1990-01-02 CC Packet .0 City of Southlake, Texas
CITY OF SOU H AKE, TEXAS
REGULAR CITY COUNCIL MEETING JANUARY 2, 1990
LOCATION: 667 North Carroll Avenue, Southlake, Texas
City Council Chambers of City Hall
WORK SESSION: 6:30 P.M.
1. Discussion of all items on tonight's meeting.
REGULAR SESSION: 7:30 P.M.
1. Call to order. Invocation.
2. Approval of the Minutes of the Regular City Council Meeting held on
December 19, 1989.
3. Mayor's Report.
4. City Manager's Report.
CONSENT AGENDA
All items listed below are considered to be routine by the City Council
and will be enacted with one motion. There will be no separate
discussion of items unless a Council member or citizen so request, in
which event the item will be removed from the general order of business
and considered in its normal sequence.
5. Consider: Resolution 90-01. Authorization for the Mayor to enter
into an Interlocal Agreement with Denton County for Fire
Protection.
REGULAR AGENDA
6. Public Forum.
7. Consider: Ordinance No. 480-08, 2nd reading. (ZA 89-64) .
Zoning request for a 5.23 acre tract of land out of the
Thomas M. Hood Survey, Abstract No. 706, Tract 8H.
Current zoning is Agricultural, request is for the
Residential Estates Zoning District.
Location: West Highland between Shady Oaks and North
White Chapel Blvd. Owner: Mary Arnold.
Public Hearing.
City of Southlake, Texas
City Council Agenda
January 2, 1990
page two
8. Consider: Ordinance No.480-09, 2nd reading. (ZA 89-67)
Zoning request for a 3.00 acre tract of land out of the
Thomas Easter Survey, Abstract No. 474, Tract 2A4, and
the Samuel Freeman Survey, Abstract No. 525, Tracts
3A1 and 3B1. Current zoning is Agricultural, request
is for the Commercial-3 Zoning District. Location:
South side of East Southlake Blvd. across from
Bluebonnet Drive. Owner: C.C. Hall Jr.
Public Hearing.
9. Consider: Ordinance No. 480-10, 2nd reading. (ZA 89-69)
Zoning request for a 17.9977 acre tract of land out of
the C.B. McDonald Survey, Abstract No. 1013, Tract
3B1, and 3B2. Current zoning is Agricultural, request
is for the Industrial-2 Zoning District.
Owner: Fina Oil and Chemical CoiiT.:any.
Location: North of Highway 26, across from Grapevine
High School.
Public Hearing.
10. Consider: Ordinance No. 480-11, 1st reading. (ZA 89-71)
Zoning request for a 33.626 acre tract of land out of
the Harrison Decker Survey, Abstract No. 438, Tracts
1B1, 1B1C, and 1B1B.
Current zoning is Industrial-1 with a request for
Industrial-2 Zoning District.
Location: North of Highway 26, across from Grapevine
High School.
Owner: Conoco Inc./CITGO Petroleum Corporation.
Public Hearing.
11. Consider: ZA 89-70. Final Plat of Hershaw Estates , Block 1.
5.476 acre tract out of the Francis Throop Survey,
Abstract No. 1511, Tracts 3A1E2A, 3A1E2, and 3A1E2A1.
1821 Sunshine Lane. Zoning is Single Family-1.
Owner: Melvin Hershaw.
12. Consider: ZA 89-74. Final plat of SouthView, Phase I.
33.003 acres of land out of the William W. Hall
Survey, Abstract No. 695, being the western portion of
Tracts 5 and 5A. The property is located on the west
side of North Carroll Avenue, across from City Hall.
Owner: T.J. McHale; Applicant: Southern Regional
Service.
City of Southlake,Texas
City Council Agenda
January 2, 1990
page three
13. Consider: Ordinance No. 483, 2nd reading. Subdivision Control.
Continuation of public hearing.
14. Consider: Ordinance No. 494, 2nd reading. Pro Rata Fees for
Perimeter Roads.
Public Hearing.
15. Consider: Ordinance No. 493, 2nd reading. Pro Rata Fees for
Off-Site Sewer.
Public Hearing.
16. Consider: Accepting Bid for Copier and awarding contract.
17. Consider: City of Colleyville/City of Southlake Sewer Agreement. .
18. Consider: Water Rates.
19. Consider: Request to waive platting requirements on a tract of
land out of the J.J. Freshour Survey, by C.J. Brewer.
20. Executive Session:
Pursuant to the Open Meeting Law, Article 6252-17 V.T.A.S. ,
Section 2 (e) , 2 (f) , 2 (g) . Refer to posted list of litigations.
A. Discussion: Pending or contemplated litigations. (Refer to
posted list) .
B. Discussion: Personnel Matters, including Boards and
Commissions. (Refer to posted list) .
C. Discussion: Land Acquisition.
D. Return to Open Session.
21. Consider: Action necessary in regards to pending or contemplated
litigations. (Refer to posted list) .
22. Consider: Action necessary in regards to land acquisitions.
City of Southlake,Texas
City Council Agenda
January 2, 1990
page four
23. Consider: Resolution 89-68, appointment to Capital Improvements
Advisory Corrmittee.
24. Meeting Adjourned.
I hereby certify that the above agenda was posted on the official
bulletin board at city hall, 667 North Carroll Avenue, Southlake,
Texas, on Friday, December 29, 1989 at 4:00 p.m. pursuant to the Open
Meetings Law, Article 6252-17 V.T.A.S.
