preservation and drainage. The architecture of the building is unique and does not fully comply with the articulation requirements. The orientation of the building and its height cause it to encroach into the 4:1 slope line extending from the east boundary. However, the property owner to the east, Mr. Weisman, has indicated to the applicant and the P & Z that he prefers this orientation over flipping the building which would eliminate the encroachment. The applicant is requesting a variance from these requirements. The Planning and Zoning Commission recommended approval (4-0) on April 22, 1999, subject to Site Plan Review, allowing encroachment into the 4:1 slope line from the east, allowing articulation as proposed, allowing flexibility in placement of the required perimeter boundary utility easements in order to protect trees, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Page 11 of 22 accepting the applicant's commitment that no spillover lighting occur on Mr. Weisman's property and that there will be no lights on the driveway turnaround area. Feel free to contact Karen Gandy or Dennis Killough regarding this item. 14. Agenda Item No. 7C. Ordinance No. 744, 2' Reading, Designating reinvestment zone number two, Agenda Item No. 9A, Resolution No. 99-26, Adopting a Tax Abatement Policy, Agenda Item No. 9B, Resolution No. 99-27, Approving the terms and conditions of a program to promote economic development, and Agenda item No. 9C, Resolution No. 99-28, Approving the terms and conditions of agreements - Maguire Partners-Solana Limited Partnership and the Sabre Group, Inc. The cover memo from Director Last for each of the above referenced items is identical. We felt it would be easier for you to look at a single memo that summarizes the interrelated agreements. As reflected in the second page of the memo, it is our belief that each of the Council's suggestions for amendments has been incorporated into the documents. The financial analysis has changed slightly (to our benefit) and this is reflected in the attached revised spreadsheets, affecting only tables 6 and 7. Table 8, a summary of the benefits to SPDC and CCPD, is new. If you have any questions feel free to contact myself, Greg Last, or Kate Barlow. On Monday Greg will be out of the office but will be accessible via pager or cell phone. 15.Agenda Item No. 9D. Resolution No. 99-31, Appointing Mayor Pro Tem and Deputy Mayor Pro Tem for a one year term. Section 2.07 of the Southlake City Charter provides for annual appointments of a Mayor Pro Tern and a Deputy Mayor Pro Tern: "...the Mayor shall, with the approval of the Council, appoint one of the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Le Page 12 of 22 members as Mayor Pro Tem and one as Deputy Mayor Pro Tern who shall hold their offices for one year." Please contact the Mayor if you have questions regarding this item. 16.Agenda Item No. 10A. Acquisition of Drainage Easement from Runyans. This item is on the agenda at the request of City Council. There are several major issues at play, which I believe merit caution as you comment. It is not a simple issue, and things are never quite like Mr. Runyan asserts. I will try to give you a brief overview of where we are, and how we got here, and where all this could head. You will want to discuss this with your attorney in executive session (we First, I want to be sure you are aware of the real underlying issue. Obviously, the Runyans believe they have a stormwater problem, created by the C.I.S.D. This is important to note. If indeed the Runyans have been damaged by their adjacent property owner, the C.I.S.D., then their course of action lies with the C.I.S.D. and not the City. The Runyans came to the City because they could not get satisfaction from the C.I.S.D. (even though C.I.S.D. has spent in excess of $16,000 on the problem). There is a reason for this. If you like, we can go through this in executive session. Given Mr. Runyan's comments this past Tuesday evening, I am no longer convinced that the Runyan's problem is something we can solve, but I am convinced that we need to be careful to avoid creating liability for the City where none probably exists at this time. The following excerpt from my memo of October 30, 1998, gives some of the history into the background of the issue. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Page 13 of 22 Agenda Item No. 11A. Runyan drainage issue. Given the limited agenda for this meeting, there should be adequate time to fully discuss Mr. Runyan's drainage issue although it is unlikely that we will be able to fully resolve the problem at one meeting. There are no simple or inexpensive options for the City to take to resolve the problem and our ability to force the school to mitigate the problem is limited. Contrary to what you may have heard at the last meeting, we have not ignored Mr. Runyan (nor have we failed to return his calls) and we have worked with the school to try to find a mutually acceptable solution. If Council is interested, staff will be prepared to discuss the background of the development of the school and the City's efforts to address Mr. Runyan's concerns during the Monday briefing and/or at the Council meeting. Briefly, some of the historical information you will need for this discussion is as follows: • CISD followed all of Southlake's design standards and ordinances, agreeing to use Eddie Cheatham as the project engineer because of his familiarity with our City's engineering issues. • The flood plain from Highland south to the school property is 250 feet to 300 feet wide. • Properties along this creek have back yards or side yards in the flood plain. • The culvert at Highland, and Highland Street serve as a natural dam, creating a detention pond south of Highland street. With regard to recent efforts, you may recall that CISD's consultant engineer, Eddie Cheatham, is designing a metal plate to be installed in the detention pond opening, which will detain smaller rain events than is currently required by ordinance. CISD has also agreed to pay for the installation of the new "V" notch weir, which will be installed in about two weeks, depending on the weather. Building Inspections is currently working with the builder and homeowner at 545 W. Highland to remove a large pile of tree branches which have accumulated in the creek. As I stated, this is not an easy fix, however, some possible alternatives include: • Hire an outside engineering firm to conduct a drainage basin study in this area. You will recall that Freese and Nichols was selected to perform the study necessary for our drainage master plan. This study could lead us to Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Page 14 of 22 improve the entire creek from S.H. 114 to Durham, thus allowing the "dam" at Highland to be removed. For this reason, it would be appropriate to engage Freese and Nichols to conduct this study. Freese and Nichols have agreed to prepare a proposal for this study, which will be presented to you at your November 17 meeting. • Acquire the impacted properties in their entirety or acquire the flood plain, or both, which would provide for the area to continue to serve as a detention area, protecting down stream property owners. • Fill in the property owner's backyard, which may require a U.S. Corps of Engineer permit, and acquisition of an additional easement from the property owner to the east. The United States Geological Service (USGS) map of this area, and the March 1976 flood plain study of the Kirkwood Branch and Dove Creek done for the City of Southlake, both indicate that the Runyan's property is situated in an area that has potential for substantial short term stormwater runoff events. The engineer for the C.I.S.D. on this project, Eddie Cheatham, identified this. Mr. Runyan disputed Mr. Cheatham's findings, and requested we have an "outside" engineer look at the issue. This we have done. Concerning Mr. Runyan's comments last Tuesday, I correctly reported to you in executive session the previous week our conversation. I told Mr. Runyan that the engineers have told us we need a thirty foot easement from him, and in exchange we would provide him with fill necessary for the pad site he wants for the storage of his boat, etc. He agreed, but called the next day and told me that I had "pulled a fast one," that thirty feet would destroy his back yard. I told him I would go back to the engineers to see what more could be done. Last Tuesday, he (for the first time) said he would "sell" us the easement if we provided him with fill. Should the fill indeed cost $15,000, it would amount to approximately $4.00/sq. foot for the easement if he gave it to us. Obviously, it will be even more if we have to purchase the easement as well as pay for the fill; the cost is approximate, based upon $15,000 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Page 15 of 22 divided by 3,750 sq. feet (30' x 125'). City Council has bought enough land lately to gauge the value of this property as an easement, which is usually 50% of the fee simple value. The 125' distance is scaled, not surveyed. Recall that the engineers have not completed their study of the entire creek. Given what the engineers are telling us, I am concerned that anything we do for Mr. Runyan at this time could create problems downstream. I would suggest that in order to protect the City from liability, we offeLthe Runyans a monetary amount for the easement, then let him bring in fill if he wants (with the payment) as long as he keeps it out of the easement. Attached hereto are copies of the: • Charlie Thomas memo of March 9, 1999 • Bill Runyan letter of November 13, 1998, to City Council • Bill Runyan letter of February 12, 1996 to Mike Murphy, Interim Superintendent • Bill Runyan letter of August 22, 1994, to me and City Council • Excerpts from January 22, 1999, December 15, December 1, and November 17, 1998 memos to City Council. Note particularly the sentences I have blocked in the letter to Dr. Murphy. The engineers will be making a presentation to the City Council on the south fork of the Kirkwood Branch drainage basin in general and Mr. Runyan's property in particular. Note that as a result of the engineer's work we have ascertained that the 100-year flood plain is 120-160 feet between Durham Elementary and West L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Le, Page 16 of 22 Highland, not the 250-300 feet we had estimated in the rough estimates last year, prior to the actual surveys. 17. Agenda Item No. 10B. Variance to the Driveway Ordinance No. 634 for proposed driveway accessing Pearson Lane from proposed Exxon development in the City of Keller. The property is located at the northwest corner of Pearson Lane at Price Road (Southlake Boulevard) in the City of Keller, Texas. An Exxon Gas Station has been approved by the City of Keller at this location. Because a driveway is proposed to access Pearson Lane, a public street within the City of Southlake, it is subject to the City of Southlake's Driveway Ordinance No. 634. The proposed full access driveway is approximately 170' north of the north right-of-way of Southlake Boulevard, which is in compliance with the City of Keller minimum spacing (lior standard of 150'. However, the City of Southlake's Driveway Ordinance requires a minimum spacing of 250' for a full access driveway or a minimum spacing of 200' for a right-in/right-out driveway. According to the letter included in your packet from the applicant and the City of Keller Director of Community Development, there are several large specimen trees located north of the proposed driveway that would be damaged or destroyed if the driveway is moved to comply with our ordinance. Please note that the driveway is in compliance with the City of Southlake's minimum stacking depth. Feel free to contact Dennis Killough regarding this item. 18. Agenda Item No. IOC. Authorize the Mayor to enter into an amended developer's agreement with the developers of Loch Meadow Estates. You have already approved a developer agreement for the on-site improvements for this development. This amendment addresses off-site sewer issues, including the construction of a new (kir lift station and force main to Dove Street. This agreement will require the developer to build the portion of the lift station and force main to serve Loch Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 L., Page 17 of 22 Meadow Estates ($78,400), with the remainder of the project to be paid for by the City ($128,260). The agreement gives us five years from the acceptance of the sewer line to reimburse the developer for the oversizing costs, although payment of inspection fees and administrative processing fees (estimated at $51,336) will be used to offset the city's reimbursement for this project. We did not place this item on consent because it is somewhat unusual, however, if you are comfortable with the agreement you may wish to do so. Please let Charlie Thomas know if you have any questions on this item. As a side note, the Dove Street force main the city is building as part of the Denton Creek Pressure System continues to be delayed by easement acquisition problems. (010., We will discuss this issue with you on Tuesday evening. 19. Agenda Item No. 10D. Authorize the Mayor to enter into a partial developer's agreement with the developer of Kimball/1709 Addition, Lot 5, Block 1. This developer agreement will cover roughly 10% of the public infrastructure which will ultimately be constructed on this site. As such, we are pursuing it as a partial agreement to cover a deceleration lane, water line, and sewer line. A full developer agreement will be brought forward at a later date. It is our understanding that the impetus for bringing the partial developer agreement forward is so that Lowes can meet it contractual obligations to Dick LeBlanc for the three outparcels on the site. Apparently, they agreed to build the public infrastructure (deceleration lane, portion of water and sewer lines), as well as the Kimball driveway and the fire lane to enhance the marketing of the outparcels (particularly the two just south of the driveway). Obviously, a developer agreement is required to do so. L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Page 18 of 22 Note that staff is not yet aware of Lowes' timing on their lot, so we do not know when a full developer agreement will come forward for your consideration. Please let Charlie Thomas know if you have questions on this item. 20. Agenda Item No. 10E. Establishing project priority and funding participation for the 1999 North Central Texas Council of Governments Call for Projects application. As we discussed throughout the development of the traffic management bond program, there is a potential for funding assistance through the NCTCOG for the intersection projects. We have received the "Call for Projects" and must put together our application for the funding, which requires your prioritization by allocating matching funds. As Shawn Poe points out, the match level is a part of the ranking process. Staff is recommending four priorities, with a 26% city match to complement the 20% state match which is available for these four roadways because they are "on-system;" that is, a state numbered highway. The state match combined with our 26% match will result in the maximum point allocation for the category. We chose these projects because of the timing of the projects, should they be funded. It will take approximately twelve to eighteen months to receive the go ahead for construction if they are selected. We know that all four will not be selected, if for no other reason than due to the size of the pool of projects. We should know in a relatively short time frame which projects, if any, are selected. Given the schedule, whichever projects are not selected by the NCTCOG for funding will be moved to the top of our list should the bonds be approved by the voters. The White Chapel, Carroll and Kimball intersections were chosen for our priority list because they connect SH 26 to FM 1709 to SH 114. It is our belief that roadways connecting all three of the state highways in this area will receive higher Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Lii.„ Page 19 of 22 points than others. Peytonville was added because of the congestion at the High School. Obviously, City Council can change the priority numbering of these projects, however, it is our belief that any order of these four would be acceptable to City Council because it will free up funds for other projects if any one is selected. Please let Shawn know if you have questions about this item. If you concur with our rationale on this issue, this item would be suitable for consent agenda. 21.Agenda Item No. 11A. Eckerd's elevation plans showing façade enhancements along F.M. 1709 and the east side of the building. You may recall that during the approval of the Eckerd's Site Plan the applicant agreed to make some enhancements to the building elevations and bring them back to the City Council for discussion and review. This item is before the City Council to view the changes made by Eckerd's to improve the appearance of their building. The staff memo identifies the apparent changes and need for clarification in some areas. You may also note that the site plan included in your packet shows some revisions to the approved Site Plan. After the approval of the Eckerd's Site Plan, Eckerd's operation officials requested changes to the parking arrangement on the site in order to locate more of the customer parking near the front entrance of the building. These changes include relocation of parking spaces, landscape areas and building, and a change in the stacking depth for the driveway accessing White Chapel Boulevard. The staff memo identifies these changes in detail. Although the Eckerd representative may point out the proposed changes to the site plan, no action is required by the Council. It is staffs opinion that processing of a Revised Site Plan is needed to address these changes, primarily due to the relocation of the building and the change in stacking depth, since variances were granted for these items with Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 L., Page 20 of 22 the original approval. Feel free to contact Karen Gandy or Dennis Killough regarding this item. 22. Agenda Item No. 11B. Establishing the City of Southiake's formal position on TxDOT's S.H. 114/S. H. 121 Major Investment Study. As you know, the fourth of five open house/public meetings on this subject was held on April 27 at Grapevine City Hall. The topic was the viable alternatives proposed to be developed within the existing rights-of-way, such as adding general purpose lanes to the existing freeway, High Occupancy Vehicle (HOV) lanes with general purpose lanes, and express lanes with general purpose lanes. The TxDOT study team also showed possible local access options. We have discussed the need for the City Council to review the alternatives under discussion by TxDOT to provide an official City of Southlake position to them. This discussion item will allow you to provide staff direction on your preferences so that we can prepare a formal resolution for your adoption on May 18. The most pressing issue is the development of main structure (viable alternatives), although you will also want to give your input regarding local access options in the future. Your packet does not contain specific information on this topic, since it was provided to you as part of your April 27 special Council meeting packet. Staff will bring concepts to the meeting along with decision points you will need to consider. In the meantime, please contact Ron Harper or Bob Whitehead if you have questions or comments. Other Items of Interest Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 Page 21 of 22 23. Cross Timber Hills Utility Easement Acquisition Update. Note the attached memo from Shawn Poe updating you on our progress in obtaining easements for this project. Shawn's memo reports that we have obtained 13 of the 54 easements needed. Late this afternoon Shawn received two more signed easements. The progress is slow, but we are encouraged by the responses received so far. This item has been provided as an update on our progress. 24. Also included with my memo: • Byron Nelson Widening and Striping Update from Shawn Poe. • Information concerning Short Course on Planning and Zoning for Public Officials sponsored by the Southwestern Legal Foundation to be held in Richardson on May 28, 1999. • Six-month calendar of upcoming meetings/events. • Thank you notes. Staff Extension Numbers: Barlow, Kate, Economic Development Coordinator Campbell, Billy, Director DPS, ext. 730 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, Director of Engineering Services, 481-3022 Hawk, Curtis E., ext. 701 Henry, Ben, Parks Planning and Construction Superintendent, ext. 824 Hugman, Kevin, Director of Community Services, ext. 757 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Director of Economic Development, ext. 750 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council meeting May 4, 1999 LPage 22 of 22 LeGrand, Sandra, City Secretary, ext. 704 Martin, Keith, Landscape Administrator, ext. 848 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. 74Q Whitehead, Nona, Community Services Coordinator, 481-2776 Wilson, Garland, Deputy Director Fire Services, ext. 735 Yelverton, Shana, Assistant City Manager, ext. 705 M:\WD-FILES\CEH\MEETINGS\99-05-04.doc L L 4-30-1999 6:51AM FROM SOUTHLAKE PARKS REC 817 421 2175 P. 1 • City of Southlake, Texas MEMORANDUM April 30, 1999 TO: Kevin Hugman, Director of Community Services FROM: Steve Polasek, Deputy Director of Community Services SUBJECT: Senior Transportation Services As local communities age, senior issues such as transportation, health care, and housing become increasingly important. The dilemma faced by cities is how to best identify, prioritize, and address those issues in a timely and economically prudent fashion. Recent surveys included in a report from the United Way-Northeast Seniors Issues Committee indicates that approximately 750 Southlake residents are over the age of 65. By the year 2006, the City will have approximately 2,000 residents age 55 and over. Of those, slightly less than half will be over the age of 65. While this is not an extremely large number when compared to many neighboring communities, it does represent a significant segment of our population. Transportation, or more accurately the lack thereof, is almost always mentioned as the number one concern facing senior citizens. It plays a critical role in their health and social well being. While many seniors maintain their ability to drive, others do not. They must rely on relatives, local volunteer services, or taxi cabs to reach such common destinations as the doctors office, stores (grocery and non-food stores), churches, and senior centers. One option for providing senior transportation services would be to establish a City sponsored program. Service demands within Southlake would need to be carefully evaluated in order to determine if they warrant the costs involved with establishing such a program. Start-up and on-going operational costs would include the purchase of an accessible van, vehicle maintenance (oil, tires, repairs), fuel, insurance, employees (driver and dispatcher/program coordinator), office space, and office equipment/supplies (desk, phone, computer, etc.). The City would be unable to utilize volunteer drivers for City vehicles due to liability issues. In an effort to research other alternatives for providing transportation services for seniors in the Southlake area, staff recently met with Joanne Leek, Executive Director of CARE Corps. Established in 1981, CARE Corps is a non-profit association of churches, civic groups, businesses, and individuals dedicated to preserving the independence and well being of the elderly in Northeast Tarrant County. CARE Corps serves the communities of Bedford, Euless, Grapevine, Haltom City, Hurst, North Richland Hills, Richland Hills, Watauga, and Southlake. Services provided includes transportation, minor home repairs, handicap access, yard work, shopping/errands, and food delivery, to name a few. As mentioned, CARE Corps already provides senior transportation service within the Southlake area. CARE Corps indicated that they could easily expand transportation programming within the City and do it more quickly and cost effectively than the City could d-30-1999 6:52AM FROM SOUTHLAKE PARKS REC 817 d21 2175 P. 2 Southlake Senior Advisory Conunlssion April I4, 1999 • @EMEOWR I From: Southlake Senior Advisory Commission JO APR 15 18 .� To: Southlake City Council Subject: Southlake Transportation Service Propose OFFICE OF CITY SECRETARY Attached is a proposal for the establishment of Southlake Transportation Service, Inc.for providing transportation services for Seniors and Disabled Persons. This proposal shows the need for transportation for these residents and proposes a plan with a reasonable cost. The Resources section of the plan shows that there are some alternatives which can be used in providing this transportation. We recommend that the Southlake Transportation Service, Inc.be implemented as soon as possible in Southlake using one of the following plans: 1. That the City of Southlake fund the program with salary for a half-time dispatcher/record keeper who would be a city employee using space and equipment provided by the City, matching funds for van purchase,vehicle maintenance, etc. at an estimated cost of S30,000 annually. Volunteer drivers would use either their own vehicles or the city van. 2. The creation of a non-profit corporation with a Board of Directors having eight members to (iair oversee and manage STSI. The corporation would hire a full-time director/dispatcher/record keeper,rent space and telephone service, secure a van and maintain it, provide insurance,etc. at an estimated cost of S50,000. Volunteer drivers would use either their own vehicles or the corporation's van. The City of Southlake is requested to provide S30,000 annually. The remaining funds would be secured through user fees,donations from individuals or organizations or businesses, or fundraising events. The Southlake Senior Advisory Commission members unanimously approved this proposal and we request that the Southlake City Council approve setting up the Southlake Transportation System, Inc. and allocate funds from the 1999-2000 budget to support this much needed service. Martha Greenberg, Vice Chairperson cc: Curtis Hawk, Southlake City Manager 4-30-1999 6_S2AM FROM SOUTHLAKE PARKS REC 817 d21 2175 P. 3 .,, Senior Advisty Commission Transportation Committee Southlake Transportation Service, Inc. for Seniors and Disabled Persons PROPOSAL PURPOSE: The purpose of this project is to set up a service to provide transportation for Seniors and Disabled persons in Southlake as soon as possible. NAME: It is suggested that the service be named, '`Southlake Transportation Service, Inc.,"STSI and that a non profit corporation be formed to oversee management of the service. NEED: As Southlake's Senior population grows and ages it is becoming obvious that a method for transporting seniors to various activities, doctor appointments,markets, etc., is urgently needed.The parking area at the Senior Activities Center will no longer hold the individual automobiles of our senior participants. Senior Citizens 85 and older are the fastest growing segment of the older population today and most seniors 85 and older should not be operating motor vehicles.They become dependent on family and friends for transportation since there are no public transportation services available or they are forced to withdraw from community and social activities and may not be able to obtain needed medical services. Some neighboring communities are now providing transportation services for their seniors and disabled residents. A survey of Southlake Seniors showed that 26%either need transportation now or likely will within the next five years. The survey was made of Seniors who have attended the Tuesday Luncheons at the Southlake Senior Activities Center frequently enough to be included in the roster. When Seniors who are not residents of Southlake arc included 32%stated that they either needed transportation now or likely would within the next five years. Since the Seniors surveyed either drive or have someone who will bring them to the Center it seems likely that among the unsurveyed Southlake Seniors the percentage needing transportation will be larger. Several efforts are underway to try to locate such Seniors. GENERAL DESCRIPTION: It is proposed that the transportation needs described above be initially provided by volunteer drivers using their own vehicles and scheduled by a volunteer Dispatcher who would be located at the Senior Activities Center. As soon as practical, a part time Dispatcher should be assigned-probably from the Community Services Department for better coordination with the city and to provide documentation of policies and procedures and ultimately to prepare grant applications. The Dispatcher would receive requests for transportation from individuals and then schedule volunteer drivers to provide the service. In the future the Dispatcher might be a half time City of Southlake employee.The users would be members of STSI and make a Prepayment for future transportation.There would be a charge made for each trip which would be deducted from the Prepayment. The income would be used to pay insurance, advertising,telephone service,and possibly in time the salary of the Dispatcher. As usage increased it would likely be necessary to purchase one or more vans. Financing for these vans could come from Southlake, U. S. Government Programs or donations from organizations or individuals. (ow Page:-1 d-30-1999 6:S3AM FROM SOUT-LAKE PARKS REC 817 d21 2175 P. RIDER ELIGIBILITY: 1. Seniors and Disabled Persons who are residents of Southlake. 2. Active participants in the Southlake Senior Activities Center programs who are not residents of Southlake. 3. People in the above two groups who complete a Membership Form,pay S20 into their Prepayment Account and can be accomodated by currently available transportation equipment and personnel will become members who will be served. 4. Members would be furnished rides to Senior Activities Center,medical services, shopping, financial services,hair care, (additions may be made to this list) OPERATINO HO11R,S: 1. Monday through Friday from 8 am to 5 pm. 2. Special Events SCHEDULING: 1. Persons desiring transportation would call the Dispatcher, during a specified period, such as 8 to 12 am, at least 24 hours before transportation is needed-and longer when possible for prescheduled appointments or events.They would provide the following information: name, address for pickup, destination,pickup time and return time,if needed. 2. Dispatcher would determine the schedule for the following day and relay it to the Volunteer Drivers who are scheduled to drive that day. VOLUNTEER OPERATIONS: 1. A Volunteer Coordinator would have responsibility for overseeing the recruitment, training and scheduling of all Volunteer Drivers. 2. Weekly Volunteer Supervisors would each be responsible for the operation of the Volunteer Drivers for one week during each month. They would arrange training of Volunteer Drivers, establish weekly driving schedules,give these schedules to the Dispatcher, and arrange for replacements when a scheduled driver is not available. 3. A Training Supervisor would establish a training program and see that each new Volunteer Driver is properly trained. 4. Appropriate recognition of Volunteer services will be made. VOLUNTEER DRIVERS I. Volunteer Drivers would furnish their own vehicles and would be responsible for their maintenance and fuel. Vehicles must have current state inspection seal Accident records would be checked. 2. Volunteer Drivers would be trained in the procedures and policies of STSI. 3. Volunteer Drivers would contact the Dispatcher on the evening before their scheduled driving day to obtain their assignment for the next day. 4. If a Volunteer Driver was unable to drive when scheduled he/she would contact their Weekly Volunteer Supervisor so that a replacement could be secured. 5. The driver will keep a log of rider's name, address, start time and mileage, arrival time and mileage at destination and the same information for the return trip.This information would be given to the Dispatcher to record. FINANCES: 1. The cost of each one-way trip in the Southlake area would be S2.50 and a schedule of additional fees would be developed for trips outside this area. L Page 2 d-30-1999 6:54AM FROM SOUTHLAKE PARKS REC 817 421 2175 P. 5 • 2. All users would prepay S20 for rides. Records of payments would be kept by Deductions for services would also be recorded thetheDispatcher. also contribute to the Prepayment Account. Dispatcher. Families of users could 3. Donations from churches, civic organizations, etc. would be solicited to try to keep the cost of the service reasonable. 4- Provision would be made for those who need the service but cannot afford it. 5. The cost of a half-tune Southlake employee as Dispatcher would be about S17,000 per year. 6. Umbrella insurance for Volunteer Drivers would be about S9 per year per driver. 7. When a van is secured the cost of licensing,maintenance, fuel, insurance, etc. will need to be paid.This would be about S8,000 per year plus fuel cost. 8. Some Volunteer Drivers may need mileage reimbursement. RESOURCES: CareCorps,Inc. in Bedford is operating a transportation system similar to the one in this proposal and they are willing to work with us in establishing a system in Southlake. See description and Volunteer Procedures. (Attachments I and 2) The Independent Transportation Network of Portland, Maine started a similar system in 1995 with three volunteer drivers and forty senior riders. They now have 75 volunteer drivers using their own cars and five paid drivers using four company owned vehicles and provide 1200 rides each month. They are a demonstration project of the Federal Transit Administration who will help other cities set up similar systems. (lbw' Grapevine provides transportation for their Seniors to the Senior Center daily and from there to grocery stores,medical hasbeen appointments,vVaLtilart,Target,etc. Over about a ten year period this system been developed from vans to a present 30 passenger,handicapped equipped bus.There is no charge for the service.The drivers are part-time city employees who also do work at the Center.The Center Director indicated a willingness to explore a joint transportation system with Southlake and possibly Keller. Keller has no community provided transportation for Seniors, and their Center Director indicated an interest in exploring a joint one for this area. Non-profit Organizations-Metroport Meals on Wheels has extensive experience in recruiting volunteer drivers, fund-raising,and transporting meals.They do enable some transportation of Seniors by coupling a volunteer driver with a Senior in need of transportation. MMOW Executive Director said they would be interested in exploring the possibility of serving as the sponsoring non-profit organization for STSI which might be expanded to other cities in their delivery area. The Southlake Lions have indicated a willingness to provide organizational and financial support. Van Sharing-Southlake churches and schools have vans and small busses which are not in use at all hours and might be available to transport Seniors to and from the Center. White's Chapel UMC is looking at their van schedule to see whether one might be used for the Tuesday luncheon. Remington Retirement personnel are willing to share their vans for this type of service. The U. S. Department of Health and Human Services has several funding sources to help communities develop transportation services,purchase vehicles,etc.They ask that disabled also be included in the "rider"group.Their funds are administered as grants through the various state agencies;i.e., The Department of Transportation in Austin,Texas.They will furnish 80%if the community provides 20% toward the purchase of vans to transport Seniors and Disabled. Page 3 . 4.-30-1999 6:5dAM FROM SOUTHLAKE PARKS REC 817 A21 2175 P. 6 .,%k l./ At-fa-4 iii rti e.N4 i Care Corps Help . Here . to ; .. ....i . ..... , . . . . .. . _ .._ . . . . , Serving the Elderly of Northeast Tarrant County Since 1981 AsHO ARE PIE? Care Corps helps to make it possible for them to continue living independently in the homes they have owned tine Since ^981, Care Corps has taken the lead in coordinadng loved for decades. voiunteers to help the elderly in Northeast Tarrant County. Care Corps is a non-profit association of churches, civic Indepenoencal Liberty! Freedom! Familiarity! Privilege!;roues, ousinesses and individuals whose goat is to pre- What glorious concepts. Independence is. without a sane the independence and well-being of car senior citi- doubt, cut greatest pleasure: though you probaoiy-never tens We are a 501(c)(3)organization that receives no state, think of it as such until there is a question of losing it. All federal or United Way funding. XI donations and Rifts are of us acuate independence with transportation freely yosrg :caaile 'tax deductible. An inter.`aith, interger.erationai voiun- where arc when we want to or need to go. =:deny fce s leer association, Care Corps does not discriminate on the don't always have that option; parecuiariy in NE Tarrant basis of race, sex, religion or nationai origin. County. Every day Care Corps answers the cail arc provides transportation for the daily activities of ivirg 3E 'ia.::2� ..,"A:LeaSLE: indere.ncer.tiy - `cod shopping. errands and epee:realer:S. Care Corps volunteers make it possible rcr ser icrs ;c ;2: With governrnent and private resources becoming more and to their doctor appointments, get tneir prescriptions. cc more limited. Care Corps has taken action in recruiting and their grocery shopping and errands and :he is: ices or. L' 0t ring -'cunteers vaeing to hale others and direct!" and on Care Corps clients deligr.t in C3i(ing the Offic' :C ,K.r.g them to those in neec. Cement?), Care Corps pro- mice:he.r own arrangements. vacs Circa::services to people who are age oG and over and reside in the foilowing areas: Bedford(76021. 750221, Col- !eyviiie (76:34), Euless (7S039,76040). Hurst (76053, GRO'NiNG AN EaiCica-7 az-ataliee, a a aa,_ea 75C5=`. Haltom City ('91'7;, Richland Hills (78115), -''s:: 0 .• - R CUR Saa1C? 0:T:==:.6 North Richland Hills (75180' 'Southlaiie dre; Wa- tauga(75148), and Grapevine(6061). lnvaivaote services Care Corps continues strong 7ecal e or the :cercina;2c provided ay Care Corps include transportation. minor home efforts of friends from churches. civic erganizaticns. repairs hancicap access. yard •work. shoccir,g/errands. food businesses. and schools have answered the cail. Ore ce:ivery, visiting/phone assufance information and referral, veep p c= . =t de all Of these Services ey t ereele""es - eat • advocacy and other assistance as needed tcgetner we can make a real difference in ;pa lives of cur elderly neighbors in Northeast Tarrant Ccurty, OUR /OLU"1TE=r S Care Corps remains fiscally responsible by ensuring :hat donations are used for direct services for the elderly. Care all Care Ceres volunteers hold each client in tie highest re_ Corps _ rielcys a full time Executive Director. •.i'o Bard and respect. Care Corgis .ciunteers bring a wealth Of oversees the case management and service delivery skills. training and information to this organization. in add'- system. as well as developing new programs and offer:rc tic' the vciurteer time Spent will mac i client s truly !r vaLu- e.s stance to ether geographical areas wiSrning to have :ne Sole. Care Corps is an an organization that places human Care Corps model of services estabiishec. A part time :Cuch and c:neness above an else. There is no substitute cr Office Manager runs the day to day business of Care medical advancement that can replace the simple act of car- Corps, intake of new clients, scheduling and delivery of ing, and in turn, putting that caring into action. services. All other roles are filled by volunteers. Cue to - the thousands of hours and miles given by our volunteers, CUP CL.eV'g each collar contributed to Cafe Corps generates a minimum of$4 in direct services to our clients. Care Corps clients typically live alone, having outlived their spouses. other relatives and their circle of friends. Many Thank you for this opportunity to share the Dare times :heir immediate families live hundreds of miles away Corps story with you. Please do not hesitate to and unaole to provide services for them. It is difficult for contact our office at 817-282-0531 to find out •nern to maintain there acmes anal property. Many of their HOW YOU CAN HELP TO CONTINUE THIS Liv,-yes are unsafe. WONDERFUL SERVICE TO OUR COMMUNITIES. Hey �s Help" Care Corps 745 West Pipeline Rd. - Hurst, TX 76053 4-30-1999 6:55AM FROM SOUTHLAKE PARKS REC 817 d21 2175 P. 7 • CARE CORPS - SERVICE VOLUNTEER PROcEDLTRES Job Description The service volunteer has indicated to Care Corps one or more areas in which he/she feels qualified to serve: The volunteer may become aware of additional needs of the care receiver, sort-ins as a valuable link between the care receiver and Care Corps. Service Request 1) O'ce volunteer provides explanation of se:-,:ice recuested with dateltirr_e 2)Emergency contact information is available fort each client 3)3L-tPSCO is available in office and Care Cep- : assist with directions • Contacting the Client 1) Call client to cor.t the time you will`r.-e to crov.de transportation • • 2)Wear your Care Corps Badge • 3)Remain on first name basis only 4) Donation Envelopes may be even to client 5) All appointments/requests for services should come through the o.ce 6) Home repairs-I you notice a home repair: ease nctif the ou,ce �Qe ? Client Transportation I) Make sure clients seatbeit is securely fastened 2) Offer your arm for additional support wen es:.cr-,irg them 3) Protect clients from door corners 4) Wheelchairs -Drivers will not take a wheelchair up or down a step higher than 6 inches or more than one stet? Client Service or Client Problem Please contact the Director or Office Manager. Your safety is very imponant to us. is a: time yo;t feel uncor:f rt Froe to leave inrr "i2ie " Record Keeping 1) Time and Mileage-from your home until you arrive back home 2) Can office or Fax- time, mileage and total of stops (may leave message on mac nine) Care Cort;s uses this information in our statistical recoran_ system 3) IRS Tax Deduction - A letter will be orovided with information upon -,':-:Le.. THANKS FOR ti OLtNTEERL`+G CARE CORPS BUSTY SS PHONE 232-0531 Fax Number 232-7980 Executive Director - Joanne Leek 230-0969 L d-30--1999 6:56AM FROM SOUTHLAKE PARKS REC 817 d21 2175 P. 8 establish a new program. There would be minimal start up costs since CARE Corps would utilize existing dispatch, scheduling, and training services. The City would need to provide staff support in establishing a Southlake volunteer base to service local residents. Assistance in the publicity of CARE Corps programs and services could also be provided through the City's various publications, cable channel, and local organizations. The CARE Corps program would be supplemented by the City's contract with the Northeast Transportation Services (NETS)for disabled and senior transportation service. CARE Corps currently has three (3) clients in Southlake. To expand service within the area they mentioned the following items as being necessary: 1) Increased area volunteer support; and 2) The possibility of an additional phone line should dispatching requirements increase. CARE Corps expansion of services could likely begin with ninety-days and a trial period could be established to evaluate the efficiency and effectiveness of this alternative. This program would require no direct out of pocket expense to the City as staff costs could be absorbed within the existing budget. It is possible that the CARE Corps expansion could provide services that meet the initial goals of the Senior Activity Commission report and help to build the volunteer and client base necessary to establish, if warranted, a direct City transportation service in the future. Indirectly, the volunteer based transportation service could also contribute to the development of the planned Southlake volunteer program. Existing volunteer entities might also be utilized to provide periphery services to local CARE Corps clients (ex. SYAC volunteers to perform minor home repair, yard service, and home/telephone visits). If instructed to do so, staff is prepared to develop a program to implement an expanded CARE Corps transportation service within the City of Southlake. If you have any questions or need additional information, please contact me at your convenience. 4-30-1999 6:51AM FROM SOUTHLAKE PARKS REC 817 d21 2175 P. 1 • - City of Southlake, Texas MEMORANDUM April 30, 1999 TO: Kevin Hugman, Director of Community Services FROM: Steve Polasek, Deputy Director of Community Services SUBJECT: Senior Transportation Services As local communities age, senior issues such as transportation, health care, and housing become increasingly important. The dilemma faced by cities is how to best identify, prioritize, and address those issues in a timely and economically prudent fashion. Recent surveys included in a report from the United Way-Northeast Seniors Issues Committee indicates that approximately 750 Southlake residents are over the age of 65. By the year 2006, the City will have approximately 2,000 residents age 55 and over. Of those, slightly less than half will be over the age of 65. While this is not an extremely large number when compared to many neighboring communities, it does represent a significant segment of our population. Transportation, or more accurately the lack thereof, is almost always mentioned as the number one concern facing senior citizens. It plays a critical role in their health and social well being. While many seniors maintain their ability to drive, others do not. They must rely on relatives, local volunteer services, or taxi cabs to reach such common destinations as the doctors office, stores (grocery and non-food stores), churches, and senior centers. One option for providing senior transportation services would be to establish a City sponsored program. Service demands within Southlake would need to be carefully evaluated in order to determine if they warrant the costs involved with establishing such a program. Start-up and on-going operational costs would include the purchase of an accessible van, vehicle maintenance (oil, tires, repairs), fuel, insurance, employees (driver and dispatcher/program coordinator), office space, and office equipment/supplies (desk, phone, computer, etc.). The City would be unable to utilize volunteer drivers for City vehicles due to liability issues_ In an effort to research other alternatives for providing transportation services for seniors in the Southlake area, staff recently met with Joanne Leek, Executive Director of CARE Corps. Established in 1981, CARE Corps is a non-profit association of churches, civic groups, businesses, and individuals dedicated to preserving the independence and well being of the elderly in Northeast Tarrant County. CARE Corps serves the communities of Bedford, Euless, Grapevine, Haltom City, Hurst, North Richland Hills, Richland Hills, Watauga, and Southlake. Services provided includes transportation, minor home repairs, handicap access, yard work, shopping/errands, and food delivery, to name a few_ As mentioned, CARE Corps already provides senior transportation service within the Southlake area. CARE Corps indicated that they could easily expand transportation programming within the City and do it more quickly and cost effectively than the City could d-30-1999 6:52AM FROM SOUTHLAKE PARKS REC 817 d21 2175 P. 2 • • Southlake Senior Advisory Commission April 14, 1999 FO From: Southlake Senior Advisory Commission APR I5 1999 j[ja To: Southlake City Council Subject: Southlake Trans OFFICE OF CITY SECRETARY Poltation Service Proposal Attached is a proposal for the establishment of Southlake Transportation Service, Inc.for providing transportation services for Seniors and Disabled Persons. This proposal shows the need for transportation for these residents and proposes a plan with a reasonable cost. The Resources section of the plan shows that there are some alternatives which can be used in providing this transportation. We recommend that the Southlake Transportation Service, Inc.be implemented as soon as possible in Southlake using one of the following plans: 1. That the City of Southlake fund the program with salary for a half-time dispatcher/record keeper who would be a city employee using space and equipment provided by the City, matching funds for van purchase; vehicle maintenance, etc. at an estimated cost of S30,000 annually. Volunteer drivers would use either their own vehicles or the city van. 2. The creation of a non-profit corporation with a Board of Directors having eight members to (tam, oversee and manage STSI. The corporation would hire a full-time director/dispatcher/record keeper,rent space and telephone service,secure a van and maintain it, provide insurance, etc. at an estimated cost of S50,000. Volunteer drivers would use either their own vehicles or the corporation's van. The City of Southlake is requested to provide S30,000 annually. The remaining funds would be secured through user fees,donations from individuals or organizations or businesses, or fundraising events. The Southlake Senior Advisory Commission members unanimously approved this proposal and we request that the Southlake City Council approve setting up the Southlake Transportation System,Inc. and allocate funds from the 1999-2000 budget to support this much needed service. Martha Greenberg, Vice Chairperson GG cc: Curtis Hawk, Southlake City Manager L d-30-1999 6.52AM FROM SOUT-LAKE PARKS REC 817 4.21 2175 P_ 3 a Senior Advisory Commission Transportation Committee Southlake Transportation Service, Inc. for Seniors and Disabled Persons PROPOSAL PURPOSE: The purpose of this project is to set up a service to provide transportation for Seniors and Disabled persons in Southiake as soon as possible. NAME: It is suggested that the service be named, "Southlake Transportation Service,Inc.,"STSI and that a non profit corporation be formed to oversee management of the service. NEED: As Southiake's Senior population grows and ages it is becoming obvious that a method for transporting seniors to various activities, doctor appointments,markets,etc., is urgently needed.The parking area at the Senior Activities Center will no longer hold the individual automobiles of our senior participants. Senior Citizens 85 and older are the fastest growing segment of the older population today and most seniors 85 and older should not be operating motor vehicles.They become dependent on family and friends for transportation since there are no public transportation services available or they are forced to withdraw from community and social activities and may not be able to obtain needed medical services. Some neighboring communities are now providing transportation services for their seniors and disabled residents. A survey of Southlake Seniors showed that 26%either need transportation now or likely will within the next five years. The survey was made of Seniors who have attended the Tuesday Luncheons at the Southiake Senior Activities Center frequently enough to be included in the roster. When Seniors who are not residents of Southlake are included 32%stated that they either needed transportation now or likely would within the next five years. Since the Seniors surveyed either drive or have someone who will bring than to the Center it seems likely that among the unsurveyed Southlake Seniors the percentage needing transportation will be larger. Several efforts are underway to try to locate such Seniors. GENERAL DESCRIPTION: It is proposed that the transportation needs described above be initially provided by volunteer drivers using their own vehicles and scheduled by a volunteer Dispatcher who would be located at the Senior Activities Center. As soon as practical, a part tune Dispatcher should be assigned-probably from the Community Services Department for better coordination with the city and to provide documentation of policies and procedures and ultimately to prepare grant applications. The Dispatcher would receive requests for transportation from individuals and then schedule volunteer drivers to provide the service. In the future the Dispatcher might be a half time City of Southlake employee. The users would be members of STSI and make a Prepayment for future transportation.There would be a charge made for each trip which would be deducted from the Prepayment. The income would be used to pay insurance, advertising,telephone service,and possibly in time the salary of the Dispatcher. As usage increased it would likely be necessary to purchase one or more vans. Financing for these vans could come from Southlake, U. S. Government Programs or donations from organizations or individuals. L Page 1 d-30-1999 6:53AM FROM SOUTHLAKE PARKS REC 817 421 2175 P. d Lapi•- RIDER ELIGIBq,1TY: I. Seniors and Disabled Persons who are residents of Southlake. 2. Active participants in the Southlake Senior Activities Center programs who are not residents of Southlake. 3. People in the above two groups who complete a Membership Form,pay S20 into their Prepayment Account and can be accornodated by currently available transportation equipment and personnel will become members who will be saved. 4. Members would be furnished rides to Senior Activities Center,medical services, shopping, financial services,hair care, (additions may be made to this list) OPERATING HOi JRS: 1. Monday through Friday from 8 am to 5 pm. 2. Special Events SCHEDULING: 1. Persons desiring transportation would call the Dispatcher, during a specified period, such as 8 to 12 am, at least 24 hours before transportation is needed-and Ionger when possible for prescheduled appointments or events.They would provide the following information:name, address for pickup, destination.,pickup time and return time,if needed. 2. Dispatcher would determine the schedule for the following day and relay it to the Volunteer Drivers who are scheduled to drive that day. VOLUNTEER OPERATIONS: 1. A Volunteer Coordinator would have responsibility for overseeing the recruitment, training and scheduling of all Volunteer Drivers. 2. Weekly Volunteer Supervisors would each be responsible for the operation of the Volunteer Drivers for one week during each month. They would arrange training of Volunteer Drivers, establish weekly driving schedules,give these schedules to the Dispatcher, and arrange for replacements when a scheduled driver is not available. 3. A Training Supervisor would establish a training program and see that each new Volunteer Driver is properly trained. 4. Appropriate recognition of Volunteer services will be made. VOLUNTEER DRIVE I. Volunteer Drivers would furnish their own vehicles and would be responsible for their maintenance and fuel. Vehicles must have current state inspection seaL Accident records would be checked. 2. Volunteer Drivers would be trained in the procedures and policies of STSI. 3. Volunteer Drivers would contact the Dispatcher on the evening before their scheduled driving day to obtain their assignment for the next day. 4. If a Volunteer Driver was unable to drive when scheduled he/she would contact their Weekly Volunteer Supervisor so that a replacement could be secured. 5. The driver will keep a log of rider's name, address, start time and mileage, arrival time and mileage at destination and the same information for the return trip.This information would be given to the Dispatcher to record. FINANCES: 1. The cost of each one-way trip in the Southlake area would be$2.50 and a schedule of additional fees would be developed for trips outside this area_ L Page 2 d-30-1999 6:5dAM FROM SOUTHLAKE PARKS REC 817 d21 217S P. 5 • L2. All users would prepay S20 for rides. Records of payments would be kept by the Dispatcher. Deductions for services would also be recorded by the Dispatcher. Families of users could also contribute to the Prepayment Account. 3. Donations from churches, civic organizations, etc. would be solicited to try to keep the cost of the service reasonable. 4. Provision would be made for those who need the service but cannot afford it. 5. The cost of a half-time Southlake employee as Dispatcher would be about S 17,000 per year. 6. Umbrella insurance for Volunteer Drivers would be about S9 per year per driver. 7. When a van is secured the cost of licensing,mainrwance, fuel, insurance, etc. will need to be paid.This would be about S8,000 per year plus fuel cost. 8. Some Volunteer Drivers may need mileage reimbursement. RESOURCES: CareCorps,Inc. in Bedford is operating a transportation system similar to the one in this proposal and they are willing to work with us in establishing a system in Southlake. See description and Volunteer Procedures. (Attachments I and 2) The Independent Transportation Network of Portland,Maine started a similar system in 1995 with three volunteer drivers and forty senior riders. They now have 75 volunteer drivers using their own cars and five paid drivers using four company owned vehicles and provide 1200 rides each month. They are a demonstration project of the Federal Transit Administration who will help other cities set up similar systems. (re Grapevine provides transportation for their Seniors to the Senior Center dailyand from there to grocery stores,medical sn appointments,WaIMart,Target,etc. Over about a ten year period this system has been developed from vans to a present 30 passenger,handicapped equipped bus.There is no charge for the service.The drivers are part-time city employees who also do work at the Center.The Center Director indicated a willingness to explore a joint transportation system with Southlake and possibly Keller. Keller has no cotmmunity provided transportation for Seniors, and their Center Director indicated an interest in exploring a joint one for this area. Non-profit Organizations-Metroport Meals on Wheels has extensive experience in recruiting volunteer drivers, fund-raising,and transporting meals.They do enable some transportation of Seniors by coupling a volunteer driver with a Senior in need of transportation. MMOW Executive Director said they would be interested in exploring the possibility of serving as the sponsoring non-profit organization for STSI which might be expanded to other cities in their delivery area.The Southlake Lions have indicated a willingness to provide organizational and financial support. Van Sharing-Southlake churches and schools have vans and small busses which are not in use at all hours and might be available to transport Seniors to and from the Center. White's Chapel UMC is looking at their van schedule to see whether one might be used for the Tuesday luncheon. Remington Retirement personnel are willing to share their vans for this type of service. The U. S. Department of Health and Human Services has several funding sources to help communities develop transportation services,purchase vehicles,etc.They ask that disabled also be included in the "rider"group. Their funds are administered as grants through the various state agencies;i.e., The Department of Transportation in Austin,Texas.They will furnish 80%if the community provides 20% toward the purchase of vans to transport Seniors and Disabled. Page 3 d-30-1999 6:5dAM FROM SOUTHLAKE PARKS REC 817 d21 2175 P. 6 , _1r it .._ Alli'f&G Lim.eA4 I care Corps : ,.Wë! re ',2. - . - -e re : .. . . ... __ . . . . . . .. . _ ..., . . . . ... • . .. , Serving the Elderly of Northeast Tarrant County Since 1981 :^ik0 ARE -NE? Care Cords helps to make it possible for them to continue living inceoendently in the homes they `cave owned and Since 1981, Care Corps `es taken the lead in coordinating loved fcr deeedes. voiunteers to help the elderly in Northeast Tarrant County. Care Corps is a non-profit association of Churches. Civic independence! Liberty! Freedom! Familiarity! Privilege! groups, businesses and individuals whose gee' is to pre- What glorious concepts. independence is. '.vithcut a serve the independence and weii-being of Cur senior oiti- doubt, cur greatest pleasure: though you probaoiy never tens We are a 50 i(c)(3)organization that receives no State, think of it as such until there is a questor, of !osiny it. All federal or United Way funding. rill donations and gifts are of us ecuare independence with transportation freely going �ctaiiitax deductible. An interfaith—, intergenerational volun- where arc when we want to or need to go. E deriy folk_ :eer asscc:ation,tare Corps does not discriminate on the don't always have that option: part:cuiarty in NE Tarrant basis of race, sex, religion or national origin. County. Every day Care Corps answers the call arc provides transportation for the daily activities of ;ivirg :4E-'.:c,c,- - ../AiLAElLE. indecencert:y - food shopping. errands and accc:ntr'ents. Care Corps volunteers make it possible for seniors ;c ;e: With government and private resources becoming more and to their doctor appointments, get their prescriptions. cc more limited. Care Corps has taken action in recruiting and their grocery shopping and errands and the list ;ces or. and c n ethe r, icrcira:irc 4o!untesrs vi:!!ing to help otr.ers and dlrroct!v a. on Care Corp„ clients d_iogrt in cluing a office :: ,king them :o those in need. Currently.Care Corps pro-(tioe, a make; err own arrangements. ✓ices direct services to people who are age oG and over and reside in the`oJlowing areas: Bedford (76021. 73022), Col- !eyviile (76.034), Euless (76039,75040), Hurst (76053, C'P,r0Wi:NG AN E=?iC:EN•s- SE 'IIC= _F_. 75C5u . Haltom City (75117), Richland Hills (78118), ayS='•t FCR CUR SEPi{CP, C:71.==`:5 North Richland Hills (76180)''Southlelee . Wa- Care CCr3 continues strong decai.:se of the :Corcina ec tauga(75148), and Grapevine(i 6051). Inva;uaole services provided ;y Care Corps include transportation. minor home efforts of friends from churches. civic organizations. repairs. handicap access. yard .work, shooting/errands. food businesses. and schools have answered the call. One ce:ivery, visiting/phone assurance. information and referral. veto.: :e. =t =0 ail of these services oy the'meeives - :Ut • advocacy and other ass:st2fce as needed. together we can make a real difference in the ;fives cf cur elderly neighcors in Northeast Tarrant County. OUR /OL'r'JTEE S Care Corps remains fiscally responsible by ensuring that donations are used for direct services for the elderly. Care Ail Care Ceres voiunteers held each client in the highest re- Corps e7nolcys a full time Executive Cirectnr. •tyro gam and respect. Care Corps volunteers bring a weaith of oversees the case management and service ceiive.