% ,�• c .. . A're
Sandra L. LeGrand •
City Secretary = : ~ ; a
City of Southlake,Texas
EXECUTIVE SESSION
PERSONNEL
The City Council may consider the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City Manager,
City Secretary, City Attorney, Municipal Court Judge and City Boards
and Commission Members. A complete list of the City Boards and
Commissions are on file in the City Secretary's office.
After discussion of any or all of the above in executive session, any
final action or vote taken will be in public by the City Council.
PENDING LITIGATION
The City Council may consider pending and contemplated litigation
subjects. The following subjects may be discussed:
1. Jerry W. Crowder v. City of Southlake. October, 1988.
2. Billie N. Farrar v. City of Southlake. June, 1988.
3. Ray L. Whitmore, Louis Messina and Marie J. Robinson v. City of
Southlake. 1980.
4. Russell Sivey v. City of Southlake. September, 1989 •
5. Swift et. al. v. Lemke and City of Southlake. 1988.
CONTEMPLATED LITIGATION
6. City of Fort Worth, City of Keller and City of Southlake Water
Contract.
7. Walter D. Garrett et. al. v. City of Southlake.
Litigation is, by nature, an on-going process, and questions may arise
as to trial tactics which need to be explained to the City Council.
Upon occasion, the City Council may need information from the City
Attorney as to the status of the pending or contemplated litigation
subjects set out above. After discussion of the pending and
contemplated litigation subjects, in executive session, any final
action, or vote taken, will be in public.
If personnel issues or litigation issues arise as to the posted subject
matter of this City Council Meeting, an executive session will be held.
SLL 12/29/89
City of Southlake,Texas
MEMORANDUM
December 28 , 1989
TO: Curtis E. Hawk, City Manager
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Interlocal Agreement for Fire Service
Denton County
On December 14 , 1989 , Mayor Fickes received the attached
information from Denton County Judge Vic Burgess . The
Interlocal Agreement for Fire Service is to be effective for
the year 1989-1990 .
This is a standard agreement, renewing an existing
agreement. I have forwarded a copy to the Fire Chief and he
has no problem with this document. The amounts have changed
however, with the 1988-89 agreement showing payment to the
City of Southlake as $5 , 000 . with $85 . 00 per call as opposed
to the Fiscal Year 1989-90 agreement showing payment to the
City of Southlake as $4 ,750 . with $80 . 75 per fire call.
If you have any questions, I will assist in answering your
questions .
SLL/s1
�.. f
City of Southlake,Texas
RESOLUTION NO. 90-01
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE
MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT FOR
FIRE PROTECTION SERVICES WITH DENTON COUNTY.
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Southlake,
Texas, deems it to be in the best interest, health , and welfare
of the citizens of Southlake to enter into an interlocal
agreement with Denton County for Fire Protection Services; and,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS , THAT:
Section 1 . That the City Council hereby approved the agreement
between the City of Southlake and Denton County for Fire
Protection Services, in the form attached hereby as Exhibit "A"
and authorizes and directs the Mayor to execute and have
delivered such agreement to Denton County Commissioners Court.
Section 2 . That this Resolution shall be in full force and
effect from and after its passage.
PASSED AND APPROVED this the day of , 1990 .
CITY OF SOUTHLAKE, TEXAS
By:
1 Gary Fickes , Mayor
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM: 6 ,
City Attorney
City of Southlake, Texas
fln ! ltr`\IAI .
THE STATE OF TEXAS )(
COUNTY OF DEMON )(
INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES
This agreement is made and entered by and between Denton County, a political
subdivision of the State of Texas, hereinafter referred to as "County", and the City
of SOUTHLAKE a municipal corporation or incorporated volunteer fire department located
in Denton County, Texas, hereinafter referred to as "AGENCY".
WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas
engaged in the administration of County Government and related services for the benefit
of the citizens of Denton County; and
WHEREAS, AGENCY is a municipal corporation or incorporated volunteer fire
department , duly organized and operating under the laws of the State of Texas and is
engaged in the provision of fire protection service and related services for the benefit
of the citizens of Denton County; and
WHEREAS, AGENCY is the owner and operator of certain fire protection vehicles
and other equipment designed for the extinguishing of fire and prevention of damage
to property and injury to persons from fire and has in its employ trained personnel
whose duties are related to the use of such vehicles and equipment; and
WHEREAS, COUNTY desires to obtain fire protection services rendered by
AGENCY , as more fully hereinafter described, for the benefit of the residents of Denton
County, Texas; and
WHEREAS, the provision of fire protection services is a governmental function
that serves the public health and welfare and is of mutual concern to the contracting
parties; and
•
WHEREAS, COUNTY and AGENCY mutually desire to be subject to the provisions
of TEX. REV. CIV. STAT. Art. 4413 (32c), the Interlocal Cooperation Act and Sections
352.001 and 352.004 Local Government Code and contract pursuant thereto; NOW ,
THEREFORE, COUNTY AND AGENCY , for the mutual consideration hereinafter stated,
agree as follows:
The effective date of this agreement shall be the 1st day of October, 1989.
II.
The initial term of this Agreement shall be for the period of October 1 , 1989 to
and through September 30, 1990. Thereafter, this agreement shall be renewed for
successive additional one year terms commencing on October 1 of each year if the
COUNTY and AGENCY agree in writing on or before the first day of September, to
the amount of consideration to be paid hereunder for each successive term; provided,
however, that each party may terminate this agreement by giving the ,other party written
notice of intent to terminate sixty (60) days after such notice.
III.
Services to be referred hereunder by AGENCY are fire protection services normally
rendered within the AGENCY Fire Department, as hereinafter defined, to citizens of
COUNTY , to wit:
A. The availability and provision of emergency fire prevention, extinguishment,
safety and rescue services within the agreed or specified territory or jurisdiction of
the AGENCY Fire Department described on Exhibit A hereto; said services to be
rendered as described herein by said Department in all unincorporated areas within the
above referenced operating territory or jurisdiction of such Department, the referenced
services as set out herein are rendered by said Department in consideration of the basic
funding referenced elsewhere herein and the
�J�! 1
per-call fee set out elsewhere herein, for the common good and benefit and to serve
the public convenience and necessity of the citizens of Denton County who are not
otherwise protected with respect to fire prevention, extinguishment , safety and rescue
services.
B. The AGENCY Fire Department shall respond to requests for fire protection
services made within the rural areas of COUNTY , described on Exhibit A attached
hereto for the enumerated fire protection services.
C. The COUNTY agrees that in the event a fire in the designated area of the
AGENCY is considered to be of incendiary nature by the AGENCY and upon request by
the AGENCY, the County Sheriff will dispatch investigation personnel to the fire scene
within a response time sufficient to legally maintain and protect all evidence of said
fire and will conduct all appropriate investigation and prosecution of arsonists.
D. It is further agreed that the AGENCY shall not be responsible for investigations
of suspected incendiary fires in rural area, but shall be expected to cooperate with
the County Sheriff in immediately relating all pertinent information possible to the
investigator(s).
E. It is recognized that the officers and employees of AGENCY'S Fire Department
have duties and responsibilities which include the rendition of fire protection services,
and it shall be the responsibility and within the sole discretion of the officers and
employees of said Fire Department to determine priorities in the dispatching and use
of such equipment and personnel , and the judgment of any such officer or employee as
to any such matter shall be in all things final.
IV.
The COUNTY shall designate the County Judge to act on behalf of COUNTY , and
to serve as "Liaison Officer" between COUNTY and AGENCY. The County Judge or
his designated substitute shall insure the performance of all duties and obligations of
COUNTY herein stated; and, shall devote sufficient time and attention to the execution
of said duties on behalf of COUNTY in full compliance with the terms and conditions
of this agreement ; and, shall provide immediate and direct supervision of COUNTY'S
employees, agents, contractors, sub-contractors, and/or laborers, if any; in the futherance
of the purposes, terms and conditions of this Agreement for the mutual benefit of
COUNTY and AGENCY.
V.
AGENCY shall insure the performance of all duties and obligations of AGENCY
as herein stated; and, shall devote sufficient time and attention to the execution of
said duties on behalf of AGENCY in full compliance with the terms and conditions of
this agreement; and, shall provide immediate and direct supervision of the AGENCY
employees, agents, contractors, sub-contractors, and/or laborers, if any, in the
furtherance of the purposes, terms and conditions of this Agreement for the mutual
benefit of AGENCY and COUNTY.
VI.
For the services hereinabove stated, COUNTY agrees to pay to AGENCY, for the
full performance of this agreement, the sum of FOUR THOUSAND SEVEN HUNDRED
FIFTY AND 00/100 ($4,750.00) Dollars upon execution of this agreement and the sum
of Eighty and 75/100 ($80.75) Dollars per fire call in the designated unincorporated
areas of Denton County, Texas. AGENCY understands and agrees that payment by
COUNTY to the AGENCY shall be made in accordance with the normal and customary
processes and business procedures of COUNTY , and in conformance with applicable state
law.
VII
COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or
omissions of all COUNTY'S officers, empolyees, and agents while within its City Limits.
~' //
VIII
COUNTY and AGENCY understand and agree that liability under this contract is
governed by Article 4413 (32c) S4g and Section 352.004 Local Government Code. This
agreement is made in contemplation of the applicability of these laws to the agreement.
In so far as legally possible COUNTY and AGENCY agree to be bound by the above
mentioned statutes as they exist as of the date of this agreement.
IX.
In the event of any default in any of the covenants herein contained, this agreement
may be forfeited and terminated at either party's discretion if such default continues for
a period of ten (10) days after notice to the other party in writing of such default
and intention to declare this agreement terminated. Unless the default is cured aforesaid,
this agreement shall terminate and come to an end as if that were the day originally
fixed herein for the expiration of the agreement.
X.
T his agreement may be terminated at any time, by either party giving sixty (60)
day advance written notice to the other party. In the event of such termination by
either party, AGENCY shall be compensated pro rata for all services performed
totermination date, together with reimbursable expenses then due and as authorized by
this agreement. In the event of such termination, should AGENCY be overcompensated
on a pro rata basis for all services performed to termination date, and/or be
overcompensated for reimbursable expenses as authorized by this agreement, then
COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of
such reimbursement shall not constitute a waiver of any claim that may otherwise arise
out of this agreement.
X].