^,i skills. training and information to this organization. In addi- system. as well as developing new programs and offering tics, the veiurteer time Spent with Baca client IS nvalu- aesista.'.ce to other geographical areas winning to have :he truly Care Corps model of services establishes. A part time 3nle. Care Corps is an an organization that pieces human :Cud` and c:r.dnesS above all else. There is no substitute cr Office %tanager runs the day to day business of Care medical advancement that cart replace the simple act of car- Corps, intake of new Clients, scheduling and delivery of ing, and in turn, putting that caring into action. services. All other roies are filled by volunteers. Due to • the thousands of hours and miles given by our volunteers, Stu CL:N S each collar contributed to Care Corps generates a minimum of 34 in direct services to our clients. Care Corps clients typicaily live alone, having outlived their spouses, other relatives and their circle of friends. Many Thank you for this opportunity to share the Care times their immediate families live hundreds of miles away Corps story with you. Please do not hesitate to and unaole to provide services for them. It is difficult for contact our office at 817-282-0531 to find out • "+ern :c maintain there hones and prcoery. Many of their HOW YOU CAN HELP TO CONTINUE THIS r,es are unsafe. WONDERFUL SERVICE TO OUR COMMUNITIES. HelpHelp!>l Cara Corps 745 West Pipeline Rd. - Hurst, TX 76053 d-30-1999 6:55AM FROM SOUTI-LAKE PARKS REC 817 d21 2175 P. 7 . CARE CORPS - SERVICE VOLUNTEER PROCEDURES Job Description The service volunteer has indicated to Care Corps one or more areas in which he/she feels qualified to serve: The volunteer may become aware of additional needs of the care receiver, serving as a valuable tin:`between the care receive:and Care Corps. • Service Request 1) Office volunteer provides explanation of sauce rec.uested with date/time 2)Emergency contact information is available for each client 3)3L-kPSCO is avzilabit in office and Care Cer' assist with directions • Contacting the Client 1) Call client to corsim the time you wa1 `• !e : _rovid_ tranwc :at:cn 2)Wear your Care Corps Badge • 3)Remain on first name basis only 4) Donation Envelopes may be ,ven to client 3) All appointments/requests for services should dome through the o=ce 6) Home repairs - Ifv-cu notice a home repair.:ease notify the ou,ce iket Client Transportation 1)Make sure clients seatbelt is securely fastened 2) Offer your armor additional support when es:.crirg them 3) Protect clients from door corners 4) Wheelchairs -Drivers will not take a wheelchair up or down a step hi?aer than 6 inches or more than oneTsten • Client Service or Client Problem Please contact the Director or Office Manager. Your Safety is vfe y i;nportar.t to _s. If a: time 'o-.1 fee:uncomfortable., feel frt..: to leave irarnedit:.ely. Record Keeping 1) Time and Mileage-from your home until you arrive back home 2) CalI ofirce or Fax- time, mileave and total of stops (may leave message o. n:ac-;-e) Care Corps uses this information in our statistical reporan= system 3) IRS Tax Deduction - A lever will be provide_ with information uper. - Guest THANKS FOR ti OLU NTEER C G CARE CORPS BUSL ESS PHONE 232-0531 Fax Number 232-7930 Executive Director - Joanne Leek 230-0969 • A-30-1999 6:SEAM FROM SOUTHLAKE PARKS REC 817 A21 217S P. 8 establish a new program. There would be minimal start up costs since CARE Corps would utilize existing dispatch, scheduling, and training services. The City would need to provide staff support in establishing a Southlake volunteer base to service local residents. Assistance in the publicity of CARE Corps programs and services could also be provided through the City's various publications, cable channel, and local organizations. The CARE Corps program would be supplemented by the City's contract with the Northeast Transportation Services (NETS) for disabled and senior transportation service. CARE Corps currently has three (3) clients in Southlake. To expand service within the area they mentioned the following items as being necessary: 1) Increased area volunteer support; and 2) The possibility of an additional phone tine should dispatching requirements increase. CARE Corps expansion of services could likely begin with ninety-days and a trial period could be established to evaluate the efficiency and effectiveness of this alternative. This program would require no direct out of pocket_expense to the City as staff costs could be absorbed within the existing budget. It is possible that the CARE Corps expansion could provide services that meet the initial goals of the Senior Activity Commission report and help to build the volunteer and client base necessary to establish, if warranted, a direct City transportation service in the future. Indirectly, the volunteer based transportation service could also contribute to the development of the planned Southlake volunteer program. Existing volunteer entities might also be utilized to provide periphery services to local CARE Corps clients (ex. SYAC volunteers to perform minor home repair, yard service, and home/telephone visits). If instructed to do so, staff is prepared to develop a program to implement an expanded CARE Corps transportation service within the City of Southlake. If you have any questions or need additional information, please contact me at your convenience. City of Southlake, Texas MEMORANDUM March 9, 1999 Copy To: Curtis E. Hawk, City Manager From: Charlie Thomas, Deputy Director of Public Works Subject: Kirkwood Branch — Runyan property downstream of Durham Elementary School As you will recall, you, Debra Edmondson and I met with Mr. and Mrs. Runyan a couple of months ago and discussed the flooding situation downstream of the detention pond on the Durham Elementary School property and the impact of that on the Runyan's backyard. During that discussion, Mr. Runyan requested that the City fill a portion of his backyard which he claims is inundated by flood waters now that the detention pond has been constructed along with the construction of the elementary school and junior high school. Mr. Runyan claims that prior to this construction, he had no problem with water flooding his backyard. It was agreed that we would have the backyard cross-sectioned and then calculate the necessary amount of fill dirt to level the Runyan's backyard. The cross-sections have been completed and a grading plan prepared by Cheatham and Associates. It will take approximately 900 cubic yards of dirt to fill the backyard as requested. A dirt contractor has estimated the cost for hauling and spreading that amount to the Runyan's backyard to be approximately $15,000.00. The preliminary work done by Freese and Nichols indicates that the small dam on the property east of the Runyan property, which is in a drainage easement, is an obstruction to the flow of water from the detention pond and causes the water to back-up and spread out over a large area during the run-off from a storm. It is my recommendation that this dam be removed and the pond filled prior to any fill being placed on the Runyan's property. Last week, Mr. Runyan called and asked about the status of his request. I told him that we had accomplished most of the data gathering and had some preliminary cost figures, but had not discussed it with the Council. At this point, I need some direction as to how to proceed in this manner. Please advise. arlie J. T as, P.E. Deputy Director of Public Works CC: Bob Whitehead, Director of Public Works COPY �. 979 Shady Oak Drive Southlake,Texas 76092 (817)481-6447 November 12. 1998 Rick Stacy, Mayor O � 6EOdE ? City Council Members City of Southlake ...r 1725 E. Southlake Boulevard Southlake,Texas 76092 OFFICE OF CITY SECRETARY Dear Mr Mayor and City Council Members, I will be unable to attend the November 20, 1998 City Council Meeting,and there are a couple of items that I would like to bring to your attention. First, I would like to say Thank You for putting this issue as an agenda item and striving toward a workable solution. I would also like to commend you, Mr. Stacy and all council members for presenting yourselves in a very professional and caring manner. I can honestly say it has been a pleasure to talk and explain my situation to you and the city council because of your pleasant attitude. Your professionalism speaks very highly for our community, and a community I am very proud to live and be a part of. This, and the fact that I know you will do what is right, is the reason I have twice turned down an offer from the Fort Worth Star Telegram to run this story. There was a couple of statements made by Mr. Whitehead last week that did not completely represent the facts as I L'ee them. I would like to clear them up using the attached Exhibit A as a guide. He stated that about one half of le fifty acres in question had always drained toward the West. If you will look on Exhibit A at the blue lines West,you will see that it is less than a third. When asked if a significant amount of water had been diverted to the West, Mr. Whitehead's answer was"Not a significant amount." I would like for you to look at the red lines flowing West that once flowed East. I believe it is a very significant amount of water,since grass only has about a .35%run off and concrete has a .90%run off. I would say, counting the entire top of the school,that about one third more water has been diverted toward the West. An additional one third amount of water is significant. Any amount of water is too much,when everyone involved knew we could not stand more water flowing West. It was stated that Mr. Cheatham did everything in accordance with the Southlake City Ordinances. If this is true, may 1 suggest we get our ordinances in compliance with the State. It is unlawful to divert water from one piece of property to another and cause damage to another person's property with that water. Let me say again, I appreciate your considerations and patience. I would like to see this problem resolved as quickly as all of you, especially before we start the winter rains. Please call me at the above phone number if any of you have any questions. Cordially Yours, Billy W. unyan cc: W. Ralph Evans, Mayor Pro Tern Wayne Moffat Ronnie Kendall Debra Edmondson Gary Fawks Scott F. Martin, Deputy Mayor Pro Tern Attachment: Exhibit A • L Billy W. Runyan 979 N. Shady Oak Southlake, Texas 76092 February 12, 1996 Mr. Michael Murphy Interim Superintendent Carroll Independent School District 1201 North Carroll Avenue Southlake, Texas 76092 Dear Mr. Murphy, This is in response to the letter received from Mr. Thomas E. Meyers of Rohne Hoodenpyle Lobert Myers & Scott, P.C. dated February 5, 1996, copy attached for your information. The letter stated that I objected to signing an access agreement allowing the district or its contractors to enter my property while doing the off-site drainage work. There has been a misunderstanding concerning this agreement. During the month of October, I signed a release for this repair work to be performed, but marked through one paragraph of that agreement that did not have anything to do with the agreement for the access to my property. I cannot comment on the remainder of the contents of that paragraph because Mr. Warren Anderson's office failed to mail me a copy of that letter as he assured me he would do. You will not be able to put my property back to its original state without coming onto my property. Let me give you a short explanation of what led up to the letter mentioned above. Approximately sixteen months ago I was informed of a zoning change being requested by the Carroll Independent School District to build a school on the adjacent property south of me. At that time I attended a City Council meeting to discuss the plating of that property and was concerned when I learned about the drainage proposals. (A a ime I informed both the city and the school district about my concerns. I explained to them about the water problem I had when I bought this property fifteen years ago. How, after many hours of work by, Mr. Ramsey owner of the property East of my property, and Mr. Clow owner of the property South of my property, and myself we were able to restrict the flow of the water and re-route it to it' s original channel. Since that time I have not had a problem with the water drainage./ L (....- After bringing this up in the city council meeting, Mr. Eddie Cheatham came up with a plan to build a holding reservoir to release the excess water slowly from the school property. This reservoir was built and after the first two inch rain we had, the water backed up onto the school parking lot. The reservoir was removed and replaced by a 32 foot wide opening which is wider than the Trinity River and could not possible hold any water. The next rain we had was 2 3/4 inches which caused the water to come over my property with such force it took out my wife's flower beds, fence, landscape timbers, and a load of dirt I had in the back for future use. The day following this, I called Mr. Branum and asked him to come to my property to look at the damages. Mr. Branum and a representative from Mr. Anderson's office came out and we looked over the situation. Mr. Branum instructed Mr. Anderson's representative to do whatever was necessary to correct and fix this problem. As of two weeks ago nothing had been done so I called a school board member to find out what was being done. That member did not know, but said they would check on it for me. The next response we had was the letter that is attached from Mr. Myers. Mr. Murphy, Southlake City Manager, Carroll Independent School Board Members and Southlake City Councilmen, I feel that I have been misled, misinformed and harassed over this entire issue which is very minor and could be dealt with in one days time. I feel that this has become a city issue, because water drainage is a city matter. The drainage was not done as the Carroll School District assured the city that it would be done in order to obtain the permit for construction. All I am asking is that my property be put back to its original state and the water be kept off of my property as it was before you started work. Also enclosed please find a copy of an estimate to have electrical repairs done on my property which were created when the turn around was built by your contractors. Thank you for your time and consideration in this matter. I am looking forward to hearing from you and getting this whole issue resolved. Sincerely, Billy XI-7411 al ii:7. Run Enclosures cc: All School Board Trustees Mark Terry, Principal, Don T. Durham Elementary LB.- Southlake City Manager All City Council Members Mr. Thomas E. Myers, Attorney ROHNE HOODENPYLE LOBERT MYERS & SCOTT, P.C. LS.HOODENPYLE ATTORNEYS AND COUNSELORS AT LAW MAILING ADDRESS E.LOBERT 1323 WEST PIONEER PARKWAY-SPUR 303 P.O.BOX 13010 E.MYERS ARUNGTON,TEXAS 76094-0010 BOARD CERTIFIED-CONSUMER LAW B CRIMINAL.LAW ARLINGTON,TEXAS 76013 L TEXAS BOARD OF LEGAL SPECIALIZATION TELEPHONE:(817)277-5211 LYNN ROSSI SCOTT METRO:(817)265-2841 BARBARA M.WILLIAMS TAX DEPT:(817)277-0041 CHARLES BENJAMIN AKERS FAX LINE:(817)275-3657 WAYNEA.ROHNE February5, 1996 OF COUNSEL Mr . Bill W. Runyon 979 North Shady Oaks Drive Southlake, Texas 76092 RE: Temporary Access Agreement Dear Mr . Runyon: As you will recall, the Carroll Independent School District proposed a Temporary Access Agreement to be entered into between the District, you, and adjoining landowners . The purpose of the Agreement was to allow temporary access on your property, if needed, to perform off-site drainage work. At the time the draft (howwas presented to you, you objected to the terms of the proposal and did not wish to sign it . It is our understanding that you still do not wish to sign any type of an Access Agreement allowing the District or its contractors to enter your property while doing this drainage work. Therefore, we are writing to inform you that all drainage work will be performed on adjacent property and will not require access to your property. It will therefore not be necessary for you to sign any Temporary Access Agreement in connection with this work. Thank you for your attention to this matter . Please call the undersigned should you have any questions concerning this letter . Yours very truly, THOMAS E. MYERS TEM:hks c : Dr . Mike Murphy, Interim Superintendent hks/3388 L RECEFVED August 22, 1994 714?-6.1........ 1-=r`" ta4 } CITY SECIIETARY TO: MR. HAWKS, THE SOUTHLAKE CITY MANAGER AND ALL �,`z;' 5l.,C-0. CITY COUNCIL MEMBERS L • kC FROM: Bill and Betty Runyan 979 North Shady Oak Southlake, Texas 76092 (817) 481-6447 RE: Proposed Soccer Fields, Fencing, Drainage, Excess Noise, and Driveway Entrance affected by the new Elementary and Middle School Construction I made my position clear concerning the location of the soccer fields, drainage problems and excess noise at the last meeting on August 2, 1994. I left that meeting feeling that my requests were not taken seriously, therefore, I am putting those requests in the form of this letter. I am also requesting to be notified when any of these subjects are to be addressed at any meetings that is scheduled so that I may attend. Contrary to what Mr. Hawks said at the August 2nd meeting, the Lfields and parking areas are not as was requested by me. My suggestion was for the fields to be moved to the East fence line and the parking to the West of the fields, which would put the parking lots at the back of my property line. I then requested the section due South of my property line, out to the first entrance from Shady Oak, be designated and posted as school property. If this property is not designated and posted as such, then it is available for use as public property. Mr. Hawks has informed me that anyone can use that area at any time and no one can stop them. Gentlemen, the reference to the other property owners in other developments that may back up to school property had the choice of buying or not buying that property, with the knowledge of the school property being there. That, in my opinion was not very constructive to trying to solve this problem. I have not objected to the school, and have never expressed a problem with that. My taxes pay the same as everyone else and I will not be made to feel the whole burden of trying to solve the soccer field property shortage and saving tax paying dollars be put on me. I was here first and I feel that all possible consideration should be made to protect my property and privacy as much as possible. I am the only property owner that is directly affected by the water drainage and noise level problem. I do not believe any of you would allow a soccer field or a field that could be used for other purposes in the future be put as close to your property line as you are suggesting this one be put next to mine. I am just asking for the Lsame consideration you would give yourself in the same situation. L' Mr. Hawks, The Southlake Cit y Manager and all City Council Members Page 2 August 22, 1994 I am requesting as many trees be left as possible on my property line and a 10 foot wood fence be constructed near my property line with whatever type buffer protection is necessary to keep the noise level to a minimum. I also request that the water drainage be so designed that no water comes across my property from excessive rain. The last work performed by the city a few weeks ago caused the water from the next big rain to come across my property, washing out a fence, landscape timbers and cross ties. I corrected this problem at my expense. I have spoken with Mr. Branum and he agreed to work out a solution to my driveway problem, since I have to back out into the street to get out of my drive, and I appreciate his approach to this problem. I would like to make my position clear one more time, I am not opposed to the school. I am opposed to the items listed above, which will take away my privacy and interfere with any social gatherings my family may have in our back yard. I would very greatly appreciate any considerations and am willing to be as Lcooperative as possible to resolve these problems. I hope we will be able to keep an open dialogue on these matters and will work together toward a workable solution for all involved. Thank you for your time and cooperation and I look forward to hearing from you. Cordially Yours, Bill u bjr Enclosure: Property Map L Lim, 1 M 1 ,h i ; a 1 l I 4 kit sk 4- ' N Ea64F,6"-g• - ,,v/ iv r7:5d 5/VA) c 3 ,y ti:i. 4 5c,h001 Prof I 1 • i —...k lk i s i i 1 9' y'7 1 I I if Honorable Mayor and Members of City Council Future Agenda Item Comments and Other Items of Interest January 22, 1999 Page 10 of 12 12. Agenda Management Schedule/Special City Council Meeting. As discussed Tuesday evening, we really need to schedule time with City Council to discuss critical public works issues. We are hoping you would be available on the fourth Tuesday in February (23rd) for a special meeting. A draft agenda is included in this packet as part of the agenda management schedule, but we need to know your availability to participate. Please let Shana or Sandy LeGrand know if you can attend a special meeting on that date. - An updated agenda management schedule has been prepared and placed in your packet for reference. As you can see, this Spring is shaping up to be a busy one. 13. Director's Planning Retreat. The annual staff planning session is scheduled for February 4 and 5, as a 1-1/2 day effort. Tentative topics to be addressed include planning for the annual mid-year review and June Retreat, Council Priority Evaluation process, new Human Resource issues, and Master Calendar development. We will also develop or refine action plans related to the biennial citizen survey, strategic planning, website management, traffic management, and Town Hall development. As you can imagine, the annual planning retreat gives senior management staff an invaluable opportunity to plan in an environment conducive to uninterrupted discussion and thought. We appreciate your support of this effort. Note that each department will have a designated "Acting Director" to handle issues in his or her absence. 14. Meeting with Mr. and Mrs. Runyan. Yesterday afternoon Councilmember ik Edmondson, City Engineer Charlie Thomas, and I met with the Runyans on site. Although nothing new was discussed, I believe we made progress. The Runyans Honorable Mayor and Members of City Council Future Agenda Item Comments and Other Items of Interest January 22, 1999 Page 11 of 12 have indicated they will sell us an easement if we will agree to fill in a pad site for a pole barn he wants to build. They also agreed to allow us to make some improvements to the drainage area. I feel positive about the meeting. The surveyors for the engineers, Freese and Nichols, have completed their work in the area above Highland as of yesterday. We hope to have their recommendations for improvements within 30 days. We will give a staff briefing on this next City Council meeting. 15. Also included in your packet: • Thank you letter/notes • Schedule of monthly meetings (lbw • Copy of the printed final approved FY98-99 Annual Budget CEH Staff Extension Numbers: Campbell, Billy, Director DPS, ext. 730 Carpenter, Chris, Planner, ext. 866 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, City Engineer, ext. 779 Hawk, Curtis E., ext. 701 Heath, Lou Ann, Director of Finance, ext. 716 Henry, Ben, Parks Planning and Construction Superintendent, ext. 824 Hugman, Kevin, Director of Community Services, ext. 757 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Community Development Director, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Jackson, Malcolm, DPS Administrative Coordinator, ext. 726 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 15, 1998 City Council meeting Page 14 of 18 Director Last or Senior Planner Chris Carpenter should you have any comments regarding these recommendations. Other Items of Interest 44 , 20.Runyan Meeting. I had a chance to meet with Mr. and Mrs. Runyan early this week to discuss options for helping them with their drainage problem. We discussed a variety of issues which I will cover with you in Executive Session on Tuesday, one of which was the possibility of purchasing their property. Although Mr. Runyan did not give any indication of his willingness to go this route, Mrs. Runyan was clearly opposed to the idea. We left the meeting with the Runyans agreeing to consider this option. I have not yet heard back from them. 21. Ev aluation Related to Number of Review Comments. Councilmember Martin has asked staff to have an agenda item in January for discussion of alternatives that might assure more compliance and less comments on the Staff Review Summaries at the time the reviews appear before City Council. We are currently surveying other cities for potential ideas. Feel free to contact Director Last or Stefanie Sarakaitis should you have questions or comments regarding this issue. 22. Priority Progress. If you have referenced the City Council priority of projects list, you may have noticed that there were a few items scheduled to come forward to the City Council for discussion. In an effort to minimize the items on this City Council agenda, we have delayed bringing these forward until the beginning of the new year. Let me know if you have any questions regarding the priority schedule. 23.Cable Update. We continue to get telephone calls from citizens regarding the ... Marcus Cable upgrade and the increased charges due to additional converter boxes. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 1, 1998 Page 19 of 20 a total loss. Although this truck was scheduled for retirement, we planned to continue to use it as a spare vehicle. This accident will not afford us the ability to get use from the spare vehicle. 0, I,- 31. Runyan Drainage Issue. I had hoped to meet with Mr. Runyan prior to Tuesday P night to address his drainage problem, but his schedule would not allow, however, I have been able to arrange a meeting with him for Monday, December 7. We have not placed a separate discussion item on the agenda for this issue, since there is nothing new to add since the last City Council meeting. At this time we are continuing to move forward with the Freese and Nichols professional services for the development of the Drainage Master Plan. 32. Other Items of Interest mailed Friday, November 20. It has been brought to my attention that as of today you still had not received a packet of Other Items of Interest we mailed last Friday. Attached to my memo is that packet of information. Our intention was to get this to you early enough to review prior to the regular packet going out so that you would not have so much to review at one time. We hope to continue this practice, but will probably have the information delivered next time rather than rely on mail service. 33. Also included with my memo is: • a copy of the upcoming events calendar CEH Staff Extension Numbers: Barlow, Kate, Economic Development Specialist, ext. 776 • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting November 17, 1998 Page 14 of 35 working down the list until an agreement is reached on a contract for services. This process can take up to 60-90 days, depending upon where you begin. The assumption had been made from the beginning that we would like to work with the Schwarz/Urban team due to their involvement with Town Square and the Town Hall concept. However, if we cannot reach an agreement, we will be prepared to move on. Our biggest concern now is simply getting the project underway. (See the attached letter from Tarrant County Commissioner Glen Whitley). FYI, I know there has been feedback from who believe we should get a considerably lower percentage fee for this service. I am not sure these comments take into account the nature of the type of building we will be constructing. I know that Grapevine's city hall fees were fixed at approximately 10.3%, $465,000 for a $4.5 million building. I believe the actual cost of their 38,000 sq.ft. building came in at closer to $6 million, but the fee was fixed. F.C. LeVrier, the P&Z representative on the selection committee, will be at the meeting Tuesday. p7. 20.Agenda Item No. 10B. Authorize the Mayor to enter into a professional services contract with Freese and Nichols for the South Fork Kirkwood Creek improvements (including Runyan property and Shady Oaks area). As discussed at your last meeting, this contract would provide the data needed to develop a plan for the watershed in question. Freese and Nichols prepared Phase I of the Master Drainage Plan Report, which makes them highly qualified to move forward with this study, considered as part of Phase II of the master plan effort. L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest for City Council Meeting November 17, 1998 Page 15 of 35 As Bob Whitehead points out in his memo, the development of individual drainage plans is already underway. Council has already authorized the plan for the east reach of the West Jones Branch (ranked as priority #1 in the master plan), which is in the final design stage. Your approval of this item would accelerate the study for the South Fork Kirkwood Branch, which was ranked as priority #4 in the master plan. The CIP includes funding for six drainage projects over the next two years, including the aforementioned channel improvements for the West Jones Branch, the Versailles channel, Chapel Downs channel (Dove Creek watershed), Continental Park Estates channel, Vista Trails drainage improvements, and Mission Hills channel improvements (Dove Creek watershed). Funds for these projects, with the exception of our commitment for the West Jones Branch, could be reallocated to cover the approximately $80,000 needed to move forward with this project. (80, We have included the Executive Summaryfrom the Phase I studyas an attachment to my memo. A full copy of that report is available in Bob Whitehead's office, should you need it for reference. We are in receipt of a follow up letter from Mr. Runyan, a copy of which is attached. We will have an engineering response to his assertions, and will need to again address this in executive session. Mr. Runyan will not be in attendance at this meeting. If Council is in agreement to move forward with this during work session, and following executive session, you may wish to place the contract on the consent agenda. 21. Agenda Item No. 10C. Michael Drive issues/alternatives. This item is on the agenda to discuss the issues related to improvements to Michael Drive and to obtain feedback from the City Council regarding the alternatives for constructing the roadway and whether or not the City will participate in the costs associated. City of Southlake, Texas MEMORANDUM L, April 30, 1999 TO: Curtis E. Hawk, City Manager FROM: Shawn Poe, Capital Projects Engineer SUBJECT: Cross Timber Estates Utility Easement Acquisition Update Action Requested: Not applicable Background Information: At the Mid-year Budget Review on March 23, 1999, Staff updated the City Council on the status of the acquisition of utility easements necessary to construct the sanitary sewer to serve Cross Timber Estates. At that time, 5 out of the 55 easements required had been obtained. Following the update, the City Council requested that updates be presented to the City Council on a regular basis beginning at the May 4, 1999 City Council Meeting. Attached is a spreadsheet showing the property owner name, address, and status of each easement. As of today, 13 easements have been acquired. I have been continually meeting with the residents on-site to answer any questions. I have also been following up with the residents via phone that I have had previous contact. Financial Considerations: When the easement documents were sent to the residents, a cover letter accompanied the documents (see attached cover letter), however no mention was made in the letter of the City's intention to waive the $1300 participation fee for consideration of the easement. At the previously held neighborhood meetings, City Staff did indicate to the homeowners present that the normal "policy" for acquiring easements was to first request the homeowner to donate the easement to the City without compensation. If the homeowner requested any compensation for the easement, then the City would waive the $1300 participation fee. Therefore, the cover letter to the residents sent with the easement documents did not refer to the City's intention of waiving the $1300 participation fee. When I have contact with a homeowner, I explain that the City will waive the $1300 participation fee. There have been several residents that have returned the documents without requesting the waiver of the $1300 participation fee. However, to 1 City of Southlake,Texas be fair and consistent, once the City received the easement document, I added to the document that the $1300 participation fee would be waived and mailed a copy of that document back to the homeowner. It has been suggested that a follow-up letter be sent to the homeowners whom the City needs an easement stating at the outset the $1300 participation fee will be waived in consideration for the easement. The City has received three requests in writing from residents that wish to be compensated more for the easement than just the waiver of the $1300 participation fee. The letters from each resident are attached. The homeowner names and requests are as follows: Homeowner Address Concession Requested Pennington 1825 Sleepy Hollow - Plat Revision - $1300 Participation Fee Waiver Caston 1357 Lakeview Drive - $1300 Participation Fee Waiver - $200 for Watering - $3,360 for trees Adrian 1362 Woodbrook - $1300 Participation Fee Lane Waiver - $1,200 Cash I have responded in writing to each of the residents above to confirm that I have received their letters. I plan to proceed aggressively to obtain the other easements now and receive direction from Council at a later date regarding the homeowners who have requested additional concessions. Citizen Input/ Board Review: Not applicable Legal Review: Alternatives: Not applicable Supporting Documents: Cross Timber Easements spreadsheet Letter dated April 11, 1999 from Mr. Pennington Tree evaluation from Mr. Caston Letter dated April 5, 1999 from Mr. Adrian Utility Easement cover letter dated March 1, 1999 L 2 • Staff L Recommendation: Staff recommends proceeding to acquire the easements as usual. Staff also recommends negotiating further with the homeowners that are requesting more compensation for the easement once all the other easements have been acquired. SEP/se p Approved for Subm'`al t i Council: City Man i filar Lir 3 cn Q I I t cz O a) Cr? aI CI Q I: !iI: N C) C)W W LL n. C 2 o 0 0 C..) 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W = J .CO CL W Z .Z J F- Z W = J Z O Z Z d' 1¢ > 0 < 0 ,¢ J w ¢ > 0 w U ¢ 'w ,= ,cx .¢ ¢ Iw Y CC = < _ = Z CO M CO CO a a U C7 -5 - L.2 r= Z 2 w cc Q W 0 CO CO a j N 0 .M H W Y H )W- _ • `L Q Q W CC 2 Q = 0 ¢ CL CO W »x. cn F- 0 M cn cn M ¢ O w C.7 M C7 F- -) ¢ ¢ cc '.CD ` f N sr O v- CO LO rs N p CV O CO g g J J J J J J J J J J J O 8 O ,J 'O 8 J j g S co N. co a) O cV co v. 4) CD CO O) CD 'N C> Sr LO 1 c0 . C) CO CO 01 s' sf sf Sr sr Sr s' sr St 'LO M) LC) 41 cA 40 4) Gary E. Pennington 1825 Sleepy Hollow Southlake, TX. 76092 Lore April 11, 1999 Shawn Poe, P.E. Capital Projects Coordinator City Of Southfake 1950 East Continental Southlake, TX. 76092 Subject: Sanitary Sewer Easement on Block 1 Lot 8. Cedar oaks Estates. Southlake. Texas. Dear Mr. Poe: I received your letter of Mar. 4 requesting my approval of the subject sewer easement I have reviewed the survey showing placement of the sewer line, two manhole covers, 4' S.S. service connection, 4 bores totaling 163', and a 10' concrete encasement under creek bed. I have also reviewed the EXHIBIT'A'survey showing the 15' permanent utility easement and the 35' temporary construction easement, EXHIBIT 'B', which appears to be a verbal description of the permanent easement, and the associated contract. In consideration of the impact to my property and the disruption of my privacy, I would like to respectfully request the following changes and additions to the subject easement and associated Ldocuments: 1. The City of Southlake is to waive the connection(or tap)fee, allowing me to conned my house to the sewer at no cost(I understand that I must provide for the line from my house to the service tap, and that I must pay the usual monthly sewer fed once I am connected). This waiver is to be permanent (no time limits) and is to be transferable to the new owner(s) should I sell my house before I connect to the sewer. 2. A permanent marker(1/2' iron rod)shall be located at the P.O.B. as shown on EXHIBIT'A" . 3. The City shall abandon the existing 50' public utility, drainage, and access easement located along the north boundary of my property(adjacent to lot 7). This may be replaced by a 10' utility and drainage easement 4. The 25' building line.adjacent to.the. above.(item 3.) easement shail be.eliminated, building line around the Sleepy Hollow cul-de-sac may be continued around 2 so as to intersect with the north property line. 5. I shall not be prohibited from constructing a fence on or across the subject easement after construction of the sewer is completed. 6. Construction of the sewer shall be completed in a timely manner with minimum disruption to the environment. Care should be taken to avoid unnecessary damage to trees or the creek bed. After the construction is completed, the area is to be restored to a reasonably pristine condition. All debris(trees, brush, etc.)is to be hauled off or ground up(no burning). 7. The temporary construction easement shall have a reasonable expiration date and said date shall be clearly stated in any contracts I am required to sign. 8. I shall be furnished with an official survey showing changes to my property as outlined in items (2)through(4.)(above). I would be happy to meet with you at a convenient time to discuss these matters. My home phone number is(817)488-6633; my work phone is(817)280-4347. Sincerely, Gary E. ennington (Nor • Page 2 ' . A f B I c o E F 1611.1 1 J I K I TRE-VALUATION-CASTON EASEMENT 2 .• -3 VALUATION (TEXAS A&M 1 METHODOLOGY) 4 1 , .• , s 174E5 g1:: CLASS 10...A.SS(143 STD VALLE SIZE(A) COMMON LOCATION 03)1VALLE-S RSK OF LOSS Lr, - t :NCH',(SQ iNf_1-ES)FACTOR(BLFACTOR 190 PRC. i • 7" C3 1 0.3 3". 0020 0.90 0 2- ea I C'..7 5 .85 1.901 T 0 3.35 13A641.7Y1 VALUE-.5 T...31 .1 ... . •-•• 3.5 :/... g ; 3 E LACY JACK 2.4 7 -. . !-;- 7 t 3.75 0.35 2.550, 2. 2E6 0 1 4•:-•*2157 0 Age '.4 ;-.80 0.85 .__ -- i 1 : I 3'.7:4:.ST 0Aie _ .. 3.3 :• 45.30 2.75 0.35 724; 3.! 77 12 1 5 i;CST OAK --.... 0.3 3• 56.36 0.75 0.85 ,,C5r_: 1 -•_ , I 3 71POST OAK. 7, 2 0.3 St I 73.39 0.60 0.85 9981 0.1 I 14 8 POST OAK it 2 0.8 31.1. 97.40 030 0.851 1.348 OA I. 185 _ 1 5 9 POST OAK 1 2 0.8 31 49.69 0.65 0_851 681 0.1 1 68 16 10 POST OAK 2 0.8 31 40.25 0.55 0.351 5 0.11 55 _J L. 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L .. . ._ ..,_.... s pi mn� Imo, 1 4/;:99 asa.qM Di T.11 A C ril 5. :399 Mr. Shawn Poe Capital Projects Coordinator City of Southlake �� Easement .._... _._npeusa::or_ RE: Utility Easement Grant: Exhibit "_\" Dear\fr. Poe. In reviewing the documents you left us regarding the utility easement in the Cross Timber Hills subdivision, it appears that the easement will cross approximately 300 feet of our it-will also place se e:ai large trees at risk. On our next door neighbors' property at 1364 Woodbrook(lot 24 on exhibit "A"), it appears the easement will cross less than 10 feet and place no trees whatsoever at risk. Our neighbors.arc receiving as compensation for their easement the waiver of the 51.300 (lbw participation fee. We feel that in view of the great disparity between the length of the easements and risk to trees, we should be entitled to some increased compensation. We feel we should receive the waiver of the participation fee plus a payment of SI 200 for a total of S2.500. Sh a•.vn, we don't know if yours is the office we should send this proposal to or not. If not, will you pica:c forward this letter or give us the name and address of the correct point of contact. Sincerely. Thomas R & Mary Adrian Thomas R & Mary Adrian 1.362 Wood brook Ln. Southlake, TX 76092 Phone Fax(not full time) 817-:24-383-1 • Cityof Southlake " , - ! Administrative Offices March 4, 1999 Mayor. Rick Stacy Cross Timbers Resident a,,cr Southlake. TX -61)92 l .RaIGn Evans L'ecuty Mayor Pro rem: RE: Sanitary Sewer to serve Cross Timbers Subdivision scct•,F. Martin Required Easements Counalmembers: `Mayne Moffat Dear Mr. Resident: Ronnie Kendall Debra Edmondson Gary Fawks The City is in the process of obtaining the necessary utility easements in order to install the sanitary sewer that will serve the Cross Timbers Subdivision. Cur Manager Attachedyou will find two copies of the necessary utilityeasement that is Curis E. Hawk P required on your property in order to install the aforementioned sanitary Assistant City Manager: sewer. I will be pleased to meet with you at your convenience to discuss this Shana K.Yelverton utility easement along with the construction process and how each relate to '1,:ty Secretary: your property. If you do not have any questions, please sign and date the two sndra L. LeGrand copies in the presence of a notary and return one of the copies via mail or drop off in person at the address shown on my enclosed business card. The other copy is for your records. The City will not advertise for bids to construct the sanitary sewer until all the required easements are obtained. Therefore, your prompt response will be appreciated. I can be reached by telephone at (817) 481-5581 extension 846. Sincerely, xi Shawn Poe, P.E. Capital Projects Coordinator Attachments cc: Bob Whitehead, P.E. Director of Public Works La. 1725 East Southlake Blvd. . Southlake, Texas 76092 (817)481-5581 . FAX(817)488-6796 AN EQUAL OPPORTUNITY EMPLOYER' A City of Southlake, Texas Cor MEMORANDUM April 30, 1999 TO: Ron Harper, Director of Engineering Services FROM: Shawn Poe, Capital Projects Engineer SUBJECT: Byron Nelson Widening and Striping Update Background Information: City Council awarded the contract for widening a portion of Byron Nelson Parkway and striping Byron Nelson Parkway and Southridge Lakes Parkway on September 1, 1998 to ASC Pavement Markings, Inc. The contractor substantially completed the widening of Byron Nelson and the striping of Byron Nelson Parkway and Southridge Lakes Parkway. However, due to the repair of Byron Nelson Parkway south of Inwood, the contractor was not able to install the pavement markings. It was agreed that the contractor would complete the remainder of the contract following the repair of Byron Nelson Parkway (see attached letter dated January 20, 1999). The repairs to Byron Nelson were completed in February 1999. The contractor has been instructed by the City to complete the remainder of the project. The items to be completed include re-striping the area disturbed by the pavement repairs south of Inwood, installing the pavement markings on Byron Nelson Parkway and Southridge Lakes Parkway, and striping the gore areas (areas created by the transition from undivided to divided roadway) on Byron Nelson Parkway. The portion of Byron Nelson parkway that was widened has been completed. The telephone pedestals were removed, the disturbed areas were sodded, and the two crate myrtles previously removed during construction were relocated and installed in front of the Simmon's property. Ben Henry examined the sod that was installed and though it is not as green as the grass not disturbed by construction, it was determined to be alive. Mr. Henry said that the sod installed should recover within a few weeks. The sprinkler system that was relocated due to the widening is in operation and functioning properly. L 1 City of Southlake outhlak- January 20, 1999 Mayor. Rick Stacy Dane Alsabrook Mayor Pro Tern: ASC Pavement larking W.Ralph Evans 1701 E. Main Street Deputy Mayor ProTem: Grand Prairie, TX 75050 Scott F.Martin Counalmembers: RE: Byron Nelson & Southridge Lakes Pavement Striping Wayne Moffat Extension of Contract Time & Project Completion Ronnie Kendall Debra Edmondson Gary Fawks Dear Mr. Alsabrook: Cur Manager: The stri ing is substantiallycomplete for the referenced project. The only E.Hawk P P striping, remaining is the 12" yellow gore striping on Byron Nelson Parkway. Assistant City Manager: The reflective pavement markers have not been installed on either street. Shana K. Yelverton secretary: As you may know, pavement repairs are being made to Byron Nelson „era L. LeGrand Parkway. These repairs have eliminated the white dashed lane line striping Y P P that was previously installed. Furthermore, the pavement markers can not be installed until this work is complete. Therefore, as discussed per our telephone conversation, the City proposes to extend the contract time indefinitely until the repairs are complete on Byron Nelson Parkway (BNP). Following the pavement repairs, the 12" yellow gore striping will be completed along with the installation of the pavement markings. The white dashed lane line striping to the repaired section of BNP will also be completed. If you have any questions, please call me at (817) 481-5581 extension 846. Sincerely, Shawn Poe Capital Projects Coordinator Lowi. m:'\.wd-fileslcip paving'asc extension.doc 1950 East Continental • Southlake, Texas 76092 (817)481-5581 • FAX(817)421-5782 • CHANGE ORDER #1 m CITY .�..OF v U iH T r:�J1'r NORTH CARROLL AVENUE SOUTHLAKE, TEXAS 76092 SCOPE OF WORK: A. REMOVE THE EXISTING Ivr(�a: ER A AS 1_7_CTED B= lC- .O .� --r � RCES -^ 1P H REQUIR:.L FOR ...i�, lam - .S.-�JB --:-.....CE B . GRAVE THE EXCAVATED AREA TO FACILITATE THE INSTALLATION OF THE FILTER FABRIC INTO THE STREET BED C. INSTALLATION OF THE FILTER FABRIC AT EXCAVATED DEPTH D. PROVIDE AND INSTALL CRUSHED CONCRETE FLEX BASE MATERIAL IN 8" LIFTS COMPACTED TO 95a STD DENSITY TO ACHIEVE A RESTORED SUB- GRADE LEVEL (IF NO STABLE AND UNYIELDING SUB-GRADE IS ENCOUNTERED AT 3 ' DEPTH, THE FIRST LIFT WILL BE INSTALLED WITH A 12 " LIFT TO ESTABLISH A BRIDGE OVER THE UNSUITABLE MATERIAL WITH SUBSEQUENT LIFTS BEING COMPACTED TO 959s STD DENSITY) (hre TOTAL COST PER TON OF MATERIAL (FLEX BASE) $ 49 . 69 TOTAL COST PER SQ/FT OF FABRIC INSTALLED $ . 15 G: ORDC-7R I !S 'e— J? 70 4,1S,00a CA)tes-=- SvJ tJ c,✓N—g-7\J o F Cep . C G S 41ofo(DO in) olQ- Ta i_v -cE o q,-) Crrl cou r.ictl, A6e1•11A. PAVECON, INC. CIT OF SOUTHLAKE L PAVECON, INC. •3022 ROY ORR BLVD. •GRAND PRAIRIE,TX 75050 •972-263-3223 • FAX 972-263-6551 •www.pavecon com, : W - City of Southlake, Texas The striping installed for the gore area in front of Mr. Simmon's property was installed at a time when the outside temperature was not optimal, therefore the striping did not adhere properly to the concrete paving. The contractor will re-stripe this area identically to the existing striping at no charge to the City. There are several roadways in the City that requires striping. These areas are as follows: - Kimball / SH 114 for dual right turns onto eastbound SH 114 from northbound Kimball. - Brumlow / SH 26 intersection (Tarrant County striped the road previously with a water based paint, however the striping has deteriorated. The proposed re-striping will be with a thermoplastic material that adheres to the roadway better.) - Striping a crosswalk across Byron Nelson Parkway at Parkwood. - Re-striping FM 1709 to provide a continuous left turn lane in front of the Animal Clinic west of Home Depot. Staff plans to request a change order from ASC Pavement Markings, Inc. to install these additional striping requirements. The additional quantities in the change order will not increase the contract bid quantities by more than 25%. Financial Considerations: The change order for the additional roadway striping is estimated to increase the contract by approximately $10,000. SEP/sep L 2 City of Southlake, Texas MEMORANDUM April 29, 1999 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Authorize the Mayor to enter into a contract with Minors Landscape Management for annual mowing services for parks and City facilities Action Requested: Authorization for the Mayor to enter into a contract for annual park mowing services, including Alternate #1, with Minors Landscape Management of Fort Worth, Texas, in the amount of$55,482.86. Background Information: The FY 1998-99 Parks and Recreation Budget contains a line item amount of $120,000 for contract mowing and landscape maintenance of city parks, city facilities, city rights-of-way and medians, and State rights-of-ways for FM 1709 and Highway 114. The existing contract for State right-of-way mowing was renewed (iire with V.M.C. Landscape Services for 1999 in the amount of $6,005.00. The contract for city right-of-way mowing was also renewed with Avanti Landscape Services for 1999. The contract for park mowing was re-bid. The proposed contract includes park mowing and general landscape maintenance services for city parks and facilities on an annual basis. It includes an option to renew the contract annually for two (2), one- year periods. Alternate #1 for annual fire ant treatment on sixty-six (66) acres of highly utilized public property is also included for consideration. City Council authorized staff to bid this project at their February 2, 1999 City Council Meeting. Staff conducted the bid process in compliance with applicable laws and procedures. Bids were opened on April 20, 1999, with the low bid being submitted by Minors Landscape Management. Reference checks by staff with the cities of Plano, Lewisville, and Haltom City indicated that they were all very satisfied with the work performed by Minors. Financial Considerations: The existing contract for State right-of-way mowing was renewed with V.M.C. Landscape Services for 1999 in the amount of $6,005.00. The contract for city right-of-way mowing was renewed with Avanti Landscape Services for 1999 and Change Order #1 was 5B - 1 lip w Curtis E. Hawk, City Manager April 29, 1999 Page Two accepted to include areas previously covered by the park mowing contract for a total amount of $26,728.00. Town Square landscape maintenance was awarded to Landscape Resources Incorporated in the amount of $11,661.92. The total amount presently encumbered in the mowing account is $44,394.92, leaving an unencumbered balance of $75,605.08. Four (4) vendors submitted bids for the project. Three (3) bids met the qualifications for consideration. Minors Landscape Management submitted the low bid in the amount of$45,420.50, plus Alternate #1 at $10,062.36, for a total bid price of $55,482.86 (see attached bid tabulation). The FY 1998-99 Parks and Recreation budget included $120,000 for mowing. The contract is structured to pay on a monthly basis following completion of the approved mowing schedule. The total price per location is based upon the number of cycles specified in the proposal. Citizen Input/ Board Review: Not Applicable. Legal Review: The City Attorneys have reviewed the contract for compliance with applicable laws and procedures. Alternatives: Council may choose to: 1) Accept the mowing bid and reject Alternate #1; or 2) Reject both the mowing bid and Alternate #1 and proceed to reopen the bidding process. Supporting Documents: Bid tabulation for annual park mowing services. Staff Recommendation: It is recommended that City Council authorize the Mayor to enter into a contract for annual park mowing services with Minors Landscape Management in the amount of $45,420.50 with Alternate #1 at $10,062.36, for a total contract amount of$55,482.86. KH ll6Appro • i o ttal to City Council: /� City ,! -r' •ffse 5B - 2 City of Southlake COMMUNITY SERVICES DEPARTMENT BID TABULATIONS PROJECT NAME: Park Mowing Services PROJECT NO: N/A DATE: April 20, 1999 WORKING DAYS: Annual Contract ENGR. EST.: $ N/A BIDDER BID POWER OF BASE BID ALTERNATE BASE BID BOND ATTORNEY #1 PLUS ALT. #1 MINOR'S CASHIERS N/A $45,420.50 $10,062.36 $55,482.86 FORT WORTH, TEXAS CHECK DOWN TO EARTH LAWNCARE YES YES $47,512.50 $10,062.36 $57,574.86 L, LINGTONF TEXAS LANDSCAPE RESOURCES, INC. YES YES $62,904.94 $6,864.00 $69,768.94 FARMERS BRANCH, TEXAS RICHARD DITTRICH NO NO N/A N/A N/A GRAPEVINE, TEXAS ( 630003 5B - 3 City of Southiake, Texas MEMORANDUM April 30, 1999 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, Director of Engineering Services � I SUBJECT: Award of bid to Everspan Building Systems, Inc. for the installation of sanitary sewer to serve Hillwood Estates Subdivision Action Requested: Staff requests the City Council to award the bid for the installation of sanitary sewer to serve Hillwood Estates subdivision to Everspan Building Systems, Inc. of Mansfield, Texas in the amount of$69,914.50. Background Information: Hillwood Estates is scheduled to have sanitary sewer installed as part the Phase III Neighborhood Sewer Program (see attached map). Originally, the construction of the sanitary sewer for Hillwood Estates and Dove Acres was going to be one contract to increase the economy of scale. However, the project was delayed due to the ongoing difficulty in acquiring two easements required to construct the sanitary sewer for Dove Acres. No easements are necessary to construct the sanitary sewer for Hillwood Estates (the sanitary sewer will be installed within the existing right-of-way). Therefore, staff chose to separate the project into two projects to expedite the construction of sanitary sewer to serve Hillwood Estates. City Council authorized staff to bid this project, which also included Dove Acres, at the May 19, 1998 City Council meeting. Financial Considerations: The FY 1997-98 CIP budget has $500,000 appropriated for the construction of sanitary sewer to serve both Hillwood Estates and Dove Acres. Of the $500,000 budgeted, $95,000 was for the design and construction of the sanitary sewer for Hillwood Estates. The apparent low bidder is Everspan Building Systems, Inc. of Mansfield, Texas for the amount of $69,914.50 (see attached bid tabulation). The engineering and surveying cost is $12,500. Therefore, the total engineering, surveying, and construction cost is $82,414.50, which is below the budgeted $95,000. L 5C- 1 • Citizen Input/ Board Review: Staff chose to separate the Dove Acres and Hillwood Estates sanitary sewer projects because several residents in Hillwood Estates expressed concerns to connect to sanitary sewer. Apparently, several homes are experiencing problems with the current septic systems and/or would like to build a swimming pool but cannot due to the location of the septic systems. Legal Review: Not applicable Alternatives: The City Council may choose to wait and bid this project with the Dove Acres sanitary sewer project once the two easements have been obtained. The appraisals for the two easements are complete and are being evaluated. Supporting Documents: Bid tabulation for Hillwood sanitary sewer project Map exhibit Staff Recommendation: Staff recommends Council award the bid to Everspan Building Systems, Le Inc. for the installation of sanitary sewer to serve Hillwood Estates in the amount of $69,914.50. Please place this item on the May 4, 1999 Regular City Council Agenda for City Council review and consideration. RJ Approved for Submittal to City Council: AA City M.,sage:s O QV cip, `"slksv0003\spoe$\wd-tiles\memos\hillwood sewer award of bid.doc 5C- 2 CITY: City of Southiake Le TITLE: Sanitary Sewer Improvements to Serve Millwood Estates JOB NO: 001-443 BID OPENING: April 22, 1999 CONTRACTORS BID BO D TOTAL BASE BID Bil-Mik � z 94 0 X S I C8) 4 4-5, Gra-Tex Utilities X S O 2 �j'2` / , }CJ Long Construction&Engineering Pave Con Utilities, Inc. X £ 7 51 9 / 5- 00 Saber Development Corp. 99 / /o q. 0-qs L S�i�9/ti/U — Y4Ge, 7�,c/i s- l �, � G m 2 -b i ,c1 .Southlake\443\8idder Listwb2 5C-3 L a W s a a RANDOL MILS AVE it Ii g 15 ! ,7.5--- \ . . • r ! t--- a e e "s ' J a ! D o " s 3 U 4. • I bn f'l l/ AS / _ e ty D cA ) D N e_ Z Z V ICI " w e1 6 Iii._:_e a lJ �� .- y�v�Gc ., E � d� —I �o 113 10 c/�o��f • • / r s D np /Tt 11 O�A�c� ZR / e n toZ v Z " HADOW �d I I e.o I'' D �z " L �` n e 2 � E r �k R e I ' 1 a PEY-ONVILLE AVE D comma. 5C-4 • City of Southlake, Texas - MEMORANDUM April 29, 1999 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Approving the name of the new tennis complex at Bicentennial Park as the "Southlake Tennis Center" Action Requested: City Council approval of Park and Recreation Board recommendation to name new tennis complex at Bicentennial Park the "Southlake Tennis Center." Background Information: At the March 8, 1999 Park and Recreation Board discussed naming the new tennis complex. The Board indicated that "Southlake" should be in the name and directed city staff to speak with Northeast Tarrant Tennis (NETT) to gather input on alternatives for naming the facility. The Parks and Recreation Board considered the following options for naming of the tennis center: • The Courts at Southlake • Tennis Center of Southlake • Southlake Tennis Center • Laura Suarez Tennis Center of Southlake • Southlake's Suarez Tennis Center • Laura Suarez Tennis Facility of Southlake • Laura Suarez Tennis Complex of Southlake Financial Considerations: Not Applicable. Citizen Input/ Board Review: Direction for naming the Tennis Center was provided by the Park and Recreation Board at the March 8, 1999 meeting. Direction is also specified in the Naming and Renaming of Park Facilities Section of the Parks and Recreation Policies and Procedures Manual. At its April 12, 1999 meeting, the Park Board voted to recommend naming the new tennis complex at Bicentennial Park, the "Southlake Tennis Center." \\SLKSV0001\SHARED\ParkRec\BOARDS\CC\tennisctr-name.doc 5D - 1 Curtis E. Hawk, City Manager April 29, 1999 Page Two Legal Review: Not Applicable. Alternatives: Alternatives include the following: • Consideration of other names. • Not specifically naming the Tennis Center. Supporting Documents: Supporting documents include the following items: • Procedure for Naming and Renaming of Park Facilities, Parks and Recreation Policies and Procedures Manual. Staff Recommendation: City Council approval of the name "Southlake Tennis Center" for the new tennis complex at Bicentennial Park. LKH \\SLKSV0001\SHARED\ParkRec\BOARDS\CC\tennisctr-name.doc 5D - 2 Parks and Recreation Department .,,. Policies and Procedures Manual Procedure: Naming and Renaming of Park Facilities Procedures Source: Parks and Recreation Board/City Council Category: Administrative Effective Date: February 18, 1996 Revised Date: December 9, 1996 Statement of Purpose The purpose of this policy is to provide parameters for the naming and renaming of park facilities. Procedure In the naming and renaming of park facilities in the City of Southlake the following guidelines shall be used: LieI. May be named for any deceased individual(s) or group(s)who have served the community. II. May be named for any deceased local, state, national or international figure(s). III. May be named for any local, state or national geographic area, landmark or event. IV. May be named for any symbol or concept associated with the City of Southlake, the State of Texas or the United States of America. Note: When advertising for input from the residents, separate forms need to be returned for each park name submitted. I.d.,Naming and Renaming of Park Facilities Procedures,Page 1 of 2 5D - 3 SUBMISSION FORM FOR PARK NAME (PLEASE PRINT) Name to be Submitted: Please include a brief explanation (on a separate sheet of paper if necessary) to support your recommendation. Submitted by: Date: (name required) Address: Telephone: (Home) (Office) Please submit your suggestions to: City of Southlake Parks and Recreation Department 400 North White Chapel, Southlake, Texas 76092 SUBMITTALS MUST BE POSTMARKED BY kw, Please contact the Parks and Recreation Department at 817-481-5581, Ext. 756 if you have any questions. THANK YOU FOR YOUR INTEREST. I.d.,Naming and Renaming of Park Facilities Procedures,Page 2 of 2 5D - 4 City of Southlake, Texas MEMORANDUM �►+ April 29, 1999 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Director of Community Services SUBJECT: Authorize the Mayor to enter into a professional services contract with F. Mason and Associates to perform consulting services for the development of the Southlake Public Library Action Requested: Authorize the Mayor to enter into a professional services contract with F. Mason and Associates for services relating to the development of the Southlake Public Library. Background Information: Requests for qualifications (RFQ's) were sent to seven local library consulting firms with regards to their professional experience and overall ability to adequately assist the City in the planning and development of the Southlake Public Library. From those seven RFQ's, two responses were received (F. Mason and Associates and Providence Associates). A review of qualifications was conducted by an appointed Library Board sub-committee and presented to the full Library Board for review at their April 28, 1999, meeting. F. Mason and Associates best demonstrated that they possess the capabilities, knowledge, and experience to properly assist the City in the development of the Southlake Public Library system. A professional services contract with a scope of services has been prepared by staff and reviewed by F. Mason and Associates. Financial Considerations: A fee not to exceed $55,750 has been proposed by F. Mason and Associates. Within the current fiscal year budget, $50,000 is allocated for professional services associated with the library project. Citizen Input/ Board Review: Cynda Mast, Library Board Chairperson, Marjorie Zielke, Library Board Member, and Maria Cameron, Library Board Member assisted staff in the review of qualifications. The full Library Board reviewed the proposal and recommended F. Mason and Associates at their April 28, 1999, meeting. ., $ Curtis E.Hawk April 29,1999 Page Two (ir Legal Review: The city attorney has reviewed and approved the contract document. Alternatives: Approve the professional services contract, direct staff to renegotiate the contract, or direct staff to negotiate a contract with a different firm. Supporting Documents: Professional Services Contract (Note: Article 3 - Consultant's Services) Staff Recommendation: It is recommended that the City Council authorize the Mayor to enter into a contract with F. Mason and Associates for professional services relating to the development of the Southlake Public Library. Please place this item on the May 4, 1999, Regular City Council Agenda for review and approval. KH Approved for Submittal to City Council: City M s Office THE STATE OF TEXAS COUNTY OF TARRANT SERVICES CONTRACT LIBRARY DEVELOPMENT SERVICES City of Southlake THIS CONTRACT, by and between the CITY OF SOUTHLAKE, a municipal corporation located in Tarrant County, Texas, hereinafter called "City", and F. Mason and Associates, a corporation authorized to do business in the State of Texas, hereinafter called "Consultant", evidences the following: WHEREAS, CITY desires the professional consulting services of CONSULTANT for planning and architectural services, including the identification of Southlake citizen needs for public library service, preparation of a start-up plan for library services that provides recommendations for staffing, operations, collections, and services, and preparation of schematic design and design development for the library space, including furnishings, fixtures, and equipment, through the bid and installation phase, in the City of Southlake, County of Tarrant, Texas hereinafter called "Project"; and WHEREAS, CONSULTANT represents that it is qualified and capable of performing the professional services proposed herein for this Project and is willing to enter into this Contract with CITY to perform said services; NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein agreed as follows: 1 . EMPLOYMENT OF THE CONSULTANT CONSULTANT agrees to perform professional services in connection with the Project as set forth in the following sections of this Contract, and CITY agrees to pay, and CONSULTANT agrees to accept fees as set forth in the following sections as full and final compensation for all services provided under this Contract. 