The fact that COUNTY and AGENCY accept certain responsibilities relating to
J �.
the rendition of fire protection services under this agreement as a part of their
responsibility for providing protection for the public health makes it imperiative that
the performance of these vital services be recognized as a governmental function and
that the doctrine of governmental immunity shall be, arid it is hereby invoked to the
extent possible under the law. Neither AGENCY nor COUNTY waives or shall be deemed
hereby to waive, any immunity or defense that would otherwise be available to it against
claims arising from the exercise of governmental powers and functions.
XII.
This agreement represents the entire and integrated agreement between AGENCY
and COUNTY and supersedes all prior negotiations, representations and/or agreements,
either written or oral. This agreement may be amended only by written instrument
signed by both AGENCY and COUNTY.
XIII.
This agreement and any of its terms or provisions, as well as the rights and duties
of the parties hereto, shall be governed by the laws of the State of Texas.
XIV
In the event that any portion of this agreement shall be found to be contrary to
law it is the intent of the parties hereto that the remaining portions shall remain valid
and in full force and effect to the extent possible.
XV
The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this agreement on
behalf of the parties hereto, and each party hereby certifies to the other that any
'
necessary resolutions extending said authority have been duly passed and are now in
full force and effect.
Executed in duplicate originals this, the day of
, 1989.
COUNTY OF DENTON
BY: BY:
COUNTY JUDGE
ATTEST: ATTEST:
BY: BY:
DEPUTY , COUNTY CLERK
"AGENCY"
BY:
FIRE CHIEF' DATE
BY:
MAYOR DATE
APPROVED AS TO FORM AND CONTENT:
Rob Morris
DENTON COUNTY ATTORNEY
'/L,"
•
STATE OF TEXAS )(
COUNTY OF DENTON )(
BEFORE ME, the undersigned authority, on this day personally appeared the
Honorable Vic Burgess, Denton County Judge, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he executed the
foregoing Interlocal Cooperation Agreement for the purposes and consideration therein
expressed, in the capacity stated, and as the act and deed of said County.
GIVEN under my hand and seal of office this the day of , I989.
Notary Public in and for the State of Texas.
My Commission expires:
(Notary's Printed Name)
SEAL
THE STATE OF TEXAS )(
COUNTY OF DENTON )(
BEFORE ME, the undersigned authority, on this day personally appeared,
, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the foregoing Interlocal
Cooperation Agreement for the purposes and consideration therein expressed, and in
the capacity stated, and as the act and deed of said AGENCY.
GIVEN under my hand and seal of office this the day of , 1989.
Notary Public in and for the State of Texas.
My Commission expires:
(Notary's Printed Name)
SEAL
/,
City of Southlake,Texas
MEMORANDUM
December 28 , 1989
TO: Curtis E. Hawk, City Manager
•
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 89-64 Zoning Change Request
ZA 89-64 is a zoning change request for 5 . 23 acres out of
the Thomas M. Hood Survey, Abstract No. 706 , Tract 8H.
The tract is located on the north side of West Highland
Street between Shady Oaks Drive and North White Chapel Blvd.
The owner of the tract is Mary L. Arnold.
The current zoning is Agricultural; the requested zoning is
Residential Estate.
The Future Land Use Map indicates Low Density Residential
use in the area.
There were nine (9) letters sent to property owners within
200 feet. To date, there has been one inquiry regarding
this zoning request. Mr. Seebeck, 480 W. Highland, was
concerned about the number of homes to be built. After
learning Mrs. Arnold' s plans, he offered no opposition.
On December 7 , 1989 , the Planning and Zoning Commission
recommended approval (4-0) of the zoning request.
On December 19 , 1989 , the City Council approved (5-0) the
First Reading of Ordinance No. 480-08 . They suggested that
the applicant provide the City an agreement that the
existing home be removed within 60 days of the issuance of a
temporary Certificate of Occupancy for the new home to be
constructed on site.
KPG/ew
'7— I
•
•
TRACT Q LAND
IIf '
T. N. RCM SURVEY, A-706
TARRANT COUNTY, TEXAS
•
The following described tract or parcel of land situated in the TM.
• Hood Survey, A-706, Tarrant County. 'texas and being the same tract as
recorded on Page 281 of Values 6008 in the Tarrant County Cued Records
and being mare particularly described as follows:
• BEGINNING at an old iron rod at the Northwest corner of a• 5.0 acre
tract as recorded on Page '861 of Lbluea 6433 in the Tarrant County
Creed Records and being by deed SouSI a distance of 712.5 varas. West
a distance of 475 varas, and S 89 32' W a distance of 462.3 feet
fras the Northeast corner of said T.M. Hood Survey;
THENCE S 0° 19' E, at a distance of 648.0 feet an old iron rod in
the North line of west Highland ,Road, a total distance of 659.7 feet;
THENCE S 89° 32' W along said West Highland Goad a distance of
344.66 feet;
THENCE N 0° 26' W. at a distance of 11.7 feet the North line of
said West Highland Read and at a distance of 42.0 feet an old iron
rod at the Southeast corner of Lot 2-8-2-C, Block 1, BURNETT ACRES
ACCIT:CN, an addition to the City of Southlake, Tarrant County. Texas
according to the plat recorded on Page 71 of Volume 388-171 in the
Tarrant Canty Plat Records, a total distance of 659.7 feet to an old
iron rod at the Northeast corner of I.ot 2-8-2-A, said .Block 1, said
BURNS : ACRES ACCITICN;
THENCE N 39° 32' E a distance of 346.0 feet to place of beginning,
containing 5.23 acres or 227,313 square feet with approximately 0.093
acre or 4032 square feet being occupied by said West Highland Road,
leaving a net acreage of 5.137 acres or 223,780 square feet of land.
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4
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-08
AN ORDINANCE AMENDING ORDINANCE NO. 480 , THE
ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A ZONING CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING APPROXIMATELY A 5 . 23
ACRE TRACT OF LAND OUT OF THE THOMAS M. HOOD
SURVEY, ABSTRACT NO. 706 , TRACT 8H, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM AGRICULTURAL ZONING DISTRICT USES TO
RESIDENTIAL ESTATE ZONING DISTRICT USES IN
ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO,
WITH THE SPECIFIC REQUIREMENTS CONTAINED IN
THIS ORDINANCE, CORRECTING THE OFFICIAL ZONING
MAP; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; PROVIDING A SEVERABILITY
CLAUSE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2000 . 00) AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS , AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS , the City instituted a zoning case to amend the
official Zoning District Map of the City of Southiake , Texas , as
required by State Statutes and the Zoning Ordinance of the City of
Southiake, Texas , and all the legal requirements , conditions and
prerequisites have been complied with, the case having come before
the City Council of the City of Southiake , Texas, after all legal
notices, requirements conditions and prerequisites having been
complied with; and,
WHEREAS, the City Council of the City of Southiake, Texas, at
a public hearing called by the City Council did consider the
following factors in making a determination as to whether these -
changes should be granted or denied; safety of the motoring public
and the pedestrians using the facilities in the area immediately
surrounding the sites , safety from fire hazards and damages, noise
producing elements and glare of the vehicular and stationary lights
and effect of such lights on established character of the
neighborhood, location , lighting and types of signs and relation of
signs to traffic control and adjacent property, street size and
adequacy of width for traffic reasonably expected to , be generated
by the proposed • use around the site and in the immediate
neighborhood, adequacy of parking as determined by requirements of
this ordinance for off-street parking facilities , location of
ingress and egress points for parking and off-street loading
spaces, and protection of public health by surfacing on all parking
areas to control dust, effect on the promotion of health and the
general welfare , effect on light and air, the effect on the
over-crowding of the land, the effect on the concentration of
7-- 7
population, the effect on the transportation, water, sewerage,
schools , parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council of the City of
Southlake , Texas did consider the following factors in making a
determination as to whether the requested changes should be granted
or denied, effect on the congestion of the streets, the fire
hazards, panics and other dangers possibly present in the securing
of safety from same, the effect on adequate light and air, the
effect on the 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 , encourage the most
appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that there is a public necessity for the zoning changes,
that the public demands them, that the public interest clearly
requires the amendments, 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, facilities the adequate provisions of
transportation, water, sewerage, schools , parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change -
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at lhrge,
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 COUNCIT, OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1 . That Ordinance No. 480 , the Zoning Ordinance of
the City of Southlake , Texas, passed on the 19th day of September,
1989, as originally adopted and amended, is hereby amended and
changed in the following particulars and all other existing
Sections , Subsection , Paragraphs , Sentences , Definition , Phrases,
-2-
and Works of said zoning Ordinance are not amended, but remain
intact and are hereby ratified , verified and affirmed.
A. That the allowed use of a certain tract or tracts of
land being approximately a 5. 23 acre tract of land out of
the Thomas M. Hood Survey, Abstract No. 706 , Tract 8H, and
more fully and completely described in exhibit "A" from
Agricultural Zoning District uses to Residential Estate
Zoning District uses in accordance with the exhibit
attached hereto, and incorporated herein, and with the
specific requirements contained in the Ordinance .
Section 2 . .The City Manager is hereby directed to correct the
official zoning district maps 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 .
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 present over-crowding of land , to avoid undue
concentration of population; to facilitate the adequate provisions
of transportation, water, sewerage , drainage and surface water,
parks and other commercial needs and development of the community.
They have been made with reasonable suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 5 . 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 violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon
-3-
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2000 . 00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
Section 8 . The fact that the present zoning ordinance and
regulations of the City are inadequate to properly safeguard the
health, safety, morals, peace and general welfare of the
inhabitants of the City, creates an emergency for the immediate
preservation of the City of the public business, property, health,
safety and general welfare of the public which requires that this
ordinance shall become effective from and after the date of its
final passage, and it is accordingly so ordained.
PASSED AND APPROVED on the 1st reading the day of
, 1989 .
PASSED AND APPROVED on the 2nd reading the day of
, 1989 .
Gary Fickes, Mayor
City of Southlake
ATTEST:
Sandra L. LeGrand,
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake
•
4 1
-/O
-4-
City of Southlake,Texas
MEMORANDUM
December 28 , 1989
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator.
SUBJECT: ZA 89-67 Zoning Change Request
ZA 89-67 is a zoning change request for 3 . 00 acres out of
the Thomas Easter Survey, Abstract No. 474 , Tract 2A4, and
the Samuel Freeman Survey, Abstract No. 525 , Tracts 3A1 and
3B1 .
The tract is located on the South side of East Southlake
Blvd. across from Bluebonnet Drive.
The owner of the tract is C.C. Hall, Jr.