2. CONTRACT ADMINISTRATION This Contract shall be administered on behalf of the CITY by the Director of Community Services or his designated representatives (hereinafter called 1 �� "Director"), and on behalf of the CONSULTANT by its duly authorized officials. 3. CONSULTANT'S SERVICES The CONSULTANT agrees to render services necessary for the development of the Project as outlined herein. All meetings will be held in the City of Southlake. 3.01 Scope of Project Services a. Provide start-up planning and other planning and architectural services; conduct a needs assessment for library services in the City of Southlake; develop a service plan for library services; assist in the development of the Town Hall library facility; and provide staffing and management planning. All reports, planning sessions, surveys, and specifications shall be a function of the expertise as provided by the CONSULTANT, and instructions given by the CITY. 3.02 Needs Assessment for Library Services by CONSULTANT a. The CONSULTANT shall examine background data including the tri- city library planning information, demographic data, as well as existing citizen satisfaction surveys. b. The CONSULTANT will work with a planning team (to be designated by CITY) who will review and approve the draft survey instruments, participate in focus group sessions, and attend the planning sessions. c. The CONSULTANT will utilize the following different data gathering methods to assess the needs for current library services as they relate to the Town Hall facility and future library services: 1 . Conduct a survey of needs for library services. Survey questions will assess users needs for current and future library services. The Consultant will obtain a minimum of 300 valid participant responses from the survey and each survey shall be approximately 10 minutes in length. 2. Supplement the survey with additional data gathering activities that will include focus groups held with citizens, government officials, Library Board members, and others as identified in the course of the study. 3. Conduct telephone interviews with individuals who are 25e- / interested or concerned with the implementation of library services for the City of Southlake who might otherwise not be included in the survey or focus group process. d. The CONSULTANT shall prepare a summary report of the needs assessment process that defines citizen information needs for public library services. The report will provide library program alternatives and provide an analysis of alternative means as to options for future expansion and distribution of library facilities and services within the City. 3.03 Service Plan for Library Services by CONSULTANT a. The CONSULTANT shall utilize the information needs summary to prepare a start-up plan for public library service. The start-up plan will provide recommendations for the library service program and also discuss the following: 1 . collections 2. services 3. staffing patterns/requirements 4. reader spaces and seating 5. power, technology, and computing requirements 6. staff work space 7. service desks and offices 8. other related issues The summary report will provide a basic analysis of alternative means for future expansion and distribution of library facilities and services within the City. b. The CONSULTANT shall hold a planning and review session comprised of the CONSULTANT and representatives from the library planning team, the purpose of which will be to review the library services plan and to set the program requirements, goals, objectives, and directions for the facility. 3.04 Design Development of Town Hall Library Facility by CONSULTANT a. The CONSULTANT shall prepare and review the proposed and working plans for the facility with the CITY. The review will be based upon the roles and service priorities adopted for library services as well as capability to accommodate growth in services and the incorporation of technologies. 3 5� b. The CONSULTANT understands that engineering services will be retained by the architect of record and is prepared to work closely with the architect of record and engineers on this project by providing critical evaluation of building design, drawings, and specifications. c. The CONSULTANT will provide assistance with the building space layout including, but not limited to: 1 . reader seats 2. collections 3. equipment needs 4. staff work space 5. service and service desks The review will be sensitive to creating an interior environment that is consistent with library service goals, efficient to operate and maintain, and aesthetically pleasing. d. The CONSULTANT shall prepare a draft furniture program for the Town Hall library facility which will reference the library's defined service functions and size of the building. The program will detail moveable equipment and furniture needs, as well as communication and computer requirements. e. The CONSULTANT will prepare draft drawings and specifications for furniture. An initial furniture plan and a preliminary cost estimate will be prepared. After review and approval, the CONSULTANT will prepare the final furniture plans and cost estimates. f. The CONSULTANT will, during the furniture bid and award phase, clarify bidder questions, issue addenda, attend bid related meetings, as well as evaluate the bids and make recommendations to the CITY. 3.05 In conducting the study, the CONSULTANT will: 1 . Propose a timeline for the completion of the study with the CITY at the startup of the project. 2. Review draft survey instruments with the CITY before finalizing the survey instrument. 3. Prepare a summary report of data from the survey and 4 - � present it to the Library Board and others as designated by the CITY. 4. Attend all onsite meetings as scheduled by CITY. 5. Conduct a planning session with the CITY and their designated representatives. 6. Make site visits to Southlake to examine the site, review study documents, and make presentations. 7. Prepare a facility space plan with furniture, fixtures, and equipment. 8. Assist in the interior furniture bid specification process. 9. Provide the CITY with copies of all study reports. 10. Prepare and conduct an oral presentation for the library officials and others as designated by the CITY at the conclusion of the study. 3.06 Opinions of Cost a. Since CONSULTANT has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, CONSULTANT's opinion of probable Cost provided for herein are to be made on the basis of CONSULTANT's experience and qualifications and represent CONSULTANT's best judgement as an experienced and qualified professional familiar with the industry; but CONSULTANT cannot and does not guarantee that proposals, bids or actual Costs will not vary from opinions of probable cost prepared by CONSULTANT. b. If prior to the Bidding or Negotiating Phase CITY wishes greater assurance as to Construction Costs, CITY shall employ an independent cost estimator. 4. PAYMENT FOR SERVICES Payment for Services shall include all costs to perform the professional services in connection with this project as described herein, including but not limited to Direct Labor costs, Subcontractor costs, and Direct Non-Labor Expenses such 5 5g 7 as review documents, supplies, equipment, communications, and local travel. CONSULTANT shall submit itemized monthly statements for Service Costs incurred. CITY shall make payments within 30 days of the statement date in the amount shown by the CONSULTANT's monthly statements and other documentation submitted and no interest shall ever be due on late payments. 4.01 Total compensation for Professional Services for the Library Development Project shall not exceed $55,750, and shall be billed by the CONSULTANT at actual costs. a. Payment for expenses, costs, and services, in the Needs Assessment for Library Services in Article 3, shall not exceed $15,610. b. Payment for expenses, costs, and services, in the Service Plan for Library Services described in Article 3, shall not exceed $13,937. c. Payment for expenses, costs, and services, in the Development of the Town Hall Library Facility as described in Article 3, shall not exceed $26,203. d. Nothing contained in this article shall require the CITY to pay for any work which is unsatisfactory as reasonably determined by the Director or which is not submitted in compliance with the terms of this Contract. CITY shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Contract; nor shall this paragraph constitute a waiver of any right, at law or in equity, which CITY may have if the CONSULTANT is in default, including the right to bring legal action for damages or for specific performance of this Contract. 4.02 Additional services by the CONSULTANT shall be provided if authorized by the CITY. Compensation for the additional services, unless otherwise agreed, shall be a multiple of direct personnel expenses. Direct personnel expenses shall be calculated using the rates and multiplier shown on Exhibit "A", attached hereto. 4.03 Compensation for Reimbursable Expenses means the actual expenses incurred by CONSULTANT or CONSULTANT's independent professional associates or Sub-Architects directly in connection with the Project. a. All costs and expenses associated with the performance of this Contract shall be deemed to be a part of the Compensation for Professional Services as described in Section 4.01 and all expenses shall be billed at cost. The CITY will not be separately charged for local or outside transportation and lodging, telephone communications, supplies and equipment, postage and delivery charges normal to the project; nor for the use of computer-aided design and drafting equipment normal to the project. 5. OWNERSHIP OF DOCUMENTS 5.01 All information and other data given to, prepared, or assembled by CONSULTANT under this Contract, and other related items shall become the sole property of CITY and shall be delivered to CITY, without restriction on future use. CONSULTANT may make copies of any and all documents and items for its files. CONSULTANT shall have no liability for changes made to or use of the drawings, specifications, and other documents by anyone subsequent to the completion of the Project. 6. SERVICES BY CITY CITY shall provide the following services under this Contract: 6.01 The CITY shall provide information regarding requirements for the Project, including a program which shall set forth the CITY's objectives, constraints, and criteria, including space requirements and relationships, flexibility and expendability, special equipment, systems and site requirements. 6.02 The CITY shall meet with CONSULTANT as required for the timely completion of the Professional Services. All meetings will take place within the City of Southlake offices. 7. COMPLETION SCHEDULE The services furnished by the CONSULTANT under this Contract will be completed in accordance with the following: For the purposes of this Contract, a month is defined as thirty (30) calendar days and a week as seven (7) calendar days. If any of the following submissions fall on a CITY non-working day, then the submission shall be due the following CITY working day. 7.01 . The duration of time required to complete the various aspects of the project will be proposed by the CONSULTANT at the start of the project. If the CONSULTANT is unable to furnish the services included as part of this Contract within a time frame acceptable to the CITY, then the CITY may immediately terminate this Contract. 7 5g - � 8. NOTICE TO PROCEED CITY shall have complete control of the services to be rendered and no work shall be done under this Contract until the CONSULTANT is instructed in writing to proceed. 9. TERMINATION OF CONTRACT CITY may indefinitely suspend further work hereunder or terminate this Contract or any phase of this Contract upon 30 days prior written notice to the CONSULTANT with the understanding that immediately upon the receipt of such notice all work and labor being performed under this Contract shall cease immediately. Before the end of the 30 day period, CONSULTANT shall invoice the CITY for all work accomplished by him prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All reports, information, surveys, and other data related to the Project shall become property of CITY upon termination of the Contract and shall be promptly delivered to CITY in a reasonably organized form without restriction on future use except as stated in Article 5. Should CITY subsequently contract with a new CONSULTANT for continuation of services on the Project, CONSULTANT shall cooperate in providing information. 10. RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by CITY shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, and CONSULTANT's for the accuracy and competency of their designs or other work; nor shall approval be deemed to be an assumption of such responsibility by CITY for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractor, agents and CONSULTANT's. 1 1 . EQUAL EMPLOYMENT OPPORTUNITY 1 1 .01 The CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, ancestry, national origin, or place of birth. The CONSULTANT shall take affirmative action to insure that applicants are employed and that employees are treated during their employment without regard to their race, age, color, religion, sex, ancestry, national origin, or place of birth. 1 1 .02If the CONSULTANT fails to comply with the Federal Laws relating to Equal Employment Opportunity, it is agreed that the CITY at its option may do either or both of the following: a. Cancel, terminate, or suspend the contract in whole or in part; 8 5—g , �0 b. Declare the CONSULTANT ineligible for further CITY Contracts until he is determined to be in compliance. 12. AMENDMENTS This Contract may be amended or supplemented in any particular only by written instrument and only as approved by resolution of City Council or the City Manager, except for termination under Section 9, Termination of Contract, which may be accomplished by the Director or his designated representative as identified in Section 9, Termination of Contract. 13. COMPLIANCE WITH LAWS, CHARTERS, AND ORDINANCES, ETC. The CONSULTANT, its consultants, agents and employees, and subcontractors shall comply with all applicable Federal and State Laws, the Charter and Ordinances of the CITY of Southlake, and with all applicable rules and regulations promulgated by all local, state, and national boards, bureaus, and agencies existing and published before date of this Contract that are known by the CONSULTANT or that are known by the CITY which shall make copies available to the CONSULTANT. 14. RIGHT OF REVIEW CONSULTANT agrees that CITY may review any and all of the work performed by the CONSULTANT under this Contract. CITY is hereby granted the right to audit at CITY's election, all of the CONSULTANT's records and billings related to the performance of this contract. CONSULTANT agrees to retain such records for a minimum of three (3) years following completion of this Contract. 15. CONFLICT OF INTEREST No officer or employee shall have any financial interest, direct or indirect, in any contract with the CITY or be financially interested, directly, in the sale to the CITY of any land, materials, supplies, or services, except on behalf of the CITY as an officer or employee. Any violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his office or position with the CITY. Any violation of this section with knowledge, expressed or implied, of the person or corporation contracting with the CITY shall render the Contract involved voidable by the City Manager or the City Council. 16. ASSIGNMENT This Contract is for professional services; and the CONSULTANT shall not 9 assign this Contract, in whole or in part, without the prior written consent of the CITY. 17. NOTICES All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing the same in the United States Mail at the address shown below unless and until either party is otherwise notified in writing by the other party at the following addresses. Mailed notices shall be deemed communicated after five days. If intended for CITY, to: If intended for CONSULTANT, to: Steve Polasek Florence Mason Contact Person Contact Person Deputy Director — C.S. President Title Title City of Southlake F. Mason and Associates City Firm Name 400 N. White Chapel 10520 Crestover Drive Address Address Southlake, Texas 76092 Dallas, Texas 75229-5217 City, State, Zip Code City, State, Zip Code (817) 481-5581 xt. 772 (214) 358-5755 Telephone No. Telephone No. 18. INDEPENDENT CONTRACTOR In performing services under this Contract, CONSULTANT is performing services of the type performed prior to this Contract; and CONSULTANT by the execution of this contract does not change the independent status of the CONSULTANT. No term, or provision hereof, or act of CONSULTANT in the performance of this Contract shall be construed as making CONSULTANT the agent, servant, or employee of Southlake. 19. INDEMNITY CONSULTANT agrees to defend, indemnify, and hold CITY whole and harmless against any and all claims for damages, costs, and expenses of persons or 10 5( - �� property that may arise out of, or be occasioned by, or from any negligent act, error or omission of CONSULTANT, or any agent, servant, or employee of CONSULTANT in the execution or performance of this Contract, without regard to whether such persons are under the direction of CITY agents or employees. This indemnification shall apply whether or not the CITY, its officers, and employees committed a negligent act or omission. 20. INSURANCE CONSULTANT agrees to maintain, with reasonable deductibles, in full force and effect for the duration of this Contract and any extensions hereof, at the CONSULTANT's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to CITY. Coverage shall include the following types and minimum amounts: TYPE AMOUNT 1 . Workers' Compensation Statutory 2. Commercial General Combined Single Limit of Liability Insurance $500,000 per Occurrence 3. Comprehensive Automobile Minimum State Financial Liability Insurance Responsibility Limits REQUIRED PROVISIONS 1 . CONSULTANT shall furnish a completed Insurance Certificate to CITY which shall be completed by an agent authorized to bind the named underwriting companies to the coverages, limits, and termination provisions shown hereon. 2. Name the City of SOUTHLAKE and its officers, employers, and elected representatives as additional insureds on the General and Automobile insurance coverages. 3. CONSULTANT or CONSULTANT's insurance provider shall notify CITY in the event of any material change in coverage, cancellation, or nonrenewal and shall give such notices not less than 30 days prior to the change. 4. For coverages that are written with claims made policies, the required period of coverage shall be continuous coverage for the life of the contract, plus an extended discovery period of 5 years to begin at the end of the contract period. Should CONSULTANT change insurance carriers during this entire insuring period, the replacement policy shall include a prior acts provision to eliminate any lapse in coverage. 11 56 15 21 . VENUE The obligations of the parties to this Contract are performable in Tarrant County, Texas; and if legal action is necessary to enforce it, exclusive venue shall lie in Tarrant County, Texas. 22. APPLICABLE LAWS This Contract is made subject to the provisions of the Southlake Code, other City Ordinances, Standards, Southlake Specifications for materials and construction, as amended, and all State and Federal Laws. 23. GOVERNING LAWS This contract shall be governed by and construed in accordance with the laws and decisions of the State of Texas. 24. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof; and this Contract shall be considered as if such invalid, illegal or unenforceable provision had never been contained in this Contract. 25. PUBLISHED MATERIAL CONSULTANT agrees that the CITY shall review and approve any written material about CITY projects and/or activities prior to being published by the CONSULTANT. 26. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and shall not alter any substance of the terms and conditions of this Contract. 27. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. 28. ENTIRE CONTRACT This Contract (pages 1 through 13, and Addendum) embodies the complete 12 , /t-/ Contract of the parties hereto, superseding all oral or written previous and contemporary Contracts between the parties and relating to matters in this Contract, and except as otherwise provided herein, cannot be modified without written Contract of the parties to be attached to and made a part of this Contract. IN WITNESS WHEREOF, the parties hereby have executed this Contract in triplicate originals on this date, the day of , 1999 F. Mason and Associates CITY OF SOUTHLAKE: Firm Name Signature Florence M. Mason Rick Stacy Mayor President Title 10520 Crestover Drive Address Dallas, Texas 75229-5217 City, State, Zip Code ATTEST ATTEST 13 � ,ic EXHIBIT "A" Hourly Rates for Additional Services F. Mason and Associates Principal: Florence Mason $125.00 per hour Associate: Louella Wetherbee $125.00 Clerical: $ 25.00 Hidell and Associates Architects Principal: $125.00 per hour Sr. Architect $ 95.00 Project Architect $ 60.00 Architect $ 55.00 CADD Operator $ 55.00 Drafting $ 45.00 Clerical $ 35.00 M:\CONTRACTS\LIBRARYFNL.CON 14 � � City of Southlake, Texas MEMORANDUM April 30, 1999 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator Stefanie E. Sarakaitis, Comprehensive Planner SUBJECT: Ordinance No. 480-FF, 1st Reading, Providing for Changes for the Processing of Applications, and Amending the Zoning Ordinance, No. 480, as amended Action Requested: City Council consideration on the first reading of Ordinance No. 480-FF. Background Information: Item requested by Councilmember Martin. This item is before the City Council to revise Zoning Ordinance No. 480, as amended, by amending the administrative processing of applications for approval of Concept Plans, Development Plans, and Site Plans. One observation that may explain the need for this change is the evolution of the type of development applications submitted to the City. Historically, the greatest percentage of applications were residential subdivisions done by a relatively small group of consultants. They became fairly competent at complying with the ordinances because of their frequency of involvement. In the past couple years we have seen a dramatic shift from residential applications to non-residential applications. With this type of application, the consultants frequently are new to Southlake and they typically only do one or two projects in the City. By the time they learn the codes, they no longer have projects in the City. Staff spends considerably more time bringing new consultants up to speed on the requirements than in the past. As well, the regulations have grown more complex in recent years, requiring longer for the consultants to gain a full understanding of the ordinances. Financial Considerations: None Citizen Input/ Board Review: Planning and Zoning Commission held a Public Hearing on this item on March 4, 1999 and approved the item (6-0) per the following: revise the definition of "Administrative Official". (hir L:\CITYDOCS\ORD\DRAF[VONING1480FFMEM2.DOC 25 t' l • Legal Review: Staff has consulted with City Attorneys Wayne K. Olson and Debra Drayovitch regarding various aspects of implementing new administrative procedures. The major point is as follows: Question: What process is required to make a change in administrative procedures? Answer: There do not appear to be any requirements in the zoning ordinance which mandate a particular administrative procedure. The attorneys are comfortable with just making the change as needed. They do recommend additions to the zoning ordinance regarding wording to enhance our position. This wording has been incorporated into the attached Draft # 2 of Ordinance No. 480-FF. Alternatives: We have evaluated many alternative processes for review of development submittals. There are several fixed factors which limit the alternatives (meeting dates, legal notice requirements, owner notifications requirements, etc.). The attached flowchart is the best functional alternative that we have been able to develop. We would be glad to attempt to develop other alternatives should the Council have specific recommendations. (kale Supporting Documents: Attached you will find the following information: • Graphic flowchart: A graphic representation of the administrative procedures as recommended herein. • Submittal Policies for Development Case Processing: A written guideline explaining the processing of applications. Staff Recommendation: Place Ordinance No. 480-FF, amending the processing of zoning applications, on Council's May 4, 1999 agenda. Approved for Submittal to City Council: ria City M:rr's Sq"-ce L L:\CrrYDOCS\ORDYDRAFTZONING\480FFMEM2.DOC 5 +Z LI. Submittal Policies for Development Case Processing* 1. Applications that are `willfully lacking" in compliance (i.e. minimal effort has been given to submitting an acceptable application) will be sent back to applicant with only a submittal checklist and highlighted areas that appear to be missing. A review will not be generated until a good-faith submittal has been turned in. 2. There will be a two-tiered queue for the submittals. There will be a queue for the Development Review Committee (DRC) meeting as well as a queue for the Planning and Zoning Commission meeting. Applications will be processed in the order received and within a reasonable time. 3. Staff will notify an applicant whose application does not receive a clean review that he has one chance to resubmit a revised application which complies with the ordinances (with the exception of variances requested by applicant). Except for plat applications, if the application fails to meet the requirements with the revised submittal, it will lose its place in the DRC queue and will fall to the bottom of the queue. 4. If resubmittals are required per the Planning and Zoning Commission prior to the City (kir' Council consideration, the application would not be scheduled for the next Council meeting,but rather skip a Council meeting to allow for a DRC review of the resubmittal. 5. Operational definition of a "clean" review is as follows: a submittal with no more than three minor non-variance review comments. Minor comments would be items such as labeling, spelling, or other items deemed to be minor by the Administrative Official. Review comments qualify as "variance" comments if the issues are significant in nature and could not be addressed without significantly changing the application as submitted. 6. An applicant formally submitting a plat concurrently with a rezoning request may wish to request tabling of the plat prior to the City Council meeting if the rezoning item is required to resubmit revisions to DRC ("No plat within the corporate limits of the City shall be approved until the proper zoning embracing such plat has been approved and duly adopted by the City" - Ord.No. 483, as amended, § 4.01.C). 7. When the City determines that an application for a non-residential development will result in significant sales tax or ad valorem tax revenue, or other significant economic benefit, the City may process the application on a fast-track basis, without requiring a pre-submittal review. L cF-3 L:\COMDEV\WP-FILES\PROJECTS\PROCESS\1999\POLICY\POLICY3.DOC 04/30/99 Page 1 of 2 L. 8. Submittals must be in accordance with the following requirements: I • ITEM REQUIRED IF NOTED 1 ra'c mpact Ana ysis copies or • es•o • "or •eet re ease orm (attached to application)signed by the City Engineer or Comprehensive Planner II prior to submittal of application. II r a / Preliminary Water, Sewer and Drainage Plans (12 copies) prepared, sealed, signed, and dated by a certified engineer. Requirement may be waived only by the City Engineer or the Planning Director prior to submittal of application 1 're immary Drainage to s y copies prepare• sea e•, sign• an• ••te. •y a certified engineer. Requirement may be waived only by the City Engineer or the Planning Director prior to submittal of application 1 Complete & Corrected Water and Sewer Plans (12 copies) prepared, sealed, signed,and dated by a certified engineer. Requirement may be waived only by the City Engineer prior to submittal of application i 1 .`„ ree urvey copies m comp ance wi • ree 'reservation • • Dance `o. 1 w ` 1 .>4 1 ,",& 1, °� 4 ;z Blueprints of all plans, folded 6" x 9" (12 copies of each plan for pre- submittal, 27 copies of each plan for formal submittal) and reduction of all plans at 11"x 17"(1 copyof eachplan for pre-submittal, 1 copyof each plan { o- � N� „ for formal submittal) 1, 1 '6 / /' A / • c ear an• egi• e metes an. .oun.s a escnption o •e property type. m :- LL Y 3� x 11"or 14"format(1 copy) (err /E' :A urrent survey o property, s•owing property mes an. ocation o existing I improvements,in 11"x 17"format(1 copy) / / /, ; 1 0 opies o written •ocuments, me u•mg •ut not mute• to a wntten narrative describing the use,operation,etc.(1 copy) E"'T ,a�-�/ E E ` •pp'cation signe. .y •pp scant, •weer an•lor •u onze• •gent Ir ro er • ner •c ow e• ent s' ne. an. notarize. a owners attac•e. 1., it,--41,--1 , ,, ', to application) gm g .y ui,e ines or osting us is 'earing igns sign. .y •pp want, •wrier or j�. Authorized Agent(attached to application) fir/ • �r// Ai /g ,NE ,L • 'ayment m •e amount as •etermme. •y •e most recent y a.opte• ce sc'eau e CP - Concept Plan; SP - Site Plan;NRPUD - Non-Residential Planned Unit Development; RPUD - Residential Planned Unit Development;Z-Zoning;PP-Preliminary Plat;FP-Final Plat;PS-Plat Showing;PR-Plat Revision;AP-Amended Plat *These policies may be changed periodically by the Administrative Official to effectively and efficiently administer development case processing. L 5-F---(4 L:\COMDEV\WP-FILES\PROJECTS\PROCESS\1999\POLICY\POLICY3.DOC 04/30/99 Page 2 of 2 Revised Submittal Process 0111 Pre-submittal Resubmit per DRC Column A ( Column D • 1 Yes DRC for review Yes DRC for review Week 2 (adds ) Column B 2 weeks) Column E (adds 2 weeks) I I No Week 3 Formal submittal No Column G f Legal notification Week 4 Owner notifications • Week 5 P&Z packet Week 6 P&Z meeting Column H Yes V thmseleek 7 No Resubmit per P&Z Column I Council packet V V Week 8 City Council meeting DRC for review Column M Column J Yes Week 9 Resubmit per Council •No Response to review Column I Council packet Column L j Council packet Week 10 DRC for review City Council meeting City Council meeting Column J Column M Column M .111110101514?01111. Yes • Week 11 Response to review No Column L ' Resubmit per Council VCouncil packet Column I Counciladket 4, Week 12 City Council♦ meeting City Council meeting DRC for review Column M Column M Column J V Response to review Column L 'peek 13 1 Counciipacicet J City Council meeting Column M January 28,1999 L:ICOMDEVIWP-FILESWROJECTSIPROCESS1199910EWCASE5.VSD ORDINANCE NO. 480-FF AN ORDINANCE AMENDING ORDINANCE NO.480,AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR CHANGES IN ADMINISTRATIVE PROCESSING OF APPLICATIONS FOR APPROVAL OF CONCEPT PLANS, DEVELOPMENT PLANS, AND SITE PLANS; ADDING DEFINITIONS;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southiake, 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 has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS,the city council has determined that it is appropriate and in the best interests of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 to revise the procedures for processing applications; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1. Section 4,"Definitions,"of Ordinance No. 480, as amended, is hereby amended by revising the definition for "Administrative Official"and by adding definitions for"Clean Review,""Formal Submittal,"and"Minor Revisions"thereto to read as follows: L:'CITYDOCS\ORD\DRAFRZON1NGW80FF2.DOCOC DRAFT 2-April 30,1999 Page 1 of 7 S P-cO "ADMINISTRATIVE OFFICIAL- The official, or his designee, appointed by the City Manager to enforce and administer the terms of this Ordinance. CLEAN REVIEW-An application review which complies with the requirements of all applicable city ordinances, with the exception of requirements for which a variance is requested, if any, and a limited number of minor revisions as set forth and defined in the most current submittal policies. For purposes of administrative processing of applications, the Administrative Official may adopt procedures and policies, including the number of minor revisions permitted. FORMAL SUBMITTAL - An application which meets the requirements of all applicable city ordinances, except for those items for which a variance is sought, and is deemed by the Administrative Official to have a clean review as defined herein. MINOR REVISIONS-Items such as labeling, spelling, or other items deemed to be minor by the Administrative Official." SECTION 2. (spoe Section 40, "Development Plans and Site Plans," of Ordinance No. 480, as amended, is hereby amended by revising Subsection 40.2, "Application"to read as follows: "40.2 APPLICATION/FORMAL SUBMITTAL -A written application for development plan or site plan approval shall be submitted to the Administrative Official on forms prepared by the City, together with all required documents, such as studies, drawings, exhibits, or other ordinance requirements, in sufficient size and number as required by the most current submittal policies, and any reasonable information requested by the Administrative Official to assist the City in its review of the application. • .Any site plan or development plan application submitted after a submittal deadline will be acted-upon processed as i€reseives1 at the next applicable submittal deadline. An application will not be advertised for public hearing nor forwarded to the Planning and Zoning Commission and the City Council for action until it meets the criteria of a formal submittal." C L:'CITYDOCS\ORD\DRAFIIZONING\480FF2.DOCOC DRAFT 2-April 30,1999 Page 2 of 7 SECTION 3. Section 41, "Concept Plans," of Ordinance No. 480, as amended, is hereby amended by revising Subsection 41.2, "Application"to read as follows: "41.2 APPLICATION/FORMAL SUBMITTAL -A written application for concept plan approval shall be submitted to the Administrative Official on forms prepared by the City,together with all required documents, such as studies, drawings, exhibits, or other ordinance requirements, in sufficient size and number as required by the most current submittal policies, and any reasonable information requested by the Administrative Official to assist the City in its review of the application. The application shall be signed by the owner, lessee, developer or option holder of the property. by su icient number of copies (ai iletermine� 1�e A� inistrative ] 77 f7 (re Any concept plan application submitted after a submittal deadline has passed will be acted—upon processed as-received at the next applicable submittal deadline. An application will not be advertised for public hearing nor forwarded to the Planning and Zoning Commission and the City Council for action until it meets the criteria of a formal submittal." SECTION 4. Section 46,"Amendments to the Zoning Ordinance,"of Ordinance No. 480,as amended,is hereby amended by revising Subsection 46.2, "Application"to read as follows: "46.2 APPLICATION/FORMAL SUBMITTAL a. Zoning Changes (no exhibit required) -An application for a change of zoning classification by a property owner shall be submitted on forms prepared by the City and shall be accompanied by the following: 1. An application form signed by the owner(s) of all property within the area of request and notary acknowledgment of all signatures. LACITYDOCS\ORD\DRAFIIZON1 NG4480FF2.D000C DRAFT 2-April 30,1999 Page 3 of 7 2. On unplatted properties,A a boundary survey shall be provided with a metes and bounds description and with all reflecting improvements shown. This survey shall be performed by a public surveyor registered in the State of Texas. Platted properties shall provide the lot, block, subdivision and phase description for each lot requesting a change of zoning. 3. . Any documents, such as studies, drawings, exhibits, or other ordinance requirements, in sufficient size and number, as set forth in the most current submittal policies and any reasonable information requested by the Administrative Official to assist the City in its review of the application. 4. Any application submitted after a submittal deadline (we will be acted-upon processed as if received at the next applicable submittal deadline. S. An application will not be forwarded to the Planning and Zoning Commission and the City Council or advertised for any required public hearings until it meets the criteria of a formal submittal. b. Zoning Changes (requiring exhibits) -An application for a change of zoning classification by a property owner shall be accompanied by a concept plan, development plan, or site plan as required by this ordinance or any other ordinances of the City. b.c. Text Amendment - An applicationowner, lessee, developer or option holder of real property within the City may file an application for an amendment to the text of this ordinance. The application shall be fi d'nduplicate submitted on forms prepared by the City and shall be accompanied by any reasonable information requested by the Administrative Official to assist the City in its review of the application. c.d. Application Fees-Every application shall be accompanied by the appropriate filing submittal fee as established by the City, L:VCITYDOCS ORDIDRAF 1 ZONING1480FF2.D000C DRAFT 2-April 30,1999 Page 4 of 7 (we and under no condition shall said fee or any part thereof be refunded for failure of such amendments to be enacted into law." SECTION 5. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas,except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 7. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public,and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8. 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 L:\C1 YDOCS\ORD\DRAFT ZON1NG\480FF2.D000C DRAFT 2-April 30,1999 Page S of 7 5 P-- 10 (hir, 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 or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 9. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. . PASSED AND APPROVED ON FIRST READING ON THIS DAY OF thir' , 1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1999. MAYOR ATTEST: L CITY SECRETARY LACrfYDOCSVORDADRAFIIZONING148OFF2.DOCOC DRAFT 2-April 30,1999 Page 6 of 7 S , I Coe EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY C L:\C!TYDOCS\ORDIDRAFIIZON1NGW80FF2.DOCOC DRAFT 2-April 30,1999 Page 7 of 7 City of Southlake, Texas • MEMORANDUM April 30, 1999 TO: Curtis E. Hawk, City Manager FROM: Stefanie E. Sarakaitis, Comprehensive Planner SUBJECT: Ordinance No. 483-H, 1st Reading, Providing for Changes for the Processing of Plat Applications, and Amending the Subdivision Ordinance, No. 483, as amended Action Requested: City Council consideration of Ordinance No. 483-H on first reading. Background Information: Item requested by Councilmember Martin. This item is before the City Council to revise Subdivision Ordinance No. 483, as amended, by amending the processing of plat applications. One observation that may explain the need for this change is the evolution of the type of development applications submitted to the City. Historically, the greatest percentage of applications were residential subdivisions done by a relatively small group of consultants. They became fairly competent at complying with the ordinances because of their frequency of involvement. In the past couple years we have seen a dramatic shift from residential applications to non-residential applications. With this type of application, the consultants frequently are new to Southlake and they typically only do one or two projects in the City. By the time they learn the codes, they no longer have projects in the City. Staff spends considerably more time bringing new consultants up to speed on the requirements than in the past. As well, the regulations have grown more complex in recent years, requiring longer for the consultants to gain a full understanding of the ordinances. Financial Considerations: None Citizen Input/ Board Review: Planning and Zoning Commission held a Public Hearing on this item on March 4, 1999 and approved the item (6-0) per the following: provide a definition of "Administrative Official". L:ICITYDOCS\ORDDDRAFIISUBDIV4483-H\CC-MEMOI.DOC O .I City of Southlake, Texas Legal Review: Staff has consulted with City Attorneys Wayne K. Olson and Debra Drayovitch regarding various aspects of implementing new administrative procedures. Some of the major points are as follows: 1. Question: Can the attorneys defend a process that requires applications be basically "clean" before formal processing? The Local Government Code, section 212.009(a) -Approval Procedures, states: "The municipal authority responsible for approving plats shall act on a plat within 30 days after the date the plat is filed." Answer: Yes. Although there has been no Texas case law further defining the intent of the word "filed", the attorneys feel they can defend it because the City will be showing progress in the processing of the application and that "reasonable administrative delays" are acceptable (there is some federal precedent). Language has been added to this draft, per the Attorneys, addressing the applicant's right to waive the pre-submittal review. The application will be forwarded to the Planning and Zoning Commission and the Council, as appropriate. However, the application may be denied if it does not meet the requirements of a clean review. Lie 2. Question: What process is require d to make a change in administrative procedures? Answer: There do not appear to be any requirements in either the zoning or subdivision ordinances which mandate a particular administrative procedure. The attorneys are comfortable with just making the change as needed. They do recommend additions to both the subdivision and zoning ordinances regarding wording to enhance our position. This wording has been incorporated into the attached Draft# 2 of Ordinance No. 483-H. Alternatives: We have evaluated many alternative processes for review of development submittals. There are several fixed factors which limit the alternatives (meeting dates,legal notice requirements,owner notifications requirements, etc.). The attached flowchart is the best functional alternative that we have been able to develop. We would be glad to attempt to develop other alternatives should the Council have specific recommendations. Supporting Documents: Attached you will find the following information: (ire • Graphic flowchart: A graphic representation of the administrative procedures as recommended herein. L:VCITYDOCS ORD\DRAFTSUBDIV\483-MCC-MEMOI.DOC 0 .1) City of Southlake, Texas • Submittal Policies for Development Case Processing: A written guideline explaining the processing of applications. Staff Recommendation: Place Ordinance No. 483-H, amending the processing of plat applications, on Council's May 4, 1999 agenda. Approved for Submittal to City Council: City 7ErrgeFtW5r L Lf CITYDOCSOORDYDRAF INSUBDIVM83-H'CC-MEMOI.DOC 0.3 (iriw Submittal Policies for Development Case Processing* 1. Applications that are `willfully lacking" in compliance (i.e. minimal effort has been given to submitting an acceptable application) will be sent back to applicant with only a submittal checklist and highlighted areas that appear to be missing. A review will not be generated until a good-faith submittal has been turned in. 2. There will be a two-tiered queue for the submittals. There will be a queue for the Development Review Committee (DRC) meeting as well as a queue for the Planning and Zoning Commission meeting. Applications will be processed in the order received and within a reasonable time. 3. Staff will notify an applicant whose application does not receive a clean review that he has one chance to resubmit a revised application which complies with the ordinances (with the exception of variances requested by applicant). Except for plat applications, if the application fails to meet the requirements with the revised submittal, it will lose its place in the DRC queue and will fall to the bottom of the queue. 4. If resubmittals are required per the Planning and Zoning Commission prior to the City (110w Council consideration, the application would not be scheduled for the next Council meeting,but rather skip a Council meeting to allow for a DRC review of the resubmittal. 5. Operational definition of a "clean" review is as follows: a submittal with no more than three minor non-variance review comments. Minor comments would be items such as labeling, spelling, or other items deemed to be minor by the Administrative Official. Review comments qualify as "variance" comments if the issues are significant in nature and could not be addressed without significantly changing the application as submitted. 6. An applicant formally submitting a plat concurrently with a rezoning request may wish to request tabling of the plat prior to the City Council meeting if the rezoning item is required to resubmit revisions to DRC ("No plat within the corporate limits of the City shall be approved until the proper zoning embracing such plat has been approved and duly adopted by the City" - Ord.No. 483, as amended, § 4.01.C). 7. When the City determines that an application for a non-residential development will result in significant sales tax or ad valorem tax revenue, or other significant economic benefit, the City may process the application on a fast-track basis, without requiring a pre-submittal review. L 4-4 L:\COMDEV\WP-FILES\PROJECTS\PROCESS\1999\POLICY\POLICY3.DOC 04/30/99 Page 1 of 2 (iii., 8. Submittals must be in accordance with the following requirements: ITEM REQUIRED IF NOTED 1 c 1 " 1 ra•c mpact •na ysis copies or es 8 o • "or •eet re ease orm (attached to application)signed by the City Engineer or Comprehensive Planner 11 prior to submittal of application. 41 S. 1 Preliminary Water, Sewer and Drainage Plans (12 copies) prepared, sealed, signed, and dated by a certified engineer. Requirement may be waived only by the City Engineer or the Planning Director prior to submittal of application 11111" _ 're immary Drainage to'y copies prepare•, sea e. sign• an• •.to• •y a certified engineer. Requirement may be waived only by the City Engineer or the Planning Director prior to submittal of application I 1 Complete & Corrected Water and Sewer Plans (12 copies) prepared, sealed, signed, and dated by a certified engineer. Requirement may be waived only by 1111 the City Engineer prior to submittal of application 1 in IN i • ree urvey copies comp ance wi 8 ree 'reservation I •mane `o. "�� � � 585-A I. z 1 ,; 1 7, 1 ;" 1 Blueprints of all plans, folded 6" x 9" (12 copies of each plan for pre- submittal, 27 copies of each plan for formal submittal) and reduction of all plans at 11"x 17"(1 copy of each plan for pre-submittal,1 copy of each plan for formal submittal) 1 1 1 0 �T 1 ��1 • c ear an• egi• e metes an• •oun• •escnption o e property type• in :- � x 11"or 14"format(1 copy) (be . ent survey o property, s•owing property mes an• ocation o existing improvements,in 11"x 17"format(1 copy) 1 /,, / ' T / , / opies o wntten •ocuments, me u•mg •ut not mute• to a written narrative � � � describing the use,operation,etc.(1 copy) E, 11 7 K�rI 11E�s- 1 ••pp cation signet •y •pp scant, •wner an'or •u onze• • gent I 'ro er • er c ow e, ent sine• an• notarize• a owners attac'e• 1� , ii , to application) gm g Y IN 1 Iillr ui•e ines or 'osting 'u• is 'earing igns sign• •y •pp scant, •wner or Authorized Agent(attached to application) fk E '` fi T ' fi: 'ayment in •e amount as •etermme• •y •e most recent y a•opte• ee sc•e• e CP - Concept Plan; SP - Site Plan; NRPUD - Non-Residential Planned Unit Development; RPUD - Residential Planned Unit Development;Z-Zoning;PP-Preliminary Plat;FP-Final Plat;PS-Plat Showing;PR-Plat Revision;AP-Amended Plat *These policies may be changed periodically by the Administrative Official to effectively and efficiently administer development case processing. L 5c 5 L:\COMDEV\WP-FILES\PROJECTS\PROCESS\1999\POLICY\POLICY3.DOC 04/30/99 Page 2 of 2 Revised Submittal Process Pre-submittaleMil Column A 11.1 Resubmit per DRC , Column D Yes • Yes DRC for review DRC for review Week 2 (adds (adds 2 weeks) Column B 2 weeks) Column E I I No Week 3 Formal submittal . No Column G * Legal notification Week 4 + Owner notifications Week 5 V P&Z packet V Week 6 P&Z meeting Column H 41/100,„,, Yes V /eek 7 No Resubmit per P&Z Council packet Column I Week 8 T City Council meeting DRC •for review Column M Column J 1 Yes V No Week 9 Resubmit per Council • Response to review Column I Council packet Column L Councipadcet( Week 10 DRC for review City Council meeting City Coundl meeting Column J Column M Column M yes-i• Week 11 Response to review No 4. Column L Council packet• ResubmitC� uper Council mn I I Council packet I Week 12 City Council meeting City Council meeting DRC for review Column M Column M Column J Response to review Column L l'veek13 • Council packet I alli City Council meeting Column M Jeremy 28, 5/1 LP L%COwDEMWPfILES1PROJECTSWROCESS119991DEV.CASE5.VSD (6.2 ORDINANCE NO. 483 H • 3 AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING 4 ORDINANCE NO.483,THE SUBDIVISION ORDINANCE,AS AMENDED; 5 PROVIDING FOR ADMINISTRATIVE CHANGES RELATING TO THE 6 PROCESSING OF PLATS;PROVIDING THAT THIS ORDINANCE SHALL 7 BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A 8 SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN 9 PAMPHLET FORM;PROVIDING FOR PUBLICATION IN THE OFFICIAL 10 NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter 13 adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 14 9 of the Local Government Code; and 15 WHEREAS, the City has adopted Ordinance No. 483 as the Subdivision Ordinance, as 16 amended, for the City; and C7 WHEREAS, numerous applications for approval of plats have been presented to the 18 Planning and Zoning Commission and to the City Council which do not comply with the 19 requirements of the City's Subdivision Ordinance; and 20 WHEREAS, the City Council finds that the regulations set forth below will facilitate a 21 processing system for plat applications which do not comply with the Subdivision Ordinance before 22 appearing before the Planning and Zoning Commission and the City Council thereby providing a 23 more efficient processing system; and 24 WHEREAS, the Planning and Zoning Commission has conducted a public hearing 25 regarding the proposed revisions and has recommended adoption of the same; and 26 WHEREAS,the City Council has determined that it is appropriate and in the best interest 27 of the City to amend Ordinance No. 483, as amended, as provided herein; and WHEREAS,the City Council has held public hearings with respect to the amendment of 29 the Subdivision Ordinance as required by law; L:\GTYDOCS\ORD\DRAFIISUBDIV\483-H\DRAFI2.DOC DRAFT 2-APRIL 30, 1999 Page 1 of 8 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF SOUTHLAKE: 3 4 SECTION 1. Section 1.04 of Ordinance No. 483,as amended,is amended by adding the following 5 definitions: 6 ADMINISTRATIVE OFFICIAL: The official, or his designee, appointed by the City 7 Manager to enforce and administer the terms of this Ordinance. 8 9 CLEAN REVIEW: As defined by Ordinance No. 480, as amended, the Zoning 10 Ordinance of the City of Southlake. 11 12 FORMAL SUBMITTAL: As defined by Ordinance No. 480, as amended, the Zoning 13 Ordinance of the City of Southlake. 14 15 MINOR REVISIONS: As defined by Ordinance No. 480, as amended, the Zoning 16 Ordinance of the City of Southlake. 17 SECTION 2. Paragraph A, Section 3.01 of Ordinance No. 483, as amended,is amended to read as 20 follows: 21 A. Application: 22 23 24 An 25 applicant shall submit a written application for plat approval to the Administrative 26 Official on forms prepared by the City, together with all required documents, such 27 as studies, drawings, exhibits, or other ordinance requirements, in sufficient size and 28 number as required by the most current submittal policies, and any reasonable 29 information requested by the Administrative Official to assist the City in its review 30 of the application. The application shall be signed by the owner, applicant, or other 31 authorized agent. Any plat not meeting these requirements shall be deemed an 32 inadequate submittal and shall not be processed reviewed until all submittal 33 requirements are met. 34 • 35 36 SECTION 3. Paragraph D, Section 3.01 of Ordinance No. 483, as amended, is amended to read as follows: 38 5443 L:\CTYDOCS\ORD\DRAFIISUBDIV\483-11\DRAFr2.DOC DRAFT 2-APRIL 30,1999 Page 2 of 8 LD. Coordination—o Processing: 3 4 5 6 7 1. Presubmittal Review: Upon receipt of an application which meets submittal 8 requirements, the Administrative Official shall conduct a pre-submittal 9 review of the application within a reasonable time to determine whether the 10 application complies with applicable ordinances, generate plat review 11 comments, and notify the applicant in writing of the same. The applicant 12 shall submit a revised plat application as needed until a clean review is 13 received. A plat or other application shall be officially accepted for 14 processing on the first scheduled formal submittal deadline date after the 15 Administrative Official has determined that it meets the requirements of all 16 applicable City ordinances, except for those for which a variance is sought, 17 and has met the requirements of a clean review. The applicant may request 18 that the pre-submittal review be waived. In this event, the Administrative 19 Official shall forward the application to the Planning and Zoning 20 Commission and the Council, as appropriate. The application may be denied 21 if it does not meet the requirements of a clean review. c2. Submittal Policies: To effectively and efficiently administer development 24 applications review and processing, the Administrative Official may adopt 25 and enforce policies and procedures which do not conflict with or are 26 inconsistent with this Ordinance. 27 28 29 SECTION 4. Paragraph E, Section 3.01 of Ordinance No.483, as amended, is amended to read as 30 follows: 31 E. Time of Filing: •rl,e City.,.;il esta,r ti etable fo +l,e tering„fplats .,,,a „the 32 33 34 35 36 37 38 . The thirty(30) day period for approval or denial of 39 a plat, as set forth in Chapter 212 of the Texas Local Government Code, shall 40 commence on the first formal submittal date an application is accepted for filing. Q L:\CTYDOCS\ORD\DRAFr SUBDW\483-H\DRAFr2.DOC DRAFT 2-APRIL 30, 1999 Page 3 of 8 L' SECTION 5. Sub-paragraph c, Section 3.02.D.33 of Ordinance No. 483, as amended,is amended 2 to read as follows: 3 c. Traffic Impact Analysis: A Traffic Impact Analysis shall be submitted with a 4 preliminary plat application. The City Engineer or 5 Planning Director or their representatives shall have the discretion to require or 6 waive all or a portion of the requirement for the TIA upon submittal of sufficient 7 evidence that the impact threshold established in the driveway ordinance, as 8 amended, will not be reached with the submittal. 9 10 11 SECTION 6. Section 3.04 of Ordinance No. 483, as amended, is amended to read as follows: 12 A. When a tract or parcel of land has not been previously platted and recorded in the 13 County Plat Records, the subdivider may, at his option, elect to combine the 14 Preliminary and Final Plats of a subdivision and submit a "Plat Showing" 15 whenever the tract of land contains less than 10 acres and involves four or less lots 16 and is to be subdivided without change of street location or without substantial 17 effect on City services, drainage or adjacent properties. A subdivision involving 18 more than four lots or which contains 10 or more acres of land shall be considered as a "Plat Showing" only when specifically approved as such by the Planning Director . All requirements of Sections 3.01 and 3.03 21 shall be satisfied for submittal. 22 23 B. A Plat Showing of four or fewer lots shall bear the name of the original survey and 24 abstract number in which said property is located as an Addition. It is subdivided 25 into numbered lots out of that survey. The Planning Director 26 shall maintain a ledger of assigned lot numbers and shall assign lot numbers in 27 orderly succession. Lot numbers shall be designated in numerical order in sequence 28 with the legal descriptions of the previously recorded plats. No block numbers will 29 appear on the plat or in the legal description. 30 31 32 SECTION 7. Paragraph A, Section 4.02 of Ordinance No.483, as amended,is amended to read as 33 follows: 34 A. All Preliminary Plats will be accepted for review in accordance with Section 3.01.T 35 36 The Preliminary Plat accompanied by the plat review comments shall then be sent 37 to the Commission for recommendation and then the Council for final action. 18 1. A public hearing shall be scheduled and due notification given for the hearing to be held by the Planning and Zoning Commission. City staff will 41 provide notification on the same basis as required for changes of zoning -ID L:\CTYDOCS\ORD\DRAPT\SUBDIV\483-H\DRAFr2.DOC DRAFT 2-APRIL 30,1999 Page 4 of 8 • under Chapter 211 of the Local Government Code. 3 2. After the Planning and Zoning Commission has reviewed the preliminary 4 plat and forwarded a recommendation to the City Council the Council shall 5 consider the preliminary plat and approve or disapprove it. 6 7 3. Upon approval of the Preliminary Plat by the Council, the Commission may 8 approve a Final Plat on all or a portion of the property contained in the 9 approved Preliminary Plat. 10 11 4. Upon disapproval of a Preliminary Plat, the subdivider may, at any time, 12 submit a new design for processing following the same procedure as 13 required for the original application including fee submittal. 14 15 16 SECTION 8. Paragraph A,Section 4.03 of Ordinance No. 483, as amended,is amended to read as 17 follows: 18 A. The All Final Plats will be accepted for review in accordance with Section 3.01.,plat 19 The Final Plat accompanied by the plat review comments shall then be sent to the Commission for final action. Upon approval by the Commission, the City 22 Administrative Official will obtain the signatures of the Commission Chairman and 23 Secretary and file the plat in accordance with this ordinance. 24 25 26 SECTION 9. Section 4.04 of Ordinance No. 483, as amended, is amended to read as follows: 27 A. Single-Lot Plat Showings: All single-lot Plat Showings will be accepted for review, 28 plat review comments generated and a copy of this review given to the applicant. It 29 will be the applicant's responsibility to revise the plat as needed to receive approval 30 from City Staff Upon approval by the City Manager, the 31 Administrative Official will obtain the signatures of the Mayor and City Secretary 32 and file the plat in accordance with this ordinance. 33 34 B. Multiple-Lot Plat Showings: All multiple-lot Plat Showings will be accepted for 35 review in accordance with Section 3.01. 36 The Plat Showing accompanied by the 37 plat review comments shall then be sent to the Commission for recommendation and 38 then the Council for final action. Upon approval by the Council, the City 39 Administrative Official will obtain the signatures of the Commission Chairman and 40 Secretary, and Mayor and City Secretary and file the plat in accordance with this ‘111l ordinance. 2 43 L:\CTYDOCS\ORD\DRAFf1SUBDIVM83-H\DRAPT2.DOC DRAFT 2-APRIL 30, 1999 Page 5 of 8 (40.1, SECTION 10. Paragraph A, Section 4.05 of Ordinance No. 483, as amended, is amended to read 2 as follows: 3 A. Amended Plat: All Amended Plats will be accepted for review, plat review 4 comments generated and a copy of this review given to the applicant. It will be the 5 applicant's responsibility to revise the plat as needed to receive final approval from 6 City Staff. Upon approval,the City Administrative Official will obtain the signatures 7 of the Mayor and City Secretary and file the plat in accordance with this ordinance. 8 9 10 SECTION 11. Paragraph A, Section 4.06 of Ordinance No. 483, as amended, is amended to read 11 as follows: 12 A. All Plat Revisions(Replats)will be accepted for review in accordance with Section 13 3.01. 14 sit. A public hearing shall be scheduled and due notification given for the 15 hearing to be held by the Planning and Zoning Commission. City staff will provide 16 notification as required for replats under Chapter 212 of the Local Government Code. 17 The Plat Revision accompanied by the plat review comments shall then be sent to 8the Commission for recommendation and then the Council for final action. Uponapproval by the Council,the CityAdministrative Off cial will obtain the signatures Crl of the Mayor and City Secretary and file the plat in accordance with this ordinance. 21 22 SECTION 12. This ordinance shall be cumulative of all provisions of ordinances of the City of 23 Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the 24 provisions of such ordinances, in which event the conflicting provisions of such ordinances are 25 hereby repealed. 26 27 SECTION 13. It is the intention of the City Council that the phrases,clauses,sentences,paragraphs 28 and sections of this ordinance are severable,and if any phrase,clause,sentence,paragraph or section 29 of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of 30 competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, thhiri clauses, sentences, and sections of this ordinance, since the same would have been paragraphs L:\CrYDOCS\ORD\DRAFT\SUBDIV4483-H\DRAFr2.DOC DRAFT 2-APRIL 30,1999 Page 6 of 8 enacted by the City Council without the incorporation in this ordinance of any such unconstitutional 2 phrase,clause, sentence,paragraph or section. 3 4 SECTION 14. The City Secretary of the City of Southlake is directed to publish the proposed 5 ordinance or its caption and penalty together with a notice setting out the time and place for a public 6 hearing thereon at least ten (10) days before the second reading of this ordinance, and if this 7 ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of 8 its provisions,then the City Secretary shall additionally publish this ordinance in the official City 9 newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of 10 the Charter of the City of Southlake. 11 SECTION 15. The City Secretary of the City of Southlake is authorized to publish this ordinance 13 in book or pamphlet form for general distribution among the public, and the operative provisions of 14 this ordinance as so published shall be admissible in evidence in all courts without further proof than 15 the production thereof. 16 17 SECTION 16. This ordinance shall be in full force and effect from and after its passage and 18 publication as required by law, and it is so ordained. C L:\CPYDOCSIORDORAFF\SUBDN1483-H\DRAFT2.DOC DRAFT 2-APRIL 30, 1999 Page 7 of 8 L1 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 2 , 1999. 3 4 MAYOR 5 ATTEST: 6 7 CITY SECRETARY 8 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 9 1999. 10 11 MAYOR ATTEST: 13 14 CITY SECRETARY 15 16 EFFECTIVE: 17 APPROVED AS TO FORM AND LEGALITY: 18 19 City Attorney. L L:\CTYDOCS\ORD\DRAFF\SUBDIV4183-H\DRAFT2.DOC DRAFT 2-APRIL 30, 1999 Page 8 of 8 City of Southlake, Texas STAFF REPORT April 30, 1999 CASE NO: ZA 99-021 PROJECT: Ordinance No. 480-310/First Reading/ Rezoning /Tract 17,R. D. Price Survey, Abstract No. 992 STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Rezoning on property legally described as being Tract 17 situated in PURPOSE: the R. D. Price Survey, Abstract No. 992, and being approximately 5.386 acres. To plat property into one single family residential lot. LOCATION: On the west side of North White Chapel Boulevard approximately 450' south of Bob Jones Road. OWNERS: Jimmy and Dana Boyles APPLICANT: Peebles & Associates CURRENT ZONING: "AG" Agricultural District. REQUESTED ZONING: "RE" Residential Estate District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Five (5) RESPONSES: One(1)response was received from within the 200' notification area: • Mrs. James O. Evans, 9426 Braddock Road, Fairfax, VA, undecided, (Received April 19, 1999.) One (1) response was received from outside the 200' notification area: • Boyd D. Dollar, 525 Brooks Court, Southlake, TX undecided, "possibility of fence not consistent with surrounding single family properties and land use plan for low density residential' which encourages openess and rural character." (April 21, 1999.) (ire P&Z ACTION: April 22, 1999; Approved (4-0) with the approval being contingent upon ZBA approving the variance for the minimum lot width of 300'. 5N-I • • City of Southlake, Texas STAFF COMMENTS: The"RE"Residential Estate District Regulations require a minimum lot width of 300'. This property has a width of approximately 270'. • The Zoning Board of Adjustments approved a variance to the lot width (5-0)on April 29, 1999. 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-F1LESNEMO\99CASES\99-005Z.WPD L 5N-2 I.G.BELCH ' 1 SURVEY A-30D 1 L t!t t 1 MTht `61 6;Ala I• I I a a(s1I s - -�� >t� • iB 32 - TR 33 Ta 31 1 -- I n6 n n A.R e : - - gift..: ‘4,44 ' 12 13 n n 2 • 66 k st lc I Allkoo .*,....._..111,IMP jr.-- M ...._ 4y /Ad "41111',,,,,m, .0-ti, 7s Ac / .IIII _..,_aim V ' n 71 .e . r� 35 1 TR is 0 • u n 3 ,ikg:a� ®nt oil �a �� N 61C aAC C% _ -, si RICE n r �3 ..� >�MIN tte nTR "SURTTRA:99.. . n 11 sp�secIn se aI n taio n9 ns= iD rae sec 7wc sec ` " 7�5 t says i n-► n n dll!1,11\/:Di!21'�!1!m!!1 dims 1 TE 4 � r�nww�.�� ����� 30/C •— —W r —r rt f ■■ ■■ I i1 mail #g i t IR ;" 1 AC ; jai it ii mi` �. o e(i_Sl WIEDLIN ` 31J2 ■■ ■■ i1 := • SURVEY A- —E W.MIL �R IRIIII 1fi ------ n 3e ' SURV123 —$ }}I I _ I _ _ {I { 3 k iimDi °I �ui1 -- 1 1 n3 'f n 4 �4 11111I11:1\• -VEY A-1607D ; .�.+—_ 16E0 k 1 SIRVEY A-742 ` ,I I�Ai[�1�1I� ift - ,ii n -- '56QOUTHIT Akk - -- Ir_ �•`• SURVEY A ' . . 1111A- .., Q 1�K , a��� t2A�k 7.72 AC to 2e7 - liaLqiiiiitiir ��1L 1. �� n 482 ,\ TB 1C �� gi=WPAb bli. �. TR IC vita 111, \a J \� , k a k, TRACT MAP Pitilt ��; 1 is % j SURD 5H•3 n m■► e 7e 3e1 P A-120' 1 1 ��1 t �R52GZ IC 'E. � \i____R 144 Ac NkA-_RTeS 5 4.982 AC • ER _ TR13 REED a. 121AC ? e ' I 12 I I . 2 35a4DN TR 4B TR 11 1.02 AC 10 AC I o- M. GRIGSBY I "AG" z J. EVANS 0 J. EVANS 0z z L 2 I w w "A(;" ..AG CITY OF SOUTHLAKE "AG" "AG" I TR 17 "AG" 5. C Ir -CITY OF SOUTHLAKE I I I2I III "AG" SOUTHLAKE-SOLANA LTD I 1 52 R 18 -0AC I 2 51 "AG" I 3 50 4 I 49 I 5 48 (kir ADJACENT OWNERS I 6 47 AND ZONING 7 , 46 iJ}1•f� 9 44 10 i 43 (re CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-310 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 17 SITUATED IN THE R. D. PRICE SURVEY, ABSTRACT NO. 992, AND BEING APPROXIMATELY 5.386 ACRES,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM rs AGRICUL DISTRICT TO "RE__ ESTATES )4 ; CT, SUBJECT T 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 (hiare 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:\CITYDOCSORD\CASES1480-310.DOC Page 1 G JN•5 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 expec ted ted 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:\CITYDOCSORD\CASESW80-310.DOC Page 2 (NFL, 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 (Ible a necessityand need for the changes in zoningand has also found and determined that therebeen has 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:\CITYDOCSORD\CASES4t80.310.DOC Page 3 5H1 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 17 situated:in the'R. D. Price Survey, Abstract No. 992, and being approximately 5 acres,and more fully and completely described in Exhibit "A" from"AG Agri to"REn Single D my Residential estate D fnct. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas,to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby,but remain intact and are hereby ratified,verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses L:\CITYDOCSORD\CASES\480310.DOC Page 4 5H.f arid with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates,disobeys, omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and,as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not,under L:\C ITYDOCSORD\CASES\480-310.DOC Page 5 L��Q • 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 A 1TEST: CITY SECRETARY C L:\CITYDOCSORD\CASES\480.310.DOC Page 6 5H-ID ' PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Lie DATE: ADOPTED: EFFECTIVE: C L:\CITYDOCSORD\CASES\480-310.DOC Page 7 510 EXHIBIT "A" STATE OF TEXAS COUNTY OF DENTON WHEREAS JIMMY L. & DANA S. BOYLES are the owners of a 5.386 acre tract of land situated in the R.D. Price Survey, Abstract No. 992 in Denton County, Texas as conveyed by deed recorded in Volume 4184, Page 588 of the Deed Records of Denton County, Texas and being the same tract of land(a called 5.50 acre tract) as conveyed to W.D. Burns & wife Dott Burns by deed recorded in Volume 390, Page 551 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at a point in the existing pavement of N. White Chapel Blvd. That is S 88°21'53" E, 26.72' from a found fence corner and assumed west right-of-way line of said N. White Chapel Blvd.; THENCE N 88°2l'5.3" W passing said found fence corner at 26.72'and in all 891.90'along an existing fence line to a found fence corner at the southwest corner of said Boyles tract; THENCE N 00°17'47" E along an existing fence line for 257.12'to a found fence corner at the northwest corner of said Boyles tract; THENCE S 89°09'47" E alongan existingfence line passingan existingfence corner at 866.13' and in all 890.31' to a point in said existing pavement of N. White Chapel Blvd.; THENCE South along the east line of said Boyles tract for 269.56'to the POINT OF BEGINNING and CONTAINING 234,618 square feet or 5.386 acres of land. C L:\CnYDOCSORD\CASES\480.310.DOC Page 8 5114 City of Southlake, Texas STAFF REPORT April 30, 1999 CASE NO: ZA 99-031 PROJECT: Ordinance No. 480-311 / First Reading/ Rezoning / Tract 3, W.W. Hall Survey, Abstract No. 687 STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Rezoning on property legally described as a portion of Tract 3 situated in the W. W. Hall Survey, Abstract No. 687, and being approximately 2.00 acres. PURPOSE: To plat property into one single family residential lot. LOCATION: On the south side of Emerald Boulevard approximately 200' east of Pearl Drive OWNER/APPLICANT: Bob Stevenson CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1 A" e Sing l FamilyResidential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Thirteen (13) RESPONSES: Three (3) responses were received from within the 200' notification area: • Debra Orzech, 924 Emerald Boulevard, Southlake, TX in favor, "This lot sits in between homes in Diamond Circle Estates. I would like to see another home built there." (Received April 13, 1999.) • Bob Stevenson, 2113 Taxco Drive, Carrollton, TX in favor, "This will be the best use of the property. It will complete the development of the entire Diamond Circle Estates subdivision and follow the city's Master plan and increase the tax base of the city." (Received April 19, 1999.) L 311 City of Southlake, Texas • Don Tinkham, 917 Emerald Boulevard, Southlake, T.Y. in favor, "This property has been neglected and is a haven for rodents and other pest, and also will make a beautiful home site!" (Received April 20, 1999.) P&Z ACTION: April 22, 1999; Approved (4-0) acknowledging Mr. Stevenson's intention to file deed restrictions identical to those for Diamond Circle Estates, Phase I, and encouraging him to get those deed restrictions filed before this case goes to City Council. 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\W P-FILES\MEMO\99CASES\99-005Z.W PD L L 1. „, fl6 Ac iR® I /' / TR 211,I 72 k 1 \.\;��` 1 TR ec / 11 ra • L '11 41^,,A -i ,• :E ( I 619 AC � T3� —� I� 1R iR • I r1 3 4in j 625 4C �I T31 TR TA I la At 7 20 AC I Q JI TRH I 1 1 1TR4 T9� Pi0 0 TRI I tel l3; ' a Yel o1� \ !a c aic ` \\ 9BH do I 3 9 a,111-7131:11I ',\'-'\ SO AC •VW_ 1R u 4 \ \ 1 r Ha Yu f I e; II 1064 AC ` AC „, �\ 1 AllIII 4 21143.AC i 234 do `\ iJ \, D0 AC �, -� \ r ,c;1v,, , I I TR OA 3 ay.1 y\\4\:: 41 , illftll 1o1•.5. 4 Imo fit`•1 _.4 pump Oab MIN ova i TRH ( Wasp, .� C .w• q�l !�/// ��r 1 rr _� 142 Ac III�_ � li! iIfr1jLia1P'ails 411"1 TR 51 ■ u. 1TR 1R 2A TR: 'm,,,, il ___,2 ,i, TR i Zlfi AC tOD AC � TR IE i11i�� moue� � illI I I' i AC 1 I -686 21 TR� 7 AC 24 L TR 3a11 TR if a c�. . T�.�...� � �: .,I. a al At r .. �' ,..,` • vsE,,, I Tax TR IB! 75 do , r ""..r . 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A•„l ,` Rm TR 8Fl 'EtIS 8 9A 98 10 1 2 3 4 5 6 _ / DIAMOND BLVD 2 4 8 7 TES TA 5 6 7 ,7 CI ONE g140--- 9 8 i L J.STEVENSON G. KERBOW W. HICKAM J.STINNETT T. ORZECH 10 " F- A" II lei 1A" EMERALD BLVD A 5R1 CO 9 1.002 0 A J. MABRY Z o - J. i'• 5R2 _1 A�� D.TINKHAM MELLINGER A t 10 • 1.021 0 R // 4.4 D.JOHNSON "SF-1 A" 11 11A 12A 13A R.STEVENSON SOUTHERN • J. HOLT HOME 3A • REALTY A 11A . L . 1. B. MCCOY 3A 4.47 AC "AG" 1A INC. 3A Z 12R1 - - 18 128 _ J. . STEVENSON .409 AC 1 B 1 r 2B r 3B il a" ',A II IJCL•,�� II..I/ I. U V I 1r A-2040 SOIVtHLAKE BLVD TR 5D1 TR 5D2 TR SD5 $ 2.365 AC 1.698 AC 4 R 1.945 0 1A2A1 .66 AC TIM' ' vo lb Drf G = 40 „1 P Ci f ADJACENT OWNERS 8A3® 1St AND ZONING 9• TR 5E TR 5D2B i rc and 5.916 AC 5.351 © 3.948 0 2.78 TR 5D3 1.68 AC 5-41 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-311 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 A PORTION OF TRACT 3 SITUATED IN THE W. W. HALL SURVEY,ABSTRACT NO. 687, AND BEING APPROXIMATELY 2.00 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and II.I.DOC Page 1 55:5 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural Le 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 (me 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 L:\CITYDOCS\ORD\CASES\480-31 I.DOC Page 2 149 • 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 La 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 C L:\CITYDOCS\ORD\CASES\480-3I I.DOC 53 •1 Page 3 • amended so that the permitted uses in the hereinafter described areas be altered, changed and (we amended as shown and described below: Being a portion of Tract 3 situated in the W. W. Hall Survey, Abstract No. 687, and being approximately 2.00 acres, and more fully and completely described in Exhibit "A" from"AG"Agricultural District to "SF-l A" Single 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 (6,,,, hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses (•••• L:\CITYDOCS\ORD\CASES\480-311.DOC 8Page 4 5 '. • and with a view of conserving the value of buildings and encouraging the most appropriate use of ce 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 (me or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under C L:\C IT Y DOCS\OR D\CAS ES\4 80-31 I.DOC Page 5 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 C L:\CITYDOCS\ORD\CASES\480-3I I.DOC Page 6 ✓Z 10 (110.- PASSED AND APPROVED on the 2nd reading the day of , 1999. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY (60, DATE: ADOPTED: EFFECTIVE: C L:\CITYDOCS\ORD\CASES\480.31 I.DOC Page 7 5i' 11 EXHIBIT "A" -TRACT e Niev/720(6r 8ainq n 1 .000 acre tract of and in the williaai W. Hall survey, *Detract NO. 687 situated in the City of 8outhlake, Tarrant County, loges and being a portion of that certain tract of land es described in deed to Jofin M. Stevenson as recorded in Volume 2203. Naga 349 of the peed Records of Tarrant County, Taxa. and Doing more aarticularly described ■e follows: BtG1NNLNG at a 1/2' iron pin found at the northeast corner of Lot 144, H10Lk 6 of Diamond C1rC10 Estates. an addition to the City of Suutnlakw as recorded in Volume 3a8-102, Ps90 35 of the Plat Records of Tarrant County, Texas and being in the south rlgnt-of- way line of Emerald Boulevard.100' kleht-Of-key); THENCE S a9'10'29" E along said south right-of-way line 176.06 feet to a 1/2' iron pin oat; THENCE S 00'49'34" W. 248.68 fee; to a 1/2" iron pin Set; THENCE N 89'10'29' W. 175.42 feet to a 1/2" iron pin set tn' the gout lino of Lot 148 of said Diamlond Circle Estates, an adds ion to tho City of SOuthlake, Tarrant County. Texas as record, in Volumw 1ee-192. Page 35 of the Plat Records of Tarrant County, Taxa6; THENCE N 00'54'38" E along said east line 248.60 feet to 'tne POINT Of BEGINNING and Containing 43,600 square feet or 1.000 acres of land. (PK -TRACT C" r" r244 Being d 1.000 acre tract of land in the William W. Mall Survey. Abstract No. 687 situated in the City of Southlake, Tarrant County. Texas and being a Portion of that certain tract of land As Mqr, ,lion in dwarf .to Jnrn M. Stevenson as recoraod in vine.,:: 7203, Nuyv 349 of the Deed Records of Tarrant County, Texas and being more particularly described 410 follows: BEGINNING et a 1/2' iron pin found at .the northwest corner Of Lot 6. Block 3 of OiaAon0 Circle Estates. an addition to the City of Soothlakv a• recorded in Volume 388-181, Page 09 of the Plat Records of Tarrant County. Texas and Ming in the south right-of- way line of Emerald Boulevard (S0' h1ght-0f 1Mayl; THENCE S 00.49'34" W along the'•Meat line of said Lot 6 a di6tancu of 248.61s feet to a Corner from which a 1/2" iron pin sit boar. N 89'10-e9" w, 0.30 feat; THENCE N 69'10'?9' w, 176.24 feet to a 1/2" Iron pin oat; T►1ENCE.N 00'49'34" E. 240.$0 fest to a 1/2' iron pin sat in the south right-of-way line Of Emerald 8Oule'ard; THENCE S 89'10'29" E along said south right-of-way 11ne 176.24 feet to the POINT Of BEGINNING and containing 43.600 square feet or 1.000 acres of land, (awl L:\CITYDOCS\ORD\CASES\480-31 LDOC j j"12 Page 8 0 • City of Southlake, Texas MEMORANDUM April 30, 1999 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, Director of Engineering Services SUBJECT: Award of bid to Marathon Contractors for the improvements to the Public Works Center on Continental Boulevard Action Requested: Staff requests the City Council to award the bid for the improvements to the Public Works Center to Marathon Contractors of Arlington, Texas in the amount of$426,000. Background Information: The City Council authorized $3.1,050 in the F 1 199 -93 loll budget ioi renovations to the Public Works Facility. The proposed renovations are as follows: Law' Pave parking for employees/visitors (budgeted materials only, city staff will construct); Pave driving area from entrance to the fuel facility and thence to exit (budgeted materials only, city staff will construct); New roof for the shop and office area; Install a brick or masonry facade along the south side of existing building; Install an awning along the west side of existing building; Install an office entrance enclosure (dead air space); Install an ADA standard restroom; Install masonry/wrought iron fence and landscaping along Continental property line These renovations are phase one of many future phases, which will eventually occur to the site in order to bring the site into conformance with City ordinances. As part of phase two, the City Council authorized $200,000 to be budgeted in the FY1998-99 CIP budget to install a "brick-crete" fence along the east and north property lines. Each year money will be requested in the CIP budget for City Council approval to fund future phases. L 5J- 1 The City Council entered into a professional services agreement with Teague, Nall, & Perkins in order to design the aforementioned phase one and phase two improvements and also prepare a Concept Plan for the required Specific Use Permit (SUP) for outside storage. The SUP for outside storage was approved by the City Council on October 6, 1998. Financial Considerations: As stated previously, $341,050 was budgeted in the FY1997-98 CIP budget and $200,000 was budgeted in the FY1998-99 CIP budget for a total of $541,050 to construct the improvements to the Public Works Center. Of the $541,050 budgeted, $135,450 will be required to pave the parking for the employees/visitors and pave the driving area from the entrance to the fuel facility and thence to the exit (materials only/City labor). Therefore, $405,600 remains for the improvements to the Public Works Center for which the City sought bids. The apparent low bidder is Marathon Contractors for the amount of $426,000 (see attached bid tabulation). The bid included the following improvements: Phase One A new roof for the shop and office area. Install a brick or masonry facade along the south side of existing building. Install an awning along the west side of existing building. Install an office entrance enclosure (dead air space). Install an ADA standard restroom. Install masonry/wrought iron fence and landscaping along Continental property line. Phase Two Install "brick-crete" fence along east and north property line. Staff included in the bid documents an Alternate One bid for the installation of the masonry façade along the west side of the shop and south side of the office area, which were not included in the estimate for the budget. The intent was to examine the additional cost to install the facade not only along the south end of the shop but along the remainder of the building structure that can be seen while driving along Continental Blvd. The additional cost for this alternate is $34,000. The engineering and architectural cost is $46,580. Therefore, $472,580 ($66,980 over budgeted amount) is required to design and construct the improvements listed above, which include the additional façade construction not included in budgeted amount. The additional $66,980 can be funded by the CIP budget from the funds remaining from projects that have been bid under budget (see attached CIP Project Costs spreadsheet). 5J-2 Citizen Input/ Board Review: A SPIN meeting with residents in the area of the Public Works Center was held on September 14, 1998. The residents expressed concerns about the fencing along the north property line that is adjacent to Cambridge Place and the outside storage of materials. The outside storage of materials such as gravel, dirt, etc. is limited to a height of 12 feet. An 8-foot "brick- crete" fence will be installed along the north property line and will be installed so as not to disturb the existing tree line. Additional evergreen trees will be planted along the north property line in areas where trees do not exist (as part of phase three improvements). The materials used for street and water maintenance, such as gravel, asphalt, sand, etc., will be stored in concrete storage bins (part of phase three improvements). Legal Review: Not applicable Alternatives: In order to reduce the cost of the project closer to the budgeted amount of $405,600, the City Council may choose to eliminate any of the alternates listed on the bid tabulation sheet. If Alternate One is eliminated (extension of masonry façade along the west side of shop area and south side of office area), the project will decrease by $34,000 and will total $438,580 (including engineering and architectural costs). If Alternate One is eliminated, it can be included in future phases of improvements. Lir Supporting Documents: Bid tabulation for sanitary sewer CIP Project Costs spreadsheet Staff Recommendation: Given that funds remain from several projects that were constructed or have been bid under budget, Staff recommends Council award the bid to Marathon Contractors for the improvements to the Public Works Center in the amount of $426,000. Please place this item on the May 4, 1999 Regular City Council Agenda for City Council review and consideration. R e Approved for Submittal to City Council: s MiNrilily lice 5J-3 a o1 01 , I 10,1 I I91 I I lot I I lol I9I I 191 1 1 1 1 C 7.X ,-I l0, ! 0 I I0l I 8 $l I 8 $ I I 1li N on, I I im n N. 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JOF > � �J Y ¢ � 0 aap ,-� vaiZ a J cm z LL L0U Q CO ZlQ I- Z Wxi O" Zi ZING O - W Z w IZ m; 17 z 01- = w Z Oi w U =Z OJ Z ZI O p 0 F- W W F O. al o u- a 0 ¢ 0 m ¢� Q ¢ O i v O O c o W Q ¢ w N w Z v� d 2 w w U F- 0p W J U U Q ZO J Z N w p W Nzz 3 ccry z z m wa r ~ a Of G 2 O w N O H w W V w ...... YW z ~ O W 11 O)t W O<l- Z U v W w w W cc 02 N Z S W a H F O J �a O > 3 Ji ~ 0- NO W w 0 T U a m u w Wu x o U-0 � >) LL - E = aa. 51- 0 oU.O 1-v,- LLU- "-v? "' 3cYia l Iz a mJ - - z I m ama y z dill o �a uW 0 IQ a <I <Ia a (11111pe' /yy. '. W F C CI. I.— 3 U QI a o cc 0i o a Q � S ( z z Z ...'mJ, Q J �Fz L � a W J W .....1 �ayZC F�j � iO iLO F � i m ? oa a a lIwa ? ? ? a? a,Z ct 1JS aZ0 m I Ia oj I w __ I I . 5J-4 • CIP PROJECT COSTS A B - O I 0 C , 1 I PROJECT DESCRIPTION I BUDGETED AMOUNT I BID/FLNi L COST ; DIFFERENCE 2 i' : MOD MIRON ELEVATED TOWER* S1.860.000 S1,332.000 S23,000 3 IL:' WATERLINE ALONG FM 1709 So41,000 S633,408 S2,592 J. ,- W-.Tct LINE ALONG N WHITE CHAPEL S350,000 S326,455 S23.545 5 IBRU"MLOW $112,700' S111,000 S1,700 1 3 BURNE'i LN -REHAB CUL-DE-SAC S57,000 S64,523 (S7,523) 17 BYRON NELSON STOP LIGHT S40.000! S65.000 (S25,000) t 8 BYRON NELSON STRIPING 565,000! S74,163 (59,163) 19 DIAMOND CIRCLE STREETS&SEWER S1.236.000 S990.161 S295.339 13 FLORENCE TOWER TANK PAINTING' S 105.000 S1 5'200 :S-r 200) ' 'FM ;703 TRAFFIC SEQUENCING S145.000 5-42.;00 S1`3. 00 2 11-I-IJNTWICK ESTATES SEWER 5200,000 S276.123 5 5.'._ IJELL:CO SEWER• S500,000 5419.723 S30,277 14 KIRKWOOD WATER LINE ; S326,0001 S266.159 S59,341 15 LAKE DRIVE WATER.SEWER.PAVING* S364.5001 S376.991 (S12.491) 16 LILAC LN. WATER,SEWER.STREET* S234,600 S286,782 (S52.132) 17 MISSION HILL SEWER I S430,0001 S489,099' (S59.099) 18 N.WHITE CHAPEL-COUNTY LINE TO LAKE' S340,000 S470,970 (_S130.970) 19 N. WHITE CHAPEL-DOVE TO COUNTY LINE SI81.850 S177,010 S4.340 20 i PEA.RSON GROUND STORAGE FANK NO.2' 51.637.400: S 1.545._247 S 14_2.153 121 PLANTATION SEWER * S110,400 S34.676 S25.'24 122 PUMP STATION NO 2 " S3.110,000 S3,146.800 536.300 j 23 RAINTREE SHADY LN WATER.SEWER. PAVING', S1.925,995 S1,615,029 S310.966 (imie. i 24 R1DGECREST S3:5 -76 S3'9 640 .c_::n6.1. f 25 SABRE SEWER CONNECTION-SOLANA S23.000' S21,700 S3.300 26 SHADY OAKS TRAFFIC LIGHT' ! S100,000! S91,000 S9.000 127 SOUTHLAKE KELLER PUMP STATION MOD. ' S300.0001 S294,000 S6,000 28 TIMLaRRON-BENT CREEK REPAIR' S726.986 5699.315 S27.571 29 TROPHY CLUB 24''CATER LINE S1.511,000 S1.440,693 S70.307 :C I'. ONT ;ENT.-\L RECON.-PHASE 1 * S640.424 5640,096 S323 31 'WATER t SEWER TO MIRON ADDITION S196.731 S262.535 5 ..754, 32 `.V DOVE RECON.-PEYTONVILLE TO SHADY OAKS S259,680: S298,397 ;S33.717( 1 33 N-3 &N-1 LIFT STATIONS' S 1.000.000 S 1.009,500 (S9.500) 34 COMMERCE TRAFFIC LIGHT* a: ! S100,000i S48,405 S51.595 35 HILL WOOD SEWER' S95.000 S32.415 SI2.536 136 PUBLIC WORKS CENTER IMPROVEMENTS' 37 TOTAL(OVER)/UNDER BUDGET S6"3.6'8 1 38 39 `?ru)ect nct ..:cmplete. Cost shown reflects contract bid price&engineer.nz, surveying costs 4C 1 ci Assumes.:e•.iccer orGate'.ca'.?!aza will pay half ofS96,309 project i 42 (WI' 3/2/99 5J-5 too.71,11V City of Southlake, Texas MEMORANDUM April 30, 1999 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, Director of Engineering SUBJECT: Design alternatives for the reconstruction of Continental Boulevard, Phase I from Davis Boulevard to Peytonville Avenue Action Requested: Staff requests the City Council to determine the design parameters for the reconstruction of Continental Boulevard, Phase I from Davis Boulevard to Peytonville Avenue. Background Information: The City Council awarded the contract to Reynolds Asphalt Construction Company in the amount of $596,746 at the February 16, 1999 City Council Meeting. The realignment of Continental Blvd. at Peytonville Ave. was included in the contract. The approved construction plans called for Continental to be realigned to the south of its existing location across the right-of-way that was donated by the Carroll Independent School District (CISD). The donated right-of-way has several mature oak trees within its boundaries, of which approximately 28 trees were scheduled to be removed for the realignment of Continental Blvd. The contractor began construction of the box culvert extension, which crosses Continental just west of the Peytonville Ave. intersection, on April 8, 1999. Due to the concerns of the residents regarding the removal of the existing oak trees to reconstruct Continental Blvd., the City instructed the contractor to stop work on April 13, 1999 so that the residents' concerns could be addressed. The project was discussed in detail at the April 20, 1999 City Council Meeting during the City Manger's Report. Following the discussion, the City Council directed Staff to re-examine the current construction plans and present design alternatives to minimize the removal of the oak trees along Continental Blvd. City Council also directed Staff to present the alternatives at a neighborhood SPIN meeting prior to City Council making a decision at the May 4, 1999 City Council Meeting. 5K- 1 Financial Considerations: Not Applicable Citizen Input/ Board Review: A SPIN meeting with residents is scheduled for May 6, 1999 at 7:00 p.m. at Carroll Elementary School. The City attempted to schedule the SPIN meeting during the week of April 26, however the SPIN representative, Mr. Bob Walker, is out of town that week and would not be able to attend. Therefore, the meeting was scheduled for May 6, 1999. The City Council directed staff to place this item on the May 4, 1999 City Council Agenda for consideration. This item will be placed on the agenda, but will recommend to be tabled until the May 18, 1999 City Council Agenda for consideration since the SPIN meeting is on May 6, 1999. Legal Review: Not applicable Alternatives: Not Applicable Supporting Documents: Not applicable Staff Recommendation: Staff recommends this item be tabled to the May 18, 1999 City Council Meeting for review and consideration following the SPIN meeting that is scheduled for May 6, 1999. / RJH/s 4f Approved for Submittal to City Council: City Manager's O (ow- 5K-2 City of Southlake, Texas MEMORANDUM April 30, 1999 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Director of Community Development Keith Martin, Landscape Administrator SUBJECT: Ordinance No. 544-A, 2"d Reading, Amendments to Landscape Ordinance No. 544. Action Requested: City Council approval of Ordinance No. 544-A, amending Landscape Ordinance No. 544 on second reading. Background Information: An amendment to this ordinance was requested by Councilmembers Scott Martin and Debra Edmondson per the enclosed Project Advocacy Form (PAF). Staff has met with these Councilmembers as a work group to evaluate potential revisions. Some significant revisions include the following: • Coordinate Section 3.4 (parking lot landscaping) with concurrent revisions to the commercial parking requirements. • Coordinate the ordinance with the revised"Tree Preservation Ordinance" with regards to credits, protection, irrigation, etc. • Requirements for utilizing existing tree credits. • An increase in the minimum size of plant material required at the time of planting. • The tenants responsibility to provided continued maintenance in perpetuity of all landscape and irrigation. • The elimination of credits which reduce the overall required amount of plant material required for proposed developments. Financial Consideration: Not applicable. Citizen Input/ Board Review: The original Landscape Ordinance was adopted in January 21, 1992. Current Councilmembers Scott Martin and Debra Edmondson requested a review of the Landscape Ordinance. Staff members Keith Martin and Greg Last met with Councilmembers Martin and Edmondson to discuss revisions. Authorization was requested at the February 22, 1999 City Council meeting to forward the draft to P&Z for review. 7A-1 Curtis E. Hawk • April 30, 1999 Page 2 P&Z Recommendations: The Planning and Zoning Commission approved (5-1) Amendments to Landscape Ordinance 544-A on March 4, 1999, with the following changes: Page Sect. Comment/Change 11 4.2.a Change the word"may" in Line 15, back to "shall". 11 4.2 That section 4.2b be added. Existing Tree Replacement: If the existing plants that were given credit toward reducing the required plantings decline within two (2) growing seasons, the owner shall replace that plants with quality plant material equal to the amount of the declined plant. 9 3.3.e Listing techniques of Xeriscaping in the section. 10 3.6.b Agreed to leave in Section 3.6.c, Water Conservation Credits, but move it to Section 3.3, and change 10%to 5%. 12 6.1 P Change the word"unprofessional"to "insufficient". 10 3.4.a Change the word "caliper" on Lines 10 and 11, to "DBH". 16 10.2 Change 50% back to 75% on Line 18. 16 10.2 Add the words "during the time of a normal growing season. Council Action: The City Council approved on consent (5-0) Amendments to Landscape Ordinance 544-A on April 20,1999. Council member Gary Fawks requested that the City of Keller and the Town of Westlake Landscape Ordinances be reviewed for possible alternative parking lot landscape requirements, landscaping adjacent to buildings and minimum tree and shrub size requirements. Legal Review: A copy of this draft was forwarded to the City Attorney's office. Their corrections and comments were forwarded to the City Landscape Administrator and have been corrected for consideration on second reading by City Council. Alternatives: Not applicable. 7A-2 Curtis E. Hawk April 30, 1999 Page 3 Supporting Documents: • Landscape Ordinance 544-A, Draft No. 6, Dated 04/ 30 /99. • Project Advocacy Form (PAF) for the requested revisions to the Landscape Ordinance. • Landscape Regulations Comparison Matrix. Staff Recommendation: Place Ordinance No. 544-A, providing approval of the Amendments to Landscape Ordinance 544-A on the May 4, 1999 City Council meeting for second reading. GL/km Approved for Submittal toCityCouncil: pp City Man ice L 7A-3 City of Southlake, Texas MEMORANDUM April 30, 1999 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director Public Safety SUBJECT: Landscape Ordinance The final copy of the landscape ordinance is ready for final approval by City Council. The City Council approved the first reading of the ordinance, with a request for staff to compare ordinances from other cities on three issues: parking lot requirements, adjacency to buildings, and minimum tree and shrub size. A matrix is attached that summarizes the comparisons of the new ordinance with the old ordinance and ordinances of other cities. The city attorney's office reviewed the ordinance and made no substantive changes. I am available for any questions or comments. 411.." BC/mwj L 7A-4 PROJECT ADVOCACY FORM SHORT TITLE: Revisions to Landscape Ordinance TYPE OF PROJECT: Scope: New , Minor Revision XX , Major Revision Type: Ordinance XX , Master Plan Component , Project Other: REQUESTED BY: Scott Martin & Debra Edmondson. Councilmembers STAFF CONTACT: Keith Martin. Landscape Administrator. 481-5581. ext. 848 DATE OF REQUEST; 6-24-98 DATE RECEIVED: 6-25-98 BY: GL Outline problem, concern or opportunity. (Do not define solution) 1. Coordinate Section 3.4 (parking lot landscaping) with concurrent revisions to the commercial parking requirements. 2. Coordinate this ordinance with the revised"Tree Preservation Ordinance" with regards to credits, protection, irrigation, etc. 3. Insure proper maintenance& replacement of commercial landscaping & assessment of plant material replacement standards. List any potential considerations. (Do not define solution) 1. Update listed recommended plant materials. General Comments: List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. Revised Tree Preservation Ordinance. b. Recommended plant materials from the Texas Agricultural Extension Service. L 7A-5 L'COMDE NP-PuESTROJECTMIoRr YVROJ-REQ.FRMLANDSCOLIMPO Form Date: lune 25,1998 Page 1 of 1 (law . v) .0 a) t, L (.0 0) cn Q1 C C C o as c a) c CO 2 � .a o a o 0 H 'S ._ co c� io co U W e Z Z ooi C CO - ai CD U) ` c C J 0 7 CD 0 �j C a) CD 0 --I • cu U o N N w a) U Q rn c i_ C c c_,)U) a) a) a; as v) a) m O ••`" O CCU •N L uo ,_ ww C cri w � S X5 C a) N . w r aa) c`a = a) = `m o 0 a) o > n Z a n. a a N a a a) r a a) tY N . 0 Z C = a) a) a) a) a) a) C C a) c c c c 0 O } 0 0 0 0 Z Z Z Z Z Z CD 17 m J< = Q L. D D U H _ To. . L • O) 0) 0 L L (0 ++ 2 ) C) W d N y to N N (o M < v)CL Ty �' a+ U i 4) a) a)C r Cl) 0 t 0 V C 0 0 Z cn Q N o0 Z Z N CO Q a) J ED. T • • • T. T. L U =o 0 0 co in I in- En Co r N ca co c0 " 0 C C 2 U) ()) Q (p Q) Q ca O C N a) �+ fC 0 J 0 _ 0 — c0 — — w 0 _! O C O a TO C Ti - W) 0 CD m O C J 0) O 00 (p C O NCU Y C ` a) ,., f6 _ co a) ).. a) C a) to C C I Y y Q O a a) Q. CL a) a J d Y a) a a• a '- a a) a a S (D Q)a a a o v o ° o -a a• o _ .o a c a) w. N en 2 o c co N a) y a) ` p N Oo ~ ~ ~ N O ~ O a O O .5 H p r r r , c- — r r (0 (/) r r m r C C .0 Yla L Y 0) N co N > aa)) 41 i+ t f RS C t co O V '0 o C. d/ t� .X O Q Q L Y 2 o a) 0 Q U C9 to u) 7A-6 LANDSCAPE ORDINANCE NO. 544-A • (se AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE 544; REVISING AND AMENDING REGULATIONS FOR THE INSTALLATION OF LANDSCAPING IMPROVEMENTS ON NON-RESIDENTIAL CONSTRUCTION AND MULTI-FAMILY CONSTRUCTION, OTHER THAN DUPLEX USES; REVISING CERTAIN DEFINITIONS; AMENDING REQUIREMENTS FOR THE SUBMISSION OF LANDSCAPE AND IRRIGATION PLANS; REVISING REQUIREMENTS FOR LANDSCAPING IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR MAINTENANCE OF LANDSCAPING IMPROVEMENTS; PROVIDING FOR MODIFICATIONS, VARIANCES, AND APPEALS FROM THIS ORDINANCE; 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 Le' adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and, WHEREAS, the City Council of the City of Southlake has determined that minimum landscaping requirements for non-residential and multi-family dwelling (other than duplex) uses is are necessary to adequately protect the public health, safety, and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: C 7A-7 LCITYDOCSIOREADRAFTVADSCAPFMIALDOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 04/30/99 Page 1 (liare LANDSCAPE ORDINANCE Table of Contents PAGE 1.0 PURPOSE AND INTENT 5 2.0 DEFINITIONS 2.1 General Rules 5 2.2 Definitions 5 3.0 LANDSCAPE/IRRIGATION REQUIREMENTS 3.1 General 7 a. Existing Buildings 7 b. Pad Site Developments 7 c. Expansion or Reconfiguration of Paved Areas 7 3.2 Bufferyards 7 3.3 Interior Landscape Area Requirements 7 a. Planting Requirements 8 b. Example 8 c. Locational Requirements 8 d. Xeriscape Landscaping Credits 9 e. Water Conservation Credits 9 (0,.. 3.4 Parking Lot Landscape Area Requirements 9 a. Existing Trees 10 b. Planting Requirements 10 c. Exemptions 10 3.5 Visibility Triangle 10 3.6 Irrigation Requirements 10 a. Water Conservation 10 4.0 EXISTING TREE PRESERVATION 4.1 General 10 4.2 Existing Tree Credits 11 a. Existing Tree Credit Calculation 11 b. Existing Tree Replacement 11 5.0 PLANT MATERIAL 5.1 Quality Standard 11 5.2 Recommended Plants 11 5.3 Size Requirements When Planted 12 a. Tree Measurement • 12 b. Minimum Sizes 12 C 7A-8 LarYDOCIRORDZRAFTUIDSCAPPR4ALDOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 04QQ22 Page 2 • LANDSCAPE ORDINANCE • Table of Contents (continued) PAGE 6.0 LANDSCAPE/IRRIGATION PLAN REQUIREMENTS 6.1 Qualifications to Prepare Plans 12 6.2 Landscape Plan Requirements 12 6.3 Irrigation Plan Requirements 13 7.0 OTHER RELATED REQUIREMENTS 7.1 Screening(Ord. 480, Section 39) 14 7.2 Outside Storage(Ord. 480, Section 38) 14 7.3 Bufferyards(Ord. 480, Section 42) 14 8.0 IMPROVEMENTS IN PUBLIC R.O.W./EASEMENTS 8.1 General 15 8.2 Replacement Responsibilities 15 9.0 REVIEW PROCEDURES 9.1 Submittal Requirements 15 a. Application Checklist 15 b. Fees 15 9.2 Authority for Review 15 9.3 Review Process 15 10.0 MAINTENANCE 10.1 General 16 10.2 Plant Material Replacement 16 a. Deferral of Landscape Replacement 10.3 Plan Requirements 16 11.0 ENFORCEMENT 11.1 Building Permit 16 11.2 Certificate of Occupancy 16 a. Temporary Certificate of Occupancy 17 11.3 Deferral of Required Landscape Installation 17 12.0 MODIFICATIONS,VARIANCES AND APPEALS 12.1 Modifications 17 12.2 Variances and Appeals 18 13.0 VIOLATIONS 18 14.0 SEVERABILITY 18 7A-9 1.:CITIDOCSORDDRAFTLNDSCAPPINALDOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 04/30/99 Page 3 LLANDSCAPE ORDINANCE Table of Contents (continued) PAGE 15.0 CONFLICTING ORDINANCES 18 16.0 SAVINGS CLAUSE 18 17.0 PUBLICATIONS CLAUSE 19 18.0 EFFECTIVE DATE 19 19.0 APPENDICES Appendix 'A' -Recommended Plants Appendix 'B' -Required Landscape Summary Appendix 'C' -Typical Plant List Appendix `D'—Application Appendix `E' -Typical Plans (we 7A-10 LAMDOCSVIUXDRAFPLNDSCAPPINALDOC LANDSCAPE ORDINANCE 544-A Final Draft 'Dated 04l30/99 Page 4 (ipe LANDSCAPE ORDINANCE 1.0 PURPOSE AND INTENT The purpose of this ordinance is to provide for the orderly and aesthetic development of the City and to promote the health, safety and general welfare of the community. It is the intent of this ordinance to achieve the following: -A balance between the need for landscape treatments and the need for commercial growth in the City. - Promote a flexible attitude of enforcement sufficient to meet the spirit and intent of these requirements. -Promote mutually beneficial improvements by utilizing incentives rather than penalties. - To aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, ground-water recharge, storm water runoff retardation and erosion control. Cri -Provide for the separation and buffering of incongruous uses and intensity of activities; and provide for the visual softening of building masses. -Reduce glare from paved surfaces, dust nuisances and the impact of noise. -Protect and promote the value of residential and commercial properties within the City. -Promote a positive image for the attraction of new business enterprises within the City. - Encourage the protection of healthy trees and vegetation and promote the natural ecological environmental and aesthetic qualities of the City; 2.0 DEFINITIONS 2.1 GENERAL RULES: For the purpose of this ordinance, the following rules shall be applied in constructing, interpreting or otherwise defining the terms and provisions hereof: 1. Words used in the present tense shall include the future,words used in the singular shall include the plural number and words used in the plural shall include the singular. 2. The word "shall" is mandatory and the word "may" is permissive. C 7A-11 LCITYDOCSNOWDRAPIILNDSCAPFINALDOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 04/30/99 Page 5 Le 2.2 DEFINITIONS: For the purpose of this ordinance, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance, but not defined in this ordinance shall have the meanings ascribed thereto in the Comprehensive Zoning Ordinance of the City. Words.and terms defined in both ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this ordinance shall control. BUFFERYARD: A bufferyard is a unit of land, together with a specified amount of planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them. BUILDING FOOTPRINT: The area of the building in contact with the ground. CALIPER: Diameter of the trunk measured one foot(1')above ground level. CANOPY TREES: A perennial woody plant, single or multiple trunk, contributing to the uppermost spreading branchy layer of a forest and may be commonly referred to as shade trees. GROUND COVER: Low growing,dense spreading plants typically planted from containers. (ibre INTERIOR LANDSCAPE AREA: The area of the lot remaining after subtracting out the area included in the required bufferyards. LANDSCAPE ADMINISTRATOR: The City Manager or his designee. LANDSCAPE ARCHITECT: A person registered as a Landscape Architect in the State of Texas pursuant to state law. LANDSCAPE AREA: An area which is covered by living grass, ground cover, or other plant materials. LAWN GRASSES: Thin bladed surface growing plants typically planted from seed, sprigs or plugs. LICENSED IRRIGATOR: A person duly licensed by the State of Texas to design and install irrigation systems. PERMEABLE PAVEMENT: A paving material that permits water penetration. R.O.W. PARKWAY: That area within the public right-of-way (R.O.W.) between the back of curb or edge of pavement and the right-of-way line. (6., SEASONAL COLOR: Landscape areas used for annual and perennial flowers intended to maintain year-round color accents. SHRUBS: Plants which grow vertically in a multi-branched growth pattern. LCITYDOCSIORDIDRAFTINDSCAPPINALDOC LANDSCAPE ORDINANCE 544-A Final Draft Dated LIENN2 Page 6 g` 7A-12 -'' UNDERSTORY/ACCENT TREES: Small evergreen or deciduous perennial woody plants which would grow below the top layer of the forest and typically has unique branching, textural or seasonal color characteristics. 3.0 LANDSCAPE/IRRIGATION REQUIREMENTS 3.1 GENERAL: The requirements herein shall apply to all new non-residential construction and multi-family construction other than duplex uses. The requirements for landscaping shall combine the bufferyard requirements, minimum landscape areas on the interior portion of the lot,and minimum landscape areas for parking areas. a. Existing buildings: Buildings in existence on the effective date of this ordinance shall be considered legally nonconforming as it pertains to this ordinance. New construction intended to increase the square footage of the existing building by 30% or greater shall be required to meet the requirements herein. Such 30% shall be based on the original nonconforming structure in existence on the date of approval of this ordinance. Any new construction which exceeds 5,000 square feet shall be required to-meet the requirements herein. The requirements herein shall pertain only to the square footage of the proposed new construction. b. Pad site developments: Pad site developments or ground lease developments shall be required to provide landscaping in accordance with the interior landscape requirements of Section 3.3 herein. c. Expansions or Reconfiguration of Paved Areas: Any expansion or reconfiguration of paved areas shall comply with Section 3.4 herein. 3.2 BUFFERYARDS: All plant material required by the bufferyard section of the Zoning Ordinance (Ord. 480 as amended, Section 42) shall be shown on the required Landscape Plan. 3.3 INTERIOR LANDSCAPE AREA REQUIREMENTS: The amount of landscape area required on the interior of the lot (excludes bufferyards) shall be based on the square footage of the proposed buildings. The square footage of the building for the purposes of this ordinance will be the square footage of the first floor or the square footage of the largest floor,whichever is greater. The required landscape area for each zoning shall be based on the percentage (%) of the floor area as determined above in accordance with the following chart. L 7A-13 LCITYDOCSNORDIDRAFINLNDSCAPFINALDOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 04/30/99 Page 7 (impe ZONING PERCENT OF FLOOR AREA MF-2, 0-1, 0-2 50% C-1, C-2,C-3, HC 50% CS,B-1 30% C-4,B-2 20% I-1,&I-2 Building less than 10,000 S.F. 20% I-1,&I-2 Buildings 10,000 S.F. or greater 10% All buildings in SP1 and SP2 and buildings other than Single Family or Duplex uses within PUD or other districts shall meet the requirements of the closest zoning category noted above. a. Planting Requirements: The following plants shall be required, at a minimum,within the required interior landscape areas at the ratio indicated. - 1 Canopy Tree per 600 square feet - 1 Understory Tree per 300 square feet - 1 Shrub per 60 square feet - Ground Cover- 10%of required area - Seasonal Color—2%of Required area (spe b. Example: Three story office building(0-2 Zoning), each floor has 4,000 square feet. First Floor = 4,000 Second Floor = 0 Third Floor = 0 Effective Floor area 4,000 Times 50% x .50 =Required Landscape area 2,000 sq.ft. Required Canopy Trees @ 1/600 sq. ft. = 3 Required Understory Trees @ 1/300 sq. ft. = 7 Required Shrubs @ 1/60 sq. ft. = 33 Required Ground Color area @ 10% = 200 sq. ft. Required Seasonal Color @ 2% = 40 sq. ft. c. Location Requirements: A minimum of 75% of all required interior landscape area and plant material within the interior landscape areas shall be in the front and along either side of the building between the building and the interior edge of the required bufferyards. (60, d. Xeriscape Landscaping Credits: The required interior landscape area may be reduced by a maximum of five percent (5%) when the applicant chooses to design the landscape with Xeriscape principles and techniques as approved by the Landscape Administrator. Examples of evaluation criteria include the following: 7A-14 14CITYDOMOREADRAFFIXDSCATFINALDOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 04/30/99 Page 8 -Planning and design(e.g. Plant grouping by water needs.) -Proper plant selection(e.g. 50%of plants noted as drought tolerant) -Limited grass area -Appropriate mulching techniques -Adequate maintenance schedule/policy e. Water Conservation Credits: Where flood irrigation and/or emitter/drip systems are utilized in at least 75% of all shrub beds, the required landscape area may be reduced by 5%. 3.4 PARKING LOT LANDSCAPE AREA REQUIREMENTS: The parking lot landscape area requirements shall be modified as follows based on the percentage of parking located between the building façade and the RO.W.. Less than 25% = 13 sq. ft. per parking stall 25% - 75% _. 18 sq. ft. per parking stall Greater than 75% = 23 sq. ft. per parking stall Each row of parking stalls shall provide the required landscape area, however, it shall be the applicant's right to place the islands near the buildings, throughout the parking, or at the end of the rows away from the building. The Landscape Administrator may modify the island requirement for each row in situations where it would appear beneficial to combine an awkward or hazardous island into a larger island within the parking area. Planter islands shall have a minimum width of 12' back-to-back if curbed or 13' edge-to-edge if no curb is intended, and shall be equal to the length of the parking stall. Parking lot landscape areas do count towards the total required interior landscape area. a. Existing Trees: The Landscape Administrator may approve variations to the planter island requirements in order to preserve existing trees in interior parking areas. For existing trees the minimum width of the planter island shall be as follows: Tree Size Min. Island Width Min. Dist. Tree to Curb 6" - 12" DBH = 12'minimum width 4' greater than 12" DBH = 18'minimum width 8' b. Planting Requirements: All planter islands in parking areas shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, grasses or seasonal color. Planter islands which have light poles for lighting the parking areas may substitute two (2)understory/accent trees for the required canopy tree. c. Exemptions: Parking garages are not required to provide landscape areas interior to the parking area. (re 7A-15 LaTYDOCIAORDNDRAFIVXDSCAPPINALDOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 04/30/99 Page 9 3.5 VISIBILITY TRIANGLE: No requirements herein shall be deemed to require plantings which would conflict with the visibility triangle at the intersection of public R.O.W. as defined in the Subdivision Ordinance. Consideration should also be given to visibility at the intersection of major driveways with the public R.O.W. 3.6 IRRIGATION REQUIREMENTS: All required landscape areas shall be irrigated by an automatic irrigation system designed by a Licensed Irrigator, Landscape Architect or other professional authorized by the State to design such systems.Natural meadows of wild flowers or other native habitat shall not be required to be irrigated. a. Water Conservation: The City would like to promote the use of efficient irrigation methods and practices. Where possible in planting beds, flood irrigation, porous pipe or emitter/drip systems should be utilized. Where slopes do not allow flood systems, flat spray heads should be utilized under shrubs rather than upward spray heads on risers above shrubs. Lawn spray heads should have low precipitation rates, run for longer periods of time,and water infrequently to promote deep root growth for grasses. 4.0 EXISTING TREE PRESERVATION 4.1 GENERAL: One of the City's greatest assets is the existence of many specimen quality native trees. One objective of this ordinance is the preservation of these trees while allowing quality development to take place. All new or proposed development must also comply with the L City's Tree Preservation Ordinance. 4.2 EXISTING TREE CREDITS: Credits shall only be granted if the tree/s are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined by the Landscape Administrator at the time of inspection for a Permanent Certificate of Occupancy. a. Existing Tree Credit Calculation: Existing trees which are saved in landscape areas and have at least 75% of the `Critical Root Zone' within that area shall be granted credits toward reducing the required plantings as follows: Size of Tree Saved Canopy Understory 6" - 12" DBH = 1 or 2 Greater than 12"DBH = 2 or 3 b. Existing Tree Replacement: If the existing plants that were given credit toward reducing the required plantings decline within two (2) growing seasons, the owner shall replace that plants with quality plant material equal to the amount of the declined plant. C.? 7A-16 LCITYDOCSIORD1DRAFTLNDSCAPFINALDOC LANDSCAPE ORDINANCE 544-A Final Draft Dated 04/30/99 Page 10 L., 5.0 PLANT MATERIAL 5.1 QUALITY STANDARD: All plant material shall be of No. 1 grade, free from plant disease, of typical growth for the species, have a healthy, normal root system, rounded branching pattern, and shall conform to the code of standards set forth in the current addition of the American Standard for Nursery Stock. 5.2 RECOMMENDED PLANTS: Shown in Appendix 'A' is a list of recommended plants within each plant material type. The applicant may propose plants other than those listed if the plant seems appropriate for the intended use or the applicant maintains a plant care program sufficient to properly care for the proposed plant material. The City reserves the right to approve or disapprove required plants and planting through the Landscape Administrator or City an appointed Landscape Architect, horticulturist, or other person so qualified. 5.3 SIZE REQUIREMENTS WHEN PLANTED: All plants shall equal or exceed the following measurements when planted. Plants larger than specified may be used but use of such plants shall not decrease the size requirements of other proposed plants. a. Tree measurement: Canopy and understory trees with single trunks shall be measured by caliper size one foot (1') above the ground line. Multi-Trunk trees shall be measured by (kare the height of the tree. b. Minimum Sizes: Minimum plant size when planted shall be as follows: Plant Material Type Minimum Size Canopy Tree Single Trunk 2 1/2"caliper Multi-Trunk Clump 8 feet(height) Understory Tree 6' feet(height) Shrub* 3 gallon Groundcover 4" containers * The Landscape Administrator may approve smaller sized shrubs based on unusual growing circumstances and/or on a specific design which reflects the overall intent of this ordinance. 6.0 LANDSCAPE/IRRIGATION PLAN REQUIREMENTS 6.1 QUALIFICATION TO PREPARE PLANS: For all lots greater than 30,000 square feet, Landscape Plans shall be prepared by a Registered Landscape Architect. For lots less than 30,000 square feet, a Landscape Designer or Landscape Contractor, knowledgeable in plant materials and landscape design may also prepare the landscape plan. Irrigation plans shall be prepared by a Licensed Irrigator or Landscape Architect. The Landscape Administrator may reject plans if deemed of insufficient quality or completeness and require that plans be prepared by a Registered Landscape Architect or other qualified professional. 7A-17 t. •. • • LANDSCAPE ORDINANCE 544-A Final Draft Dated tA/1 Page 11 i items shall be provided on the 6.2 LANDSCAPE PLAN REQUIREMENTS: The following required landscape plan. a. Sheet size 24" x 36", or as approved. b. Acceptable scale: 1" = 10', 1"=20' or as approved. c. North arrow,graphic and written scale in close proximity. d. Appropriate title (i.e. "Landscape Plan") e. Title block includes street address, lot and block, subdivision name, city, state, date of preparation. f. Name and address of owner. g. Name, address and phone of firm preparing plan. h. Boundary shown with dimensions. i. Any existing easements and utilities shown. (i.e. water, sewer, storm drain, gas, electric, cable,etc.) j. Width and type of bufferyards labeled on all sides. k. Location, caliper size and name of all existing trees 6" caliper or more which are to be preserved. 1. Location,quantity, size and name of all proposed plant materials. m. Maintenance note provided. (Section 10.1) n. Provide standard Bufferyard and Interior Landscape Calculation Chart from Approved Site Plan. o. Visibility triangles shown. p. Landscape Architect seal signed and dated. q. Plant list shown with format similar to Appendix'C'. r. Any berms delineated with one-foot(1')contour intervals. (me 7A-18 LZITYDOCIRORDORAFIILNDSCAPFINALDOC LANDSCAPE ORDINANCE 544-A Final Draft Dated Q Q(22 Page 12 �x- s on the be 6.3 IRRIGATION PLAN REQUIREMENTS: The following items shall provided required irrigation plan. a. Sheet size 24" x 36", or as approved. b. Acceptable scale: 1" = 10', 1" = 20', or as approved. (Must be same as Landscape Plan) c. North arrow, graphic and written scale in close proximity. d. Appropriate title(i.e. "Irrigation Plan") e. Title block includes street address, lot and block, subdivision name, city, state, date of preparation. f. Name and address of owner. g. Name, address and phone of firm preparing plan. h. Boundary shown with dimensions. L. i. Location of all existing trees 6" caliper or larger which are to be saved. j. All pipes labeled as to size. k. All heads labeled as to type. (Legend is acceptable) 1. Backflow prevention labeled with type and size. m. Connection to water service shown after meter. n. Second meter(with size) shown if intended. o. Any existing easements and utilities shown. (i.e. water, sewer, storm drain, gas, electric, cable, etc.) p. Note on plan: "All backflow installations and connections to city water lines must be permitted separately by the City inspection staff. q. Maintenance note provided. (Section 10.1) r. Plan sealed, signed and dated by qualified professional as authorized by State law. 7A-19 LaNDOCSOPDADRAMADSCAPFINALDOC LANDSCAPE ORDINANCE 544-A Final Draft Dated¢4QQ(QQ Page 13 7.0 OTHER RELATED REQUIREMENTS 7.1 SCREENING: All the requirements of the Screening section of the Zoning Ordinance (Ord. 480 as amended, Section 39) shall be met and shown on the required landscape plan. 7.2 OUTSIDE STORAGE: All the requirements of the Outside Storage section of the Zoning Ordinance (Ord. 480 as amended, Section 38) shall be met and shown on the required landscape plan. 7.3 BUFFERYARDS: All plant material required by the bufferyard section of the Zoning Ordinance (Ord. 480 as amended, Section 42) shall be shown on the required Landscape Plan. 8.0 IMPROVEMENTS IN PUBLIC R.O.W. /EASEMENTS 8.1 GENERAL: A developer shall be required to provide grass and irrigation in all unpaved areas of the public R.O.W.. A maximum of ten percent (10%) of the required interior plant material may be placed within the R.O.W. parkway. Should the applicant elect to provide plantings in the public R.O.W., no plant material other than lawn grass and ground cover may be placed closer than 8' from the ultimate cross-section back-of-curb. 8.2 REPLACEMENT RESPONSIBILITIES: The City shall endeavor to require replacement of all landscape/irrigation improvements as a part of contracts to install public utilities within public R.O.W. and/or public easements. The City and owner shall not be responsible for replacing these improvements. In the event the City anticipates utility improvements conflicting with intended landscape/irrigation improvements, the City may require that the applicant wait to install said improvements until after the public improvements have been installed or under certain circumstances, the City may prohibit landscape improvements within the R.O.W. 9.0 REVIEW PROCEDURES 9.1 SUBMITTAL REQUIREMENTS: The Landscape Administrator shall establish administrative procedures necessary to facilitate the implementation and enforcement of this ordinance. a. Application Checklist: All submittals shall be accompanied by an application form and completed checklist. Landscape Plans shall be accompanied by the required Landscape Summary(Appendix'B'). b. Fees: All submittals shall be accompanied by a check payable to the City in the amount specified by City Council. 9.2 AUTHORITY FOR REVIEW: The Landscape Administrator shall be responsible for the review of all plans submitted in accordance with the requirements of this Landscape Ordinance 544-A Page 14 7A-20 • 11.2 CERTIFICATE OF OCCUPANCY: All plantings, screening, berms or other requirements of this ordinance shall be installed prior to the issuance of a Certificate of Occupancy (C.O.). Any sod intended must be installed, hydromulch areas must be sprayed. Turf establishment is not required prior to issuance of a C.O. a. Temporary Certificate of Occupancy: In any case in which a Temporary Certificate of Occupancy (T.C.O.) is issued because of a delay of the required landscape installation, it shall be in accordance with Section 11.3 herein. 11.3 Deferral of Required Landscape Installation: In any case in which a C.O. is sought or plant replacement is required at a season of the year in which the Landscape Administrator determines that it would be impractical to install plantings as required herein, a Temporary Certificate.of Occupancy (T.C.O.) or a deferral of the required plant replacement may be given for a period not to exceed six (6) months. The applicant shall be required to provide a letter of credit,or escrow deposit in an amount sufficient to cover the installation of the landscape and irrigation requirements herein, plus a 10%contingency. Such amount shall be evidenced by an itemized bid prepared by a qualified contractor. Upon the failure of the applicant to complete the installation (kire requirements, the City shall have the right to draw upon the letter of credit or escrow deposit to complete the installation of the requirements herein. Any funds in excess of those required to complete the installation shall be retained by the City to offset administrative costs. 12.0 MODIFICATIONS, VARIANCES AND APPEALS 12.1 MODIFICATIONS: Whenever there are practical difficulties involved in complying with the provisions of this ordinance, the Landscape Administrator may grant modifications in individual cases provided he shall first find that a special individual reason makes strict compliance with this ordinance impractical; that the modification is in conformity with the intent and purpose of this ordinance; and that the proposed modification is at least the equivalent of the requirements prescribed by this ordinance. Such modification may only be made upon written application filed with the Landscape Administrator and the details of any action granting a modification shall be recorded and entered into the files of the City. 12.2 VARIANCES AND APPEALS: Any applicant who desires a variance or elimination of the requirements herein, or who desires to appeal a decision by the Landscape Administrator, shall file a written appeal with the City Manager for consideration by the City Council. Such appeal shall be accompanied by adequate (kw graphic reproductions, a written summary of the request, and justification for such request. The City Council shall have the authority to grant an interpretation or variance to the requirements of this ordinance. In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will Landscape Ordinance 544-A Page 16 7A-22 • (re create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed,that the variance will not injure and will be wholly compatible_ with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. The decision of the City Council shall be final. 13.0 VIOLATIONS Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed Five Hundred Dollars and No Cents ($500.00) for all violations. Each day that a violation is permitted to exist shall constitute a separate offense. 14.0 SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, (99, 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. 15.0 CONFLICTING ORDINANCES This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the city; and this Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 16.0 SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulations for installation of landscaping improvements 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. (1.6„, 17.0 PUBLICATIONS CLAUSE 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 Landscape Ordinance 544-A Page 17 7A-23 • 'j • kise for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by section 3.13 of the Charter of the City of Southlake. 