The current zoning is Agricultural; the requested zoning is
Commercial-3 . The proposed use is for a printing company.
The Future Land Use Map indicates Mixed Use for the area.
This designation allows commercial and/or residential but no
industrial. This Map further shows the tract to be within
the 65 Ldn noise contour.
There were eight (8) letters sent to property owners within
200 feet. To date, there have been two (2) responses.
Howard Carr was opposed to the Commercial-3 adjacent to the
residential zoning and use , but was not opposed to
Commercial-2 . Donald Stuck was in favor of the request.
On December 7 , 1989 , the Planning and Zoning Commission
recommended approval (4-0) of this zoning request. They
suggested that the applicant consider Mr. Carr' s property as
SF-1 when planning the buffer yards .
On December 19 , 1989 , the City Council approved (5-0) the
First Reading of Ordinance No. 480-09 .
KPG/ew
8 - I
METES & BOUNDS OF PROPERTY TO BE REZONED
Description for a tract of land in the ThdMas taster
Survey, Abstract Number 474, and the Samuel Preemail
Survey, Abstract Number 626, ?'errant County, Texas, and
more particularly, being that tract of land ; dederibed in a
deed to C. C. Hall , Jr. , recorded 10 Vol u11e 4282,' Pate
649, Deed Records, Tarrant County; ' Texas►, an belie
described by metes and bounds e s follow, :
BEGINNING at a point in the existing southerly line of Pi
M. Highwy 1709 which lies by deed call , 66.6 feet , North,
00 degrees 07 minutes East from the northwest, corner, of
said Easter Survey:
THENCE South 72 degrees 30 minutes 08 seconds East a __ -•
distance of 382. 37 feet along the Southerly line of P. M.
Highway 1709:
THENCE South 00 degrees 02 minutes 32 seconds West a
distance of 301 . 10 feet :
THENCE North 89 degrees 49 minutes 60 seconds West a
distance of 366. 60 feet ;
THENCE North 00 degrees 10 minutes 30 seconds East a
distance of 415. 01 feet to the POINT OP BEGINNING, said
described tract containing 3.00 acres of land ,
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-09
AN ORDINANCE AMENDING ORDINANCE NO. 480 , THE
ZONING 'ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A ZONING CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING APPROXIMATELY A 3 . 00
ACRE TRACT OF LAND OUT OF THE THOMAS EASTER
SURVEY, ABSTRACT NO. 474 , TRACT 2A4 , THE SAMUEL
FREEMAN SURVEY, ABSTRACT NO. 525 , TRACTS 3A1
AND 3B1 , AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL
ZONING DISTRICT USES TO COMMERCIAL-3 ZONING
DISTRICT USES IN ACCORDANCE WITH THE EXHIBIT
ATTACHED HERETO, WITH THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE, CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; PROVIDING A _
SEVERABILITY CLAUSE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN
MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2000 . 00) AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City instituted a zoning case to amend the
official Zoning District Map of the City of Southlake, Texas , as
required by State Statutes and the Zoning Ordinance of the City of
Southlake, Texas, and all the legal requirements , conditions and
prerequisites have been complied with, the case having come before
the City Council of the City of Southlake, Texas, after all legal
notices, requirements conditions and prerequisites having been
complied with; and,
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council did consider the
following factors in making a determination as to whether these
changes should be granted or denied; safety of the motoring public
and the pedestrians using the facilities in the area immediately
surrounding the sites, safety from fire hazards and damages, noise
producing elements and glare of the vehicular and stationary lights
and effect of such lights on established character of the
neighborhood, location, lighting and types of signs and relation of
signs to traffic control and adjacent property, street size and
adequacy of width for traffic reasonably expected to be generated
by the proposed use around the site and in the immediate
neighborhood, adequacy of parking as determined by requirements of
this ordinance for off-street parking facilities , location of
ingress and egress points for parking and off-street loading
spaces, and protection of public health by surfacing on all parking
areas to control dust, effect on the promotion of health and the
general welfare, effect on light and air, the effect on the
over-crowding of the land, the effect on the concentration of
the effect on the transportation, water, sewerage,rpopuiation, ,
schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council of the City of
Southlake, Texas did consider the following factors in making a
determination as to whether the requested changes should be granted
or denied, effect on the congestion of the streets, the fire
hazards, panics and other dangers possibly present in the securing
of safety from same, the effect on adequate light and air, the
effect on the 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, encourage the most
appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that there is a public necessity for the zoning changes,
that the public demands them, that the public interest clearly
requires the amendments , 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, facilities the adequate provisions of
transportation, water, sewerage, schools , parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there, has been a
change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large,
the citizens of the City of Southlake, Texas, and helps promote the
general health, safety and welfare of the community.
. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIT OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1 . That Ordinance No. 480 , the Zoning Ordinance of
the City of Southlake , Texas , passed on the 19th day of September,
1989 , as originally adopted and amended, is hereby amended and
changed in the following particulars and all other existing '
Sections, Subsection, Paragraphs, Sentences , Definition, Phrases,
-2-
Iiiiirr
and Works of said zoning Ordinance are not amended, but remain
intact and are hereby ratified, verified and affirmed.