18.0 EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. 19.0 APPENDICES It is anticipated that the following appendices will be changed periodically by the Landscape Administrator in response to changes in the administration of this ordinance. (pie PASSED AND APPROVED ON FIRST READING ON THIS DAY OF ,1999. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON FIRST READING ON THIS DAY OF ,1999. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: (10' APPROVED AS TO FORM AN LEGALITY: City Attorney Landscape Ordinance 544-A Page 18 7A-24 City of Southlake, Texas STAFF REPORT April 30, 1999 CASE NO: ZA 99-015 PROJECT: Revised Concept Plan and Phase 1 Site Plan for N.E.T. Church STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Revised Concept Plan and Site Plan for N.E.T. Church, on Lot 3, Block 1, of the approved Preliminary Plat for The Remington Addition and being on property legally described as Tract 5A1 situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 7.0135 acres. PURPOSE: Obtain Concept Plan approval for overall site development and obtain a building permit for Phase 1 construction. LOCATION: On the south side of West Southlake Boulevard (F.M. 1709) across from Jellico Estates. OWNER: N.E.T. Church APPLICANT: James E. Langford, Architects and Planners CURRENT ZONING: "CS" Community Service District. LAND USE CATEGORY: Public/Semi-Public NO.NOTICES SENT: Five (5) RESPONSES: One(1)response was received from within the 200' notification area: • E.I. Wiesman, 2607 West Southlake Boulevard Southlake, TX,in favor, "I have no problem with the Concept & Site Plan, provided,the N.E.T. church maintains our agreement relating to the L.T.D. (Lights) (Trees) & (Drainage)" (Received April 19, 1999.) P&Z ACTION: April 22, 1999;Approved(4-0) subject to Site Plan Review Summary No. 3, dated April 16, 1999, deleting Items #1 (4:1 slope) and #2 (articulation);eliminating the easement requirement noted in Item#6; and accepting the applicant's commitment that no spillover lighting occur on Mr. Weisman's property and that there will be no lights on the turnaround. 1 ' • City of Southlake, Texas STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated April 16, 1999. ' L:\COMDEV\WP-FILES\MEMO\99CASES\99-011 SP.doc • g -Z d-20-1999 d:SOPM FROM JLANGFORD ARCHITECTS 21d 520 9271 P. 2 JAMBS B.LANGFORD,Architects and Plamcrs April 20, 1999 Planning Review Committee City of Southlake 667 North Carroll Avenue Southlake,Texas 76092 RE:99-015 Site Plan,N.E.T. Church Dear Planning Review Committee: • I am pleased to respond to your comments dated April 16, 1999 regarding project number 99-015 Site Plan,N.E.T. Church_ I would like to respond to your comments item by item addressed in your review. (toe 1. An alternate site plan has been prepared such that no building encroaches above a line having a slope of 4:1 from any property zoned single-family or designated single family use. The revised grading has not been shown. The Owner would like to ask the City Counsel to consider the site plan as originally submitted. Toward this end,all of the following site plan comments have been addressed on the site plan as originally issued. The Owner is requesting a variance to the 4:1 slope for the following reasons: a. The horizontal impact of the building will not be as great to the single family residential property to the east on the site plan originally submitted. b. More native specimen trees will be saved in the original orientation because there is less possibility for damage to the trees to the east when the future addition is added later. c. The current site plan needs less pavement for fire department access to the property. 2. We have revised the exterior elevations to meet the requirements of Ord.480,Section 43.9.c.1.c on all facades,based upon Southlake's written ordinance. However, the interpretation of the written ordinance by the Development officials requires that articulation must be directed up vertically rather than down vertically. Vertical articulation rising above the sloped roof will compromise the aesthetics of this church structure. This is further complicated because of Southlake's sloped roof requirement adjacent to a residential home.Because of this particular interpretation of the articulation requirements by Southlake officials,we have no choice other than to request a variance. 3. The dumpster has been relocated within Phase two so that it is a minimum of 50'from the single family property to the east_ 4. The note"A minimum of 50%of all canopy trees planted on the site must be 2" caliper 3113$Oak Lawn Avenue,Suite 920 Dallas,Texas 75219 Facsianle(214)520-9271 Telephone(214)520.9210 7$-3 CCIM n DD adam nnn a-20-1999 A:51PM FROM JLANGFORD ARCHITECTS 21 . 520 9271 P. 3 (1111., and 50%must be 4 caliper"has been added to the Bufferyard and Interior Landscape Charts. 5. Discrepancies on the elevations have been corrected. 6. The applicant is pleased to review the need for a 5'Utility Easement along the east property line. The utility easement was originally requested by Southiake Public Works. The applicant would like to save as many trees as possible. TREE PRESERVATION COMMENTS 1. The applicant will mitigate any trees that are removed according to Tree Preservation Ordinance. 2. As noted above,the applicant fully intends to preserve as many trees as possible. See comment number six above. We understand that trees will have to be removed to construct the drainage swale along the east property line. Neither the Owner of N.E.T. Church nor the property owner to the east want to remove these trees_ Nevertheless,the City of Southlake Public Works department has requested that the Owner install a drainage swale and easement for the runoff water north of F.M. 1709. The Owner would like to request that the current drainage way remain"as is"for the first*400'from F.M. (sr' 1709 to preserve the trees. After the first±400'the drainage swale and easement can be constructed without removing trees. We request Southlake's assistance in resolving this matter between the Tree-preservation department and Public Works. Please let us know if you have any comments or if we have misunderstood any of your comments. Thank you. Yours truly, antes E.Langford,AIA (re 3$38 Oek Lawn Avenue,Suite 920 Dallas,Texas 75219 Facsimile(214)520-9271 Telephone(214)520-9210 1v" � i _ _ :----r.,.._ iii. , Iv 71 lig Or $Vts '1 46.0ii.-.7.- „., ,61M iiirt. 2311 . -,0 . . 11111:1111111 23" leir , L' t . ,, ma .IMMII, . goir--,17-71 \..% ' ' in tlik-scini..- 4B9 —;11;•Miliii.1 11,,Assc 1 - TIM 011411r1161.11; 11C1W. * :rgi� Sim -�[y�E !•I.r R i psi tiros** :SI mi 1"91- , IziiiiiiIiiiillii .10. 1g' 11' 73" !g\-\"%.% Willija1111.2 1710111411:4 -. Milli _ Irma: . un - �� • u, J.1 .1 .. 056 I.°*11- 1 "7Y4B1 tarr 11..1111116— '-r110-11VII .wpm, ,. .1\ ' ... 4- mai vigliornir . ! '_ -. tralliar- * :Sawa ens INI rilialliiit. 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OWEN TR.4G 7.642 AC TR.56 3.10 Ac "S—P-2" E. OWEN L ADJACENT OWNERS AND ZONING 141s1-••11 XV• 0114o-••f-a1• BB-b.le 'ON 3SV0 SVX31 .3)1V1HifOS z 1- - 1S •••1••a '1• \•O 'M i0° k W I _.•.r._ H7aflH0 11RIflNUOO 3)IV1n39ULL m 7"' .�,_, & .. 3 1 i H H ,;::: nod a31N30 dIhSNOt m3N L., i moo p • �p u o u;?_;; _ ii 1S`,3f1032f ONINOZ SO t104 NVId 1d30NO3 0 fr t i K�JO- / ga • t i 3%;o r f e ---------s-:sH. / p o z W E rr�:r / o e t t_' 41 ,A01, -vit .---., 410 e r) g i, 1 ii. .. 1 11 Wi .•,.. I ,..) I I 1 I " 0 ;" ill <0 1 '1;1 li ii.‘4.W1 71: ic,,,.. .......>,,... ,,,, . ,i 1 ,t, ig 21: 43 1 ip ....2+. ..:- .:-.: 1, 4., 2 .. 1 •Ii 0 ts 21 „.s a ..,.-fL < -.1...T-, I wei k U 3 a o'itmii 3 .:.i..a 1 4grri 11 i ii, .I 'ri �_.�lY, 1 I tt cti , = Z ♦•L II d Ill = % says. o ; f Z L . ,__, .., i .• .. .. . • ,..•• I ♦ r I z r 4ii� iSiiii 0 1 y 1 6� o II I ; 1 I 1.1mIllhas," \X 11. 0- IIIIIIIIIIi, • II I \ .„... h II IItIIII�L iiii �� lit. III o t ill Lu r.,'" 11 nr rli ill g ; CC — .1 CNI 1 I`•. • 0 II , III I 0'1 III I = II \ i 1 II I i •; I I� ! 1t•I t ! j a M •• ` 1 k.. II 1 . Asil . tg I ( :12 , < I I i 11\ � ` Li Troll 1 I ig rJ C o— lioi e h III j�!� �.M1 te• tg;��:i£i L., •1 C2 g n C....• 1.-LC..5.••N 0 _ I liAmiht [h!1 if1��.11II lIIt�S FI • • City of Southiake,Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 99-015 Review No: Three Date of Review: 04/16/99 - Project Name: Revised Concept Plan and Phase I Site Plan-N.E.T. Church ,being 7.0135 acres out of the J.G. Allen Survey.Abstract No. 18 APPLICANT: ARCHITECT: N.E.T. Church James E. Langford Architects& Planners P.O. Box 820693 3838 Oak Lawn Ave. North Richland Hills.TX 76182 Dallas,TX 75219 Phone : (817)577-4192 Phone : (214) 520-9210 Fax: (817) 514-9638 Attn: Johnny Bernstein Fax : (214)520-9271 Attu: James Langford CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/29/99 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 Comments 1,2,&3 Residential Adjacency Y See Comments 1,2,&3 Building Articulation Y See Comment No.2 Masonry Standards Y Complies Impervious Coverage Y Phase I Complies Bufferyards Y Complies Interior Landscape Y Phase I Complies Driveways Y Complies * Although the proposed site plan substantially differs from the approved concept plan for this site, rezoning is not required.The proposed use corresponds to the existing zoning and the site is not in a PUD or SP district. * This Staff Review includes the entire site as it pertains to proposed Phase I construction. Future construction shown as Phase 2 has received a limited staff review as a revision of the existing concept plan. A revised site plan will be required prior to any Phase 2 construction. 1. No non-single family residential building may encroach in the area above a line having a slope of 4:1 from any property zoned single-family or designated for single-family use on the Land Use Plan. The east side of the Phase 1 building encroaches into this 4:1 slope approximately 18.5' on the northeast corner and 19.1' on the southeast corner. Relocate or modify the shown building as needed for compliance. (11I' kt", • City of Southlake,Texas Approval of the building location or maximum building height of 35'within Phase 2 as shown, does not constitute relief from the 4:1 slope requirement for this phase or building. Such' relief, if needed,must be granted with the site plan for this future phase of construction. 2. 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. * Approval of the building location as depicted within Phase 2 does not constitute relief from the articulation requirements for this phase or building. Such relief, if needed, must be granted with the site plan for this future phase of construction. Relocate the dumpster shown within Phase 2 so that it is a minimum of 50' from the single family property to the east. 4. Add the following note below the Bufferyard and Interior Landscape Charts: A minimum of 50%of all canopy trees planted on the site must be 2" in caliper and 50%must be 4" in caliper. 5. Correct discrepancies on the Building Articulation Breakdown exhibit(A3.03). Specifically,the wall length near the southwest corner of the building does not correspond with the scaled dimension of on the A1.02 exhibit. In addition the screen wall is shown as connected in plan view but disconnected when viewed in profile. 6. Staff suggests the applicant evaluate the need for the 5'U.E. along the east property line. If adequate utility service can be provided utilizing existing R.O.W.staff suggests that the applicant request relief from the requirement for this easement at the time of final plat approval. Elimination of this easement will assist in the preservation of existing trees on the site. * The applicant should be aware that revised submittals for the next scheduled public meeting must be received at the City by 5:00 PM on 04/28/99. A total of 27 revised copies are required for a resubmittal to the Planning and Zoning Commission and a total of 17 revised copies are required for a resubmittal to the City Council. Each plan must be folded to 6" x 9" and a single 11" x 17" reduction of each plan must be submitted. If not received prior to the deadline,the item will be moved to a later agenda. * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 65%for the"CS"Zoning District.The impervious coverage percentage of this site as shown with both Phase I and II is approximately 51%. Future construction and phases of this development will require additional site plan approval and must comply by phase and in total to the impervious coverage requirements. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. yrt • 1 8- q City of Southlake,Texas * . The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans,must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee,Street Impact Fees,Water&Sewer Impact and Tap Fees,and related Permit Fees. * 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 any curb cut along F.M. 1709. * Please be aware that parking and fire lane requirements have been calculated based upon the use(s) indicated in this site plan Any change of tenant/owners or a change in the proposed use of the building(s) shown may require a new evaluation of required parking and/or fire lanes . Additional parking or a modification of fire lanes may be required as a result of such a new evaluation. * Denotes Informational Comment att: Articulation Evaluation Chart cc: N.E.T. Church VIA FAX: ABOVE James E Langford Architects and Planners VIA FAX: ABOVE Washington&Associates VIA FAX: (817)485-4106 (I: . ' : '_.,'- //p�� ,,,,h .„.„.... 2 _. , • Articulation Evaluation No.3 Case Case No.ZA 99-015 Date of Evaluation: 04/16/99 levations for N.E.T.Church Received: 03/29/99 North Wall ht.= 18 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 54 54 0% Yes 54 85 57% No Min.artic.offset 3 8 167% Yes 3 18 500% Yes Min.attic. length 14 41 193% Yes 21 58 176% Yes South Wall ht.= 18 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 54 40 -26% Yes 54 85 57% No Min.artic.offset 3 6 100% Yes 3 18 500% Yes Min.artic. length 9 29 222% Yes 21 58 176% Yes West Wall ht.= 35 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 105 42 -60% Yes 105 68 -35% Yes Min. artic. offset 5 3 -40% No 5 18 260% Yes ( ,Min. artic. length 11 42 282% Yes 17 32 88% Yes East Wall ht.= 35 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 105 68 -35% Yes 105 68 -35% Yes Min. attic. offset 5 78 1460% Yes 5 18 260% Yes Min. attic. length 17 32 88% Yes 17 21 2800% Yes • C 1gtl �� TREE PRESE RVATION ANALYSIS • (NON-RESIDENTIAL DEVELOPMENT) Case: 99-015 Resubmittal Date of Review: 3 - 30 - 99 Number of Pages: 2 Project Name: N.E.T. Church(Site Plan Second Resubmittal) OWNER: PREPARED BY: N.E.T. Church Washington&Associates,Inc. 500 Grapevine Hwy., Suite 1475 Hurst,TX 76054 Phone: Phone: Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE 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: 1. The applicant is proposing to change the natural grade within the critical root zone area of two (2) existing protected trees north of the Worship Building. The trees are further than 6' from the building and not in a parking lot, access drive or easement. 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. If the grade is changed within the critical root zone area of the trees they are no longer considered preserved and are required by ordinance to be mitigated. In the event it is necessary to replace a protected tree\s all replacement procedures shall follow Section 5.0 of the Tree Preservation Ordinance 585-A. 2. The construction of the proposed drainage swell along the east property line will effect the existing trees in that area, even where it is proposed. There is a natural clear area running through the middle of the trees where the water already drains. The width, grade changes and type of construction methods used will determine the effects on the trees. I think the swell can be meandered through the clear area with a minimal amount of trees being removed. * 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. C * 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 BUILDING INSPECTIONS L:\Trc&4rc99W9-015r2 • Cfoundation 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. * All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this lot. 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I 1111 PT 1 4 3 / m til I : j�--.--:i I RAIN ' _ ff ;tea�---— ,. I ii 4 I i3ii 3a `+''____M a err C .3g. 3 -? "� LY 'J • 1 ''' sa_..----- i — isl — V Li ..n -e ----.._ --11 -------":111 20' S 1 •d. 4W ste t,a / i ±!!_!_i1i • • ,tit i •••41 1 - j 1 I 1 41 I g • ;/ illiiilib .Li liii ouo - :1 T 1 llis j•, • jili it s s t :! N : t1 • ! 4 , I al s R a iy .LY /rr rleIiIa o !It° 4tlt t t I3 :'lli ofoc i� i M. .n. .r 1 € - .).'. r.'1 a N nu II.A.u..fl 1#J 01 1 City of Southlake, Texas MEMORANDUM April 29, 1999 Lie TO: Curtis E. Hawk, City Manager FROM: Greg Last, Director of Economic Development SUBJECT: Sabre Campus Headquarters Project Item 7C: Ordinance 744, 2"d Reading—Designating Reinvestment Zone #2 Item 9A: Resolution 99-26 —Adopting a Tax Abatement Policy Item 9B: Resolution 99-27 —Approval of Chapter 380 Agreement Item 9C: Resolution 99-28 —Approval of Tax Abatement Agreements Action Requested: Approval of items noted above. Note that this memo is the same for all items noted above. A summary of all items is attached for reference. Background Information: There have been several months of good-faith negotiations related to this project, consummated in a presentation to City Council on April 27, 1999. Attached to this memo is a summary of changes made in the documents since that meeting. Financial Considerations: We have previously distributed and discussed a financial evaluation of the project. (Be Note that we have attached revised financial spreadsheets to Item 9C, the Tax Abatement Agreement. There was one change (to our benefit) which is now shown for years 2012-2018. We had not reflected the benefit of the 10% that will not be abated during the 10-year program. Citizen Input/ Board Review: None required. Legal Review: The city attorneys have been significantly involved in reviewing and modifying the documents as enclosed. Alternatives: Approval, modified approval, denial. Supporting Documents: Attached is the specific document for this agenda item as referenced above. City Council Actions: The City Council approved the first reading of Ordinance 744 (7-0) on April 27, 1999. Staff Recommendation: Consider all actions desired and approve if found appropriate. L 4c_ I Curtis E. Hawk April 29. 1999 Page 2 Lye Approved for Submittal to City Council: City a s Of ce L L 4C- 2 The following summarizes changes in the documents since Council review on April 27, 1999. coil 7C: Ordinance 744, 2"d Reading— Designating Reinvestment Zone #2 „e Section Change Exhibit A The legal description changed slightly to 150.716 acres from 150.621 acres. Item 9A: Resolution 99-26—Adopting a Tax Abatement Policy Page Section Change 1 3.B The second paragraph added some language per Councilmember Edmondson's request. Item 9B: Resolution 99-27—Approval of Chapter 380 Agreement Page Section Change 3 5 (a) The accounting firm Ernst & Young was inserted in the first sentence. 4 6 (d) (i) Eliminated the phrase "(including installation of meters)" from the end of the second sentence and "...but in no event later than ." from the last sentence. 4 6 (f) Was reworded as shown to clarify intent of fees in fee schedule. 4 6 (g) This paragraph from the prior draft related to impact fees was deleted. Exhibit A The legal description changed slightly to 150.716 acres from 150.621 acres. i 9C: Resolution 99-28—Approval of Tax Abatement Agreements ge Section Change 1 Preamble An additional owner "Maguire Partners-Westlake Partnership, A Texas limited partnership" (Owner B) has been shown. This is an entity that currently exists and is the owner of one Solana land parcel which is being sold. It is the desire of Maguire Partners to utilize the Owner B entity to acquire title and transfer to Sabre rather than having the property intermingled with other properties owned by the Owner A entity. 4 III A. Reworded to clarify the land would be abated on a per premises basis. 5 III F. New section addressing the expiration of the tax abatement and the return to full value. Exhibit A The revised abatement policy was inserted. Exhibit C The legal description changed slightly to 150.716 acres from 150.621 acres. Note: The packet includes the template for all seven agreements. The signed documents will be separate agreements referencing separate premises with all associated materials attached. (or 7C— 3 ORDINANCE NO. 744 Cy' AN ORDINANCE DESIGNATING REINVESTMENT ZONE NUMBER TWO IN THE CITY OF SOUTHLAKE, TEXAS, PURSUANT TO CHAPTER 312 OF THE TEXAS TAX CODE; ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS RELATING THERETO; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas (the "City"), desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zone for commercial-industrial tax abatement, as authorized by Chapter 312, of the Texas Tax Code (the "Act"); and WHEREAS, the City Council, by resolution has established certain guidelines and criteria governing tax abatement agreements and indicated the desire of the City of Southlake to participate in tax abatement; and WHEREAS, on May 4, 1999, the City held a public hearing on the proposed designation of the reinvestment zone, after publishing notice of such public hearing and giving written notice to all taxing units overlapping the territory inside the proposed reinvestment zone as required by Chapter 312; and WHEREAS, the City Council finds that the area within the reinvestment zone created under this ordinance is reasonably likely as a result of the designation of the reinvestment zone to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the city; and WHEREAS, the City Council further finds that the reinvestment zone created hereunder otherwise meets the criteria of Section 312.202 of the Texas Tax Code and is eligible g e for commercial-industrial tax abatement as provided in Chapter 312 of the Texas TC- Page 1 Tax Code; and WHEREAS, the City Council finds that improvements proposed to be made within the reinvestment zone are feasible and practical and would be a benefit to the land within the zone and to the city after the expiration of tax abatement agreements and that the creation of the reinvestment zone for commercial-industrial tax abatement will result in benefits to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2. The area described in Exhibit "A" attached hereto and incorporated herein is hereby designated as City of Southlake Reinvestment Zone No. 2. The boundaries of this reinvestment zone shall be as described in Exhibit "A". This reinvestment zone shall expire five (5) years after the adoption of this ordinance unless it is renewed as provided by law. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 7C-5 Page 2 SECTION 4. LThis ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1999. Rick Stacy, MAYOR ATTEST: (we CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1999. Rick Stacy, MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney L 7C- 6 Page 3 L EXHIBIT A BOUNDARIES OF REINVESTMENT ZONE NO. 2 L 7C-- ?, Page 4 LAND DESCRIPTION L BEING a tract of land situated in the J. B. Martin Survey, Abstract 1134, the R. D. Price Survey, Abstract 1207 and the U. P. Martin Survey, Abstract No. 1015, Tarrant County, Texas, and being a portion of a tract of land as described in the Special Warranty Deed to International Business Machines Corporation as recorded in Volume 12782, Page 109 of the deed records of Tarrant County, Texas, and also being a portion of a tract of land as described in Special Warranty Deed to 300 Convent Street Corp. as recorded in Volume 12782, Page 110 of the Deed Records of Tarrant County said tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod set with"Huitt-Zollars" cap on the southerly platted right-of-way line of Parkway Boulevard (131 foot right-of-way), said iron rod being at the most southerly southwest corner of said MTP-IBM Addition No. 1; THENCE along the southerly right-of-way line of said Parkway Boulevard as follows: North 63 decrees 15 minutes 25 seconds East, a distance of 32.25 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap at the beginning of a curve to the right; Along said curve to the right with a central angle of 24 degrees 19 minutes 16 seconds, a radius of 1,419.50 feet, an arc distance of 602.55 feet a long chord that bears North 75 degrees 25 minutes 02 seconds East, a distance of 598.04 feet to a 5/8 inch iron rod set with"Huitt- Ce Zollars" cap; North 87 degrees 34 minutes 40 seconds East, a distance of 137.89 feet to a 5/8 inch iron rod set with"Huitt-Zollars"cap at the southeast corner of said MTP-IBM Addition No. 1; THENCE, along the easterly line of said MTP-IBM Addition No. 1,North 00 degrees 09 minutes 22 seconds West, a distance of 848.90 feet to the most easterly northeast corner of the MTP-IBM Addition No. 1 and being on the south line of a tract of land as described by deed to C.R. Revels as recorded in Volume 86, Page 557, Deed Records, Tarrant County, Texas; THENCE, along the southerly line of said C.R. Revels tract the following courses and distances; North 89 degrees 50 minutes 38 seconds East, a distance of 596.50 feet to a Corps of Engineers concrete monument found; North 89 degrees 33 minutes 04 seconds East, a distance of 1132.28 feet to a point for a corner; South 01 degrees 09 minutes 16 seconds East, a distance of 651.54 feet to a 3/4 inch iron rod found; North 89 degrees 56 minutes 04 seconds East, a distance of 333.16 feet to a 2 inch pipe found in the westerly right-of-way line of White Chapel Road (50 feet wide right-of-way); L 1:\Survey\2512\04\wp\DESCI50rov.doc 1 OF 6 • 4/22/99 REV.4/27/99 Tc-g THENCE, along the westerly right-of-way of White Chapel Road, South 02 degrees 11 minutes 25 seconds East, a distance of 85.06 feet to a point for a corner at the northeasterly corner of a tract of land as Ldescribed in Special Warranty Deed to the City of Southlake as executed on April 28, 1998; THENCE, South 89 degrees 56 minutes 04 seconds West, departing the westerly right-of-way line of said White Chapel Road and along the northerly line of said City of Southlake tract, a distance of 114.99 feet to the northwesterly corner of said City of Southlake tract; THENCE, South 00 degrees 03 minutes 56 seconds East, along the westerly line of said City of Southlake tract, a distance of 100.00 feet to the southwesterly corner of said tract; THENCE, South 06 degrees 07 minutes 22 seconds West, a distance of 263.21 feet to a point for corner; THENCE, South 02 degrees 25 minutes 42 seconds East, a distance of 160.37 feet to a point for a corner on the southerly top of bank of South Fork Kirkwood Branch; THENCE, generally along the southerly top of bank of said creek the following courses and distances: South 46 degrees 28 minutes 21 seconds East a distance of 81.99 feet; South 42 degrees 41 minutes 23 seconds West a distance of 92.21 feet; South 29 degrees 21 minutes 54 seconds West a distance of 106.36 feet; (61,' South 16 degrees 11 minutes 08 seconds West a distance of 148.69 feet; South 03 degrees 24 minutes 13 seconds West a distance of 168.53 feet; South 45 degrees 59 minutes 11 seconds West a distance of 74.72 feet; South 05 degrees 31 minutes 46 seconds West a distance of 52.64 feet; South 63 degrees 16 minutes 32 seconds East a distance of 53.47 feet; South 08 degrees 05 minutes 54 seconds West a distance of 38.62 feet; South 85 degrees 28 minutes 32 seconds West a distance of 48.87 feet; South 05 degrees 31 minutes 46 seconds West a distance of 196.76 feet; South 41 degrees 44 minutes 24 seconds West a distance of 43.62 feet; South 32 degrees 52 minutes 05 seconds East a distance of 91.58 feet; South 83 degrees 49 minutes 21 seconds East a distance of 36.19 feet; North 15 degrees 36 minutes 10 seconds East a distance of 58.44 feet; 1:\Survey\2512\04\wp\DESCI5orev.d« 2 OF 6 4/22/99 REV.4/27/99 South 73 degrees 59 minutes 03 seconds East a distance of 36.34 feet; South 18 degrees 26 minutes 43 seconds East a distance of 87.49 feet; . South 19 degrees 22 minutes 15 seconds West a distance of 40.53 feet; South 61 degrees 25 minutes 48 seconds West a distance of 99.80 feet; South 08 degrees 36 minutes 22 seconds East a distance of 198.28 feet; North 70 degrees 42 minutes 42 seconds East a distance of 47.08 feet; South 22 degrees 16 minutes 43 seconds East a distance of 12.87 feet; South 32 degrees 05 minutes 51 seconds West a distance of 60.69 feet; South 30 degrees 18 minutes 36 seconds East a distance of 27.12 feet; South 43 degrees 10 minutes 57 seconds West a distance of 48.11 feet; THENCE, departing said top of bank South 17 degrees 04 minutes 45 seconds East a distance of 85.86 feet to the southerly top of bank of said creek; THENCE, South 21 degrees 49 minutes 50 seconds East along the southerly top of bank a distance of 51.02 feet to the beginning of a non-tangent curve to the right having a radius of 1,572.00 feet; THENCE, departing the southerly top of bank and along said curve to the right through a central angle of 04 degrees 19 minutes 29 seconds, an arc distance of 118.66 feet and being subtended by a chord bearing South 38 degrees 45 minutes 42 seconds East a distance of 118.63 feet to a point for corner; THENCE, South 53 degrees 24 minutes 02 seconds West a distance of 50.00 feet to a point for corner; THENCE, South 35 degrees 06 minutes 11 seconds East a distance of 79.67 feet to the platted northwesterly line of Kirkwood Hollow Phase I, an addition to the City of Southlake, as recorded in Cabinet A, Slide 4537 of the Deed Records of Tarrant County, Texas, and being on the northeasterly right-of-way line of Kirkwood Boulevard; THENCE, South 56 degrees 24 minutes 01 seconds West continuing along the platted northwesterly line of said Kirkwood Hollow Phase I and an extension thereof a distance of 198.41 feet to point for corner in the centerline of South Fork Kirkwood Branch; THENCE, generally along the centerline of said branch the following courses and distances: South 17 degrees 28 minutes 39 seconds West a distance of 13.61 feet to a point for corner; South 40 degrees 25 minutes 34 seconds West a distance of 38.10 feet to a point for corner; (rikr South 26 degrees 58 minutes 38 seconds West a distance of 25.77 feet to a point for corner; I:lSurvey\2512\04\wp\DESC!$orev.doc 3 OF 6 • 4/22/99 REV.4/27/99 7-C- 1O South 02 degrees 00 minutes 59 seconds West a distance of 29.72 feet to a point for corner; South 69 degrees 47 minutes 31 seconds West a distance of 22.44 feet to a point for corner; South 84 degrees 36 minutes 18 seconds West a distance of 26.95 feet to a point for corner; South 53 degrees 15 minutes 40 seconds West a distance of 22.56 feet to a point for corner; South 25 degrees 06 minutes 35 seconds West a distance of 37.90 feet to a point for corner; South 07 degrees 01 minutes 26 seconds East a distance of 29.93 feet to a point for corner; South 00 degrees 53 minutes 14 seconds East a distance of 31.56 feet to a point for corner; South 19 degrees 28 minutes 57 seconds West a distance of 14.92 feet to a point for corner; South 59 degrees 39 minutes 56 seconds West a distance of 33.26 feet to a point for corner; North 65 degrees 23 minutes 25 seconds West a distance of 50.64 feet to a point for corner; South 76 degrees 18 minutes 39 seconds West a distance of 54.62 feet to a point for corner; North 39 degrees 23 minutes 55 seconds West a distance of 28.52 feet to a point for corner; North 80 degrees 25 minutes 36 seconds West a distance of 16.87 feet to a point for corner; North 76 degrees 53 minutes 30 seconds West a distance of 38.04 feet to a point for corner; North 43 degrees 26 minutes 30 seconds East a distance of 16.71 feet to a point for corner; North 62 degrees 48 minutes 05 seconds East a distance of 25.48 feet to a point for corner; North 03 degrees 15 minutes 56 seconds West a distance of 20.42 feet to a point for corner; North 47 degrees 33 minutes 51 seconds West a distance of 25.63 feet to a point for corner; North 57 degrees 28 minutes 08 seconds West a distance of 26.66 feet to a point for corner; South 70 degrees 01 minute 26 seconds West a distance of 18.54 feet to a point for corner; South 37 degrees 59 minutes 12 seconds West a distance of 30.91 feet to a point for corner; South 09 degrees 24 minutes 11 seconds West a distance of 8.82 feet to a point for corner; South 51 degrees 22 minutes 17 seconds West a distance of 41.55 feet to a point for corner; South 32 degrees 44 minutes 12 seconds West a distance of 23.43 feet to a point for corner; 1:%Siwey\25I2\04\wp\DESCI5Orcv.doc 4 OF 6 4/22/99 REV.4/27/99 • South 53 degrees 10 minutes 04 seconds West a distance of 44.67 feet to a point for corner; South 66 degrees 26 minutes 53 seconds West a distance of 31.90 feet to a point for corner; South 45 degrees 09 minutes 44 seconds East a distance of 17.42 feet to a point for corner; South 76 degrees 54 minutes 57 seconds East a distance of 36.92 feet to a point for corner; South 20 degrees 45 minutes 22 seconds West a distance of 40.45 feet to a point for corner; South 30 degrees 23 minutes 01 second West a distance of 72.88 feet to a point for corner; South 53 degrees 13 minutes 24 seconds West a distance of 99.78 feet to a point for corner; South 62 degrees 06 minutes 48 seconds West a distance of 87 11-feet to a point for corner; South 58 degrees 29 minutes 32 seconds West a distance of 51.51 feet to a point for corner; North 85 degrees 07 minutes 51 seconds West a distance of 53.55 feet to a point for corner; South 76 degrees 52 minutes 54 seconds West a distance of 38.97 feet to a point for corner; North 67 degrees 16 minutes 38 seconds West a distance of 56.75 feet to a point for corner; (hise u seconds South 55 degrees 38 minutes 19 ds West s o s a distance of 11.38 feet to a point for corner on the proposed easterly right-of-way line of State Highway No. 114; THENCE, along the proposed easterly right-of-way line of State Highway No. 114 as follows: North 36 degrees 32 minutes 05 seconds West a distance of 147.32 feet to a Texas Highway Department concrete monument, found; North 47 degrees 50 minutes 42 seconds West, a distance of 101.98 feet to a Texas Highway Department concrete monument, found; North 36 degrees 32 minutes 04 seconds West, a distance of 500.00 feet to a Texas Highway Department concrete monument, found; North 32 degrees 14 minutes 44 seconds West, a distance of 200.56 feet to a 5/8 inch iron rod set with"Huitt-Zollars" cap; North 36 degrees 32 minutes 05 seconds West, a distance of 199.81 feet to a Texas Highway Department concrete monument, found; North 42 degrees 14 minutes 23 seconds West, a distance of 201.18 feet to a Texas Highway Department concrete monument, found; • 1ASwveya2512\04\wp\DESCI5Orev.doc 5 OF 6 4/22/99 REV.4rz7/99 North 36 degrees 32 minutes 05 seconds West, a distance of 702.91 to a 5/8 inch iron rod set with "Huitt-Zollars"cap on the existing easterly right-of-way line of State Highway No. 114; LT HENCE, alongthe existingeasterlyright-of-way line of said highway as follows: North 18 degrees 59 minutes 38 seconds West, a distance of 112.97 feet to a 5/8 inch iron rod set with "Huitt-Zollars"cap; North 32 degrees 06 minutes 29 seconds West, a distance of 430.57 feet to a 5/8 inch iron rod set with"Huitt-Zollars"cap; North 29 degrees 36 minutes 27 seconds West, a distance of 232.63 feet to a 5/8 inch iron rod set with"Huitt-Zollars"cap at the beginning of a curve to the left; Along said curve to the left,with a central angle of 06 degrees 26 minutes 28 seconds, a radius of 1,452.40 feet, an arc distance of 163.28 feet, a long chord that bears North 32 degrees 49 minutes 41 seconds West, a distance of 163.19 feet to a 5/8 inch iron rod set with"Huitt- Zollars" cap at the beginning of a reverse curve to the right; Along said curve to the right, with a central angle of 99 degrees 18 minutes 20 seconds, a radius of 90.00 feet, an arc distance of 155.99 feet, a long chord that bears North 13 degrees 36 minutes 16 seconds East, a distance of 137.18 feet to the POINT OF BEGINNING and CONTAINING 150.716 acres of land, more or less. (Ihri Basis of bearings: A bearing of South 89 degrees 39 minutes 47 seconds East along the northerly right-of-way line of Dove Road according to the Special Warranty Deed to MTP-IBM Phase II an III Joint Venture as recorded in Volume 8995, Page 1268 of the Deed Records of Tarrant County, Texas. For Huitt-Zollars, Inc. \ _ 4_ 27 '11 Eric J. oudy Registered Professional Land Surveyor Texas Registration No. 4862 Huitt-Zollars, Inc. 3131 McKinney Avenue Dallas, Texas 75204 Date: April 7, 1999 Revised April 23, 1999 Revised April 27, 1999 L DSurvey\7312W4\wp\DESCISOrcv.doc 6 OF 6 • 422/99 REV.427/99 ?C- 13 1 1i oil (..., I •J ill rill Ilik irill a. i I 0 JO g %flirt c w i15 Q r t 3 i 0,0 ,wrd . ! / (We 4. i` / t .% U Nis g 8 ttkt O �< < ad of vZ ^ fi4 / t c r o % A. ID / :: / i�� / ii r' ii ' . L. I / E" \ / 0 fi c, le • :: ri3. 0 ‘i.., Li VI i; pg.; w‘ke II 11 \ pI *ilk\ 7C-111 City of Southlake,Texas MEMORANDUM (ire April 29, 1999 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Director of-Economic Development SUBJECT: Sabre Campus Headquarters Project Item 7C: Ordinance 744, 2nd Reading—Designating Reinvestment Zone #2 Item 9A Resolution 99-26-Adopting a Tax Abatement Policy Item 9B: Resolution 99-27-Approval of Chapter 380 Agreement Item 9C: Resolution 99-28 —Approval of Tax Abatement Agreements Action Requested: Approval of items noted above. Note that this memo is the same for all items noted above. A summary of all items is attached for reference. Background Information: There have been several months of good-faith negotiations related to this project, consummated in a presentation to City Council on April 27, 1999. Attached to this memo is a summary of changes made in the documents since that meeting. Financial Considerations: We have previously distributed and discussed a financial evaluation of the project. Note that we have attached revised financial spreadsheets to Item 9C, the Tax Abatement Agreement. There was one change (to our benefit) which is now shown for years 2012-2018. We had not reflected the benefit of the 10% that will not be abated during the 10-year program. Citizen Input/ Board Review: None required. Legal Review: The city attorneys have been significantly involved in reviewing and modifying the documents as enclosed. Alternatives: Approval, modified approval, denial. Supporting Documents: Attached is the specific document for this agenda item as referenced above. City Council Actions: The City Council approved the first reading of Ordinance 744 (7-0) on April 27, 1999. Staff Recommendation: Consider all actions desired and approve if found appropriate. L cm-I Curtis E. Hawk April 29, 1999 Pc Approved for Submittal to City Council: - City s O ce L L The following summarizes changes in the documents since Council review on April 27, 1999. L.4 7C: Ordinance 744,2°d Reading—Designating Reinvestment Zone#2 • Page Section Change Exhibit A The legal description changed slightly to 150.716 acres from 150.621 acres. Item 9A: Resolution 99-26—Adopting a Tax Abatement Policy Page Section Change 1 3.B The second paragraph added some language per Councilmember Edmondson's request. Item 9B: Resolution 99-27—Approval of Chapter 380 Agreement Page Section Change 3 5 (a) The accounting firm Ernst&Young was inserted in the first sentence. 4 6 (d) (i) Eliminated the phrase "(including installation of meters)" from the end of the second sentence and"...but in no event later than ." from the last sentence. 4 6 (f) Was reworded as shown to clarify intent of fees in fee schedule. 4 6 (g) This paragraph from the prior draft related to impact fees was deleted. Exhibit A The legal description changed slightly to 150.716 acres from 150.621 acres. 9C: Resolution 99-28—Approval of Tax Abatement Agreements Page Section Change 1 Preamble An additional owner "Maguire Partners-Westlake Partnership, A Texas limited partnership" (Owner B) has been shown. This is an entity that currently exists and is the owner of one Solana land parcel which is being sold. It is the desire of Maguire Partners to utilize the Owner B entity to acquire title and transfer to Sabre rather than having the property intermingled with other properties owned by the Owner A entity. 4 III A. Reworded to clarify the land would be abated on a per premises basis. 5 III F. New section addressing the expiration of the tax abatement and the return to full value. Exhibit A The revised abatement policy was inserted. Exhibit C The legal description changed slightly to 150.716 acres from 150.621 acres. Note: The packet includes the template for all seven agreements. The signed documents will be separate agreements referencing separate premises with all associated materials attached. L q14-3 City of Southlake, Texas Tax Abatement Policy May 4, 1999 Section I. General Purpose and Objectives A. The City of Southlake, Texas, is committed to the promotion and retention of high quality development in all parts of the City; and to an on-going improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Southlake will, on a case-by-case basis, give consideration to providing tax abatements as stimulation for economic development in Southlake. It is the policy of the City of Southlake that said consideration will be provided in accordance with the criteria outlined in this document. Nothing herein shall imply or suggest that the City of Southlake is under any obligation to provide tax abatement to any applicant. All applicants shall by considered on a case-by-case basis. Section II. Applicability A. This tax abatement policy establishes guidelines and criteria for tax abatement programs and agreements under the provisions of Chapter 312 of the Texas Tax Code. Section III. Abatement Criteria A. Any consideration for a tax abatement shall be reviewed by the City of Southlake City Council. The review process will examine the "value added" terms of the project. Considerations by the City Council shall be for new construction, whether it is a new facility or an expansion of an existing building. B. Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community, as well as the relative impact of the project, including costs to the City for providing services, impact on the environment and the local housing market, and required infrastructure. C. Value and Term of Abatement. Abatement shall be granted effective with the execution of the agreement. The amount of the abatement will be determined based on the merits of the project, including, but not limited to, total capital investment, added employment, and average annual salary. Abatement will be granted for a maximum of ten years. Abatement may be granted only for the additional value of eligible property improvements made subsequent to and listed in a tax abatement agreement. 1.) For new businesses, the project must be reasonably expected to produce a minimum added value of Ten Million Dollars ($10,000,000) in real and personal property improvements within the City of Southlake, and create a minimum of 1,000 full-time jobs, with an average annual salary of$50,000. Draft Date: April 30, 1999 1 94 -y 2.) For expansion or modernization of existing businesses, the project must be reasonably expected to produce a minimum added value of Five Million Dollars ($5,000,000) in real and personal property improvements within the City of Southlake, and create a minimum of 500 new full time jobs with an average annual salary of$50,000. D. Consideration will also be given for direct sales tax that is generated by the applicant. Section IV. Recapture A. If the terms of the tax abatement agreement are not met, the City Council has the right to cancel or amend the abatement agreement. In the event of cancellation, the recapture of abated taxes shall be limited to the year(s) in which the default occurred or continued. Section V. Inspection and Financial Verification A. The terms of the agreement shall include the City of Southlake's right to (1) review and verify the applicant's financial statements in each year during the life of the agreement prior to granting a tax abatement in any given year, and (2) conduct an on-site inspection of the project in each year during the life of the abatement to verify compliance with the terms of the tax abatement agreement. Le., Section VI. Evaluation A. Upon completion of the construction of the facilities, the City shall no less than annually evaluate each project receiving abatement to insure compliance with the terms of the agreement. Any incidents of non-compliance will be reported to all affected taxing units. Section VII. Severability and Limitation A. In the event that any section, clause, sentence, paragraph or any part of this Tax Abatement Policy shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such invalidity shall not affect, impair, or invalidate the remainder of the guidelines and criteria in this Tax Abatement Policy. Section VIII. Expiration and Modification A. This Tax Abatement Policy is effective upon the date of its adoption and will remain in force for two years, at which time all reinvestment zones and tax abatement contracts created pursuant to its provisions will be reviewed by the City Council to determine whether the goals of the abatement program have been achieved. Based upon that review, the Tax Abatement Policy may be modified, renewed or eliminated. L Draft Date: April 30. 1999 2 B. Prior to the date for review, as defined above, the Tax Abatement Policy may be modified by a three fourths vote of the City Council, as provided for in Chapter 312 of the Texas Tax Code. L L Draft Date: April 30, 1999 3 City of Southlake, Texas MEMORANDUM • April 29, 1999 • TO: Curtis E. Hawk, City Manager FROM: Greg Last, Director of Economic Development SUBJECT: Sabre Campus Headquarters Project Item 7C: Ordinance 744, 2' Reading—Designating Reinvestment Zone #2 Item 9A: Resolution 99-26—Adopting a Tax Abatement Policy Item 9B:Resolution 99-27—Approval of Chapter 380 Agreement Item 9C: Resolution 99-28 —Approval of Tax Abatement Agreements Action Requested: Approval of items noted above. Note that this memo is the same for all items noted above. A summary of all items is attached for reference. Background . Information: There have been several months of good-faith negotiations related to this project, consummated in a presentation to City Council on April 27, 1999. Attached to this memo is a summary of changes made in the documents since that meeting. Financial Considerations: We have previously distributed and discussed a financial evaluation of the project. Note that we have attached revised financial spreadsheets to Item 9C, the Tax Abatement Agreement. There was one change (to our benefit) which is now shown for years 2012-2018. We had not reflected the benefit of the 10% that will not be abated during the 10-year program. Citizen Input/ Board Review: None required. Legal Review: The city attorneys have been significantly involved in reviewing and modifying the documents as enclosed. Alternatives: Approval, modified approval, denial. Supporting Documents: Attached is the specific document for this agenda item as referenced above. City Council Actions: The City Council approved the first reading of Ordinance 744 (7-0) on April 27, 1999. Staff Recommendation: Consider all actions desired and approve if found appropriate. Lair' • Curtis E. Hawk April 29, 1999 (10; 2 Approved for Submittal to City Council: City��'a: s Of' ce L L gIv-z • The following summarizes changes in the documents since Council review on April 27, 1999. tlimen 7C: Ordinance 744, 2°d Reading—Designating Reinvestment Zone#2 • Page Section Change Exhibit A The legal description changed slightly to 150.716 acres from 150.621 acres. Item 9A: Resolution 99-26—Adopting a Tax Abatement Policy Page Section Change 1 3.B The second paragraph added some language per Councilmember Edmondson's request. Item 9B: Resolution 99-27—Approval of Chapter 380 Agreement Page Section Change 3 5 (a) The accounting firm Ernst&Young was inserted in the first sentence. 4 6(d)(i) Eliminated the phrase "(including installation of meters)" from the end of the second sentence and"...but in no event later than ." from the last sentence. 4 6 (f) Was reworded as shown to clarify intent of fees in fee schedule. 4 6 (g) This paragraph from the prior draft related to impact fees was deleted. Exhibit A The legal description changed slightly to 150.716 acres from 150.621 acres. Ilitm 9C: Resolution 99-28—Approval of Tax Abatement Agreements PP g Page Section Change 1 Preamble An additional owner "Maguire Partners-Westlake Partnership, A Texas limited partnership" (Owner B) has been shown. This is an entity that currently exists and is the owner of one Solana land parcel which is being sold. It is the desire of Maguire Partners to utilize the Owner B entity to acquire title and transfer to Sabre rather than having the property intermingled with other properties owned by the Owner A entity. 4 III A. Reworded to clarify the land would be abated on a per premises basis. 5 III F. New section addressing the expiration of the tax abatement and the return to full value. Exhibit A The revised abatement policy was inserted. Exhibit C The legal description changed slightly to 150.716 acres from 150.621 acres. Note: The packet includes the template for all seven agreements. The signed documents will be separate agreements referencing separate premises with all associated materials attached. L /6- 5 Low EXECUTION COPY ECONOMIC DEVELOPMENT PROGRAM AGREEMENT This Economic Development Program Agreement ("Agreement") is made and entered into by and between the City of Southlake, Texas (the "City"), and The SABRE Group, Inc., a Delaware corporation(the"Company"). WITNESSETH: WHEREAS, on May 4, 1999, the City adopted Resolution No. 99-27 establishing an Economic Development Program pursuant to Section 380.001 of the Texas Local Government Code ("Section 380.001") and authorizing this Agreement as part of the Economic Development Program established by City Council Resolution(the"Program"); WHEREAS, the Company desires to participate in the Program by entering into this Agreement; NOW, THEREFORE, in consideration of the mutual benefits and premises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is L, hereby acknowledged,the parties agree as follows: 1. Authorization. The City has concluded that this Agreement is authorized by Section 380.001, and is authorized by Resolution of the City. 2. Definitions. The following definitions shall apply to the terms used in this Agreement: "Area Sales Tax Due Date" means, with respect to each Subject Quarter, the latest of (i) 60 days after the end of the Subject Quarter, or (ii)ten days after the City receives the Sales Tax Schedule for the Subject Quarter, or(iii) 30 days after the City receives (or is credited with) the relevant sales tax revenue from the Texas Comptroller. "Area Construction Sales Tax Revenues" means the gross revenues of the City from the sales and use taxes imposed by the City as a result of Construction Sales (irrespective of whether the Company is the purchaser). For this purpose, "gross revenues of the City" shall include all sales and use taxes imposed by the City under Chapter 321 of the Texas Tax Code, but not including sales and use taxes imposed for the benefit of (a) Southlake Parks Development Corporation under Section 4B, article 5190.6 of the Texas Revised Civil Statutes, or (b)the Southlake Crime Control and Prevention District created under Chapter 363 of the Texas Local Government Code(the"Crime Control and Prevention District Act"). L 1 9a-� 011907.00005:0425951.07 "Company Affiliate" means any Person directly or indirectly controlling, controlled by, or under common control with the Company. As used in the definition of"Affiliate," the term "control" means the possession, directly or indirectly, the power to direct or cause the direction of the management and policies of a Person, whether through ownership of voting securities, by contract or otherwise. "Complaining Party"has the meaning set forth in Section 7 of this Agreement. "Construction Sales" means any Sale relating to the construction of any improvement located, or to be located, on the Global Premises. "Defaulting Party"has the meaning set forth in Section 7 of this Agreement. "Global Premises" means that certain tract of real property located in Tarrant County, Texas, consisting of approximately 150 acres, more or less, as more particularly described on Exhibit A hereto. "Person" means an individual or a corporation, partnership, trust, estate, unincorporated organization, association,or other entity. "Program"has the meaning set forth in the recitals to this Agreement. "Retailer" means (a)the Company and any Company Affiliate, and (b)any "retailer" within the meaning of Section 151.008 of the Texas Tax Code, as amended. "Sale"has the meaning set forth in Section 151.005 of the Texas Tax Code, as amended. "Sales Tax Rebate"has the meaning set forth in Section 4(b) of this Agreement. "Sales Tax Schedule"has the meaning set forth in Section 4(a) of this Agreement. "Section 380.001"has the meaning set forth in the recitals to this Agreement. "Subject Quarter"has the meaning set forth in Section 4(a) of this Agreement. "Term"has the meaning set forth in Section 3 of this Agreement. 3. Term.. This Agreement shall be effective as of June 1, 1999, and shall remain in full force and effect until December 31,2009 (the"Term"). 4. Sales Tax Rebates. (a) Within thirty (30) days after the end of each calendar quarter during the Term (a "Subject Quarter"), the Company shall submit to the City a schedule detailing the Area 2 011907.00005:0425951.07 R�-s • Construction Sales Tax Revenues from Sales occurring during the Subject Quarter (each, a "Sales Tax Schedule"). As backup for each Sales Tax Schedule, the Company shall submit the following: (i) A copy of those sales tax reports (including all direct payment and self- assessment returns),including amended reports and returns, filed by each Retailer for the Subject Quarter which are supportive in demonstrating the Area Construction Sales Tax Revenues for the Subject Quarter (or, if such reports or returns do not show the Area Sales Tax Revenues, a separate report shall be prepared showing the Area Construction Sales Tax Revenues); (ii) Such other data as the parties mutually agree is appropriate to support documentation of Area Construction Sales Tax Revenues. (b) On or before the Area Sales Tax Due Date for a Subject Quarter, the City shall pay fifty percent (50%) of the aggregate amount of Area Construction Sales Tax Revenues for the Subject Quarter to the Company(each such payment, a"Sales Tax Rebate"). 5. Verification. (a) If requested by the City within 30 days after a calendar year, Ernst & Young or such other Big 5 independent accounting firm which is mutually agreeable to the City and the Company (the "Auditor") shall audit the calculations of Area Construction Sales Tax Revenues for the calendar year, and shall determine whether the Company has properly calculated the Area Construction Sales Tax for such year. (b) If the Auditor determines that Area Construction Sales Tax Revenues Tax for the year have been understated, then the City shall pay to the Company the appropriate amount based on the Auditor's conclusion. If the Auditor determines that Area Construction Sales Tax Revenues for the year have been overstated, then the Company shall promptly pay to the City such amount. (c) All determinations by the Auditor shall be final, nonappealable and conclusive. 6. Development Incentives. (a) Abandonment of T.W. King Boulevard. The City shall cause to be abandoned that portion of T.W. King Road generally located adjacent to the eastern edge of Lot 1, Block B, MTP-IBM ADDITION NO. 1 and adjacent to the western edge of PUD-8 (MIXED USE) (Ord. 480-179). Such abandonment shall be to the adjacent landowners without cost or expense to such landowners, and shall be subject to the rights, if any, of utilities located within such abandoned area. (b) Abandonment of Kirkwood Boulevard. The City shall cause to be abandoned that portion of Kirkwood Boulevard north and east of SH 114. Such abandonment shall be to the adjacent landowners without cost or expense to such landowners, and shall be subject to the rights, if any,of utilities located within such abandoned area. 3 011907.00005:0425951.07 A 1416., (c) Two-Lane Frontage Road. The City will support and use all reasonable efforts to cause the SH 114 frontage road (between "old" T.W. King Road and the Kirkwood/SH 114 interchange) to be modified to provide two-way access; such efforts to include a request to the Texas Department of Transportation for such modification. (d) Utility Infrastructure Construction. (i) Water and Sewer Service: The City shall cause to be constructed to the edge of the Global Premises water and sewer service sufficient to provide full build-out of the Global Premises. The City shall be responsible for all costs and expenses of providing such service capabilities. The City agrees to provide the services to the edge of the Global Premises in a timely manner coordinated with the anticipated need of the Company. (ii) Distribution Water Line: The City agrees to construct the necessary 12 inch distribution water line through the Global Premises in an alignment proposed by the Company, currently anticipated to be along the projected Kirkwood road extension. All fees (administration and inspection)related to this water line shall be waived by the City. (iii) Existing Water Line Abandonment: The City will cause to be abandoned (kr, (in place) the existing water line (including all easement rights) that services the Company's existing building and that bisects the Global Premises. Such abandonment shall be at no cost or expense to the Company. The City represents to the Company that funds to pay the costs and expenses of the utility infrastructure construction described in this Section 6(d) are available from current City funds. (e) Rezoning. The City shall work diligently with Company in its application to rezone the Global Premises (and, if requested by Company, Company's existing building) to accommodate Company's intended use of the Global Premises. It is understood that all fees and expenses associated with such rezoning shall be paid by a Maguire Partners entity. The City acknowledges the importance to Company of completing the rezoning by June 15, 1999, and to that end will expedite, to the maximum extent possible, all City actions necessary to accomplish such rezoning, dependent on the timely preparation and submittal of all required documents by the Company. (f) .Public Works Administration and Inspection Fees. The City hereby represents to the Company that Subsections 1 and 3 of Section III (Public Works Activities) of the City Fee Schedule pertain only to the public works components of projects, e.g., water, sewer and streets, and are based on public works costs and not costs of non-public works improvements. (g) Development Permitting Acceleration. The City shall allocate to the project (i)building plan review staff to facilitate the accelerated review of submitted construction plans; (ii)building inspectors to facilitate access and timeliness of inspections during construction at the Global Premises; and(iii)public works inspectors to facilitate access and timeliness of public 4 011907.00005:0425951.07 (kime works inspections during the construction/inspection of the water line installation. The Company shall require its contractor to provide an adequate on-site construction office/trailer for use by City staff. 7. Default. If either party should default (the "Defaulting Party") with respect to any of its obligations hereunder and should fail, within sixty (60) days after delivery of written notice of such default from the other party (the "Complaining Party") to cure such default (provided that such 60-day cure period shall be extended to one hundred eighty (180) days if the default is not curable within such 60-day period after good faith efforts to cure the default by the Defaulting Party), the Complaining Party, by action or proceeding at law or in equity, may be awarded its damages for such default. Notwithstanding anything to the contrary contained herein, any Sales Tax Rebates from the City which are not timely paid by the City shall incur interest at the lesser of(a) fifteen percent (15%) per annum, or (b)the highest rate per annum allowed by applicable law from the date such Sales Tax Rebate is due until paid; provided, however, that no interest shall be due on amounts disputed by the City if the City notifies the Company in writing of the dispute prior to the Area Sales Tax Due Date with respect to such amounts until such dispute is resolved. 8. Mutual Assistance. The City and the Company shall take all reasonable measures which are necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out such terms and provisions. The Company hereby consents to and agrees to cooperate in any reasonable request by the City to obtain copies of sales/use tax returns from the State which contains information pertinent to the calculation of Area Construction Sales Tax Revenues. To the extent the Company requests reasonable amendments to the Tax Abatement Agreements by and among the City, the Company and Maguire Partners Solana Limited Partnership relating to property located in the Global Premises to address changes in the location of improvements thereon and the boundaries of property subject to each such agreement, the City shall cooperate with the Company in that regard. 9. Representations and Warranties. The City represents and warrants to the Company that the Program and this Agreement are within the scope of its authority and the provisions of its charter and that it is duly authorized and empowered to establish the Program and enter into this Agreement. The Company represents and warrants to the City that it has the requisite authority to enter into this Agreement. 10. Company Covenants. In consideration of the City's agreements under this Agreement (including the payment of monies to the Company), the Company agrees to maintain during the Term any buildings occupied by it on the Global Premises primarily as a corporate campus or part of a corporate campus. 5 011907.00005:0425951.07 94-� • kirr? 11. Section or Other Headings. Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 12. Attorneys Fees. In the event any legal action or proceeding is commenced to enforce or interpret provisions of this Agreement, the prevailing party in any such legal action shall be entitled to recover its reasonable attorneys' fees and expenses incurred by reason of such action. 13. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the transactions contemplated herein. 14. Amendment. This Agreement may only be amended, altered, or revoked by written instrument signed by the Company and the City. kiie, 15. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the parties, their respective successors and assigns. The Company may assign all or part of its rights and obligations hereunder(a)to any Affiliate without the approval of the City, (b) to any Person which leases all or a portion of the Global Premises to the Company and/or any Affiliate of the Company without the approval of the City, and (c) to any Person other than an Affiliate with the prior written approval of the City,which approval shall not be unreasonably withheld or delayed. 16. Notice. Any notice and/or statement required and permitted to be delivered shall be deemed delivered by depositing same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses, or at such other addresses provided by the parties in writing; Company: The SABRE Group, Inc. 4255 Amon Carter Blvd. Fort Worth, Texas 76155 Attention: General Counsel L 6 6/6 '� 011907.00005:0425951.07 • With a copy to: Hughes & Luce, L.L.P. 1717 Main Street, Suite 2800 Dallas,Texas 75201 Attention: Jeff W. Dorrill City: Mayor City of Southlake City Hall 667 North Carroll Avenue Southlake, Texas 76092 With a copy to: Taylor, Olson, Adkins, Sralla&Elam, L.L.P. 500 Throckmorton Street 3400 Bank One Tower Fort Worth, Texas 76102-3821 Attention: Wayne K. Olson 17. Interpretation. Regardless of the actual drafter of this Agreement, this Agreement shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for or against any party. (111ar 18. Applicable Law. This Agreement is made, and shall be construed and interpreted under the laws of the State of Texas and venue shall lie in Tarrant County, Texas. 19. Severability. In the event any provision of this Agreement is illegal, invalid, or unenforceable under present or future laws, then, and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision that is found to be illegal, invalid, or unenforceable a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 20. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original,but all of which shall constitute one instrument. L 7 18 /� 011907.00005:0425951.07 4turv. THE CITY OF SOUTHLAKE By: Rick Stacy,Mayor ATTEST: CITY SECRETARY THE SABRE GROUP, INC., a Delaware corporation By: Name: Title: Le APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Date: 8 go-II 011907.00005:0425951.07 (16., THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Rick Stacy, Mayor of the CITY OF SOUTHLAKE, a municipal corporation, known to me to be the person acknowledged to me that the same was the act of the said CITY OF SOUTHLAKE, TEXAS, a municipal corporation,that he was duly authorized to perform the same by appropriate resolution of the City Council of the City of Southlake and that he executed the same as the act of the said City for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of May, 1999. Notary Public in and for the State of Texas Notary's Printed Name THE STATE OF TEXAS § (taw COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared of The SABRE Group, Inc., a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said entities. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of May, 1999. Notary Public in and for • the State of Texas Notary's Printed Name L 9 -1.2 011907.00005:0425951.07 (*Noe EXHIBIT A TO ECONOMIC DEVELOPMENT AGREEMENT Description of Global Premises (kir, Exhibit A 011907.00005:0425951.07 LAND DESCRIPTION (01., BEING a tract of land situated in the J. B. Martin Survey, Abstract 1134,the R. D. Price Survey, Abstract 1207 and the U. P. Martin Survey, Abstract No. 1015, Tarrant County,Texas, and being a portion of a tract of land as described in the Special Warranty Deed to International Business Machines Corporation as recorded in Volume 12782, Page 109 of the deed records of Tarrant County, Texas, and also being a portion of a tract of land as described in Special Warranty Deed to 300 Convent Street Corp. as recorded in Volume 12782,Page 110 of the Deed Records of Tarrant County said tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod set with"Huitt-Zollars"cap on the southerly platted right-of-way line of Parkway Boulevard(131 foot right-of-way), said iron rod being at the most southerly southwest corner of said MTP-IBM Addition No. 1; THENCE along the southerly right-of-way line of said Parkway Boulevard as follows: North 63 degrees 15 minutes 25 seconds East, a distance of 32.25 feet to a 5/8 inch iron rod set with"Huitt-Zollars"cap at the beginning of a curve to the right; Along said curve to the right with a central angle of 24 degrees 19 minutes 16 seconds,a radius of 1,419.50 feet, an arc distance of 602.55 feet a long chord that bears North 75 degrees 25 minutes 02 seconds East, a distance of 598.04 feet to a 5/8 inch iron rod set with"Huitt- Zollars"cap; North 87 degrees 34 minutes 40 seconds East, a distance of 137.89 feet to a 5/8 inch iron rod set with"Huitt-Zollars" cap at the southeast corner of said MTP-IBM Addition No. 1; THENCE, along the easterly line of said MTP-IBM Addition No. 1,North 00 degrees 09 minutes 22 seconds West, a distance of 848.90 feet to the most easterly northeast corner of the MTP-IBM Addition No. 1 and being on the south line of a tract of land as described by deed to C.R. Revels as recorded in Volume 86, Page 557, Deed Records,Tarrant County, Texas; THENCE, along the southerly line of said C.R.Revels tract the following courses and distances; North 89 degrees 50 minutes 38 seconds East,a distance of 596.50 feet to a Corps of Engineers concrete monument found; North 89 degrees 33 minutes 04 seconds East,a distance of 1132.28 feet to a point for a corner; South 01 degrees 09 minutes 16 seconds East, a distance of 651.54 feet to a 3/4 inch iron rod found; North 89 degrees 56 minutes 04 seconds East,a distance of 333.16 feet to a 2 inch pipe found in the westerly right-of-way line of White Chapel Road (50 feet wide right-of-way); L i:Ss zsisa\.p\DEscisom.doo 1 OF 6 • 422/99 REV.IrS7/99 (y n —/t South 73 degrees 59 minutes 03 seconds East a distance of 36.34 feet; ihisr South 18 degrees 26 minutes 43 seconds East a distance of 87.49 feet; South 19 degrees 22 minutes 15 seconds West a distance of 40.53 feet; - South 61 degrees 25 minutes 48 seconds West a distance of 99.80 feet; South 08 degrees 36 minutes 22 seconds East a distance of 198.28 feet; North 70 degrees 42 minutes 42 seconds East a distance of 47.08 feet; South 22 degrees 16 minutes 43 seconds East a distance of 12.87 feet; South 32 degrees 05 minutes 51 seconds West a distance of 60.69 feet; South 30 degrees 18 minutes 36 seconds East a distance of 27.12 feet; South 43 degrees 10 minutes 57 seconds West a distance of 48.11 feet; THENCE, departing said top of bank South 17 degrees 04 minutes 45 seconds East a distance of 85.86 feet to the southerly top of bank of said creek; THENCE, South 21 degrees 49 minutes 50 seconds East along the southerly top of bank a distance of thbv, 51.02 feet to the beginning of a non-tangent curve to the right having a radius of 1,572.00 feet; THENCE, departing the southerly top of bank and along said curve to the right through a central angle of 04 degrees 19 minutes 29 seconds, an arc distance of 118.66 feet and being subtended by a chord bearing South 38 degrees 45 minutes 42 seconds East a distance of 118.63 feet to a point for corner; THENCE, South 53 degrees 24 minutes 02 seconds West a distance of 50.00 feet to a point for corner; THENCE, South 35 degrees 06 minutes 11 seconds East a distance of 79.67 feet to the platted northwesterly line of Kirkwood Hollow Phase I, an addition to the City of Southlake,as recorded in Cabinet A, Slide 4537 of the Deed Records of Tarrant County,Texas,and being on the northeasterly right-of-way line of Kirkwood Boulevard; THENCE, South 56 degrees 24 minutes 01 seconds West continuing along the platted northwesterly line of said Kirkwood Hollow Phase I and an extension thereof a distance of 198.41 feet to point for corner in the cbnterline of South Fork Kirkwood Branch; THENCE, generally along the centerline of said branch the following courses and distances: South 17 degrees 28 minutes 39 seconds West a distance of 13.61 feet to a point for corner, South 40 degrees 25 minutes 34 seconds West a distance of 38.10 feet to a point for corner; South 26 degrees 58 minutes 38 seconds West a distance of 25.77 feet to a point for corner; J iSorvey‘2312104wp,DESclsoiev.doo . 3 OF 6 • 4/22/99 REV.427/99 16 4(0 • South 02 degrees 00 minutes 59 seconds West a distance of 29.72 feet to a point for corner, Lipe . South 69 degrees 47 minutes 31 seconds West a distance of 22.44 feet to a point for corner; South 84 degrees 36 minutes 18 seconds West a distance of 26.95 feet to a point for corner; South 53 degrees 15 minutes 40 seconds West a distance of 22.56 feet to a point for corner; South 25 degrees 06 minutes 35 seconds West a distance of 37.90 feet to a point for corner; South 07 degrees 01 minutes 26 seconds East a distance of 29.93 feet to a point for corner; South 00 degrees 53 minutes 14 seconds East a distance of 31.56 feet to a point for corner; South 19 degrees 28 minutes 57 seconds West a distance of 14.92 feet to a point for corner, South 59 degrees 39 minutes 56 seconds West a distance of 33.26 feet to a point for corner; North 65 degrees 23 minutes 25 seconds West a distance of 50.64 feet to a point for corner; South 76 degrees 18 minutes 39 seconds West a distance of 54.62 feet to a point for corner, (irse North 39 degrees 23 minutes 55 seconds West a distance of 28.52 feet to a point for corner, North 80 degrees 25 minutes 36 seconds West a distance of 16.87 feet to a point for corner; North 76 degrees 53 minutes 30 seconds West a distance of 38.04 feet to a point for corner, North 43 degrees 26 minutes 30 seconds East a distance of 16.71 feet to a point for corner; North 62 degrees 48 minutes 05 seconds East a distance of 25.48 feet to a point for corner; North 03 degrees 15 minutes 56 seconds West a distance of 20.42 feet to a point for corner, North 47 degrees 33 minutes 51 seconds West a distance of 25.63 feet to a point for corner, North 57 degrees 28 minutes 08 seconds West a distance of 26.66 feet to a point for corner, South 70 degrees 01 minute 26 seconds West a distance of 18.54 feet to a point for corner, South 37 degrees 59 minutes 12 seconds West a distance of 30.91 feet to a point for corner; South 09 degrees 24 minutes 11 seconds West a distance of 8.82 feet to a point for corner, South 51 degrees 22 minutes 17 seconds West a distance of 41.55 feet to a point for corner, ' tes 12 seconds West a distance of 23.43 feet to a point for corner; South 32 degrees 44 minutes bsurvey‘zsimn./Anescisarev.aa 4 OF 6 • 4/22/99 Bev.427199 -/ T . South 53 degrees 10 minutes 04 seconds West a distance of 44.67 feet to a point for corner; South 66 degrees 26 minutes 53 seconds West a distance of 31.90 feet to a point for corner; South 45 degrees 09 minutes 44 seconds East a distance of 17.42 feet to a point for corner; South 76 degrees 54 minutes 57 seconds East a distance of 36.92 feet to a point for corner; South 20 degrees 45 minutes 22 seconds West a distance of 40.45 feet to a point for corner; South 30 degrees 23 minutes 01 second West a distance of 72.88 feet to a point for corner, South 53 degrees 13 minutes 24 seconds West a distance of 99.78 feet to a point for corner; South 62 degrees 06 minutes 48 seconds West a distance of 87.11 feet to a point for corner, South 58 degrees 29 minutes 32 seconds West a distance of 51.51 feet to a point for corner; North 85 degrees 07 minutes 51 seconds West a distance of 53.55 feet to a point for corner; South 76 degrees 52 minutes 54 seconds West a distance of 38.97 feet to a point for corner; Lie North 67 degrees 16 minutes 38 seconds West a distance of 56.75 feet to a point for corner; South 55 degrees 38 minutes 19 seconds West a distance of 11.38 feet to a point for corner on the proposed easterly right-of-way line of State Highway No. 114; THENCE,along the proposed easterly right-of-way line of State Highway No. 114 as follows: North 36 degrees 32 minutes 05 seconds West a distance of 147.32 feet to a Texas Highway Department concrete monument, found; North 47 degrees 50 minutes 42 seconds West, a distance of 101.98 feet to a.Texas Highway Department concrete monument,found; North 36 degrees 32 minutes 04 seconds West, a distance of 500.00 feet to a Texas Highway Department concrete monument,found; North 32'degrees 14 minutes 44 seconds West,a distance of 200.56 feet to a 5/8 inch iron rod set with"Huitt-Zollars"cap; North 36 degrees 32 minutes 05 seconds West, a distance of 199.81 feet to a Texas Highway Department concrete monument,found; North 42 degrees 14 minutes 23 seconds West,a distance of 201.18 feet to a Texas-Highway Department concrete monument,found; 1:NSmvey\25I2 O4 rpwESCI5 ev.ax 5 OF 6 Y2?N9 REV.427/99 { f J-I 8 • North 36 degrees 32 minutes 05 seconds West, a distance of 702.91 to a 5/8 inch iron rod set with"Huitt-Zollars"cap on the existing easterly right-of-way line of State Highway No. 114; 469' THENCE, along the existing easterly right-of-way line of said highway as follows: North 18 degrees 59 minutes 38 seconds West, a distance of 112.97 feet to a 5/8 inch iron rod set with"Huitt-Zollars"cap; North 32 degrees 06 minutes 29 seconds West, a distance of 430.57 feet to a 5/8 inch iron rod set with"Huitt-Zollars"cap; North 29 degrees 36 minutes 27 seconds West,a distance of 232.63 feet to a 5/8 inch iron rod set with "Huitt-Zollars"cap at the beginning of a curve to the left; Along said curve to the left,with a central angle of 06 degrees 26 minutes 28 seconds,.a radius of 1,452.40 feet, an arc distance of 163.28 feet,a long chord that bears North 32 degrees 49 minutes 41 seconds West,a distance of 163.19 feet to a 5/8 inch iron rod set with"Huitt- Zollars"cap at the beginning of a reverse curve to the right; Along said curve to the right,with a central angle of 99 degrees 18 minutes 20 seconds, a radius of 90.00 feet,an arc distance of 155.99 feet, a long chord that bears North 13 degrees 36 minutes 16 seconds East,a distance of 137.18 feet to the POINT OF BEGINNING and CONTAINING 150.716 acres of land,more or less. 441`1" Basis of bearings: A bearing of South 89 degrees 39 minutes 47 seconds East along the northerly right-of-way line of Dove Road according to the Special Warranty Deed to MTP-IBM Phase II an III Joint Venture as recorded in Volume 8995, Page 1268 of the Deed Records of Tarrant County, Texas. For Huitt-Zollars,Inc. 4- 27. 1 Eric J. oudy Registered Professional Land Surveyor Texas Registration No.4862 Huitt-Zollars,Inc. 3131 McKinney Avenue Dallas,Texas 75204 Date: April 7, 1999 Revised April 23, 1999 Revised April 27, 1999 L ASwey‘2312W4\vialESCISOrevdoe 6 OF 6 ' v REV.4/2'7/99 9 Q-19 . , . _ - idoi (....‘ . '!' - 54, t. ,... ..-; ii - g p i 0, Rit ...... „ gilhap, .0. 1 $ . .A < i _�i5 _ -till! 0 / i L: il i li < W AtdOfi Q i 1 ge i . ! IP iri 'ego L "r S. O a IA •g 0 sit- r_ ib i ' v. .y— A. b / to / .! ... —. 1 .. ...—..�_.�,. Ili IIIN if it i \ !I III I \ 11; q '-; is ii I NIF 1 i 1:: i \ka \ t ' tt �L. ; II qa-.2o EXECUTION COPY STATE OF TEXAS § § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: TAX ABATEMENT AGREEMENT A Effective as of the latest execution date shown immediately prior to the signatures to this Agreement, the City of Southlake, Texas (the "City"), duly acting herein by and through its Mayor, MaguirePartners-Solana Limited Partnership, a Texas limited partnership ("Owner A"), Maguire Partners Westlake Partnership, a Texas partnership ("Owner B"), and The SABRE Group, Inc., a Delaware corporation ("SABRE"), hereby enter into this Tax Abatement Agreement A (this "Agreement"). (Owner A and Owner B are hereinafter collectively referred to as the "Owner".) WITNESSETH: WHEREAS, the City Council of the City of Southlake, Texas (the "City Council"), has adopted a resolution stating that the City elects to be eligible to participate in tax abatement; and WHEREAS, on the 4th day of May, 1999, the City Council adopted a Tax Abatement Loy: Policy (the "Abatement Policy"), attached hereto as Exhibit A and made a part hereof for all purposes; and WHEREAS, the Abatement Policy constitutes appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Property Redevelopment and Tax Abatement Act, Texas Tax Code, Sections 312.001 et seq., as amended (the "Code"); and WHEREAS, on the 4th day of May, 1999, the Premises (hereinafter defined) was designated as part of City of Southlake Reinvestment Zone No. 2 (the "Zone"); and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Southlake area, it is in the best interests of the citizens of the City to enter into this Agreement in accordance with said Abatement Policy and Code; and WHEREAS, the City Council finds that the contemplated use of the Premises, the contemplated Improvements (hereinafter defined) to the Premises in the amount as set forth in this Agreement and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and are in compliance with the Abatement Policy and the guidelines and criteria included therein, the Code and all other applicable laws; and L 1 011907.00005.0431983.01 -GO , WHEREAS, this Agreement was authorized by Resolution of the City Council approved L.„ at its City Council meeting on the 4th day of May, 1999, authorizing the Mayor to execute this Agreement on behalf of the City; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises are located; and WHEREAS, the parties contemplate that seven tax abatement agreements for property within the Zone will be executed in connection with the expectation that the Global Premises will be developed as a corporate campus meeting the minimum requirements of the Abatement Policy; NOW, THEREFORE, the City for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which consideration includes the expansion of primary employment and the attraction of major investment in the Zone, which contributes to the economic development of the City and the enhancement of the tax base in the City, and the Owner and SABRE, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which consideration includes the tax abatement set forth herein below, as authorized by the Code, do hereby contract, covenant and agree as follows: I. GENERAL PROVISIONS (111"' A. Owner A or Owner B will be, on or before the commencement of any tax abatement provided hereunder, the owner of that certain parcel of land described on Exhibit B attached hereto and made a part hereof for all purposes (the "Premises"). The Premises are located within the Zone, and the Premises are located within the City limits. B. The Premises are not in an improvement project financed by tax increment bonds. C. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. D. None of the property subject to abatement of taxes under this Agreement is owned or leased by (i) any member of the City Council, or (ii) any member of a zoning or planning board or commission of the City. II. IMPROVEMENTS AND JOBS A. As a condition to the tax abatement provided herein, Owner (1) shall make at a minimum a$10,000,000 (Ten Million Dollars) Capital Investment on and within the Premises on or before the Abatement Start Date, and (2) shall make (and/or have previously made) at a minimum $80,000,000 (Eighty Million Dollars) Capital Investment on and within the property Lis, described on Exhibit C attached hereto (the "Global Premises") by or before December 31, 2001 2 ci 011907.00005:0431983.01 _ - (which Capital Investment under this clause (2) must include, at a minimum, Improvements (be consisting of at least 450,000 gross square feet of office structures to be occupied by SABRE and/or its Affiliate(s)). For purposes of this Article II, the term "Owner" means, collectively, the owner of the Premises and each and every lessee entitled to abatement under Article VI of this Agreement. The approximate location(s) of Improvements to be located on the Premises is reflected on a preliminary site plan attached hereto as Exhibit B. For purposes of this Agreement, (y) the term "Improvements" shall mean any and all real property improvements to the Premises and shall include new buildings, structures and fixtures erected or affixed to land or existing real property, and (z) the term "Capital Investment" means an investment in Improvements and/or tangible personal property (other than inventory and supplies). For purposes of this Agreement, a Capital Investment in tangible personal property shall be considered to be made "on and within the Global Premises" (or "on and within the Premises") if the tangible personal property is located on such property (or on Improvements thereon) longer than temporarily or with the intent to be located on such property (Qr on Improvements thereon) longer than temporarily. B. As a further condition to the tax abatement provided herein, at least twenty-five percent (25%) of the Full-Time Individuals (defined below) working for SABRE at the Global Premises on each Testing Date (defined below) must reside in the County. For purposes of this Agreement, (1) the term "Full-Time Individual" means an individual who (a) holds a regular employment position that results in scheduled work of at least 35 hours per week and the provision of basic employee health care insurance at a reasonable rate, or (b) is an independent contractor who is scheduled to work at least 35 hours per week; (2) the term "Testing Date" means the first business day on or after January 15 of each year of the tax abatement provided for in this Agreement, (3) the term "Affiliate" means, with respect to SABRE, any Person directly or indirectly controlled by SABRE Holdings, Inc., and (4)the term "Person" means an individual, partnership, limited liability company, corporation, joint venture, trust, business trust, association, or similar entity and the heirs, executors, legal representatives, successors and assigns of such entity where the context requires. As used in the definition of"Affiliate," the term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through ownership of voting securities,by contract or otherwise. C. As a further condition to the tax abatement provided herein, there shall be a minimum of 1,000 Full-Time Individuals working for SABRE and its Affiliates on the Global Premises on or before December 31, 2001. III. PROPERTY SUBJECT TO TAX ABATEMENT, RATE OF TAX ABATEMENT, TERM OF TAX ABATEMENT AND RELATED PROVISIONS A. A tax abatement, as described herein, shall be granted in each year of the abatement period on (i) the Premises, (ii) all Improvements constructed on the Premises, and (iii) tangible personal property located on the Premises, as follows: L.- 3 n r. O 011907.00005:0431983.01 (1) The Premises and all Improvements constructed thereon shall be subject to tax abatement to the extent the market value thereof, as reflected on the tax rolls of Tarrant Appraisal District (the "Tax Rolls") in each such year, exceeds the value thereof, as reflected on the Tax Rolls, for the year in which this Agreement is executed (or, in the case of the Premises only, the year immediately preceding the year during which the tax abatement begins). (2) All tangible personal property located on the Premises shall be subject to tax abatement as provided herein, excluding (a) inventory and supplies, (b) tangible personal property located on the Premises before the execution of this Agreement, and (c) tangible personal property which has been on the Tax Rolls in Tarrant County for a prior year and which is moved to the Premises from a SABRE location in Tarrant County outside the Global Premises. B. The tax abatement rate under this Agreement for each year of the tax abatement period shall be ninety percent (90%) of the portion of the value of the Premises, Improvements and tangible personal property that are subject to abatement, as set forth in paragraphs A(1) and (2) of this Article III. Notwithstanding the immediately preceding sentence to the contrary, the tax abatement rate for any year shall be lowered to (1) 80% if the SABRE Tarrant Personnel Number (defined below) for such year is between 3,500 and 3,999; (2) 70% if the SABRE Tarrant Personnel Number for such year is between 3,000 and 3,499; (3) 60% if the SABRE Tarrant Personnel Number for such year is between 2,500 and 2,999; and (4) 50% if the SABRE Tarrant Personnel Number for such year is less than 2,500. For purposes of this Agreement, the term "SABRE Tarrant Personnel" means a Full-Time Individual working for SABRE or its Affiliate who is primarily working at a site located in Tarrant County (i.e., on the Global Premises or any other SABRE or subsidiary location in Tarrant County). For purposes of this Agreement, the term "SABRE Tarrant Personnel Number" means, with respect to any year, the mean average of the number of SABRE Tarrant Personnel on January 15 of such year and July 15 of such year. C. A ten (10) year tax abatement period is hereby granted. This period of abatement shall commence on January 1 of the first year following the calendar year in which a certificate of occupancy is issued by the City for an Improvement to the Premises (the "Abatement Start Date"); provided, however, that the Abatement Start Date cannot be after January 1, 2008. D. A portion or all of the Premises, the Improvements, and/or personal property located on the Premises may be eligible for complete or partial exemption from ad valorem taxes, as a result of existing law or future legislation. This Agreement is not to be construed as evidence that no such exemptions apply to the Premises, Improvements or personal property located on the Premises. E. The Owner or its assigns shall have the right to protest and contest any or all appraisals or assessments of the Premises, or of the Improvements thereon, or on tangible personal property, and the tax abatement provided for herein for such property shall be applied to the amount of taxes finally determined, as a result of such protest or contest, to be due for such property. L 4 q n—2 / 011907.00005:0431983.01 , (tiew, F. Following the expiration of the tax abatement period under this Agreement, the property subject to this Agreement shall become fully taxable, subject to any exemptions and special appraisals that may otherwise apply to such property. IV. CERTIFICATION OF COSTS, CITY ACCESS TO PREMISES AND USE OF PREMISES AND IMPROVEMENTS A. On or before April 1 of each year, Owner shall certify annually to the City whether the Owner is in compliance with each applicable term of this Agreement. Such certifications shall be in a form reasonably satisfactory to the City, and shall include, at a minimum, information supporting Owner's conclusions that it met (or expects to meet) each condition and requirement to abatement set forth in this Agreement. Failure to timely provide such certification shall be an Event of Default hereunder. The City shall make a decision on its-belief as to the eligibility for tax abatement under this Agreement for each year on or before August 1 of such year and shall notify Owner in writing of such belief on or before August 5 of such year. B. At all times throughout the term of this Agreement, in addition to other rights under applicable laws, city codes and city ordinances, the City shall, upon giving reasonable notice to the Owner, have access to the Premises during normal business hours by City employees for the purpose of inspecting same to insure that the Improvements are constructed and the Premises used and maintained in accordance with the conditions of this Agreement; provided, however, (imme that the City shall use best efforts to not interfere with the normal business operations of the Owner on the Premises. C. The Premises and Improvements constructed thereon at all times shall be used in a manner (i) that is consistent with the City's comprehensive zoning ordinance, and (ii) during the period taxes are abated hereunder, is consistent with the general purpose of encouraging development or redevelopment within the Zone. D. SABRE shall use reasonable efforts to meet the following goals: (1) at least 25% (by dollar amount) of the construction activity and annual supply and service contracts with respect to Improvements located on the Global Premises shall be managed by contractors headquartered in Tarrant County; and (2) at least 10% (by dollar amount) of the construction activity and annual supply and service contracts with respect to Improvements located on the Global Premises shall be managed by"Disadvantaged Business Enterprise" contractors. E. Owner covenants that, throughout the Term, the Improvements shall be operated and maintained as an office development which use is consistent with the City's zoning regulation in effect from time to time. F. Notwithstanding any provision in this Agreement to the contrary, (1) no tax abatement under this Agreement shall apply in any year during which the improvements on the Premises are not being used by SABRE or its Affiliate (or any permitted transferee thereof) primarily as a corporate-type campus or part of a corporate-type campus (or similar use), and (2) no tax L....., abatement under this Agreement shall apply unless SABRE or any Affiliate of SABRE becomes 5 n n ^c2 011907.00005.0431983.01 (howan owner or lessee of all or a portion of the Premises on or before December 31, 1999, pursuant to Article VI.C. hereof. If SABRE or any Affiliate of SABRE does not become an owner or lessee of all or a portion of the Premises on or before December 31, 1999 pursuant to Article VI.C. hereof, this Agreement shall terminate on January 1, 2000, and all parties to this Agreement shall be relieved from all obligations and liabilities under this Agreement. V. FAILURE OF CONDITIONS AND BREACH A. If the Owner breaches any of the terms of this Agreement other than the conditions set forth in Article II hereof, then the Owner shall be in default of this Agreement (an "Event of Default"). If an Event of Default occurs, the City shall give the Owner written notice of such Event of Default and if the Owner has not cured such Event of Default within sixty (60) days of said written notice, this Agreement may be terminated or modified- by the City; provided, however, that if such Event of Default is not reasonably susceptible of cure within such sixty (60) days period and the Owner has commenced and is pursuing the cure of same, the Owner may utilize an additional ninety (90) days. Time in addition to the foregoing one hundred fifty (150) days may be authorized by the City Council. If this Agreement is terminated for any reason other than the failure of the conditions set forth in Article II of this Agreement to be met, then the tax abatement granted under this Agreement shall terminate for the year in which the notice of the Event of Default is given and all subsequent years, it being understood that the tax abatement with respect to any year prior to the year in which such notice is given shall not be cv forfeited or recaptured. B. In the event the Owner does not comply with the conditions set forth in Article II, this Agreement may be terminated or modified by the City by giving notice and opportunity to cure as set forth in Article V.A. above. In the event that the condition in Article II.A.(2) hereof is not met due to Force Majeure (defined below), Owner shall have such additional time as is reasonably necessary after such occurrence abates or the effects thereof have dissipated to complete performance and, provided that Owner is diligently and faithfully pursuing the completion of performance, in the event of such occurrence, Owner's failure to meet the condition set forth in Article II.A.(2) hereof shall not be grounds for the City to terminate or modify this Agreement. The term "Force Majeure" means any contingency or cause beyond the reasonable control of Owner, including, without limitation, acts of God, or the public enemy, war, riot, civil commotion, insurrection, governmental or de facto governmental action (unless caused by acts or omissions of Owner), fire, explosions, floods and strikes. Variations or additions in the Improvements from the description provided in the application for the abatement (if any) or any preliminary site plan shall not constitute either a failure to comply with Article II or an Event of Default, provided the value of such Improvements is equal to or exceeds the relevant value set forth in Article II. If this Agreement is terminated as a result of the failure to comply with the conditions set forth in Article II, then all taxes which otherwise would have been paid to the City without the benefit of abatement under this Agreement will become due to the City within thirty (30) days of termination, including all interest at the rate provided for delinquent taxes in accordance with Section 33.01 of the Texas Tax Code, subject to any and all lawful offsets, settlements, deductions, or credits to which the Owner may be entitled. The taxes and interest due upon termination become delinquent and incur penalties as provided by law for 6 Q n 'Z 3 011907.00005:0431983.01 delinquent ad valorem property taxes if not paid by February 1 of the year following termination of this Agreement. The recovery of such taxes shall be the sole remedy of the City in the event of a default hereunder by the Owner. Notwithstanding any provision in this Agreement to the contrary, the abatement provided herein shall begin on the Abatement Start Date irrespective of whether it can be determined on such date if all of the conditions under Article II hereof to the tax abatement will be met. VI. EFFECT OF SALE OR LEASE OF PROPERTY A. After Owner A or Owner B acquires the Premises, the tax abatement granted pursuant to this Agreement shall be assignable, as provided below, to each new owner or lessee of all or a portion of the Premises, Improvements or tangible personal property located thereon, for the balance of the term of this Agreement. Owner A or Owner B may make-such assignment or lease without City approval to (i) any Affiliate of the Owner, or any successor by operation of law of the Owner, or of any such Affiliate, including, but not limited to, any successor as result of any merger, consolidation, or other reorganization thereof(whether such successor is a corporation, business trust, or any other type of entity), (ii) SABRE or any Affiliate of SABRE, or (iii) any Person which leases all or a portion of the Premises, Improvements, or tangible personal property located thereon to SABRE or any Affiliate of SABRE. Any other assignment of the tax abatement granted pursuant to this Agreement shall require City approval, which shall not be unreasonably withheld. (iw, B. In the case of any total or partial transfer or assignment of the Premises and/or the tax abatement provided under this Agreement, either the transferor or the transferee shall notify the City of such assignment. Any transfer of fee simple title to any portion of the Premises to a Person which is not a permitted transferee as set forth in Article VI.A above shall result in the termination for subsequent years of the tax abatement granted under this Agreement with respect to (a) any Improvement or tangible personal property located on the Premises transferred or sold, and (b) the portion of the Premises transferred or sold. C. It is anticipated that Owner A or Owner B will transfer the Premises to SABRE or its Affiliate or to a Person leasing the Premises to SABRE or its Affiliate. In the event the Premises are transferred to SABRE or its Affiliate or to a Person leasing the Premises to SABRE or its Affiliate, (i) this Agreement shall automatically be transferred to such transferee, (ii) the tax abatement provided herein and all attendant rights, liabilities and obligations under this Agreement shall vest in such transferee as to the property transferred, (iii) the Owner shall be fully released from all obligations and liabilities arising under this Agreement, (iv) such transferee shall be treated as "Owner" under this Agreement, and (v) any activity by such transferee (and its lessee) shall be included for purposes of determining whether the conditions of Article II hereof are met. L 7 �C�� 011907.00005.0431983.01 VII. NOTICE All notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail postage prepaid or by hand delivery: OWNER: MaguirePartners-Solana Limited Partnership and Maguire Partners Westlake Partnership Nine Village Circle, Suite 500 Westlake, Texas 76262 With a copy to: Thompson & Knight 1700 Pacific Dallas, Texas 75201 Attention: William R. Van Wagner SABRE: The SABRE Group, Inc. 4255 Amon Carter Blvd. Fort Worth, Texas 76155 Attention: General Counsel With a copy to: Hughes & Luce, L.L.P. (kr 1717 Main Street, Suite 2800 Dallas, Texas 75201 Attention: Jeff W. Don-ill CITY: Mayor City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 With a copy to: Taylor, Olson, Adkins, Sralla& Elam, L.L.P 500 Throckmorton Street 3400 Bank One Tower Fort Worth, Texas 76302-3827 Attention: Wayne K. Olson All notices to Owner must also be contemporaneously delivered to SABRE. In addition, any other lessee of all or a portion of the Premises entitled to abatement under Article VI of this Agreement shall be entitled to receive notices with respect to thus Agreement by notifying each party to this Agreement of its desire to receive notice and setting forth its address. Any party may change its address by sending written notice to each party to this Agreement of its new address. L 8 n n a Si 011907.00005:0431983.01 VIII. SEVERABILITY In the event any section, subsection, paragraph, subparagraph, sentence, phrase or word herein is held invalid, illegal, or unenforceable, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase or word. In such event there shall be substituted for such deleted provision a provision as similar in terms and in effect to such deleted provision as may be valid, legal and enforceable. IX. ESTOPPEL CERTIFICATE Any party hereto may request an estoppel certificate from another party hereto so long as the certificate is requested in connection with a bona fide business purpose. The certificate, which if requested will be addressed to a subsequent purchaser or assignee of the Owner, shall include, but not necessarily be limited to, statements that this Agreement is in full force and effect without default, if such is the case, the remaining term of this Agreement, the levels of tax abatement in effect, and such other matters reasonably requested by the party(ies) to receive the certificate. X. OWNER STANDING (kiar The Owner, as a party to this Agreement, shall be deemed a proper and necessary party in any litigation questioning or challenging the validity of this Agreement or any of the underlying ordinances, resolutions, or City Council actions authorizing same, and the Owner shall be entitled to intervene in said litigation. XI. APPLICABLE LAW This Agreement shall be construed under the laws of the State of Texas. Venue for any action arising under state law under this Agreement shall be the State District Court of Tarrant County, Texas. XII. INDEPENDENT PARTIES Nothing herein shall be construed as creating a partnership or joint enterprise between the City and Owner. Furthermore, the parties hereto acknowledge and agree that the doctrine of respondent superior shall not apply between the City and Owner, nor between the City and any officer, director, member, agent, employee, contractor, subcontractor, licensees or invitees of Owner. L 9 Q n ( 011907.00005:0431983.01 XIII. RECORDATION OF AGREEMENT A certified copy of this Agreement in recordable form shall be recorded in the Deed Records of the County. XIV. AMENDMENT This Agreement may be modified by the parties hereto to include other provisions which could have originally been included in this Agreement or to delete provisions that were not originally necessary to this Agreement pursuant to the procedures set forth in Title III, Chapter 312, of the Code. XV. TAX ABATEMENT OBLIGATIONS It is agreed by the City and Owner that the signing of this Agreement by the City and Owner does not obligate any other taxing entity named herein to provide a tax abatement to Owner. Further, the refusal or denial of one or more taxing entities to provide tax abatement to Owner will not limit or prevent any of the other taxing entities named herein from providing tax abatement to Owner. (kir- [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] L 10 CIC'4.2. 011907.00005:0431983.01 r _ EXECUTED this day of May, 1999, by the City. EXECUTED this day of May, 1999, by Owner A. EXECUTED this day of May, 1999, by Owner B. EXECUTED this day of May, 1999, by SABRE. CITY OF SOUTHLAKE Rick Stacy, Mayor ATTEST: City Secretary L APPROVED AS TO FORM: City Attorney L 11 qc- 011907.00005:0431983 01 _._.; :: MAGUIREPARTNERS-SOLANA LIMITED PARTNERSHIP, a Texas limited partnership By: MaguirePartners-Solana GP Limited Liability company, its general partner By: MaguirePartners-Solana Business Trust, its sole manager and member By: Tom Allen Managing Trustee ATTEST: MAGUIRE PARTNERS WESTLAKE Lir PARTNERSHP, a Texas general partnership By: Maguire Partners-Dallas, Ltd., a California limited partnership, its general partner By: Maguire Partners Solana, LLC, a California limited liability company, its manager By: Maguire Partners SCS, Inc., a California Corporation, its manager By: Tom Allen, Senior Vice President By: Maguire Partners Solana, LLC, a California limited liability company, its manager By: Maguire Partners SCS, Inc., a California Corporation, its manager By: Tom Allen, Senior Vice President L 12 n �� 011907.00005:0431983.01 LATTEST: THE SABRE GROUP, INC., a Delaware corporation By: Title: ATTEST: Low 13 C, So 011907.00005:0431983.01 MAYOR'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Rick Stacy, Mayor of the City of Southlake, Texas, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Southlake, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate resolution of the City Council Of the City of Southlake, and that he executed the same as the act of the said City for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of May, 1999. Notary Public, State of Texas My commission expires L 14 011907.00005.0431983.01 (kr' OWNER'S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Tom Allen in the following capacities: (a) Managing Trustee of MaguirePartners-Solana Business Trust, sole manager and member of MaguirePartners-Solana GP Limited Liability Company, general partner of MaguirePartners-Solana Limited Partnership, (b) Senior Vice President of Maguire Partners SCS, Inc., manager of Maguire Partners Solana, LLC, manager of Maguire Partners-Dallas, Ltd., general partner of Maguire Partners Westlake Partnership, and (c) Senior Vice President of Maguire Partners SCS, Inc., manager of Maguire Partners Solana, LLC, general partner of Maguire Partners Westlake Partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacities therein stated as the act and deed of said entities. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of May, 1999. (taw Notary Public, State of Texas My commission expires L 15 n n 011907.00005-0431983.01 SABRE ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , being the of The SABRE Group, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated as the act and deed of said entity. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of May, 1999. Notary Public, State of Texas My commission expires L L 16 33 011907.00005:0431983.01 r;� COUNTY SIGNATORY PAGE County of Tarrant, Texas STATE OF TEXAS § COUNTY OF TARRANT § Tarrant County ("County"), the undersigned taxing unit, having jurisdiction over the Premises as described in the attached Tax Abatement Agreement A (the "Agreement"),joins in the execution of the Agreement by and among the City of Southlake, MaguirePartners-Solana Limited Partnership ("Owner A"), Maguire Partners Westlake Partnership ("Owner B") and The SABRE Group, Inc. ("SABRE"), for the purpose of granting ad valorem tax abatement on the eligible real and personal property in the manner and in accordance with the terms set forth in the Agreement, conditioned upon compliance with the provisions of the Tarrant County Tax Abatement Policy as set forth below, and authorizes this page to be affixed to the Agreement. By joining in the Agreement, the County shall have all rights, privileges and powers as provided to the City in the Agreement. (Owner A and Owner B are hereinafter collectively referred to as "Owner".) In addition to any performance criteria and reporting requirements provided for in the Agreement, the Owner agrees to comply with and satisfy the provisions and requirements as set forth in the Tarrant County Tax Abatement Policy, except those for which variances are granted. Should the Owner fail to satisfy any of these requirements, the Owner may be found to be in default of the Agreement with Tarrant County. In the event of such a default, the Owner shall provide a statement explaining the reason for the failure to meet the requirements, with a recommended course of rectification. Failure to meet the above requirements may result in taxes abated during the year in which the default occurred to be due and payable, subject to the provisions of the Agreement concerning Events of Default. This Agreement was authorized by the minutes of the Commissioners Court of Tarrant County, Texas, at its meeting on the 1 lth day of May, 1999, whereupon it was duly determined by appropriate order that the County Judge would execute the Agreement on behalf of Tarrant County, Texas COUNTY OF TARRANT, TEXAS Tom Vandergriff County Judge Date Executed: L 17 /+ / 011907.00005:0431983.01 MAGUIREPARTNERS-SOLANA LIMITED PARTNERSHIP, a Texas limited partnership By: MaguirePartners-Solana GP Limited Liability company, its general partner By: MaguirePartners-Solana Business Trust, its sole manager and member By: Tom Allen Managing Trustee Date Executed: MAGUIRE PARTNERS WESTLAKE PARTNERSHP, a Texas general partnership By: Maguire Partners-Dallas, Ltd., a California limited partnership, its general partner By: Maguire Partners Solana, LLC, a California Y g limited liability company, its manager By: Maguire Partners SCS, Inc., a California Corporation, its manager By: Tom Allen, Senior Vice President By: Maguire Partners Solana, LLC, a California limited liability company, its manager By: Maguire Partners SCS, Inc., a California Corporation, its manager By: Tom Allen, Senior Vice President Date Executed: Low- THE SABRE GROUP, INC., 18 n n-J?5 011907.00005:0431983.01 "(l a Delaware corporation By: Title: Date Executed: L L 19 C�++ 3/l0 011907.00005.0431983.01 "61..� L COUNTY ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Tom Vandergriff, County Judge of TARRANT COUNTY, TEXAS, a subdivision of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said TARRANT COUNTY, TEXAS, a subdivision of the State of Texas, that he was duly authorized to perform the same by appropriate order of the Commissioners Court of Tarrant County, Texas, and that he executed the same as the act of the said County for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of May, 1999. L Notary Public, State of Texas My commission expires L 20 G^- 2 .. 011907.00005-0431983.01 (11., EXHIBIT A to Tax Abatement Agreement ABATEMENT POLICY [Attached] L L Exhibit A 011907.00005:0431983.01 City of Southlake, Texas Lir Tax Abatement Policy May 4, 1999 Section I. General Purpose and Objectives A. The City of Southlake, Texas, is committed to the promotion and retention of high quality development in all parts of the City: and to an on-going improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Southlake will, on a case-by-case basis. give consideration to providing tax abatements as stimulation for economic development in Southlake. It is the policy of the City of Southlake that said consideration will be provided in accordance with the criteria outlined in this document. Nothing herein shall imply or suggest that the City of Southlake is under any obligation to provide tax abatement to any applicant. All applicants shall by considered on a case-by-case basis. Section II. Applicability A. This tax abatement policy establishes guidelines and criteria for tax abatement programs and agreements under the provisions of Chapter 312 of the Texas Tax Code. ce Section III. Abatement Criteria A. Any consideration for a tax abatement shall be reviewed by the City of Southlake City Council. The review process will examine the "value added" terms of the project. Considerations by the City Council shall be for new construction, whether it is a new facility or an expansion of an existing building. B. Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community, as well as the relative impact of the project, including costs to the City for providing services, impact on the environment and the local housing market, and required infrastructure. C. Value and Term of Abatement. Abatement shall be granted effective with the execution of the agreement. The amount of the abatement will be determined based on the merits of the project, including, but not limited to, total capital investment, added employment, and average annual salary. Abatement will be granted for a maximum of ten years. Abatement may be granted only for the additional value of eligible property improvements made subsequent to and listed in a tax abatement agreement. 1.) For new businesses, the project must be reasonably expected to produce a minimum added value of Ten Million Dollars ($10,000,000) in real and personal property improvements within the City of Southlake, and create a minimum of 1,000 full-time jobs, with an average annual salary of $50,000. Draft Date: April 30. 1999 1 �C -39 ?.) For expansion or modernization of existing businesses. the project must be reasonably expected to produce a minimum added value of Five Million Dollars ($5.000,000) in real and personal property improvements within the City of Southlake, and create a minimum of 500 new full time jobs with an average annual salary of$50,000. D. Consideration will also be given for direct sales tax that is generated by the applicant. Section IV. Recapture A. If the terms of the tax abatement agreement are not met, the City Council has the right to cancel or amend the abatement agreement. In the event of cancellation, the recapture of abated taxes shall be limited to the year(s) in which the default occurred or continued. Section V. Inspection and Financial Verification A. The terms of the agreement shall include the City of Southlake's right to (1) review and verify the applicant's financial statements in each year during the life of the agreement prior to granting a tax abatement in any given year, and (2) conduct an on-site inspection of the project in each year during the life of the abatement to verify compliance with the terms of the tax abatement agreement. (lisp, Section VI. Evaluation A. Upon completion of the construction of the facilities, the City shall no less than annually evaluate each project receiving abatement to insure compliance with the terms of the agreement. Any incidents of non-compliance will be reported to all affected taxing units. Section VII. Severability and Limitation A. In the event that any section. clause, sentence, paragraph or any part of this Tax Abatement Policy shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such invalidity shall not affect. impair. or invalidate the remainder of the guidelines and criteria in this Tax Abatement Policy. Section VIII. Expiration and Modification A. This Tax Abatement Policy is effective upon the date of its adoption and will remain in force for two years, at which time all reinvestment zones and tax abatement contracts created pursuant to its provisions will be reviewed by the City Council to determine whether the goals of the abatement program have been achieved. Based upon that review. the Tax Abatement Policy may be modified, renewed or eliminated. L Draft Date: April 30. 1999 2 C,'Iv B. Prior to the date for review, as defined above, the Tax Abatement Policy may he (iv, modified by a three fourths vote of the City Council. as provided for in Chapter 312 of the Texas Tax Code, L L Draft Date: April 30. 1999 3 EXHIBIT B to Tax Abatement Agreement PREMISES [Attached] L Exhibit B 02 011907.00005:0431 983.01 DENTON COUMT1 - TARWulT couITY ' ll EX1116IT B z . t �� TO ..(ti!, : • pax,•; ..' ,, TA\ABATEMENT AGREEME`T A =� ter ; - The lined area is the Premises. \ . .w..i.0 :1 lana/Mal • ,r-_ti. . /'/Lt/:%2'//r --./�///�/,_�i/.tl. ri: . .p.;; �i•�Q �*Ik f t. _ __ �—�,.,,-�eert9 �J_ !/O/y ' ° ... optitx:„ ..H,1,-,......4K1:41111., i0;;y01,,,,..-• �Iii,------- Icy '� Clii 64'-• •(:- , f►. `��wa. •,r, • , .,:. vts ...FA. I - 1. i � Olt.��/;+r' ' '� •\ • -•{j'� •' �� L . !• ,.'.--a- I N.....-, -. _-,.. , -___ veer'''. ni. ._:-,-r-dt./A / :), V . 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''.4;44.11igg . !,411)11b."141.:- ''#..A—viki i - OV R ,• �-s. _vie14 • 1 iI 'Y "' \' \''., �1� w ► ,e+1i' C.:Wit" • ►� k.• . i • .....-' •ilik-`..':-t;:..,t.' '' '`..'",• •''-'\‘' •'.1q.-I:,:: /14"..• -\.,• ..---.641r.". ••••!.."...4"r,.... 7 7" • • 1 _•s7u• �+--•tu':• I - '1.�•ii •1,.�. t: h ."tom•._ �• - ��W . ‘. , . . ,„.. ,1,,, ......_ .;,....,,... ,„„.,..,, ,,;.,.;:.,,, i.,..,:‘, ...‘,„...,.,,, .,...„.. \\,...\,,a.,:,.., .4.,L7.,..,..„..._._,...v...\...,,,,,,,,,.,,......,........,.:..,..-....,...:,,..,..........:..,.....:,, ,,,: „:„. _Li i -' ia .__ •-•• •,:44X"`:-Ze.'•:''''.-: •. .?--•;•-••* ".7-1- . ." "1 • � -.. ;A. I • •(•�� �' `• . 'I+•� `� '1' • ,^ -` ! A,'.Y•j•ref ' \- III:. • gG,113 r .i�� o...=J7....�: _. : + \� '!;4- : OE►ncN COUNTY ---- -- - ----- - r�akrt COUNTY - - --- - - 1 EXHIBIT B - . . It ' ,Ct z TO LK (• y� •.�,' ., ` TAX ABATEMENT AGREEMENT B -_ iC to , — ,,,,;c5 us.1 - 'L . 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's ., ._ A' V . .. .0 •-r•OtitPitiii• 1 . .....t...,..• . ill Eli4\.:.......*''ItZ.,'I . . % . !•.1 .•.•;i5,.... tce'.`:;/ •\\,. • • • ' •• • • , IA ""A_ 4"7••••• ...' ‘.. lgir,,, •.-- • :\ = '` i ` ' -., •1:(- ' _ � � - . .---- ., '• _ �. '; • '11 �..•--•••:ter: ��I• � _ -•,�,`�'' ,���;•�•}••yti•i , v�•r�s.>_-��iS`�� ;�'•.�'-- ` I � sr • ;" ..�. •-� �` if•1 i+ l 5i i t )ram •` �, '-,_ �• �li ���'1- �.1`�•!` j'.a: t( �tj v , ,•, . 1 ••t•1 \ ' \ 4F ,/? ,� -•tom " ;/f OENTON COUNTY EXHIBIT A ‘1111\ 041 \cz Z TO • •.770, "`' ' TAX ABATEMENT AGREEMENT C i tV . --�r .,,,,.s� is The lined area is the Premises. i ;Tia.:: lig_ \...... I Osillf :.-- . r. 10.4••:.• wiLai,47‘,...,V. lir 11..11. . ,e... .. -:•.-„ --_.7: .---4. i --,-;. -- -- .:•_ .‘ NI- „._ _ ..,. . ......,,..,,,a, ., .,.. . 1 /Att..> ---,Tx. - .,. !At- ...:•••;;.• 1 ....(,..,i(...:-__.:- -1-v"-\\ '.\'' , - ‘k-i l'' 1-1 :. -.. *; ,••• •ii • 'zt,: 1'.. .c:'.,:,-_-,:-.-.-.- s.:...• .• 71.i• \ •— ' . -c.' '-' ,..-- Ali'V,. 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'.S. t., •` `•V'z.'• `\� �,..�\N \ �E\r , 7� .!'r— `S, r ,tom A i h: i I '"..-' .A;t"'''' ...i."` ' 1.. .' '''''''••...s.X-;.),*‘‘;‘'‘'.•.'16!: :e-'.1,..'„ \ '6.‘" I'lk ,47:e ..., .,..":".-.":':'A.'•:-...r... .11111bl 'e 111X,: .`4.; '''''''''l f. )'.-- '.••" ,,• i . ' Ht.' ."- i'. y t -_,-•7,- '....,- ‘ :`, ....':,.•-•.....,,Le.' ..,;"!• ' iiiimi I . .)' . .' . , 1 i ., • - ;i ,;1 7.,.- 1 Ns. N\ ' t -6r` =ue -`:., 1 Li ;v !ij C.. - i 5- aa'ioN coin - - - -- - - -- - - - - -- - - TA RA T COt crr EXHIBIT B 1 c,11 to„, s TO -‘11.111 ��� .,,,.e` / TAX AB�►TEAIENT AGREEMENT D • „r =•� 7.-44X‘1%,�� �' The lined area is the Premises. iik e...\ „., ,, - \\.k.,. ...._., ,,,--4,4.00Nri mai---4,"4,24iismr. , ------ -,--mi .,-.4-1.1, i. , -•..7•1:. xlii,, 1 ; ,..„ .,,•e4iiiii,,,,;.. ..... ...-„,.,-,. ...._ .i •, .'„ ler:I tWillirjefligla\- .+.-•.-.:s..'•" . .likl 1 ...-.... .. . - 12. \\\Ni.:0 rail- in--1-W; ‘ ,._ ,,_,_,,,,„..., k....Irk 'N., . Ni 11-11-. .- .. . Olbg'7,I -.•,"_;?-1: 7 d. 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'J. ,4/1 •.r- 's '* _J . ; a'• kasol j .1i ..... __ ..j.,. - ' - ` �. . i .; ,t • .� 1. • 'N. ,; „ !,...`A'-' / ' . .. - , DENTON CQ(.)N Y _ -Taat\r 7 ccu►rn Exxistz B cr. ' 01 i TO • - (111.1115 . • �.57•,,,.,•••)' i TAN ABATEMENT AGREEMENT E 3tv JS `wt . �= :c ,,,,.c`s '� The lined area is the Premises. \11 i) __ 4411111 ;,-,S.,.... ' •---.---." "11.111101111UM imp,--E4r.trimislar- _. '-•-ili--4'. t72-•-•••%-.2'•1 „,,„.j...eci'.,.. '"i �, ii'-iii ,``,, 1--l: r� '"_a:t*i- ':.at. `.,�'�=s`_% ' •`ter': r�. 1.`__ •-•\••- \ii•\ •`• \�T1`Y ' � � •rem„ _ Cr� J• •) ♦•\ �pr -Y- Ntiliti • i.t . ___, ,,,. \yi.".' .\`-ii-ii • ,--'4."----.7. .).;er.. jp i,:i4., 1 1110—.4 .----11% 1061.\. ikilt\t/ :-. - --- -.. . - B • ,.1;j fill L :4.-. • • .-. ....ev....„ ,.. , .. 4 .... 1 JoIP...il. ii,- .9,„ ______ -..-(1,t It.:.-il - iliti,..-i.0---- _,.1.:,:,, \___ •. • ,.. .:..., ,...,...\,...>4 - . ...,-i ...-• / . -- •4., • .;,—,.... —4-4..i:ENNIO : IT ji°P .°r'..V _?,,4,0#pr, _- -., ;`-s•Z, ' ! 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'-• .;, 1, • �3y w�rryy _ _ �► • r l -•v.-s.relil•,�(.' -� — `,• . 1ti',i • '� t om. .:� 1 • r �� y V, .� � • � • i, Ir l •�• .- :\\çi :k- 1 .`: -\�`s` � h • .. ,c.._S (_ .,,_ -. -. - 2', , . _ . . • . , -!!....,: :!.;•!,- - J OENTON COUNTY TARRANT COUNTY - - - - - - - - - - - - -- --- - - -- - --- -- _ _ Ex141B1T B ' la, i TO ,\ J !• -4' / TA?(ABATEMENT AGREEMENT F � �c i•t1 ti -• Y• � —s �,;• The lined area is the Premises. —._._. 1 _411X,1 /. k :, , .F' ' :..,,,_--„,„:.-..-,:•z,..R.Esegfi 1.1.___w•-•4,7.02.%awl _ . -—7-; '-'7',1‘ : • ii,-.T.k.• ‘•4.\,\, di. :i,..,...z., riiiii-m--- --.. .L..,!•-... ..z.e.,,stri.e.g., 9,-7 --- . :-.•-:- \ _„,,, ,.italli, p.__,-.:,\_ ). :--", ..-: ....., -,. 4.--. . -.,. z ..,..)14 -, ... ,.., ...,•hiL.,,,-.1/4 i ,--;...:.- .. irciejoiti, 'T\••\ k•'.N•- •- --- 00•"''''''-'7 •' -• . - • . l' .0 • Iritia 1 •\• \\•• \,..:-•\.\\4•...t....s.._. , s ...:-. •11 SZ•••4Wj•i41,-4. A - :1 I 11 . 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TOP4--,::11 ''',..k•..;'----•.'..."---";---."•••::‘. .:; , • .•,, '\:\ •:•••• ., / .----4 . .' .,;-: - - -,_. ..--1.‘1.:- .-.L .;•;.•, '.'•,...--..- ..-_, ..4,_•.:1.) : • - • N ----- .,* ; .. ..•••* .....---40 . ;ii•II‘,.2.,.. ..< r • 1 1•+i•r� J; �, :�\', .'\;I't `•i� /�1+!• mod�•• `.�� :j't •qp►- �� . I-"r7,....•. •+r r• j, - , •1...1 ...0..v.......:I' I ,j• t a.' ‘ _ S �� `` •+• • ` I'/ ,t t •t 1 'a ;i•.. ,;I,t� / Yi,i ; I{}T ;�a ••T :.i. I , --- ' 'i `' 1; ,.:, '4; \y `• ,114•"•1�1 M. `\• ss• •')'' j • '•am • I am � �! t1 - , I ' ` � •.` -y _ \ y�, vt; t; ', -• ' '- � \ _ •r� .' 1 C CNCveTf -- - - - -- - -- -- - - - - - -- - --- -- --- - - -- - -- - - --- - TARRNT COUNTY EXHIBIT B • 1.I, 1 I To - ' i ly r ,�r i TAX ABATEMENT AGREEMENT C • =� �' The lined area is the Premises. la ,„„.,, ........., lig .•\ liefill ` %:5=•,� , .2 ^,, IN • -• - �':\� It�' •^ ♦� � /�, � ...„... ,'. \.. ' =ti .,- 111,..,..,,=-.._-:-____-:._ lik\k. _ ! �t j it.N.1 Stilt#- AI--.m. „,,,. 41, ,..., .‘ ,,.. .. , fr •i• . i . i.V.. \-\_____ ,:'!),' \ igggr „ am ' - ipm. ::-7 r . I • .0 P L.N., •,..41 1 *--. T-F.A . g . 2.: • \%-.___y_ ,_.„... f - .-.,' 106 - ii 11 11. ....„ _. . . • , * .,- -, .. I 4 ir'... ... .?'0. E 2 Rif). ,IF Hill, . , . . .. , _, , • '.-ig,, V-f,I.L.$,- i:-,)--- .:- , • i • ,-...,.•. - •.,,,-1..i...,. -•.---,. ..-••• \\ ' '',N7,. ‘ •---- -.•01"`":." • — Wat .: A ..ijk ii - ... . f - \�. �'e in:e.-r (•r,-i.,0",.•; •-..”.•.'.'a.c-•.,.-'•,;'•%.,•, u t. 1 ' y _.a7•4 \�\ \ L.•ter,:i %./. ► . }e 1- \ f\1'a)✓/ vti► g, 7,-..- .\-N\I� %4% �ra/j"- 0.16,#iff ` :Kim', - -•• 1 -- • - • ice_:- :\' �' * 1=r0s�..,�W;,;,.ltor ' _ _� `� •ifs `:. _ r- N. /�'" %/I c rr,.�� _p���J� - to,t: '�— I. • -s, ! ..- \: r .5011 P.%i Aterd•J ie� t .> ` .l '-'' '4•••.% -....,. ./. - '--.'.7iir7y-F...-:s;-... -..-- -•.•. 1."..;A N..4t';4,001', ,.,•4e1,01C.' -4 Teor/44siti,:::,,,t,., ::,...•:. :,i7 s'iri*?•1:4-!5•4PYs.:',...:4..; \ 40,00w/ i• r♦L .` 1 =`:• :�� \�- h //�/ / l'??t�l. :1.-A t7J .•• ...00,0 •-••• ••,,-,,e; `'•-•-•erw,-..** ....111" LI. „•.,:as,.... . 1... ' , '--:'-'...11•1•• I,\•-•-7.: • .1 <, _...t.c..!-I...-V.\,'•':\/., ' •••‘ ' -• ' ;,s'r ANa--• #-i, \ .-..,. lifsk_v % .... • .. ,ts. ,.. •. ,• • • f 7 . .. ...,......,. ..,... y - , ..*1 . Vt. \ N ',/Vkf:i.t;,....17,s4T...,s•.t.:.'"‘...-.1..-%t LI * . i ..•..4 -• .. . .. ... , ... , • • t.:.-..t: s-' t'.Z,:.... *.''.---.- • I�• 's •.•• 1.