A. That the allowed use of a certain tract or tracts of
land being approximately a 3 . 00 acre tract of land out of
the Thomas Easter Survey, Abstract No. 474 , Tract 2A4 , and
the Samuel Freeman Survey, Abstract No. 525 , Tracts 3A1
and 3B1 , and more fully and completely described in
exhibit "A" from Agricultural Zoning District uses to
Commercial-3 Zoning District uses in accordance with the
exhibit attached hereto, and incorporated herein, and with
the specific requirements contained in the Ordinance.
Section 2. The City Manager is hereby directed to correct the
official zoning district maps 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.
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 present over-crowding of land, to avoid undue
concentration of population; to facilitate the adequate provisions
of transportation, water, sewerage , drainage and surface water,
parks and other commercial needs and development of the community.
They have been made with reasonable suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 5 . 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 violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon
gr67
-3-
Iiiiiir
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2000 . 00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
Section 8 . The fact that the present zoning ordinance and
regulations of the City are inadequate to properly safeguard the
health, safety, morals, peace and general welfare of the
inhabitants of the City, creates an emergency for the immediate
preservation of the City of the public business , property, health,
safety and general welfare of the public which requires that this
ordinance shall become effective from and after the date of its
final passage , and it is accordingly so ordained.
PASSED AND APPROVED on the 1st reading the day of
, 1989 .
PASSED AND APPROVED on the 2nd reading the day of
, 1989 .
Gary Fickes, Mayor
City of Southlake
ATTEST:
Sandra L. LeGrand,
' City Secretary
APPROVED AS TO FORM: •
-
City Attorney
City of Southlake
V''';/2)
•
City of Southlake,Texas
MEMORANDUM
December 28 , 1989
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 89-69 Zoning Change Request
ZA 89-69 is a zoning change request for 17 . 9977 acres out of
the C.B. McDonald Survey, Abstract No. 1013, Tracts 3A, 3B1,
and 3B2 .
The property is located North of Highway 26 across from the
Grapevine High School Stadium.
The owner of the property is Fina Oil and. Chemical Company.
The current zoning is Agricultural; the requested zoning is
Industrial-2.
The Future Land Use Map indicates Industrial use for the
area.
There were six (6) letters sent to property owners within
200 feet. To date, there have been no responses or
inquiries regarding this request.
Fina owns a 2. 7653 acre tract of land to the South of this
property which is outside the City limits. It is in
Southlake extra-territorial jurisdiction. None of their
facilities are on the property.
On December 7 , 1989 , the Planning and Zoning Commission
recommended approval (4-0) of the zoning request.
On December 19 , 1989 , the City Council approved (5-0) the
First Reading of Ordinance No. 480-10 .
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LEGAL DESCRIPTION
GRAPEVINE TERMINAL
FINA OIL AND CHEMICAL COMPANY
11/14/89
Being a tract or parcel of Land out of the C. B. McDonald Survey, Abstract
#1013, situated in the City of Southlake, Tarrant County, Texas, and more
particularly all of that certain 19.050 Acre Tract as described in Volume
3707, page 47, Deed Records, Tarrant County, Texas, and a part of Tract #3, as
described in a correction warranty deed recorded in Volume 7053, page 903,
Deed Records, Tarrant County, Texas, and both tracts being described as One
Tract, as follows:
BEGINNING at a 1/4" iron pin set in concrete for the northwest corner of said
18.050 Acre Tract, said iron pin being by deed description South 00 degrees -
12' East: 425.0 feet from the northeast corner of the H. Decker Survey;
THENCE South 89 degrees - 44' - 51" East along the north line of said 18.050
Acre Tract at 648.44 feet passing a 3/4" iron pin at a fence corner, in all
959.96 feet to a 1/4" iron pin set in concrete for the northeast corner of
said 18.050 Acre Tract, said iron pin being at a fence corner;
THENCE South 00 degrees - 14' - 54" West along a fence and the east line of
said 18.050 Acre Tract, 645.61 feet to a Bois D'Arc stake at a fence corner
and in the northerly right-of-way line of St. Louis - Southwestern Railway
Company, for the southeast corner at said 18.050 Acre Tract;
THENCE South 54 degrees - 35' - 00" West along the northerly right-of-way line
said Railway, 762.05 feet to a 1/2" iron pin for corner, said iron pin being
the east corner of a certain 0.1457 Acre Tract in said survey as recorded in
Volume 5569, page 987, of said Deed Records;
THENCE South 89 degrees - 35' - 39" West along the north line of said 0.1457
Acre Tract, a distance of 331.15 feet to a 1/2" iron pin for corner in the
west line of said Tract #3;
THENCE North 00 degrees - 24' - 21" West along the west line of said Tract #3,
239.80 feet to a 3/4" iron pin for the northwest corner of said Tract #3 and
the southwest corner of said 18.050 Acre Tract;
THENCE North 00 degrees - 13' - 07" West along the west line of said 18.050
Acre Tract a distance of 854.0 feet to the point of beginning and containing
20.763 Acres of Land.
SAVE AND EXCEPT Subject 2.7653 Acre Tract compiled 11/14/89 by Michael J.
Nelson surveyor, see attached drawing.