•. •1 • t •1 1 • I J1 t` '. `fir •,tI,`-- - • q� -y9 EXHIBIT C to Tax Abatement Agreement GLOBAL PREMISES [Attached] L L Exhibit C 5° 011907.00005:0431983.01 • LAND DESCRIPTION Survey, Abstract 1134, the R. D. Price Survey, BEING a tract of land situated in the J. B. Martin S y, Y Abstract 1207 and the U. P. Martin Survey, Abstract No. 1015, Tarrant County, Texas, and being a portion of a tract of land as described in the Special Warranty Deed to International Business Machines Corporation as recorded in Volume 12782, Page 109 of the deed records of Tarrant County, Texas, and also being a portion of a tract of land as described in Special Warranty Deed to 300 Convent Street Corp. as recorded in Volume 12782, Page 110 of the Deed Records of Tarrant County said tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod set with"Huitt-Zollars" cap on the southerly platted right-of-way line of Parkway Boulevard (131 foot right-of-way), said iron rod being at the most southerly southwest corner of said MTP-IBM Addition No. 1; THENCE along the southerly right-of-way line of said Parkway Boulevard as follows: North 63 degrees 15 minutes 25 seconds East, a distance of 32.25 feet to a 5/8 inch iron rod set with"Huitt-Zollars" cap at the beginning of a curve to the right; Along said curve to the right with a central angle of 24 degrees 19 minutes 16 seconds, a radius of 1,419.50 feet, an arc distance of 602.55 feet a long chord that bears North 75 degrees 25 minutes 02 seconds East, a distance of 598.04 feet to a 5/8 inch iron rod set with"Huitt- Zollars" cap; L' North 87 degrees 34 minutes 40 seconds East, a distance of 137.89 feet to a 5/8 inch iron rod set with"Huitt-Zollars" cap at the southeast corner of said MTP-IBM Addition No. 1; THENCE, along the easterly line of said MTP-IBM Addition No. 1,North 00 degrees 09 minutes 22 seconds West. a distance of 848.90 feet to the most easterly northeast corner of the MTP-IBM Addition No. 1 and being on the south line of a tract of land as described by deed to C.R. Revels as recorded in Volume 86, Page 557, Deed Records, Tarrant County, Texas; THENCE, along the southerly line of said C.R. Revels tract the following courses and distances; North 89 degrees 50 minutes 38 seconds East, a distance of 596.50 feet to a Corps of Engineers concrete monument found; North 89 degrees 33 minutes 04 seconds East, a distance of 1132.28 feet to a point for a corner; South 01 degrees 09 minutes 16 seconds East, a distance of 651.54 feet to a 3/4 inch iron rod found; North 89 degrees 56 minutes 04 seconds East, a distance of 333.16 feet to a 2 inch pipe found in the westerly right-of-way line of White Chapel Road (50 feet wide right-of-way); L 7:\Surmus1z\oa\wo.DESclsorev.eoc 1 OF 6 ' 422/99 / L-- REV.427/99 (/l — ,/ t 1 , THENCE, along the westerly right-of-way of White Chapel Road, South 02 degrees 11 minutes 25 seconds East, a distance of 85.06 feet to a point for a corner at the northeasterly corner of a tract of land as (tio, described in Special Warranty Deed to the City of Southlake as executed on April 28, 1998; THENCE, South 89 degrees 56 minutes 04 seconds West, departing the westerly right-of-way line of said White Chapel Road and along the northerly line of said City of Southlake tract,a distance of 114.99 feet to the northwesterly corner of said City of Southlake tract; THENCE, South 00 degrees 03 minutes 56 seconds East, along the westerly line of said City of Southlake tract, a distance of 100.00 feet to the southwesterly corner of said tract; THENCE, South 06 degrees 07 minutes 22 seconds West, a distance of 263.21 feet to a point for corner; THENCE, South 02 degrees 25 minutes 42 seconds East, a distance of 160.37 feet to a point for a corner on the southerly top of bank of South Fork Kirkwood Branch; THENCE, generally along the southerly top of bank of said creek the following courses and distances: South 46 degrees 28 minutes 21 seconds East a distance of 81.99 feet; South 42 degrees 41 minutes 23 seconds West a distance of 92.21 feet; South 29 degrees 21 minutes 54 seconds West a distance of 106.36 feet; (ow' South 16 degrees 11 minutes 08 seconds West a distance of 148.69 feet; South 03 degrees 24 minutes 13 seconds West a distance of 168.53 feet; South 45 degrees 59 minutes 11 seconds West a distance of 74.72 feet; South 05 degrees 31 minutes 46 seconds West a distance of 52.64 feet; South 63 degrees 16 minutes 32 seconds East a distance of 53.47 feet; South 08 degrees 05 minutes 54 seconds West a distance of 38.62 feet; South 85 degrees 28 minutes 32 seconds West a distance of 48.87 feet; South 05 degrees 31 minutes 46 seconds West a distance of 196.76 feet; South 41 degrees 44 minutes 24 seconds West a distance of 43.62 feet; South 32 degrees 52 minutes 05 seconds East a distance of 91.58 feet; South 83 degrees 49 minutes 21 seconds East a distance of 36.19 feet; North 15 degrees 36 minutes 10 seconds East a distance of 58.44 feet; J:\Surveyk25t2\04\wp\DESCISOrcv.doc 2 OF 6 • 4rz2/99 C�5� REV.4R7/99 South 73 degrees 59 minutes 03 seconds East a distance of 36.34 feet; Lie South 18 degrees 26 minutes 43 seconds East a distance of 87.49 feet; South 19 degrees 22 minutes 15 seconds West a distance of 40.53 feet; South 61 degrees 25 minutes 48 seconds West a distance of 99.80 feet; South 08 degrees 36 minutes 22 seconds East a distance of 198.28 feet; North 70 degrees 42 minutes 42 seconds East a distance of 47.08 feet; South 22 degrees 16 minutes 43 seconds East a distance of 12.87 feet; South 32 degrees 05 minutes 51 seconds West a distance of 60.69 feet; South 30 degrees 18 minutes 36 seconds East a distance of 27.12 feet; South 43 degrees 10 minutes 57 seconds West a distance of 48.11 feet; THENCE, departing said top of bank South 17 degrees 04 minutes 45 seconds East a distance of 85.86 feet to the southerly top of bank of said creek; THENCE, South 21 degrees 49 minutes 50 seconds East along the southerly top of bank a distance of Le 51.02 feet to the beginning of a non-tangent curve to the right having a radius of 1,572.00 feet; THENCE, departing the southerly top of bank and along said curve to the right through a central angle of 04 degrees 19 minutes 29 seconds, an arc distance of 118.66 feet and being subtended by a chord bearing South 38 degrees 45 minutes 42 seconds East a distance of 118.63 feet to a point for corner; THENCE, South 53 degrees 24 minutes 02 seconds West a distance of 50.00 feet to a point for corner; THENCE, South 35 degrees 06 minutes 11 seconds East a distance of 79.67 feet to the platted northwesterly line of Kirkwood Hollow Phase I, an addition to the City of Southlake, as recorded in Cabinet A, Slide 4537 of the Deed Records of Tarrant County, Texas, and being on the northeasterly right-of-way line of Kirkwood Boulevard; THENCE, South 56 degrees 24 minutes 01 seconds West continuing along the platted northwesterly line of said Kirkwood Hollow Phase I and an extension thereof a distance of 198.41 feet to point for corner in the centerline of South Fork Kirkwood Branch; THENCE, generally along the centerline of said branch the following courses and distances: South 17 degrees 28 minutes 39 seconds West a distance of 13.61 feet to a point for corner; South 40 degrees 25 minutes 34 seconds West a distance of 38.10 feet to a point for corner; South 26 degrees 58 minutes 38 seconds West a distance of 25.77 feet to a point for corner; 1:\Survcy\2512'D4\wp\DESCI50rev.doc 3 OF 6 • 4R21199 q c-53 REV.4/27/99 South 02 degrees 00 minutes 59 seconds West a distance of 29.72 feet to a point for corner; South 69 degrees 47 minutes 31 seconds West a distance of 22.44 feet to a point for corner; South 84 degrees 36 minutes 18 seconds West a distance of 26.95 feet to a point for corner; South 53 degrees 15 minutes 40 seconds West a distance of 22.56 feet to a point for corner; South 25 degrees 06 minutes 35 seconds West a distance of 37.90 feet to a point for corner; South 07 degrees 01 minutes 26 seconds East a distance of 29.93 feet to a point for corner; South 00 degrees 53 minutes 14 seconds East a distance of 31.56 feet to a point for corner; South 19 degrees 28 minutes 57 seconds West a distance of 14.92-feet to a point for corner; South 59 degrees 39 minutes 56 seconds West a distance of 33.26 feet to a point for corner; North 65 degrees 23 minutes 25 seconds West a distance of 50.64 feet to a point for corner; South 76 degrees 18 minutes 39 seconds West a distance of 54.62 feet to a point for corner; North 39 degrees 23 minutes 55 seconds West a distance of 28.52 feet to a point for corner; (16., North 80 degrees 25 minutes 36 seconds West a distance of 16.87 feet to a point for corner; North 76 degrees 53 minutes 30 seconds West a distance of 38.04 feet to a point for corner; North 43 degrees 26 minutes 30 seconds East a distance of 16.71 feet to a point for corner; North 62 degrees 48 minutes 05 seconds East a distance of 25.48 feet to a point for corner; North 03 degrees 15 minutes 56 seconds West a distance of 20.42 feet to a point for corner; North 47 degrees 33 minutes 51 seconds West a distance of 25.63 feet to a point for corner; North 57 degrees 28 minutes 08 seconds West a distance of 26.66 feet to a point for corner; South 70 degrees 01 minute 26 seconds West a distance of 18.54 feet to a point for corner; South 37 degrees 59 minutes 12 seconds West a distance of 30.91 feet to a point for corner; South 09 degrees 24 minutes 11 seconds West a distance of 8.82 feet to a point for corner; South 51 degrees 22 minutes 17 seconds West a distance of 41.55 feet to a point for corner; South 32 degrees 44 minutes 12 seconds West a distance of 23.43 feet to a point for corner; t:\s,vey\23I2\04\.p\DESC15Om.aoC 4 OF 6 4a2/99 - a e, REV.4/27/99 South 53 degrees 10 minutes 04 seconds West a distance of 44.67 feet to a point for corner; South 66 degrees 26 minutes 53 seconds West a distance of 31.90 feet to a point for corner; South 45 degrees 09 minutes 44 seconds East a distance of 17.42 feet to a point for corner; South 76 degrees 54 minutes 57 seconds East a distance of 36.92 feet to a point for corner; South 20 degrees 45 minutes 22 seconds West a distance of 40.45 feet to a point for corner; South 30 degrees 23 minutes 01 second West a distance of 72.88 feet to a point for corner; South 53 degrees 13 minutes 24 seconds West a distance of 99.78 feet to a point for corner; South 62 degrees 06 minutes 48 seconds West a distance of 87711 feet to a point for corner; South 58 degrees 29 minutes 32 seconds West a distance of 51.51 feet to a point for corner; North 85 degrees 07 minutes 51 seconds West a distance of 53.55 feet to a point for corner; South 76 degrees 52 minutes 54 seconds West a distance of 38.97 feet to a point for corner; North 67 degrees 16 minutes 38 seconds West a distance of 56.75 feet to a point for corner; South 55 degrees 38 minutes 19 seconds West a distance of 11.38 feet to a point for corner on the proposed easterly right-of-way line of State Highway No. 114; THENCE, along the proposed easterly right-of-way line of State Highway No. 114 as follows: North 36 degrees 32 minutes 05 seconds West a distance of 147.32 feet to a Texas Highway Department concrete monument, found; North 47 degrees 50 minutes 42 seconds West, a distance of 101.98 feet to a Texas Highway Department concrete monument, found; North 36 degrees 32 minutes 04 seconds West, a distance of 500.00 feet to a Texas Highway Department concrete monument, found; North 32 degrees 14 minutes 44 seconds West, a distance of 200.56 feet to a 5/8 inch iron rod set with"Huitt-Zollars" cap; North 36 degrees 32 minutes 05 seconds West, a distance of 199.81 feet to a Texas Highway Department concrete monument,found; North 42 degrees 14 minutes 23 seconds West, a distance of 201.18 feet to a Texas Highway Department concrete monument, found; J:\Survey\2512W4\wp\DESCISOrev.doc 5 OF 6 2� C 55 REV.4127/99 North 36 degrees 32 minutes 05 seconds West, a distance of 702.91 to a 5/8 inch iron rod set with "Huitt-Zollars" cap on the existing easterly right-of-way line of State Highway No. 114; LrIENCE, along the existing easterly right-of-way line of said highway as follows: North 18 degrees 59 minutes 38 seconds West, a distance of 112.97 feet to a 5/8 inch iron rod set with"Huitt-Zollars" cap; North 32 degrees 06 minutes 29 seconds West, a distance of 430.57 feet to a 5/8 inch iron rod set with"Huitt-Zollars"cap; North 29 degrees 36 minutes 27 seconds West, a distance of 232.63 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap at the beginning of a curve to the left; Along said curve to the left, with a central angle of 06 degrees 26 minutes 28 seconds,.a radius of 1,452.40 feet, an arc distance of 163.28 feet, a long chord that bears North 32 degrees 49 minutes 41 seconds West, a distance of 163.19 feet to a 5/8 inch iron rod set with"Huitt- Zollars" cap at the beginning of a reverse curve to the right; Along said curve to the right, with a central angle of 99 degrees 18 minutes 20 seconds, a radius of 90.00 feet, an arc distance of 155.99 feet, a long chord that bears North 13 degrees 36 minutes 16 seconds East, a distance of 137.18 feet to the POINT OF BEGINNING and CONTAINING 150.716 acres of land, more or less. L_asis of bearings: A bearing of South 89 degrees 39 minutes 47 seconds East along the northerly right-of-way line of Dove Road according to the Special Warranty Deed to MTP-IBM Phase II an III Joint Venture as recorded in Volume 8995, Page 1268 of the Deed Records of Tarrant County, Texas. For Huitt-Zollars, Inc. 4_ 275 Eric J. cloudy Registered Professional Land Surveyor Texas Registration No. 4862 Huitt-Zollars, Inc. 3131 McKinney Avenue Dallas, Texas 75204 Date: April 7, 1999 Revised April 23, 1999 Revised April 27, 1999 L J:\4mveyk25I2104\wp\DESCI5Orcv.doc 6 OF 6 ' 4/22/99 REV 4/27/99 qe-5 • iIi - 1:s• • ‘I I I I I I.'' II R ggt �if �« 'a le A I I lifci, t 1._2 Mill i < W .id0 1!ii1 .. W gl. i io smva dl / " ! / Y ° I!ti e t > w y 'i . E= W I- jI. \ i t E ilv .Z Jsi t ~:. Q � �Z m fly / t A 7„....../----- s 1^`, s g i , r 0 4. to — — ....,..�...__..—_. I Y w 1111 i 1 /: \ V4 ' It 81 s / BA 14 ill / g! R L_ 1= k I! \Zs ii 1; Ili \ \ss‘ Nb 37 ‘141keo, \ CtC-5 ? • -_-. ---._-:„. _.. t City of Southlake, Texas NIENIORANDUNI April 29. 1999 (lbw TO: Curtis E. Hawk. City Manager FROM: Greg Last, Director of Economic Development SUBJECT: Sabre Campus Headquarters Project Item 7C: Ordinance 7.14, 2'd Reading — Designating Reinvestment Zone 4.2 Item 9A: Resolution 99-26 — Adopting a Tax Abatement Policy Item 9B: Resolution 99-27 — Approval of Chapter 380 Agreement Item 9C: Resolution 99-28 —Approval of Tax Abatement Agreements Action Requested: Approval of items noted above. Note that this memo is the same for all items noted above. A summary of all items is attached-for reference. Background Information: There have been several months of good-faith negotiations related to this project, consummated in a presentation to City Council on April 27, 1999. Attached to this memo is a summary of changes made in the documents since that meeting. Financial Considerations: We have previously distributed and discussed a financial evaluation of the project. Note that we have attached revised financial spreadsheets to Item 9C, the Tax (680„ Abatement Agreement. There was one change (to our benefit) which is now shown for years 2012-2018. We had not reflected the benefit of the 10% that will not be abated during the 10-year program. Citizen Input/ Board Review: None required. Legal Review: The city attorneys have been significantly involved in reviewing and modifvi: the documents as enclosed. Alternatives: Approval, modified approval, denial. Supporting Documents: Attached is the specific document for this agenda item as referenced above. City Council Actions: The City Council approved the first reading of Ordinance 744 (7-0) on April -. 1999. Staff Recommendation: Consider all actions desired and approve if found appropriate. L 9e t rurtis_E. Hawk April 29, 1999 Page 2 L Approved for Submittal to City Council: City a s Of ce (0, (kr- G1C-o2., The following summarizes changes in the documents since Council review on April 27, 1999. 7C: Ordinance 744, 2nd Reading— Designating Reinvestment Zone #2 Section Change ibit A The legal description changed slightly to 150.716 acres from 150.621 acres. Item 9A: Resolution 99-26—Adopting a Tax Abatement Policy Page Section Change 1 3.B The second paragraph added some language per Councilmember Edmondson's request. Item 9B: Resolution 99-27—Approval of Chapter 380 Agreement Page Section Change 3 5 (a) The accounting firm Ernst & Young was inserted in the first sentence. 4 6 (d) (i) Eliminated the phrase "(including installation of meters)" from the end of the second sentence and"...but in no event later than ." from the last sentence. 4 6 (f) Was reworded as shown to clarify intent of fees in fee schedule. 4 6 (g) This paragraph from the prior draft related to impact fees was deleted. Exhibit A The legal description changed slightly to 150.716 acres from 150.621 acres. L9C: Resolution 99-28—Approval of Tax Abatement Agreements Section Change 1 Preamble An additional owner "Maguire Partners-Westlake Partnership, A Texas limited partnership" (Owner B) has been shown. This is an entity that currently exists and is the owner of one Solana land parcel which is being sold. It is the desire of Maguire Partners to utilize the Owner B entity to acquire title and transfer to Sabre rather than having the property intermingled with other properties owned by the Owner A entity. 4 III A. Reworded to clarify the land would be abated on a per premises basis. 5 III F. New section addressing the expiration of the tax abatement and the return to full value. Exhibit A The revised abatement policy was inserted. Exhibit C The legal description changed slightly to 150.716 acres from 150.621 acres. Note: The packet includes the template for all seven agreements. 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E a a a) CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o um) >- r- N N N N N N CV CV N N N N N CV N N N N N N 0 u Sabre Campus Headquarters Project Financial Analysis - Summary of Assumptions April 30, 1999 1. (Tables 1. 5. 6 & 7) Construction Material sales tax revenue is calculated based on Fifty (50) Percent of the building value times One ( 1) Percent for General Fund Sales Tax: Other Fifty (50) Percent of Building Value is allocated for Labor cost. 2. (Tables 1. 5, 6 & 7) Facility Operations sales tax revenue calculated by Insight Research Corporation. 3. (Tables 1. 5. 6 & 7) Equipment sales tax revenue relates to Sabre's purchase of equipment for the new Southlake facility. Ninety (90) percent of the computers and voice date equipment and eighty (80) percent of the furniture purchased for the Southlake facility will be subject to Southlake sales tax. 4. (Tables 1. 5, 6 & 7) Revenue for SPDC and CCPD half cent ($0.005) sales tax is not included on these tables, but is illustrated on Table 8. 5. (Tables 2 & 2A) Based on latest full-year actuals, average cost for a Fire Services call is S213: 333 calls were made to the Solana complex with assumed 5,000 employees. 6. (Tables 2. 2A, 2B, 2C, 2D & 5) For 1999, assume construction will begin in third calendar quarter with one-fourth of year 2000 on-site construction employees. 7. (Table 4) Building Inspection (plan review), Impact and Engineering fees are paid at time of permitting. Planning (zoning. platting, etc.) fees are paid two years prior to occupancy. 8. (Tables 6 & 7) For each phase. a separate 10-year tax abatement program will be adopted. Each phase commences January 1 of the year following occupancy. As an example, first occupancy will occur in 2001 with tax abatement program beginning in 2002 and city begins collecting full property tax revenue for this phase in 2012. 9. (Tables 6 & 7) Tax abatement program will include real property and personal property (FF&E). 10. (Tables 1. 5. 6, 7 & 8) Analysis does not include any sales tax revenues from products or services produced by Sabre. 11. (Tables 6 & 7) Analysis assumes a Fifty (50) Percent refund of the General Fund Sales Tax revenues collected on Construction/Building materials. 12. (Tables 1. 5, 6, & 7) Analysis assumes building values as provided by Sabre will be placed on tax rolls at the same value. L L:\comdev\ecodev\wp-tiles\projects\prospect\zorro 1\analysis\assumptions.doc t,._ w i1 -T. 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I- BLACKLINED AGAINST APRIL 30, 1999 VERSION EXECUTION COPY STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: TAX ABATEMENT AGREEMENT A Effective as of the latest execution date shown immediately prior to the signatures to this Agreement, the City of Southlake, Texas (the "City"), duly acting herein by and through its Mayor, MaguirePartners-Solana Limited Partnership, a Texas limited partnership ("Owner A"), Maguire Partners Westlake Partnership, a Texas partnership ("Owner B"), and The SABRE Group, Inc., a Delaware corporation ("SABRE"), hereby enter into this Tax Abatement Agreement A (this "Agreement"). (Owner A and Owner B are hereinafter collectively referred to as the "Owner".) WITNESSETH: WHEREAS, the City Council of the City of Southlake, Texas (the "City Council"), has adopted a resolution stating that the City elects to be eligible to participate in tax abatement; and WHEREAS, on the 4th day of May, 1999, the City Council adopted a Tax Abatement Policy (the "Abatement Policy"), attached hereto as Exhibit A and made a part hereof for all purposes; and WHEREAS, the Abatement Policy constitutes appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Property Redevelopment and Tax Abatement Act, Texas Tax Code, Sections 312.001 et seq., as amended(the "Code"); and WHEREAS, on the 4th day of May, 1999, the Premises (hereinafter defined) was designated as part of City of Southlake Reinvestment Zone No. 2 (the "Zone"); and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Southlake area, it is in the best interests of the citizens of the City to enter into this Agreement in accordance with said Abatement Policy and Code; and WHEREAS, the City Council finds that the contemplated use of the Premises, the contemplated Improvements (hereinafter defined) to the Premises in the amount as set forth in this Agreement and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and are in compliance with the Abatement Policy and the guidelines and criteria included therein, the Code and all other applicable laws; and 1{ f cJr, 1-- j h tuf !turf 4,th 011907.00005:0431983.RED WHEREAS, this Agreement was authorized by Resolution of the City Council approved at its City Council meeting on the 4th day of May, 1999, authorizing the Mayor to execute this Agreement on behalf of the City; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises are located; and WHEREAS, the parties contemplate that seven tax abatement agreements for property within the Zone will be executed in connection with the expectation that the Global Premises will be developed as a corporate campus meeting the minimum requirements of the Abatement Policy; NOW, THEREFORE, the City for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which consideration includes the expansion of primary employment and the attraction of major investment in the Zone, which contributes to the economic development of the City and the enhancement of the tax base in the City, and the Owner and SABRE, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which consideration includes the tax abatement set forth herein below, as authorized by the Code, do hereby contract, covenant and agree as follows: I. GENERAL PROVISIONS A. Owner A or Owner B will be, on or before the commencement of any tax abatement provided hereunder, the owner of that certain parcel of land described on Exhibit B attached hereto and made a part hereof for all purposes (the "Premises"). The Premises are located within the Zone, and the Premises are located within the City limits. B. The Premises are not in an improvement project financed by tax increment bonds. C. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. D. None of the property subject to abatement of taxes under this Agreement is owned or leased by (i)any member of the City Council, or (ii) any member of a zoning or planning board or commission of the City. II. IMPROVEMENTS AND JOBS A. As a condition to the tax abatement provided herein, Owner (1) shall make at a minimum a$10,000,000 (Ten Million Dollars) Capital Investment on and within the Premises on or before the Abatement Start Date, and (2) shall make (and/or have previously made) at a minimum $80,000,000 (Eighty Million Dollars) Capital Investment on and within the property described on Exhibit C attached hereto (the "Global Premises") by or before December 31, 2001 2 011907.00005:0431983.RED (which Capital Investment under this clause (2) must include, at a minimum, Improvements ,. consisting of at least 450,000 gross square feet of office structures to be occupied by SABRE and/or its Affiliate(s)). For purposes of this Article II, the term "Owner" means, collectively, the owner of the Premises and each and every lessee entitled to abatement under Article VI of this Agreement. The approximate location(s) of Improvements to be located on the Premises is reflected on a preliminary site plan attached hereto as Exhibit B. For purposes of this Agreement, (y)the term "Improvements" shall mean any and all real property improvements to the Premises and shall include new buildings, structures and fixtures erected or affixed to land or existing real property, and (z)the term "Capital Investment" means an investment in Improvements and/or tangible personal property (other than inventory and supplies). For purposes of this Agreement, a Capital Investment in tangible personal property shall be considered to be made "on and within the Global Premises" (or "on and within the Premises") if the tangible personal property is located on such property (or on Improvements thereon) longer than temporarily or with the intent to be located on such property (or on Improvements thereon) longer than temporarily. B. As a further condition to the tax abatement provided herein, at least twenty-five percent (25%) of the Full-Time Individuals (defined below) working for SABRE at the Global Premises on each Testing Date (defined below) must reside in the County. For purposes of this Agreement, (1)the term "Full-Time Individual" means an individual who (a) holds a regular employment position that results in scheduled work of at least 35 hours per week and the provision of basic employee health care insurance at a reasonable rate, or (b) is an independent contractor who is scheduled to work at least 35 hours per week; (2)the term "Testing Date" means the first business day on or after January 15 of each year of the tax abatement provided for in this Agreement, (3)the term "Affiliate"means, with respect to SABRE, any Person directly or indirectly controlled by SABRE Holdings, Inc., and (4)the term "Person" means an individual, partnership, limited liability company, corporation, joint venture, trust, business trust, association, or similar entity and the heirs, executors, legal representatives, successors and assigns of such entity where the context requires. As used in the definition of"Affiliate," the term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through ownership of voting securities, by contract or otherwise. C. As a further condition to the tax abatement provided herein, there shall be a minimum of 1,000 Full-Time Individuals working for SABRE and its Affiliates on the Global Premises on or before December 31, 2001. III. PROPERTY SUBJECT TO TAX ABATEMENT, RATE OF TAX ABATEMENT, TERM OF TAX ABATEMENT AND RELATED PROVISIONS A. A tax abatement, as described herein, shall be granted in each year of the abatement period on (i) the Premises, (ii) all Improvements constructed on the Premises, and (iii) tangible personal property located on the Premises, as follows: 3 011907.00005:0431983.RED (1) The Premises and all Improvements constructed thereon shall be subject to tax abatement to the extent the market value thereof, as reflected on the tax rolls of Tarrant Appraisal District (the "Tax Rolls") in each such year, exceeds the value thereof, as reflected on the Tax Rolls, for the year in which this Agreement is executed (or, in the case of the Premises only, the year immediately preceding the year during which the tax abatement begins). (2) All tangible personal property located on the Premises shall be subject to tax abatement as provided herein, excluding (a) inventory and supplies, (b)tangible personal property located on the Premises before the execution of this Agreement, and (c)tangible personal property which has been on the Tax Rolls in Tarrant County for a prior year and which is moved to the Premises from a SABRE location in Tarrant County outside the Global Premises. B. The tax abatement rate under this Agreement for each year of the tax abatement period shall be ninety percent (90%) of the portion of the value of the Premises, Improvements and tangible personal property that are subject to abatement, as set forth in paragraphs A(1) and (2) of this Article III. Notwithstanding the immediately preceding sentence to the contrary, the tax abatement rate for any year shall be lowered to (1) 80% if the SABRE Tarrant Personnel Number (defined below) for such year is between 3,500 and 3,999; (2) 70% if the SABRE Tarrant Personnel Number for such year is between 3,000 and 3,499; (3) 60% if the SABRE Tarrant Personnel Number for such year is between 2,500 and 2,999; and (4) 50% if the SABRE Tarrant Personnel Number for such year is less than 2,500. For purposes of this Agreement, the term "SABRE Tarrant Personnel" means a Full-Time Individual working for SABRE or its Affiliate who is primarily working at a site located in Tarrant County (i.e., on the Global Premises or any other SABRE or subsidiary location in Tarrant County). For purposes of this Agreement, the term "SABRE Tarrant Personnel Number" means, with respect to any year, the mean average of the number of SABRE Tarrant Personnel on January 15 of such year and July 15 of such year. C. A ten (10) year tax abatement period is hereby granted. This period of abatement shall commence on January 1 of the first year following the calendar year in which a certificate of occupancy is issued by the City for an Improvement to the Premises (the "Abatement Start Date");provided, however, that the Abatement Start Date cannot be after January 1, 2008. D. A portion or all of the Premises, the Improvements, and/or personal property located on the Premises may be eligible for complete or partial exemption from ad valorem taxes, as a result of existing law or future legislation. This Agreement is not to be construed as evidence that no such exemptions apply to the Premises, Improvements or personal property located on the Premises. E. The Owner or its assigns shall have the right to protest and contest any or all appraisals or assessments of the Premises, or of the Improvements thereon, or on tangible personal property, and the tax abatement provided for herein for such property shall be applied to the amount of taxes finally determined, as a result of such protest or contest,to be due for such property. 4 011907.00005:0431983.RED F. Following the expiration of the tax abatement period under this Agreement, the property Cor subject to this Agreement shall become fully taxable, subject to any exemptions and special appraisals that may otherwise apply to such property. IV. CERTIFICATION OF COSTS, CITY ACCESS TO PREMISES AND USE OF PREMISES AND IMPROVEMENTS A. On or before April 1 of each year, Owner shall certify annually to the City whether the Owner is in compliance with each applicable term of this Agreement. Such certifications shall be in a form reasonably satisfactory to the City, and shall include, at a minimum, information supporting Owner's conclusions that it met (or expects to meet) each condition and requirement to abatement set forth in this Agreement. Failure to timely provide such certification shall be an Event of Default hereunder. The City shall make a decision on its belief as to the eligibility for tax abatement under this Agreement for each year on or before August 1 of such year and shall notify Owner in writing of such belief on or before August 5 of such year. B. At all times throughout the term of this Agreement, in addition to other rights under applicable laws, city codes and city ordinances, the City shall, upon giving reasonable notice to the Owner, have access to the Premises during normal business hours by City employees for the purpose of inspecting same to insure that the Improvements are constructed and the Premises used and maintained in accordance with the conditions of this Agreement; provided, however, that the City shall use best efforts to not interfere with the normal business operations of the Owner on the Premises. C. The Premises and Improvements constructed thereon at all times shall be used in a manner (i)that is consistent with the City's comprehensive zoning ordinance applicable to the Premises, and (ii)during the period taxes are abated hereunder, is consistent with the general purpose of encouraging development or redevelopment within the Zone. D. SABRE shall use reasonable efforts to meet the following goals: (1) at least 25% (by dollar amount) of the construction activity and annual supply and service contracts with respect to Improvements located on the Global Premises shall be managed by contractors headquartered in Tarrant County; and (2) at least 15% (by dollar amount) of the construction activity and annual supply and service contracts wit�Ti respect to Improvements located on the Global Premises shall be managed by"Disadvantaged Business Enterprise"contractors. E. Owner covenants that, throughout the Term, the Improvements shall be operated and maintained primarily as an office development which use is consistent with the City's zoning regulation applicable to the Premises in effect from time to time. F. Notwithstanding any provision in this Agreement to the contrary, (1) no tax abatement under this Agreement shall apply in any year during which the improvements on the Premises are not being used by SABRE or its Affiliate (or any permitted transferee thereof) primarily as a corporate-type campus or part of a corporate-type campus (or similar use), and (2) no tax abatement under this Agreement shall apply unless SABRE or any Affiliate of SABRE becomes 5 011907.00005:0431983.RED an the Owner or lessee of all or a portion of the Premises on or before December 31, (Iti,, 1999, pursuant to Article VI.C. hereof. If SABRE or any Affiliate of SABRE does not become a^ owner the Owner or lessee of all or a portion of the Premises on or before December 31, 1999 pursuant to Article VI.C. hereof, this Agreement shall terminate on January 1, 2000, and all parties to this Agreement shall be relieved from all obligations and liabilities under this Agreement. V. FAILURE OF CONDITIONS AND BREACH A. If the Owner breaches any of the terms of this Agreement other than the conditions set forth in Article II hereof, then the Owner shall be in default of this Agreement (an "Event of Default"). If an Event of Default occurs, the City shall give the Owner written notice of such Event of Default and if the Owner has not cured such Event of Default within sixty (60) days of said written notice, this Agreement may be terminated or modified by the City; provided, however, that if such Event of Default is not reasonably susceptible of cure within such sixty (60) days period and the Owner has commenced and is pursuing the cure of same, the Owner may utilize an additional ninety (90) days. Time in addition to the foregoing one hundred fifty (150) days may be authorized by the City Council. If this Agreement is terminated for any reason other than the failure of the conditions set forth in Article II of this Agreement to be met, then the tax abatement granted under this Agreement shall terminate for the year in which the notice of the Event of Default is given and all subsequent years (which shall be the only remedy of the City), it being understood that the tax abatement with respect to any year prior to the year in which such notice is given shall not be forfeited or recaptured. B. In the event the Owner does not comply with the conditions set forth in Article II, this Agreement may be terminated or modified by the City by giving notice and opportunity to cure as set forth in Article V.A. above. In the event that the condition in Article II.A.(2) hereof is not met due to Force Majeure (defined below), Owner shall have such additional time as is reasonably necessary after such occurrence abates or the effects thereof have dissipated to complete performance and, provided that Owner is diligently and faithfully pursuing the completion of performance, in the event of such occurrence, Owner's failure to meet the condition set forth in Article II.A.(2) hereof shall not be grounds for the City to terminate or modify this Agreement. The term "Force Majeure" means any contingency or cause beyond the reasonable control of Owner, including, without limitation, acts of God, or the public enemy, war, riot, civil commotion, insurrection, governmental or de facto governmental action (unless caused by acts or omissions of Owner), fire, explosions, floods and strikes. Variations or additions in the Improvements from the description provided in the application for the abatement (if any) or any preliminary site plan shall not constitute either a failure to comply with Article II or an Event of Default, provided the value of such Improvements is equal to or exceeds the relevant value set forth in Article II. If this Agreement is terminated as a result of the failure to comply with the conditions set forth in Article II, then all taxes which otherwise would have been paid to the City without the benefit of abatement under this Agreement will become due to the City within thirty (30) days of termination, including all interest at the rate provided for delinquent taxes in accordance with Section 33.01 of the Texas Tax Code, subject to any and all lawful offsets, settlements, deductions, or credits to which the Owner may be entitled. The taxes 6 011907.00005:0431983.RED and interest due upon termination become delinquent and incur penalties as provided by law for delinquent ad valorem property taxes if not paid by February 1 of the year following termination of this Agreement. The recovery of such taxes shall be the sole remedy of the City in the event of a default hereunder by the Owner. Notwithstanding any provision in this Agreement to the contrary, the abatement provided herein shall begin on the Abatement Start Date irrespective of whether it can be determined on such date if all of the conditions under Article II hereof to the tax abatement will be met. VI. EFFECT OF SALE OR LEASE OF PROPERTY A. After Owner A or Owner B acquires the Premises, all rights and obligations under this Agreement, including the tax abatement granted pursuant to this Agreement, shall be assignable, as provided below, to each new owner or lessee of all or a portion of the Premises, Improvements or tangible personal property located thereon, for the balance of the term of this Agreement. Owner A or Owner B may make such assignment or lease without City approval to (i) any Affiliate affiliate of the Owner, or any successor by operation of law of the Owner, or of any such Affiliate affiliate, including, but not limited to, any successor as result of any merger, consolidation, or other reorganization thereof(whether such successor is a corporation, business trust, or any other type of entity), (ii) SABRE or any Affiliate of SABRE, or (iii) any Person which leases all or a portion of the Premises, Improvements, or tangible personal property located thereon to SABRE or any Affiliate of SABRE. Any other assignment of the tax abatement granted pursuant to this Agreement shall require City approval, which shall not be unreasonably withheld. If Owner A acquires the Premises, Owner B shall be released from any and all obligations under this Agreement. If Owner B acquires the Premises, Owner A shall be released from any and all obligations under this Agreement. B. In the case of any total or partial transfer or assignment of the Premises and/or the tax abatement provided under this Agreement, either the transferor or the transferee shall notify the City of such assignment. Any transfer of fee simple title to any portion of the Premises to a Person which is not a permitted transferee as set forth in Article VI.A above shall result in the termination for subsequent years of the tax abatement granted under this Agreement with respect to (a) any Improvement or tangible personal property located on the Premises transferred or sold, and(b) the portion of the Premises transferred or sold. C. It is anticipated that Owner A or Owner B will transfer the Premises to SABRE or its Affiliate or to a Person leasing the Premises to SABRE or its Affiliate. In the event the Premises are transferred to SABRE or its Affiliate or to a Person leasing the Premises to SABRE or its Affiliate, (i)this Agreement shall automatically be transferred to such transferee, (ii)the tax abatement provided herein and all attendant rights, liabilities and obligations under this Agreement shall vest in such transferee as to the property transferred, (iii)the Owner shall be fully released from all obligations and liabilities arising under this Agreement, (iv) such transferee shall be treated as "Owner" under this Agreement, and (v) any activity by such transferee(and its lessee) shall be included for purposes of determining whether the conditions of Article II hereof are met. L 7 011907.00005:0431983.RED VII. NOTICE All notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail postage prepaid or by hand delivery: OWNER: MaguirePartners-Solana Limited Partnership and Maguire Partners Westlake Partnership Nine Village Circle, Suite 500 Westlake, Texas 76262 With a copy to: Thompson& Knight 1700 Pacific Dallas, Texas 75201 Attention: William R. Van Wagner SABRE: The SABRE Group, Inc. 4255 Amon Carter Blvd. Fort Worth, Texas 76155 Attention: General Counsel With a copy to: Hughes & Luce, L.L.P. kriv 1717 Main Street, Suite 2800 Dallas, Texas 75201 Attention: Jeff W. Dorrill CITY: Mayor City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 With a copy to: Taylor, Olson, Adkins, Sralla& Elam, L.L.P 500 Throckmorton Street 3400 Bank One Tower Fort Worth, Texas 76302-3827 Attention: Wayne K. Olson All notices to Owner must also be contemporaneously delivered to SABRE. In addition, any other lessee of all or a portion of the Premises entitled to abatement under Article VI of this Agreement shall be entitled to receive notices with respect to thus Agreement by notifying each party to this Agreement of its desire to receive notice and setting forth its address. Any party may change its address by sending written notice to each party to this Agreement of its new address. L 8 011907.00005:0431983.RED VIII. SEVERABILITY In the event any section, subsection, paragraph, subparagraph, sentence, phrase or word herein is held invalid, illegal, or unenforceable, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase or word. In such event there shall be substituted for such deleted provision a provision as similar in terms and in effect to such deleted provision as may be valid, legal and enforceable. IX. ESTOPPEL CERTIFICATE Any party hereto may request an estoppel certificate from another party hereto so long as the certificate is requested in connection with a bona fide business purpose. The certificate, which if requested will be addressed to a subsequent purchaser or assignee of the Owner, shall include, but not necessarily be limited to, statements that this Agreement is in full force and effect without default, if such is the case, the remaining term of this Agreement, the levels of tax abatement in effect, and such other matters reasonably requested by the party(ies) to receive the certificate. X. OWNER STANDING The Owner, as a party to this Agreement, shall be deemed a proper and necessary party in any litigation questioning or challenging the validity of this Agreement or any of the underlying ordinances, resolutions, or City Council actions authorizing same, and the Owner shall be entitled to intervene in said litigation. XI. APPLICABLE LAW This Agreement shall be construed under the laws of the State of Texas. Venue for any action arising under state law under this Agreement shall be the State District Court of Tarrant County, Texas. XII. INDEPENDENT PARTIES Nothing herein shall be construed as creating a partnership or joint enterprise between the City and Owner. Furthermore, the parties hereto acknowledge and agree that the doctrine of respondent superior shall not apply between the City and Owner, nor between the City and any officer, director, member, agent, employee, contractor, subcontractor, licensees or invitees of Owner. L 9 011907.00005:0431983.RED XIII. RECORDATION OF AGREEMENT A certified copy of this Agreement in recordable form shall be recorded in the Deed Records of the County. XIV. AMENDMENT This Agreement may be modified by the parties hereto to include other provisions which could have originally been included in this Agreement or to delete provisions that were not originally necessary to this Agreement pursuant to the procedures set forth in Title III, Chapter 312, of the Code. XV. TAX ABATEMENT OBLIGATIONS It is agreed by the City and Owner that the signing of this Agreement by the City and Owner does not obligate any other taxing entity named herein to provide a tax abatement to Owner. Further, the refusal or denial of one or more taxing entities to provide tax abatement to Owner will not limit or prevent any of the other taxing entities named herein from providing tax abatement to Owner. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] L 10 011907.00005:0431983.RED EXECUTED this day of May, 1999, by the City. EXECUTED this day of May, 1999, by Owner A. EXECUTED this day of May, 1999, by Owner B. EXECUTED this day of May, 1999, by SABRE. CITY OF SOUTHLAKE Rick Stacy, Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney L 11 011907.00005:0431983.RED MAGUIREPARTNERS-SOLANA LIMITED lilw PARTNERSHIP, a Texas limited partnership By: MaguirePartners-Solana GP Limited Liability company, its general partner By: MaguirePartners-Solana Business Trust, its sole manager and member By: Tom Allen Managing Trustee ATTEST: MAGUIRE PARTNERS WESTLAKE PARTNERSHP, a Texas general partnership By: Maguire Partners-Dallas, Ltd., a California limited partnership, its general partner By: Maguire Partners Solana, LLC, a California limited liability company, its manager By: Maguire Partners SCS, Inc., a California Corporation, its manager By: Tom Allen, Senior Vice President By: Maguire Partners Solana, LLC, a California limited liability company, its manager By: Maguire Partners SCS, Inc., a California Corporation, its manager By: Tom Allen, Senior Vice President 12 011907.00005:0431983.RED ATTEST: THE SABRE GROUP, INC., a Delaware corporation By: Title: ATTEST: 13 011907.00005:0431983.RED MAYOR'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Rick Stacy, Mayor of the City of Southlake, Texas, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Southlake, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate resolution of the City Council Of the City of Southlake, and that he executed the same as the act of the said City for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of May, 1999. Notary Public, State of Texas My commission expires L 14 011907.00005:0431983.RED OWNER'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Tom Allen in the following capacities: (a) Managing Trustee of MaguirePartners-Solana Business Trust, sole manager and member of MaguirePartners-Solana GP Limited Liability Company, general partner of MaguirePartners-Solana Limited Partnership, (b) Senior Vice President of Maguire Partners SCS, Inc., manager of Maguire Partners Solana, LLC, manager of Maguire Partners-Dallas, Ltd., general partner of Maguire Partners Westlake Partnership, and (c) Senior Vice President of Maguire Partners SCS, Inc., manager of Maguire Partners Solana, LLC, general partner of Maguire Partners Westlake Partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacities therein stated as the act and deed of said entities. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of May, 1999. Notary Public, State of Texas My commission expires 15 011907.00005:0431983.RED SABRE ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , being the of The SABRE Group, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated as the act and deed of said entity. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of May, 1999. Notary Public, State of Texas My commission expires L 16 011907.00005:0431983.RED COUNTY SIGNATORY PAGE County of Tarrant, Texas STATE OF TEXAS § COUNTY OF TARRANT § Tarrant County ("County"), the undersigned taxing unit, having jurisdiction over the Premises as described in the attached Tax Abatement Agreement A (the "Agreement"),joins in the execution of the Agreement by and among the City of Southlake, MaguirePartners-Solana Limited Partnership ("Owner A"), Maguire Partners Westlake Partnership ("Owner B") and The SABRE Group, Inc. ("SABRE"), for the purpose of granting ad valorem tax abatement on the eligible real and personal property in the manner and in accordance with the terms set forth in the Agreement, conditioned upon compliance with the provisions of the Tarrant County Tax Abatement Policy as set forth below, and authorizes this page to be affixed to the Agreement. By joining in the Agreement, the County shall have all rights, privileges and powers as provided to the City in the Agreement. (Owner A and Owner B are hereinafter collectively referred to as "Owner".) In addition to any performance criteria and reporting requirements provided for in the Agreement, the Owner agrees to comply with and satisfy the provisions and requirements as set forth in the Tarrant County Tax Abatement Policy, except those for which variances are granted. Should the Owner fail to satisfy any of these requirements, the Owner may be found to be in default of the Agreement with Tarrant County. In the event of such a default, the Owner shall provide a statement explaining the reason for the failure to meet the requirements, with a recommended course of rectification. Failure to meet the above requirements may result in taxes abated during the year in which the default occurred to be due and payable, subject to the provisions of the Agreement concerning Events of Default. This Agreement was authorized by the minutes of the Commissioners Court of Tarrant County, Texas, at its meeting on the 11th day of May, 1999, whereupon it was duly determined by appropriate order that the County Judge would execute the Agreement on behalf of Tarrant County, Texas COUNTY OF TARRANT, TEXAS Tom Vandergriff County Judge Date Executed: L 17 011907.00005:0431983.RED MAGUIREPARTNERS-SOLANA LIMITED PARTNERSHIP, a Texas limited partnership By: MaguirePartners-Solana GP Limited Liability company, its general partner By: MaguirePartners-Solana Business Trust, its sole manager and member By: Tom Allen Managing Trustee Date Executed: MAGUIRE PARTNERS WESTLAKE PARTNERSHP, a Texas general partnership By: Maguire Partners-Dallas, Ltd., a California limited partnership, its general partner By: Maguire Partners Solana, LLC, a California limited liability company, its manager By: Maguire Partners SCS, Inc., a California Corporation, its manager By: Tom Allen, Senior Vice President By: Maguire Partners Solana, LLC, a California limited liability company, its manager By: Maguire Partners SCS, Inc., a California Corporation, its manager By: Tom Allen, Senior Vice President Date Executed: THE SABRE GROUP, INC., 18 011907.00005:0431983.RED a Delaware corporation By: Title: Date Executed: L 19 011907.00005:0431983.RED COUNTY ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Tom Vandergriff, County Judge of TARRANT COUNTY, TEXAS, a subdivision of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said TARRANT COUNTY, TEXAS, a subdivision of the State of Texas, that he was duly authorized to perform the same by appropriate order of the Commissioners Court of Tarrant County, Texas, and that he executed the same as the act of the said County for the purposes and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of May, 1999. Notary Public, State of Texas My commission expires L 20 011907.00005:0431983.RED EXHIBIT A to Tax Abatement Agreement ABATEMENT POLICY [Attached] Exhibit A 011907.00005:0431983.RED EXHIBIT B to Tax Abatement Agreement PREMISES [Attached] L Exhibit B 011907.00005:0431983.RED EXHIBIT C to Tax Abatement Agreement GLOBAL PREMISES [Attached] This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : G:\DATA\DALLAS\DORRILJ\AGREEMEN\0431983.01 and revised document: G:\DATA\DALLAS\DORRILJ\AGREEMEN\0431983.02 CompareRite found 12 change(s) in the text Deletions appear as Overstrike text Additions appear as Double Underline text L Exhibit C 01 I907.00005:0431983.RED City of Southlake,Texas MEMORANDUM April 29, 1999 TO: City Manager Curtis Hawk FROM: City Secretary Sandra L. LeGrand SUBJECT: Resolution No. 99-31,Appointment of Mayor Pro Tem and Deputy Mayor Pro Tern Resolution No. 99-31, appointment of a Mayor Pro Tern and Deputy Mayor Pro Tem is a one year appointment per the Home Rule Charter, Chapter II, Article 2.07 Mayor Pro Tem and Deputy Mayor Pro Tern which states, `2At the first meeting after each general election or general election run-off, if any, or as soon thereafter as practicable, the Mayor shall, with the approval of the Council, appoint one of the Council members as Mayor Pro Tem and one as Deputy Mayor Pro Tern who shall hold their offices for one year. The Mayor Pro Tem shall perform the duties of Mayor in case of the absence or disability of the Mayor. In case of absence or disability of both the Mayor and the Mayor Pro Tem, the Deputy Mayor Pro tern shall perform the duties of Mayor." Mayor Stacy will announce his appointments of Mayor Pro Tem and Deputy Mayor Pro Tern and ask Council for approval of the resolution during the-May 4, 1999, City Council meeting. If you have questions regarding the appointments, please discuss them with Mayor Stacy. /sl L City of Southlake,Texas (re RESOLUTION NO. 99-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM PURSUANT TO ARTICLE 2.07 OF THE HOME RULE CHARTER; PROVIDING AN EFFECTIVE DATE. Whereas, a Home rule Charter was approved by the voters in a duly called Charter election on April 4, 1987; and, Whereas, Article 2.07 of the Charter allows for the appointment of a Mayor Pro Tem who shall perform the duties of the Mayor in case of the absence or disability of the Mayor; and, Whereas, on January 21, 1995, a Charter Amendment Election was held in which Article 2.07 was amended to include the appointment of a Deputy Mayor Pro Tem who shall perform the duties of Mayor and Mayor Pro Tern in case of the absence or disability of the Mayor and Mayor Pro Tern; and, Whereas, the term of office for the Mayor Pro Tern and the Deputy Mayor Pro Tem shall be one (1) year, according to Article 2.07; now, Cy' THEREFORE, BE IT RESOLVED BY THE CI TY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,THAT: Section 1. All the findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in its entirety. Section 2. Effective immediately, the Mayor has appointed, with the approval of the City Council, Councilmember to serve as Mayor Pro Tem, who shall hold office for one (1) year; and, and Councilmember , to serve as Deputy Mayor Pro Tern, who shall also hold office for one (1)year. Section 3. This resolution shall be in full force and effect from and after its passage and approval by the City Council. PASSED AND APPROVED THIS THE 4TH DAY OF MAY, 1999 CITY OF SOUTHLAKE,TEXAS C 96 - a n City of Southlake.Texas Resolution No. 99-31 Page 2 BY: ATTEST: Mayor Rick Stacy Sandra L. LeGrand J-3 City of Southlake, Texas ‘!1111w. MEMORANDUM April 30, 1999 To: Curtis E. Hawk, City Manager From: Charlie Thomas, Deputy Director of Engineering Services Subject: Tract 8A01, Abstract A706, Thomas M. Hood Survey —Fill dirt and drainage easement Action Requested: Authorize the City Manager to proceed with acquisition of thirty- foot drainage easement in exchange for having approximately 900 cubic yards of fill dirt placed in the rear of Tract 8A01, Abstract A706, Thomas M. Hood Survey, located north of and adjacent to Durham Elementary School. - Background Information: Since the construction of the Durham Elementary School and the (111.1 new Junior High School, the property owner, whose property lies immediately north of and adjacent to Durham Elementary School has complained of additional flooding of the rear of his lot due to storm water run-off. The preliminary findings of a drainage study in progress by Freese and Nichols indicates a need for a thirty-foot wide drainage easement along the rear of this lot to accommodate future drainage improvements. A 20-foot wide easement would require a wider channel to be constructed in the future. See attached letter from Freese and Nichols. The property owner of this lot has requested that the rear of his lot be filled to eliminate the occasional flooding that occurs. Providing a thirty-foot easement in the rear of the lot would minimize the impact to the property to the east due to the filling of the rear of this lot. A complete stream management plan that will come out of this study will better define the most desirable hydraulic treatment for this reach of the watershed. 10A-1 Financial Considerations: The placement of fill dirt in the rear yard of this lot would be more than adequate compensation for the dedication of the drainage easement. It is estimated to cost approximately $15,000 to place approximately 900 cubic yards of fill dirt in the rear of this lot. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: There are three alternatives; approve it, deny it, or modify it. Supporting Documents: Sketch of fill on rear of lot and location of thirty-foot wide drainage easement Freese and Nichols letter Staff Recommendation: Place the request for the placement of fill dirt in the rear yard of Tract 8A01, Abstract A706, Thomas M. Hood Survey, also (11••• known as 979 North Shady Oaks Drive in exchange for dedication of a thirty-foot wide drainage easement on the rear of the lot for Council consideration and authorization for the City Manager to proceed with placement of fill dirt and acquisition of thirty-foot drainage easement. (iJ ' Charlie J. T i mas Deputy Director of Engineering Services Approved for Submittal to City Council: City anager's Office L 10A-2 .MN Alit.,, ilit w‹,...-,., TRACT 8A01 \ ii 1�"'m" I 111•���_ H-- Sao E 4.sa I • ■,V■a. BSTRACT A706 y:����� �T�E I 1 �� �;�.e THOMAS M. HOOD SURVEY �a ,\r---- , .:- alli L ' r,110.- I Nam■■O 1 mnil., 1111/1hillialtrom ILI lanTiiklik • - =("I Imo-'r. -0, ■ i� i ���ti �_ - j ��, I ,, 5 larit:-- l 42." H H I My j •_lW�� 4�Q I �� ,[ 1 ,"'%-�� „ , IGMW. mkt IDE : 1 'c•. ,. —� •a I W Well-M s -- IL_/I Mill ' ; r-, . •--s r.,.\,\ -• :- -1 i vW q...�/:�� ♦VA as a+� . _Soo As 1 .�� ,�`w� �'i� /1�'' �_E . ■ M L= / T -_ ,�.,��GS ;:I: & %v�iiillil►����iri:am���� �iiri�lili.�■�r����Ii�I (� ��+eh 1 011•1111,...ONIiii- Z- '' ' /4 SraNalllainnalEMENIMINI '111 2 r . ■N�\III�I { 1 1IO2 •it N.♦♦♦♦♦♦ i iv I`� ,um ••�♦•, '3i ^--1t �i II_■:: �1� '! .. 2•-►•,. ---dal �1< t. !- Li3, i i ill■ 11106 ~) :mosWI' ay ov,I♦�.- sag■. •,�� 1 t t0,ate0 ♦,..Imo•♦i 411 /■q�•.♦■r�'..1 ��13.t.r �/ ■�V •>, 0 as�•ice ti� ��....■.►' , � ►A'r ..,. ►�N� /•■■■■ 1�1i : y JL_ • . 1 %'1�/ M pl. ii.1...irit ♦i•1 •O♦♦n■ a�o■/■/�• ,3�� ��uuiii npn•1� •q<I _ ■MIMI\ 'AIM dt•��i� ♦i j'Pi�i ��:I���•• ! �ran►rrNE PI i ffll► r .,,[s �.'L_� r � ��♦■•■�.:�� �, a,• ��3r '� ►tiro eau i I .,., pieta.&ult s:U �■: w 1 Is iro,,,imu■ --fi t Ii a►e �■ fuu■i VIBE evs �1 1■ a ..p►Q ; ` Li- i Wil ....■/h.►�'/0y_1011• ti A.. .- f■•r.. #, 1.:Ai Aim I , • I I \ a1..I,�/ ••Ii ••a.♦�•d y= u.: ►� fii��:-llll i1111, n a 11111��•1� .4�• • ♦::Pride - ��se sad ' . •- I tin II,■fre WI RA .■ ■ as_- . ♦1.4111111141 • �►i u, ,,,,,,,.. itimbillmi ra411111 Ft 4,-4. • •11...' lid MUM- ■U�- • ■ t.%u■■ �� 44 •' ..trio / �/;at■. ■• Z 11rIt�E -. ....' . . /; L , . i \ I 1 0 &,441fS I.r41.9 It • , ‘ lip — _ 1-NJ .:,,rio -.-. •-1 1 ., ''_ . t . '';) l' I, 1 --_, \ ' f... '` J vs. :\,.._ --, -! '\\\., -ii • 4 , :._.. 4 , -11 4. -' a, „ — ,.. , - • / \ 0 s , C1_ -o• 1 1 -x .. _ 1 r- ca.! Dm , . ow ,..., ,,. wc— se'Z09••• ••.--.... ...•-•••se.i......09. .--.-. / / // 7/ ---__%,.....0 f I' , , ' / ', _—_---________________________ J 1 . t'' ' _. L :.,,,.2 ,y, , 1 ,, I , , . ,. .,, • ' I , . , , I b - . , -- / PI , . . : , . z......-4.----4-41.1.K W t i , . I i . i r . --. /F 1 i ' I I • i''',.. I ,. ! ) , , , 1 . - ? --,. ,. I ( . ' / i Z ' M Cr L 10A-4 40 A CENTURY OF SERVICE (Iiimw' '•"—.. • April 30, 1999 FREESE•NICHOLS Mr. Charlie Thomas, P.E. City of Southlake 1725 E. Southlake Blvd. Southlake, Texas 76092 Re: South Fork Kirkwood Branch Phase 2 Master Drainage Study Estimate of Required Drainage Easement Dear Mr. Thomas: Pursuant to your request,we have reviewed the requirements for drainage easements along the South Fork Kirkwood Branch between Durham Elementary and West Highland. The width ofthe drainage easement through this area will depend on the amount of drainage improvements made to the channel. The existing stream channel in this reach is not very well defined,and width ofthe 100-year ultimate floodplain ranges from 120 to 160 feet. Our proposed S cream Management Approach for this reach is to provide overtopping protection ofWest Highland and improve the operation of the detention pond at Durham Elementary. With the information we have at this time, it appears that this can be accomplished by enlarging the culvert at West Highland to two 8'x 5'box culverts,lowering the flowline by two feet,and extending the extra two feet of depth up to the detention pond with a 6-foot wide earthen channel. In addition,the existing earthen embankment across the stream just downstream ofDurham Elementary will need to be removed to improve the conveyance of the stream. Previously the City had asked that we estimate the amount of drainage easement necessary to construct improvements along the western property immediately downstream ofDurham Elementary,at 979 Shady Oaks. To answer this question,we modified our hydraulic model of existing conditions to reflect the improvements described above,and calculated the total width ofthe 100-year ultimate floodplain at the upstream end of 979 Shady Oaks to be 67 feet. If the embankment downstream is removed to provide unobstructed channel flow,this width could stay roughly the same across the property. Since the City currently has 40 feet of drainage easement along 545 West Highland,the City would need to acquire an additional 30 feet ofdrainage easement along 979 Shady Oaks. Based upon the results ofour hydrae ilic model,as shown on the following cross section plots, it appears that limiting the width of the drainage easement at 979 Shady Oaks to 20 feet would require the construction of a 10-foot wide earthen channel with 3:1 side slopes. If you have any questions, please do not hesitate to contact us. Very truly yours, OF FREESE AND NICHOLS, . *5�' �� ) • ICj� • ./; * ,.„, - . 1CURSBUtBaTEL Curtis B. Beitel, P.E. -o :. 83213 :(� L... Project Manager qi-Po� ,fit tvsEv \��x :cc: Bob Whitehead,Shawn Poe,Jerry Fleming,Files %tSS/ONAL• .C) y13oh9 [SOL98523]T:U ETWPii ese-and Nichols, Inc. Engineers Environmental Sci='',,..: •� itects 4055 International Plaza Suite 20n Fnrt Wnrth Texas 76109-4895 817-735-7300 .91 1 0A-5 v South Fork Kirkwood Branch Phase 2 MDP Proposed Cond 3b 4/30/99 136+16(Downstream of 979 Shady Oaks) 654 ; .065 Ada >.055_ >< .05 .075 'f K [I - �}Id Legend a � WS ULT 100-YR •PR,OP'o5 12_ ' ,I • EXI5TIN6: i Ground 652 ARA►NA6E : ( : : DRAIINAGE • 1 :EASEjmE;NT j EASE ,E1 Bank Sta • • P . ' FILL 20' Q r -3� Ra,'Posep • 650 .• •• • .. •4 : I 7• W 648 1 • • • 646 T101- 644 1150 1200 1250 1300 1350 1400 1450 Station(ft) South Fork Kirkwood Branch Phase 2 MDP Proposed Cond 3b 4/30/99 137+47(Upstream of 979 Shady Oaks) 654 k .065 M .05 ) 979; SF}Aj�Y G4K5 ry > : .15 W Ff1GkLRNq rr 1 Legend :PUPoStD: : 1 : EkISTING: : Pl AINAGEi : DRAINAGE WS ULT 100-YR : .t}SFMENT i I EASEMFNj . Ground 652 • I . . . I • PROPo E D I Bank Sta FtILL; II Zo :1-►p - .. 650 c o w . . r • . , • 646 • . • J : : (Ir. 1150 1200 1250 1300 1350 1400 1450 Station(ft) 10A-6 ," L. City of Southlake, Texas MEMORANDUM April 30, 1999 TO: Curtis E. Hawk, City Manager FROM: Dennis Killough, Sr. Planner SUBJECT: Variance to Driveway Ordinance for proposed driveway accessing Pearson Lane from proposed Exxon development in the City of Keller Action Requested: City Council consideration of a Variance to the Driveway Ordinance No. 634, Section 5.1 and 5.2a regarding minimum driveway spacing standards. Background Information: The property is located at the northwest corner of Pearson Lane at Price Road (Southlake Boulevard) in the City of Keller, Texas. An Exxon Gas Station has been approved by the City of Keller at this location. Because a driveway is proposed to access Pearson Lane, a public street within the City of Southlake, it is subject to the City of Southlake's Driveway Ordinance No. 634. The proposed full access driveway is approximately 170' north of the north right-of-way of Southlake Boulevard, which is in compliance with the City of Keller minimum spacing standard of 150'. However, the City of Southlake's Driveway Ordinance requires a minimum spacing of 250' for a full access driveway or a minimum spacing of 200' for a right-in/right-out driveway. The applicant has requested a variance to this requirement as noted in the attached letter. Please note that the driveway is in compliance with the City of Southlake's minimum stacking depth. Financial Considerations: None Citizen Input/ Board Review: The Exxon Keller, Texas Site Plan was approved by the Keller City Council on April 6, 1999, subject to the City of Southlake approving and issuing a driveway permit. Legal Review: None Alternatives: None Supporting Documents: Letter from Applicant; Letter from the City of Keller; Tract Map; Exxon Keller, Texas Site Plan Staff Recommendation: Place this item on the Council Agenda for consideration on May 4, 1999. I06-I Approved for Submittal to City Council: CINIZA City • qr. L comDevlwP-FILESumEmoUvuscexxoodrivewayinkenercehmemol.doc ID8.2 • The Gale Arnold,R.P.LS. Wallace George JezeK AJA Mike Kedhey,P.E.,R.P.LS. Grou Inc. June E.Lykes,P.E. J.A.'Jain"Poulos,Jr.P.E. Engineers•Planners Chris Ruiz P.E. George E.'Jed.Walker,Jr.,P.E. Waco• Killeen■Austin •Temple R.E."Bob'Wallace,P.E.,R.P..L.S. March 29, 1999 Otto E.Wledertioid,P.E. John F.Winkler,RE.- City Council City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: Proposed Driveway for Exxon site at NW corner FM 1709 and Pearson Lane Dear Council Members: On behalf of Exxon Corporation we have submitted to the City of Keller a final plat of the Brooks Subdivision, a Site Plan and Special Use Permit on the referenced corner lot to construct a 4248 s.f. convenience store and self service gas station. In addition to a driveway on FM 1709, we are proposing a driveway on Pearson Lane. Since Pearson Lane is a street in the City of Southlake's jurisdiction and maintenance responsibility, we have secured information from staff regarding procedures required to obtain a driveway permit from the City of Southlake. Staff members have reviewed our plans with the driveway at a location 80' north of the FM 1709 intersection and made comments based on City of Southlake regulations. We have complied with their requests except for the location of the driveway. The driveway on Pearson Lane was originally designed at the 80' location in order to preserve all of the nice trees in the northeast corner of the proposed lot. However, the City of Keller was unwilling to approve that location. We are making a presentation to the Keller City Council on April 6th using their guidelines of 150' from the r.ow. of FM 1709 to the south edge of the driveway. Thus, we will be losing the most southerly trees of the grove but preserving the 30" oak and all of the elms and oaks north of the 30" oak by complying with Keller's requirements but varying from the City of Southlake's minimum distance of 250 feet from r.o.w. to centerline of the proposed driveway. To comply with Southlake's 250' minimum distance would cause a larger total number of trees to be lost, including the 30" oak. We therefore, request a variance from the 250' driveway distance to the intersection. We also request a variance from the right-in and right-out design required for driveways which are less than 250 feet from the intersection. With only one-way traffic available on FM 1709 and the lack of another north-south roadway for nearly a mile to the west,it is imperative for the site to have the left turn option on Pearson Lane. We feel this is a well designed site plan and request your approval of the requested variances. Sincerely, Christopher M. Ruiz, P.E. _� The Wallace Group, Inc. ���EC'D ������ 1999 9666-LTR-Variance 150-S outh lake-3-29-99.doc 0RA 9101 Burnet Rood,Suite 110-Austh,Texas 78758 • L • • City clicElint COMMUNITY DEVELOPMENT April 23, 1999 Mr. Dennis IGllough, Senior Planner City of Southlake 667 Carroll Ave. Southlake, TX 76092 Re: Site Plan for Exxon Tiger Market, Lot 1 Block A, Brooks Subdivision, Keller, Texas Dear Mr. Killough, • The Keller City Council approved a Site Plan and Specific Use Permit for the above referenced project on April 3, 1999. This project is located on the northwest corner of FM 1709 and Pearson Lane within the city limits of Keller. The location of the driveway to Pearson Lane, which is in the city limits of Southlake, meets the minimum City of Keller requirement of 150 feet between a driveway and the right-of-way of an arterial street. It is our understanding that the City of Southlake requires a minimum distance of 250 feet from the centerline of a driveway to the right-of-way of an arterial street. The applicant selected the proposed location of the driveway in order to preserve a large grove of mature trees that grow immediately north of this proposed driveway. Placement of this driveway at 250 feet from the FM 1709 right-of-way would destroy one of the most valuable natural resources found in both of our communities. The Keller City Council and staff request that the Southlake City Council grant a variance to the 250-foot driveway distance requirement from an arterial street right-of-way in order to protect and preserve this grove of trees. Not only will these trees continue to contribute to the natural beauty of the area, but they will also serve as a buffer between this project and the residential land uses to the north and east. The location of the proposed driveway is not expected to interfere with traffic movement in the immediate area. Attached for•your information is a copy of the minutes from the April 6, 1999 Keller City Council meeting. Please call if you need any additional information. Sincerely, Y.dir- QA‘-641. Nika Zolghadri, AICP Director of Community Development Attachment 158 SOUTH MAIN STREET • P.O.BOX 770 • KELLER,TEXAS 76244 • (817)431-1517 Fax(817)431-5867 Web:http://www.cityofkeller.com • E-mail:planning@gte.net L Page 10 Regular Council Meeting April 6, 1999 existing Chapelwood Estates (under construction) and south of Courts of Canterbury Forest, on the east side of Rufe Snow Drive and north of Rapp Road. HSM Devco, applicant/developer. Washington & Associates, Inc. , engineer. (PP-99-10) Mr. McCombs made a motion to approve Resolution No. 1193 approving the preliminary plat for Chapelwood Estates, Phase II, a proposed 13-lot residential subdivision, located on. a 7. 082-acre tract of land to include an outparcel lot containing 3. 62 acres for which there are no development plans at this time, north of the existing Chapelwood Estates (under construction) and south of Courts of Canterbury Forest, on the east side of Rufe Snow Drive and north of Rapp Road with the following stipulation: Lie 1 . Remove the utility easement at the back of the lots along the northern boundary. HSM Devco, applicant/developer. Washington & Associates, Inc. , engineer. Mr. Hill seconded. The motion carried with the following vote: AYES: Mr. Hill, Mr. McCombs and Mr. Landers . NOES: Mr. McGrail. 6. PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) and site plan for Exxon Tiger Market, a proposed 4, 200 square foot convenience store and gas station, being Lot 1, Block A, Brooks Subdivision, located at the northwest corner of FM 1709 (Price Street) and Pearson Lane, and zoned R (Retail) . Roger Brooks, owner. Exxon Corporation, applicant/developer. The Wallace Group, engineer. (SUP-99-01) and (SP-99-01) L It'p Page 11 • Regular Council Meeting April 6, 1999 Ms. Karen Buck, representative of Exxon Corporation, gave a presentation of the request for a SUP and site plan for Exxon Tiger Market, a proposed convenience store and gas station, located at the northwest corner of FM 1709 (Price Street) and Pearson Lane. Mr. Chris Reeves, Civil Engineer, The Wallace Group, gave an overview of the proposed site plan for Exxon Tiger Market. Mr. Roger Brooks, owner, gave a brief presentation regarding the request for a SUP and site plan for Exxon Tiger Market, a proposed convenience store and gas station and asked the City Council for approval . (how' Mayor Lee opened the public hearing. Mr. Justin McMurry, 600 Dana Drive, Chairman of the Planning and Zoning Commission, expressed the Commission' s concerns regarding the project. Mr. Dave Phillips, 1355 Melody Lane, reminded the City Council of the planning they went through a couple of years ago regarding the development of gas stations. Mr. Phillips recommended the City Council consider the fact that there is a convenience store with gas pumps directly/diagonally across the street from the proposed Exxon Tiger Market site. Ms. Lewcile H.- Nolen, 2012 Hickory Hollow Lane, spoke in opposition to the SUP and site plan for Exxon Tiger Market, a proposed convenience store . and gas station. Mr. Landers made a motion to close the public hearing. Mr. Hill seconded. The motion carried unanimously. Council discussion was held. • Me In Page 12 Regular Council Meeting April 6, 1999 Mr. McCombs made a motion to approve Ordinance No. 947 approving a Specific Use Permit (SUP) and site plan for Exxon Tiger Market, a proposed 4, 200 square foot convenience store and gas station, being Lot 1, Block A, Brooks Subdivision, located at the northwest corner of FM 1709 (Price Street) and Pearson Lane, and zoned R (Retail) with the following stipulations: 1 . No outside .storage or vending machines . shall be allowed. 2 . The monument sign shall have a masonry base (Austin Stone or equivalent) with a surrounding frame. 3. Signage must comply with the Comprehensive (hir Zoning Ordinance at time of sign permit. 4 . An approved driveway permit must be obtained from the City of Southlake for the Pearson Lane driveway. 5. A row of evergreen hedges, that will grow to a minimum of six feet (6' ) in height, shall be planted across the rear of the site. 6. Screening (landscaping) must be provided separating the City' s entry sign from Exxon' s canopy lighting. 7 . The Exxon •monument sign facing FM 1709 shall be on the west side of the FM 1709 entrance drive. • 8 . Exterior signage (after market/banners, etc. ) shall be limited to window space only. 9. The building veneer shall be of Austin Stone or equivalent on all sides. 10. Canopypillars p a s must also be of Austin Stone or equivalent. tnP1.1 Page 13 Regular Council Meeting April 6, 1999 11 . Lighting plan as attached to the site plan shall be a part of these stipulations. 12 . Driveway entrance off of Pearson Lane to be located approximately 150 feet north of Exxon' s southeast corner. Any change to the driveway location must be reviewed by the City Council. Roger Brooks, owner. Exxon Corporation, applicant/developer. The Wallace Group, engineer. Mr. McGrail seconded. The motion carried unanimously. 7 . Consider a resolution amending Resolution No. 1079, dated October 20, 1998, by amending (ore Sections II .A. and II .C. of the Keller Town Center Development Agreement, between the City of Keller and Keller TC Partners, L.L.C. , (Town Center, L.L.C. ) . Mr. Landers made a motion to tabled Item H7 until the next Regular Council Meeting, April 20, 1999. Mr. Hill seconded. The motion carried unanimously. 8 . Consider a resolution approving the assignment of Section II .D.3. of the Keller Town Center Development Agreement and roadway construction agreement within the Keller Town Center, from Keller TC Partners, L.L.C. , (Town Center, L.L.C. ) to Keller-Country Brook Limited Partnership. Mr. Dresher gave a presentation of the assignment of Section II.D.3. of the Keller Town Center Development Agreement and roadway construction agreement within the Keller Town Center. L /' - TR.1 H >+ CC 2.3Ac U '�I �«.� 1 ,�c r% TR.1 B 1 C 4116.0., • 4 a II x 2 Ac I F� II .`7. 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III il ]iteaaa .176; I1II �`x'� ° a: Af1 IZaiaa y IVVr'O 1 City of Southlake, Texas MEMORANDUM April 30. 1999 To: Curtis E. Hawk, City Manager From: Charlie Thomas, Deputy Director of Engineering Services Subject: Authorize the Mayor to enter into an amended developer agreement for Loch Meadow Estates Action Requested: Authorize the Mayor to enter into an amended residential developer agreement for Loch Meadow Estates. Background Information: A final plat has been approved for Loch Meadow Estates located north of Dove Street and east of Ridgecrest Drive. On November 11, 1998, the City Council approved a partial developer (44.• , , the for grading only. On February � �, 1999, City Council approved a developer agreement for on-site utilities and roadways only. The new subdivision is to be served by a new lift station constructed large enough to handle the entire drainage basin of approximately 675 acres but with pumps only large enough at this time to handle existing development plus growth up to approximately 120 units. The City will later route the sewer for Huntwick and Quail Creek Estates to this lift station and do away with the Huntwick lift station. As the drainage basin develops, the pumps can be upgraded. The new lift station and force main will pump the sewer to the new force main to be constructed by the City along Dove Street. This developer agreement covers the construction of the new lift station and force main down to Dove Street. There is the possibility that the new force main to be constructed along Dove Street by the City will not be completed at the time all of the improvements for Loch Meadow Estates are completed. L 10C-1 Curtis E. Hawk April 30, 1999 Page Two Sealed bids were received by the developer on March 31, 1999. The cost of the lift station and force main to handle ultimate development is $206,660, and the cost quoted for a lift station and force main to serve only Loch Meadow Estates is $78,400. Financial Considerations: The park fee for this subdivision, included in the original developer agreement, is $24,000. There is City reimbursement in the oversize of the lift station and force main in the amount of $128,260. This reimbursement shall not total a greater amount than the original cost of construction. Article V, Oversizing will allow reimbursement to the Developer for the difference in cost of the oversizing within five (5) years from acceptance of Developer's portion of the sewer line. (lbw Inspection Fees (3%) and Administrative Processing Fees (2%) paid by Developer to the City, for on-site and off-site improvements will be offset against the City's reimbursement of oversizing costs by their repayment by the City to the Developer within 10 days after the later to occur of (I) payment of the respective fees and (II) the City's acceptance of the off-site improvements. Citizen Input/ Board Review: None. Legal Review: This developer agreement is our standard agreement, originally drafted by City Attorneys. Alternatives: There are three, approve it, deny it, or modify it by adjusting the amount of reimbursement. Supporting Documents: Developer Agreement Park Board Memorandum Plat Exhibits L 10C-2 Curtis E. Hawk April 30, 1999 Page Three Staff Recommendation: Please place the amended developer agreement for Loch Meadow Estates on the April 20, 1999 City Council agenda for Council to review and authorize the Mayor to enter into an amended developer agreement. ( 7 Charlie J. omas Deputy Director of Engineering Services Approved for Submittal to City Council: (116., Y - City Ma ' Office L 10C-3 LOCH MEADOW ESTATES AMENDED DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of Loch Meadow Estates, hereinafter referred to as the "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 24 lots contained within the Addition and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots, three (3), after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. Loch Meadow Estates Amended Developer Agreement 1 10C-4 C. The Developer will present to the City either a cash escrow, Letters of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. Ail Letters of Credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. D. The value of the performance bond, Letters of Credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, Letters of Credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developers obligations �••- specified above. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approved the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup, mowing, and erosion control. E. Until the performance and payment bonds, Letters of Credit or cash escrow required in Paragraph C have been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. Loch Meadow Estates Amended Developer Agreement 2 10C-5 F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this Agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1 . Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for re-testing as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. Loch Meadow Estates Amended Developer Agreement 3 10C-6 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. H. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as "Builder" will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. Loch Meadow Estates Amended Developer Agreement 4 10C-7 II. FACILITIES A. On Site Water The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. Drainage Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS 1 . The street construction in the Addition shall conform to the requirements in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. Streets will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. Loch Meadow Estates Amended Developer Agreement 5 10C-8 2. The Developer will be responsible for: a. Installation and two year operation cost of street lights, which is payable to the City prior to final acceptance of the Addition; b. Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; c. Installation of all regulatory signs recommended based upon the Manual of Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. Loch Meadow Estates Amended Developer Agreement 6 1 OC-9 E. ON SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. In the event that certain sewer lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. F. EROSION CONTROL During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must by paid to the City prior to acceptance of the Addition. G. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. Loch Meadow Estates Amended Developer Agreement 7 10C-10 H. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. START OF CONSTRUCTION Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement executed. 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co- insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. Loch Meadow Estates Amended Developer Agreement 8 10C-11 �.r. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY. ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of ••- Loch Meadow Estates Amended Developer Agreement 9 10C-12 the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, Letter of Credit, or other security provided by Developer and complete such work at Developer's expense, provided however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151.309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph 1.F. Loch Meadow Estates Amended Developer Agreement 10 10C-13 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax Code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of this phase the Developer shall provide to the City three (3) copies of Record Drawings of this phase, showing the facilities as actually constructed. Such drawings will be stamped and signed by a registered professional civil engineer. In addition, the Developer shall provide electronic files showing the plan and profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines, and tie in to the state Plane Coordinate System. IV. OTHER ISSUES A. OFF-SITE DRAINAGE B. OFF-SITE WATER SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewer collection facilities (lift station and force main) to service lots as shown on the final plat of the Addition. Sanitary sewer facilities (lift station and force main) will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction Loch Meadow Estates Amended Developer Agreement 11 10C-14 costs, materials and engineering. Since the lift station and force main is being oversized to accommodate the entire drainage basin, the City will reimburse the developer for the oversize cost of $128,260. This reimbursement shall not total a greater amount than the original cost of construction. Article V, Oversizing will allow reimbursement to the Developer for the difference in cost of the oversizing within five (5) years from acceptance of Developer's portion of the sewer line. Inspection Fees (3%) and Administrative Processing Fees (2%) paid by Developer to the City, and off-sire improvements will be offset against the City's reimbursement of oversizing costs by their repayment by the City to the Developer within 10 days after the later to occur of (I) payment of the respective fees and (II) the City's acceptance of the off-site improvements. C. PARK FEES The Developer agrees to pay the Park Fee of 81 ,000 per lot, in accordance with the Subdivision Ordinance No. 483-F, Section 7.0. There are approximately 24 lots in Addition, which would bring the total cost of Park Fee to $24,000. D. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Andy Jones Title: President, Corps Property Holdings, Inc. Address: P.O. Box 2246 Coppell, Texas 75019 Loch Meadow Estates Amended Developer Agreement 12 10C-15 STATE OF COUNTY OF On , before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: L Loch Meadow Estates Amended Developer Agreement 13 10C-16 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the Letter of Credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six percent (6%), and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letter of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Loch Meadow Estates Amended Developer Agreement 14 10C-17 City of Southiake,Texas MEMORANDUM January 6, 1999 TO: Charlie Thomas, Deputy Director of Public Works FROM: Kevin Hugman, Director of Community Services SUBJECT: Park Dedication Requirements - Loch Meadow Estates At its December 14, 1998 meeting, the Park and Recreation Board considered the park dedication requirements for Loch Meadow Estates, a residential development. The developer requested to pay fees of$1,000/lot for a total of$24,000 in lieu of park land dedication. The plat exhibit shown to Park Board included 27 platted lots, however, three of these lots are common areas and not developable lots, therefore were not included in the calculation for park dedication fees. The Park Board voted 6-0 to accept payment of park dedication fees in the amount of$24,000 for this development. Please contact me if you have any further questions. r fi KH 10C-18 u., . Qs ol C, O •J C...- �i' 1 } 1.-.—:fit i` • ; r t; ill t 'i , 1 /l� { � i % '11{I i I \/Pam-•~A _ vs.•r ou ..a_ 4 O 1 , i 3 7 ri r( t .r",� i'71 . O<,. 7 3c,o?zatnrJ 1 .2 is I t11 ({-!1 \ / 1 , s E.'. 9 w a0ry .i _`::51�D> i1 1 :I i, i1. CE Ele JJ I! rG::�' `'y n = �'n - �2 11 i It {I. Iil 112. 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Background Information: On September i, 1998, the City Council approved the site plan- for Lowe's warehouse located at the northeast corner of North Kimball Avenue and East Southlake Boulevard (FM 1709). The site plan included a new driveway on North Kimball Avenue and a new driveway and deceleration lane on FM 1709. The developer desires to construct a driveway on North Kimball Avenue and the driveway and deceleration lane on FM 1709 along with the connecting fire lane between them with short runs of water and sanitary sewer lines that will be under the fire lane pavement, prior to the construction of the building and parking lot. The construction of the public facilities (deceleration lane, water line and sewer line) requires a developer agreement to be executed. At the time of construction of the building, parking lot and remaining public facilities, an amended developer agreement will be executed. Financial Considerations: The developer will be responsible for all construction costs and inspection fees. Citizen Input/ Board Review: Not applicable. Legal Review: This partial developer agreement is our standard agreement, ( 1.1 originally drafted by City Attorneys. 10D-1 Alternatives: Two alternatives, approve or deny agreement. Supporting Documents: Partial Developer Agreement Site Plan Exhibit Staff Recommendation: Place the partial developer agreement for Kimball / 1709 Addition, Lot 5, Block 1 on the May 4, 1999 City Council agenda for Council to review and authorize the Mayor to execute the partial developer agreement. Charlie J. homas Deputy Director of Engineering Services Approved for Submittal to City Council: City Manager's 'e L 10D-2 KIMBALL 1 1709 ADDITION LOT 5, BLOCK 1 PARTIAL COMMERCIAL DEVELOPER AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the "City', and the undersigned Developer, hereinafter referred to as the "Developer", of Kimball / 1709 Addition, Lot 5, Block 1 , hereinafter referred to as "Addition" to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to Addition (a commercial development) and to the off-site improvements necessary to support the subdivision. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the subdivision if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds should be approved by a Best- rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. Kimball/ 1709 Addition Developer Agreement Page 1 10D-3 LW' C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove, which are intended to be public facilities, shall be vested in the City of Southlake, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire Agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved, and are being accepted by the City. E. On all public facilities included in this Agreement for which Developer awards his own construction contract. Developer agrees to the following procedure: 1 . Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water , street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; Kimball/ 1709 Addition(Lowe's) Developer Agreement Page 2 1 OD-4 c. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. Kimball i 1709 Addition(Lowe's) Developer Agreement Page 3 10D-5 H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES A. ON-SITE WATER The Developer hereby agrees to install water facilities (8-inch water line) to service lots as shown on the final plat of Addition to the City of Southlake. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. Kimball/ 1709 Addition(Low•e's) Developer Agreement Page 4 1 OD-6 B. DRAINAGE Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, the City, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS The street construction (deceleration lane) in the Addition, commercial development of the City of Southlake will be installed in accordance with plans and specifications to be prepared by the Developer's enaineer and released by the City Engineer. 1. The Developer will be responsible for: a) Installation and two year operation of street lights; Cas, b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; c) Installation of all regulatory signs recommended based upon the Manual on Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction of the Director of Public Works. 2. All street improvements (deceleration lane) will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and Kimball/ 1709 Addition(Lowe's)Developer Agreement Page 5 10D-7 between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre- planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewage collection facilities (8-inch sanitary sewer line) to service lots as shown on the final plat of Addition to the City of Southlake. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and Impact Fees. In the L... event that certain sewer lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. E. EROSION CONTROL During construction of the subdivision and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the subdivision. Kimball/ 1709 Addition(Lowe's) Developer Agreement Page 6 10D-8 F. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. H. START OF CONSTRUCTION Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds submitted to the City in the name of the City prior to commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by the City to be paid to the City. 4. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance. Kimball/ 1 709 Addition(Lowe's) Developer Agreement Page 7 10D-9 A Pre-Construction Meeting to be held with all Contractors, major Sub-Contractors, Utilities and appropriate Government Agencies. Ill. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL .,. ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City Kimball! 1709 Addition(Lowe's) Developer Agreement Page 8 10D-10 for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This Agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his or her own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have been started within the two (2) Kimball/ 1709 Addition(Lowe's)Developer Agreement Page 9 10D-11 year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES A. OFF-SITE DRAINAGE B. OFF-SITE SEWER (N/A) C. OFF-SITE WATER (N/A) D. PARK FEES accordanco with tho Subdivicion Ordinanco No. '183 , Section 7. . Thore are approximately acres in Addition, which would bring tho total cost of Park Foes to $ The park fees will be paid with the amended developer agreement at the time of construction of building and remaining public infrastructure. E. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Lowe's Companies, Inc. Title: Address: Kimball/ 1709 Addition(Lowe's) Developer Agreement Page 10 10D-12 STATE OF COUNTY OF On , before me, Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: • Sandra LeGrand, City Secretary Date: Kimball i 1709 Addition(Lowe's) Developer Agreement Page 11 10D-13 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1 . The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against i_etters of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Kimball/ 1709 Addition(Lowe's) Developer Agreement Page 12 10D-14 L , 4 .\ .. t - ¢ ai • `i :i -II _ 1 �: c • ='_' j' i -- 11 r. A • t tf c . /1 - ••Of. .1 aa•. .n 11 • -.,: 1'rt. -. ,.a .l l- - ^-%-.. • ,,i i 3 r. — I : l, $ `,. t_ �lr-- i_ l- •I t , — — . J oG r ��:•• i _ 3 i 1 :.1r _ .. a i • -��t"•:'•,��� -- _ - ' _ .e as •� i i 1r::l ' - - _ :;:1,`. •" — '• ', '11 r, • I „.: : , IT:j..L.:_-,. ,r_.Y.:1....... :=:::.-- La.it_j,5 zt .•-• C ,...., •..it ,i „ : :•__ ,;:., :17:: ,:E- --:: i'li-z---,-:":,•— — k:-:4-- :!-.:: :::E :.::: -.."' 1 ' ?.:------—.—---:r1.---....:;.,;.„' i••• • ! ar'-„:ila4=. .a 1 n r 13 1 1: •!.1.•1. / r i• '• 1 .t —= . ,., - f •. Lam. i ! .' '' r1J "'�! ~—° tom^ I ei •. .1i= {: i Ci II r I ` i- - 4-'7 • • I - �..0 t. Imo . 1 I I CI I u F I•e: .' is Tif !, • •.. >Ei >�tiY , L I� .i :iitf •::� ( i• I t C i �••�! —� F T i fc t 1l,� (■ �I �� �!I • — PItt 'II! 4a ll It, �`a:1* ••••• i' :.=1r_w t i...i==- = •-- i t i :•• t; yil:�i \ �� . _ i., ,f• • -- • -I..O•dy,-ft Ltd kC /i i..---7----114..ii, !I 1 LBW .........—Lj.).1 1 -" 10D-15 , City of Southlake, Texas (17 MEMORANDUM April 30, 1999 I � TO: Curtis E. Hawk, City Manager FROM: Ron Harper, Director of Engineering SUBJECT: Establishing project priority and funding participation for the 1999 North Central Texas Council of Governments Call for Projects application Action Requested: Staff requests the City Council to establish a project priority and determine the funding participation for each project by the City for the 1999 North Central Texas Council of Governments (NCTCOG) Call for Projects application. Background Information: On February 12, 1999, the NCTCOG issued a Call for Projects to the cities in the Dallas-Fort Worth, Denton, and Lewisville Urbanized Areas and the cities in the nonattainment areas as designated by the federal Clean (itor Air Act (see attached letter dated February 12, i 999). The City of Southlake is not considered part of the Dallas-Fort Worth, Denton, and Lewisville Urbanized Area at this time. Therefore, the City is not eligible for Surface Transportation Program-Metropolitan Mobility (STP-MM) funds. However, the City of Southlake is part of the nonattainment area (Collin, Denton, Dallas & Tarrant Counties) which qualifies the City for Congestion Mitigation and Air Quality (CMAQ) funds. CMAQ funds can be used for projects that are expected to reduce on-road mobile source emissions. These include intersection improvements, signal system improvements, park-and-ride lots, high occupancy vehicle lanes, etc. There is an estimated $64 million appropriated for CMAQ projects during fiscal years 2000-2003. The projects submitted by the City will be competing with the other cities in Tarrant County for 32% of the estimated S64 million appropriated for CMAQ projects, which is approximately $20.5 million. The remaining 68% of the CMAQ funds are for Dallas, Denton, and Collin Counties. The projects submitted by the City are evaluated, compared to the other projects submitted by other Cities and chosen based on a point system. Attachment 1 shows the selection criteria and corresponding points associated with each. The task of the City Council is determine the City's Lir or local cost participation of the projects submitted. The other criteria are determined by the NCTCOG. 10E-1 (14., Every project that is part of Proposition 1 of the Traffic Management Bond Program is planned to be submitted by Staff. The intent is to obtain CMAQ funding for some of the Proposition 1 projects so that the general obligation funds, if approved by the voters, can be reduced or used on other intersection improvements in the City. Financial Considerations: Attached is the list of projects to be submitted for CMAQ funding. Column 19 refers to whether the project is on the state/federal highway system. If the project is "on-system", TxDOT will provide the required minimum 20% of the construction cost. Therefore, if a project is "on- system" and the City chooses to provide a percentage of the construction cost, additional points will be given in the point evaluation since TxDOT is already providing the minimum 20% match. If a project is "off- system", than the City is required to commit to at least the 20% cost participation. Currer_tly, 20% has been entered on the Call for Projects application for each project (Column 28), regardless whether the project is on- or off- system. The cost participation determined by the City Council will have to be shown and funded in the CIP budget in subsequent years. (N.,, Citizen Input/ Board Review: Not applicable Legal Review: Not applicable Alternatives: The City Council may choose to remove or add intersection improvement projects. Supporting Documents: Letter dated February 12, 1999 from the NCTCOG Attachment 1 1999 NCTCOG Call for Projects Staff Recommendation: Since the projects being submitted are competing with all the other CMAQ projects in Tarrant County, the City Council should prioritize three to four projects that are most likely to receive CMAQ funds. Once the projects are prioritized, the amount of City cost participation should be determined by the City Council. Staff recommends the following projects as priority with the corresponding City cost participation: 10E-2 Priority Project % Cost Participation by City 1 Peytonville/FM 1709 Intersection 26 2 White Chapel/FM 1709 Intersection 26 3 S. Carroll!FM 1709 Intersection ; 26 4 Kimball/FM 1709 Intersection 26 Staff recommends the City committing the minimum 20% match on all the remaining projects. Please place this item on the May 4, 1999 Regular City Council Agenda for City Council review and consideration. • s Approved for Submittal to City Council: Ci L L 10E-3 a ____________ . __ . . L..., _ _ „ . . ...,_,, I„ .. ,�. . 51998 Iti cr:7 C :l Texas CCUrc O'. GCv errs-er.'5 -- -- ' i ' TO: Honorable Mayors and County Judges DATE: February 12, 1999 City Managers and County Administrators Texas Department of Transportation Officials Transportation Authority Officials V North Texas Tollway Authority Officials „ i✓;'�'� FROM: Michael Morris, P.E. Director of TransportationOej ..-1 SUBJECT: 1999 North Central Texas Council of Governments Call for Projects42 iej The North Central Texas Council of Governments (NCTCOG), serving as the Metropolitan �,�'�_ - , Planning Organization (MPO) for the Dallas-Fort Worth, Denton, and Lewisville Urbanized Areas, is required to develop a Transportation Improvement Program (TIP) in cooperation with 1 local governments, the Texas Department of Transportation (TxDOT), and local transportation Lauthorities. The Regional Transportation Council (RTC), as the transportation policy board for the MPO, is responsible for selecting projects in several funding categories. Attachment 1 is a roster of RTC membership. The Congestion Mitigation and Air Quality Improvement Program (CMAQ) directs funds toward transportation projects in nonattainment areas as designated by the federal Clean Air Act These projects must contribute to the attainment of National Ambient Air Quality Standards. Surface Transportation Program—Metropolitan Mobility (STP-MM) funds can be used on any roadway with a functional classification greater than a local road or rural minor collector. Projects funded under the CMAQ and STP-MM categories are the programming responsibility of the MPO in consultation with TxDOT. With this notice, NCTCOG will begin taking requests for funding under the CMAQ and SW-MM Programs. • Eligible applicants include local governments and public sector transportation agencies located within the urbanized area boundary (identified as the STP-MM funding area in Attachment 2), or within the designated nonattainment area of Collin, Dallas, Denton and Tarrant Counties. Private sector individuals and organizations within these areas can also submit projects for funding, provided they secure public sector sponsorship of candidate projects prior to submittal. Project sponsorship must include a commitment to provide at least 20 percent of the total project cost, in order to qualify for the federal CMAQ and STP-MM funding. In the event the project is on the State system, the Texas Department of Transportation will provide the 20 percent match. Attachment 3 includes a general listing of eligible projects. These include projects to support the Regional Travel Demand Management Program that reduce drive-alone travel and peak- period vehicle travel. The Advanced Transportation Management System refers to projects which increase the effectiveness of the surface transportation system, and are based on advanced computer and telecommunications technologies. System Capacity and Management rojects are eligible for funding and listed in Attachment 3. The project selection criteria, \ . . 616 Six Flags Crave. Certerpcint Two P 0. Bcx 5888. Arlington. Texas 76Cing. ;8838 i817) 640-3300 FAX. 817 :cue_ azc_, 10E-4 Page Two February 12, 1999 procedures, and program requirements were presented at public meetings held earlier this month, and were approved by the RTC on February 11, 1999. The general requirements and procedures of the Call for Projects are outlined in Attachment 4. Consistent with RTC Bylaws regarding Calls for Projects, entities wishing to submit under this call may return the attached "Intent to Submit" card. NCTCOG will send out reminder notices two weeks prior to the deadline to the entities that mail or fax an "Intent to Submit" card. Please be aware that RTC Bylaws state that late or incomplete applications will not be accepted and no supplemental information will be accepted after the deadline. Attachment 5 is a section of the RTC Bylaws governing the Call for Projects. Applicants are encouraged to submit their application far enough in advance of the submission deadline to allow NCTCOG to review the material for completeness. Projects submitted for funding under the 1999 NCTCOG Call for Projects must be received in the NCTCOG offices by 5 p.m., Friday, May 14, 1999. No projects will be accepted after that time. In order to expedite the transfer of data to NCTCOG's project evaluators, and to reduce the chance for error in data entry, NCTCOG is requiring all project submittals to be made on diskette, along with a paper copy, using an eiectronic Excei '97 worksheet developed especially for this Call. Please indicate on the Intent to Submit card if your agency would like to have a 3.5" diskette mailed to you. You may also reserve time on computers at NCTCOG offices to enter project information. To do so, please contact Randy Metscher at (817) 608-2317. Or, you may access the application files, along with Le, accompanying instructions, at http://www.dfwinfo.com/transitip/call_for_projects.htm In order to assist project submitters in the development and submission of applications, the following workshops have been scheduled (all workshops will be held in NCTCOG offices, 616 Six Flags Drive in Arlington): • Development of Advanced Transportation Management Projects: March 10, 1:30-3:30 p.m.; March 12, 9:00-11:00 a.m. • Development of Travel Demand Management Projects: March 17, 1:30-3:30 p.m. • Review of Application Software: March 18, 1:30-3:00 p.m.; March 23, 1:30-3:00 p.m. • Administrative and Geometric Requirements (including cost estimate ranges): March 29, 1:00-4:30 p.m.; April 1, 8:30-12:00 p.m. If you have any questions regarding this process or need assistance in the development of candidate projects, please call Dan Rocha at (817) 695-9265. Delivery of submittals can be made to NCTCOG offices at Centerpoint Two, 616 Six Flags Drive, Suite 200, Arlington, Texas 76011. The mailing address for submittal of the diskette and paper copy (both required) is: Michael Morris, P.E. Director of Transportation North Central Texas Council of Governments P.O. Box 5888 Arlington, Texas 76005-5888 10E-5 Page Three February 12, 1999 Thank you in advance for your consideration of the 1999 NCTCOG Call for Projects. Mi ael Moms, P.E. DR:Ir Attachments cc: Michael Eastland, Executive Director, NCTCOG Jack Miller, Chairman, Regional Transportation Council Ron Harmon, NCTCOG Executive Board 1998-99 UPWP Element 3.01 Project File • L 10E-6 ATTACHMENT 1 Regional Transportation Council Jack Miller,Chairman Barbara Mallory Caraway Mayor Cf nember C ty of Denton City ty o of Dallas Ron Harmon,Vice Chairman Kenneth Mayfield Commissioner Commissioner Jenson Cott^.ty Delt Cots-Ay John Murphy,Secretary Bobbie Mitchell Mayor Pro Tem Mayor City of Richardson City of Lewisville Dick Bode Jay Nelson Counc+hnember District Engineer City of Plano TxDOT,Dallas District Ron Brown Bob Phelps Commissioner Mayor E;lis County City of Farmers Branch Jerry Dunn Don Puller Mayor Mayor Pro Tern City of Benbrook City of North Richland Hale Charles England Robert Pope Mayor Board Member City of Grand Prairie Dallas Ares Rapid Transit Lois Finkeiman Mary Pose Councilmember Mayor Pro Tern City of Dallas City of Dallas Sandy Grayson Chuck Silcox Counciknember Mayor Pro Tern LCity of Dallas City of Fort Worth Linda Harper-Brown Steve Simmons Mayor Pro Tern District Engineer City of Irving TxDOT,Fort Worth District Becky Raskin Grady Smithey Councilmember Councilmember City of Fort Worth City of Duncanville Jack Hatched Steve Terrell Commissioner Mayor Collin County City of Alien John Heiman,Jr. Marti VanRavenswaay • Deputy Mayor Pro Tern Commissioner City of Mesquite Tarrant County Jerry Hied Max Wells Executive Director Citizen Representative North Texas Toliway Authority City of Dallas Mice Holland B.Glen Whitley Board Member Commissioner Fort Worth Transportation Authdrity Tarrant County Lowell Hyatt Henry Wilson Councilmernber Councilmember City of Garland City of Hurst Lae Jackson Jewel Woods County Judge Citizen Representative Dallas County City of Fort Worth LSandy Jacobs Vacant Commissioner Cities of Dallas,University Park,and Highland Park Denton County Dottie Lynn Mayor Pro Tern City of Arlington 10E-7 r\ I t rO..r1Oil C IN 1 2 . i • c Limec i' ;o , - L • z E _ c SS - m L 77 S - ;II , • i IP II I I I \ ..-----7-. , z Z o z C 1® 7 L' :< _, I iI uy __� r 3 U) o - ..--'2 k....at . - ,.. z rz ,. . • t..j t W / .... i© �I .. o r J • z fir \\ Lu e� U z - k o LLDi. LL N x" t. {.r '' j I r J I i 1 10E-8 ATTACHMENT 3 1999 NCTCOG CALL FOR PROJECTS Eligible Project Types Regional Travel Demand Management Program Employer-Based Trip Reduction Vanpools and Carpools Park-n-Ride Facilities Special Events Management Transportation Management Associations Similar Projects Which Reduce Drive-Alone or Peak-Period Travel Advanced Transportation Management System' Advanced Traveler Information Systems Advanced Traffic Management Systems Advanced Public Transportation Systems Similar Intelligent Transportation System Projects System Capacity & Management Projects • Freeway,Law Tollway, and Collector Capacity2 Y, P Y2 Fixed Guideway and Other Transit Systems High Occupancy Vehicle Systems Intersection Improvements Signalization Improvements' Grade Separations Freeway Bottleneck Removal Bicycle and Pedestrian Facilities Special Events Management Alternative Fuel Conversion` Similar Capacity and System Management Projects ' Capital projects must have a commitment from the sponsors to future operations. Consistency with national architecture is an eligibility criteria, not a ranking criteria. 2 Candidate projects must be classified higher than a local road or rural minor collector. 3 Eligible projects include signal optimization (can be isolated projects), equipment upgrades (must be part of an interconnected system) and new signals as a part of a new roadway or roadway widening project (must be part of an interconnected system). ° In addition, The Regional Transportation Council has a regional alternative fuels program under consideration. 10E-9 . ATTACHMENT R • L 1999 NCTCOG CALL FOR PROJECTS Procedures and Genera! Requirements 1. Candidate project submittals should be surface transportation projects to be implemented in fiscal years 2000 through 2006. 2. Each local government may submit candidate projects with a total dollar amount not exceeding the available funds for the applicable subarea. Entities in the Eastern Subregion (TxDOT Dallas District-Dallas, Denton, and Collin Couties, and portions of Rockwall, Kaufman, and Ellis Counties) may submit projects totaling no more than $202,780,000. Entities in the Western Subregion (TxDOT Fort Worth District—Tarrant County and a portion of Parker County) may submit projects totaling no more than $93,220,000. Entities whose boundaries are included in both TxDOT Districts may submit projects totaling no more than the Eastern Subregion funding allocation of$202,780,000. 3. STP-MM funds will be committed to selected projects located in the urbanized area boundary (identified as the STP-MM funding area in Attachment 2). CMAQ funds will be l,VmI I I1 LlCU to selected projects IVI..O ICU it I the designated l ilal laUdli 11 i iCl it area of Collin, Dallas, Denton and Tarrant Counties. Those local governments and transportation agencies whose boundaries lie partially within these areas should submit candidate projects only within these areas. Candidate projects which are not within at least one of these areas will Lito,, not i"+c oligihla fnr fi inr-ling 4. Private sector submitters must secure a public sector sponsor for their candidate project(s) to be considered for evaluation and selection, with the request submitted through the public sector sponsor. 5. Eligible candidate projects are listed in Attachment 3. Eligible ancillary costs include engineering, right-of-way, grading, base, pavement, cross drainage, pavement markings, safety features (e.g., guard fence, safety lighting), environmental mitigation (e.g., sound walls), sidewalks, storm sewer, curb & gutter, driveways, and utility adjustments. Ineligible ancillary costs include aesthetic lighting new sidewalks (installation of sidewalks on . street/roadway lane additions does not qualify, but stand-alone sidewalk projects do.) 6. Transportation System Capacity and Management projects will be required to be grouped (minimum of$200,000 total cost) in order to minimize administration costs. Labor force accounts on signal optimization projects are exempt from this provision. 7. Environmental Impact Study commitments will be funded automatically, and NCTCOG will work to secure sponsors for these projects. 8. Transportation System Management and Travel Demand Management recommendations from a completed Major Investment Study (MIS) will automatically be included in Call for Projects, and project sponsors will be requested. An inventory of these projects is being forwarded to the public sector agencies involved in each study. Projects will be evaluated if (41.,,, submitted. 10E-10 ATTACHMENT 5 Ilkowe b. RTC Procedures for Calls for Projects (1) NCTCOG wishes to assist its member governments to the best extent possible assuring fair and equitable treatment for all. NCTCOG has historically provided technical assistance and will continue to do so under this policy. No supplemental information can be submitted or will be accepted after the application deadline. Applicants will be encouraged to submit their applications far enough in advance of the submission deadline to allow NCTCOG to review the material for completeness. Applications submitted just prior to the deadline may not receive any advance review. NCTCOG staff will be able to provide more assistance to the applicant when the Regional Transportation Council's role is to simply nominate a project NCTCOG staff must remain neutral when the Regional Transportation Council selects transportation projects. (2) When the Regional Transportation Council sends out a Call for Projects, the applicant will have an option to return an "Intent to Submit" response card to NCTCOG. This response card will entitle each applicant that returns this card to receive a reminder notice approximately two weeks in advance of the deadline. This reminder will indude a summary of this policy statement reminding applicants that late or incomplete applications will not be accepted. (3) The Regional Transportation Council will communicate these policies when a Call for Projects is initiated. (4) The Regional Transportation Council will not accept any late applications. (5) The Regional Transportation Council will not accept any incomplete applications. (6) Consistent deadlines will be established with the standard deadline being on Friday at 5 p.m. NCTCOG must have the submitted application in hand' at the NCTCOG offices. Postmarked by the published deadline does not constitute an on-time application. Deadlines other than the standard will be communicated in advance to the Regional Transportation Council. (7) Questions on project scores are required previous to Regional Transportation Council selection. No appeals on late or incomplete applications will be accepted. L 10E-11 • .�O' h-G c riP-- 1999 NCTCOG Call for Projects Intent to Submit Please be advised that the agency listed below intends to submit candidate projects for the 1999 North Central Texas Council of Governments (NCTCOG) Call for Projects. I understand that projects submitted for funding under this program must be received in the NCTCOG offices by 5:00 p.m., Friday, May 14, 1399. ! also urdars and that; according to RTC bylaws, late or incomplete applications will not be accepted, and no supplemental information will be accepted after the deadline. Please send a reminder notice to me at the address below 2 weeks in advance of the application deadline. me: St-, v r� �Ca✓ P e , Title: LA-P P^oJ�i S cooRpin;P-1o1z ency: Crry of S,u;}-}LAI( ✓ Address: 6 -] N C.P O LL City: State: •T( Zip Code: - la 0 92— Please send me the application files on diskette _XI will download the files via NCTCOG's website L 10E-12 U1/19'99 17:08 p64030_5 NC'COG "1KAiNSt'UK'1 tjUUZ/OU5 r1 r1 A ■rI■i1 T r■■• J a. ■ I a A 'V+■40eik a ■ Apia wink■=u•1m.w■ r'R .J Jt I CV/ALUM I IUIV UKI I I (IA L...., CONGESTION MITIGATION AND AIR QUALITY :!YIrIW V CMCrm I riNVVIiNJ41111 RITERIA POINTS Current Cost-Effectiveness (1992) 20 Air Quality/Energy Conservation 9n L flea! Cost Participation 20 tn+...... ....1..I n I..u:......I..I IC......."....I 11..L.•t:a.. ran II etc,I I tVYa IV i rviusua I Vau .)VL.iai IVIVviIILy LV Congestion Management System Strategy/ 20 Transportation Control Measure TOTAL 100 • ni,rrnn♦ C_nat-=ffortit/ones Rating ■ IVI I� �IVV� �I IVV�■VV■■VVV ■\i4 LII I� LJU!MIILr VVaI Iru L IIL! I aVIC I 0.00-0.49 0 -I I 0.50-0.99 I 3 I L 1.00- 1.49 ( 5 I 1 1.00 50— 1.99 I 8 —2.99 I 10 1 I '2 !IA A CIO i i I IV.v V— T ../- . ./ ' i >4.99 I 20 I Air uuaiityitnergy Conservation Katinq Dollar Per Pound of Volatile Organic Compound Emission Reductions Score >9a.CIO 0 vv.vv—JJ.JJ J 10.00—49.99 10 5.00-9.99 15 <5.00 20 L 1 10E-13 l`1/19/99 17:U8 pti403UZtt Nl;1CUU '1KANS1-UK'1 t¢JUU3/UUm 'Rh r\Ark • rim Apt mymi rom% I * ■ ■ ■ A TAIL ■ ArigaI0110frA■ I ttl.J JCI_. I CVHLUR I 'UN LKI I CKIM CONGESTION MITIGATION AND AIR QUALITY Iin'i'INAJV iriEiv I rR JUFUMY'y aft Oft I IIYUNoo Pia CU Local Cost Participation Rating Parr_ant Cnmmffman(' Cenro n .,n n —ALv 21 —25 26-30 31 -35 10 36-40 13 41 —45 17 >45 20 riIICrrrrvuaitrausu1 irouati�Ouitit nnuuIIILy mturic9. Mode Occupancy Score Automobile (Occupancy= 1) 0 Goods Movement Pedestrian Rirvrla Tf_111A D. T.......:i n^ UtJ. I I al Iola GaJ Light Rail Commuter Rail HOV Elderly & Disabled Intermodal C_nnnactinn M�nnnamont Avctfsm Atr l sni/ .mow...v.. •v....w vJv..■v.... w�vw..■ �.►v.vaw vJ'• Transportation Control Measure Rating I - Criteria 1 Score )c mmnncari nrniant in the Congestion Management I WI I n Cv—.."- •+.• Qi.•L II I I d I.�.v+c+.d.�4'"2 01.,..? VOJ 1 LV v�wvu c vaaao a r.r.ome nai;o t Ian 1. 1 I 2 10E-14 1 6 t at i 32 :33-- 34... _;emrAacaem PralrtsTypritchaase.reread Prol aDelmar/on Prole=.suers tvR3 Cantata Caw Pnor Pr -o c xe Catmmr4X Proem E dt fionrfsq iocarom t pp a Mutes aaaes Peytomie/FM Intersection 1 Install additional Felt t n lure The Slane ultimate roads Shawn Poe,P.E. 1(817)481-5581 (817)421-5782 h20suptOsman. 1709 Intersection Improvement for westbound FM 1709 traffic. N.PeytormTe will extend x846 net Improvement Construct 8ve-lane ultimate feet north and the Mane roadway for N.Peytonvele&six ultimata roadway for S. I lane ultimate roadway for S. Peytonvile will extend 60 I Peytonviie at FM 1709. Install south of FM 1709 deceleration lane for eastbound traffic on FM 1709 'Alike Chapel/FM Intersection 1 Construct free-lane ultimate I The Slane ukmate roads I Shawn°oe.o E. -9171 431-653' 1,917,421-5792 i h20sup12,1aumrl. 709:ntersection Improvement roadway for White Chapel N.Whte Chapel will ester x846 net Improvement I either side of FM 1709. Install ;600 feet north and 600 fe deceleration lane for I south of FM 1709 eastbound&westbound traffic . I on FM 1709. S.Carroll/FM 1709 Intersection 1 Construct Me-lane ultimate The Slane ultimate roads 'Shawn Poe,P.E. (817)481-5581 (91 7)421.5782 h2Osup/gairmail. Intersection Improvement roadway on S.Carroll at FM S.Carroll will extend 600 I x846 net Improvement 1709. Install deceleration lane south of FM 1709 for eastbound traffic on FM 1709. Randal Mill/FM Intersection 1 Construct Ise-lane ultimate The Slane ultimate roads Shawn Poe.P.E. (817)481-5581 (817)421-5782 h20ss 1®airnai. 1709 Intersection Improvement roadway for Randol Mil at FM Randal Mal will extend 80 x846 net Improvement 1709.Install deceleration lane north of FM 1709 for westbound traffic on FM 1709. FM1709. 'Addition of 1. fnstdtadeceleration len,for Deceleration lanes would (Shawn Poe,PE I(817)481.5581 (817)421.5782 I h20supl©airrnai. Deceleration Ulnas:Lines j eastbound&westbound traffic provide stacking(or 26 Ix846 I I net nt Soutar.7e Lakes f I on FM 1709 it eh*etersecKpn tvehicles I I !Waterbed - of SoutaidgeLabsM/eterford I Intersection': I l I FM 1709 Addition of 1 Install a deceleration lane for Deceleration lanes would Shawn Poe.P.E. I(817)481-5581 (917)421.5782 h20sup1 earnest Deceleration Lanes Lanes eastbound&westbound traffic provide stacking for 8 violI x846 net at Diamond/Byron on FM 1709 at tit a intersection Nelson Intersection of Diamond/Byron Nelson -inawn r•pe,i'.E. a i% 481-5cd i !Dove f SH 114 Intersection t Construct five-lane ultimate The Slane ultimate road` t i ib1%/+21-5%0:. n2;,sup lid. ('-rntersecdroadwayDove on Improvement for at SH 114 Dove will extend 200 fee x846 net rowerrrent and 300 feet west of SHrs se I Shady Oaks/FM Intersection I Construct 3-lane intimate I The 3-lane ultimate roach I Shawn Poe.P.E. (817)481-5581 1181 7)421-5782 h20sup 1 gaimrail. !7 09 Intersection Improvement I I roadway for Shady Oaks at FM I Shady Oaks will extend 5 x846 net Improvement 11709 I feet north of FM 1709. Whit.Chapel/SH Intersection I 1 I ultimateConstruct five-lane ultimate I The 5-lane roads I Shawn Poe.P E. I(817)481-5581 (817)421-5782 h20supl i'�airmai. 114 Intersection Improvement i roadway for White Chapel at Cl/huts Chapel will extend ,x846 (net Improvement OH 114 I feet north and 300 feet s`s I I I IOH 114. I I l se I Karmen/SH 114 'Intersection 1 Construct five-lane.,kmate The 5-lane ultimate road Shawn Poe,P.E. 1(817)481-5581 (817)4215792 h20sup1eeiumar. Intersection Improvement roadway for'Kimball at SH 114 Kimball will extend 500 fr x846 net Improvement north and 500 feet south's 114 se i Carroll/SH 114 Intersection 1 Construct five-lane ultimate The Slane ultimate road Shawn Poe,P E. (817)481-5581 (817)421-5782 h20sup1©airtnai. intersection Improvement roadway for Carroll at SH 114 Carroll will extend 400 fe x846 net Improvement north and 2300 feet souls SH 114 e 1 I (111109' • 10E-15 • • City of Southlake, Texas MEMORANDUM April 29, 1999 TO: Curtis E. Hawk, City-Manager 1 FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Eckerd's Elevation Plans showing Facade Enhancements along F.M. 1709 and the East side of the Building Action Requested: City Council discussion with Eckerd representative regarding their building's enhanced elevations. The Eckerd site_is located at the northeast corner of F.M. 1709 and North White Chapel Blvd. Background Information: This item is before the City Council to view the changes made by Eckerd's to improve the appearance of their building. Recall that during their site plan approval on January 5, 1999, the applicant committed to bringing back to Council enhanced elevations. Please note the site plan provided with the elevations shows changes to the locations of parking, landscape areas, and building footprint. Eckerd's operations personnel, upon reviewing the approved site plan, felt that changes to the parking layout were needed to better accommodate their customers. Although the Eckerd representative may point out the proposed changes to the site plan, no action is required by the Council. A letter from the architect addresses some of the changes. Financial Considerations: None Citizen Input/ Board Review: None Legal Review: None Alternatives: Not applicable. • Supporting Documents: Approved Site Plan for Eckerd's Revised site plan, elevations, color renderings Transmittal letter from Eckerd's architect addressing the changes Staff Observations: No changes occurred to the following: L • Building floor area(11,200 s.f.) • Driveway locations • Building height City of Southlake, Texas Curtis E. Hawk, City Manager April 29, 1999 Page Two Clarification needed on the following points: • Will exit door on the 1709 frontage be painted to match the brick (as stated in the letter) or will it be painted a contrasting color as shown on the color rendering? • Will the 2' x 2' limestone panels be placed on the north, east, and south facades as stated in the letter and as shown on the elevation plans or added only to the east side of the building as indicated on the renderings? Following are additional changes noted by Staff: • While moving the building to the East 30', the building was also moved approximately 6' closer to the residential properties on the North (from 53'6" to 47'6"). This change results in a further encroachment of the building into the 4:1 slope line (previously granted relief during the original site plan approval). • The configuration of the interior landscape areas changed, it appears that the total area actually increased slightly (approximately 440 s.f.) in those areas near the building's entrance. ‘Irev • The screening wall around the loading area was increased from 10' to 12' in height. • An agreement was apparently reached with Dr. Wright (property owner on the East). Eckerd will now share the ingress with Dr. Wright's office and will construct the shared egress lanes. • The stacking depth decreased on the White Chapel Blvd. drive from 28' on the approved plan to 10' on the revised plan. This occurred due to the addition of two parking spaces (previously deleted in the approved plan). These two spaces are needed to meet the required fifty-six (56) parking spaces for the site. A variance of up to 10% of the required number of parking spaces may be requested by the applicant. Staff Recommendations: Due to the building's location being shifted 6' closer to the residences on the North (and exceeds the variance already granted by the Council), I feel that a revised site plan should be processed. At such time, staff will prepare a formal review letter of this or subsequent submittals. Approved for Submittal to City Council: City Ma ffi i1 2 Arcr tecUre Interacts Spcce Rmmg L Rciect MCnggernert AWANCEARCHITECTS �cllcs•r c crCscr Stecren 3.:crns.AIA V1icr cel W. Pcrosn.AIA %utcn E.'Nicxes.AIA Cncrtes J.Recgcn.AIA April 1, 1999 John Maggiore North American Properties —Southwest 14990 Landmark Blvd., Suite 300 Dallas,Texas 75240-6729 Re: Southlake Eckerd Drug Store Dear John, The following design items have been added, deleted or modified on the above referenced project from the City of Southlake approved design: (kr' 1. The building has been moved to the southeast approximately 30 feet. This is to accommodate the new drive aisle, giving customers more direct access to the entry of the building. 2. The dumpster and its enclosure have been rotated counter-clockwise 90 degrees to give better access. 3. The 4' x 4' design articulation on the south elevation has been moved to be centered on the exit door. 4. The exit door will be a raised panel hollow metal door, painted to match the brick. 5. Pilasters have been added to the rear-screening wall. 6. Limestone panels (2' x 2') have been added as design articulation to the north, south and east elevations. If you have any further questions concerning this matter,please do not hesitate to call. Respectfully, lho Michael Hoskins, R.A. Alliance Architects, Inc. 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