-9-6
Zoning Description
BEING a 2 .7653 acre tract situated in the C.B. McDonald Survey,
Abstract No. 1013 , City of Southlake, Tarrant County, Texas, and
being a portion of a 20 .763 acre tract of land as described by
deed to Fina Oil and Chemical Company and Champlin Petroleum
Company and recorded in Volume 8309, Page 532, Deed Records,
Tarrant County, Texas, said 2.7653 acre tract of land being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2" iron pin at the southwest corner .of said
20 .763 acre tract;
THENCE North 00' - 24 ' - 21" West, along the west line of said
20 .763 acre tract, 239. 80 feet to a 3/4" iron pin at the northwest
corner of said 2 .7653 acre tract;
THENCE North 89' - 35 ' - 39" East, along the north line of said
2 .7653 acre tract, 673 . 48 feet to a point in the northwesterly
right-of-way line of the St. Louis & Southwestern Railroad;
THENCE South 54' - 35 ' - 00" West, along said right-of-way line,
417. 97 feet to a 1/2" iron pin at the most southerly southeast
corner of said 20 . 763 acre tract;
THENCE South 89' - 35 ' - 39" West, along the southerly line of
said 20 .763 acre tract, 331 . 15 feet to the POINT OF BEGINNING and
containing 2 .7653 acres of land.
This description was compiled from a previous survey dated
02/29/84 and revised 04/14/86 .
See attached map exhibit dated 11/14/89 .
November 14 , 1989
r"
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-10
AN ORDINANCE AMENDING ORDINANCE NO. 480 , THE
ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A ZONING CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND WITHIN THE CITY OF
-SOUTHLAKEi TEXAS -BEING APPROXIMATELY A 17 . 9977 -
ACRE TRACT OF LAND OUT OF THE C.B. MCDONALD
SURVEY, ABSTRACT NO. 1013 , TRACTS 3B1 AND 3B2 ,
AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT, "A" FROM AGRICULTURAL ZONING DISTRICT
USES TO INDUSTRIAL-2 ZONING DISTRICT USES IN
ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO,
WITH THE SPECIFIC REQUIREMENTS CONTAINED IN
THIS ORDINANCE, CORRECTING THE OFFICIAL ZONING
MAP; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; PROVIDING A SEVERABILITY
CLAUSE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF. TWO THOUSAND
DOLLARS ($2000 . 00) AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED UPON EACH DAY DURING OR, ON
WHICH A VIOLATION OCCURS, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City instituted a zoning case to amend the
official Zoning District Map of the City of Southlake, Texas, as
required by State Statutes and the Zoning Ordinance of the City of
Southlake , Texas , and all the legal requirements, conditions and
prerequisites have been complied with, the case having come before
the City Council of the City of Southlake, Texas , after all legal
notices , requirements conditions and prerequisites having been
complied with; and,
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council did consider the -
following factors in making a determination as to whether these
changes should be granted or denied; safety of the motoring public
and the pedestrians using the facilities in the area immediately
surrounding the sites , safety from fire hazards and damages, noise
producing elements and glare of the vehicular and stationary lights
and effect of such lights on established character of the
neighborhood, location, lighting and types of signs and relation of
signs to traffic control and adjacent property, street size and
adequacy of width for traffic reasonably expected to-.be generated
by the proposed use around the site and in the immediate
neighborhood, adequacy of parking as determined by requirements of
this ordinance for off-street parking facilities, location of
ingress and egress points for parking and off-street loading
spaces , and protection of public health by surfacing on all parking
areas to control dust, effect on the promotion of health and the
general welfare, effect on light and air, the effect on the
over-crowding of the land, the effect on the concentration of
g r
la
population, the effect on the transportation, water, sewerage,
schools , parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council of the City of
Southlake, Texas did consider the following factors in making a
determination as to whether the requested changes should be granted
or denied, effect on the congestion of the streets, the fire
- - ---hazards, - -panics -and -other -dangers -possibly present in -the ,securing
of safety from same, the effect on adequate light and air, the
effect on the 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 , encourage the most
appropriate use of the land throughout this City; and,
WHEREAS , the City Council of the City of Southlake, Texas,
does find that there is a public necessity for the zoning changes,
that the public demands them, that the public interest clearly
requires the amendments, 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, facilities the adequate provisions of
transportation, water, sewerage, schools , parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close -
proximity to the tract or tracts of land requested for a change -
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large,
the citizens of the City of Southlake, Texas, and helps promote the
general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCII, OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1 . That Ordinance No. 480 , the Zoning Ordinance of
the City of Southlake, Texas , passed on the 19th day of September,
1989 , as originally adopted and amended, is hereby amended and
changed in the following particulars and all other existing
Sections, Subsection, Paragraphs, Sentences, Definition, Phrases,
9:7?'
-2-
1
and Works of said zoning Ordinance are not amended, but remain
intact and are here ratified, verified and affirmed.
A. That the allowed use of a certain tract or tracts of
land being approximately a 17 . 9977 acre tract of land out
of the C.B. McDonald Survey, Abstract No. 1013 , Tracts 3B1
and 3B2 , and more fully and completely described in
exhibit "A" from Agricultural Zoning District uses to
- Industrial-2 Zoning -District - uses -in -accordance with -the
exhibit attached hereto, and incorporated herein, and with
the specific requirements contained in the Ordinance.
Section 2 . - •The City Manager is hereby directed to correct the
official zoning district maps 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 .
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 present over-crowding of land, to avoid undue
concentration of population; to facilitate the adequate provisions
of transportation, water, sewerage, drainage and surface water,
parks and other commercial needs and development of the community.
They have been made with reasonable suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 5 . 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 violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon
g.-1/27
-3-
conviction thereof shall be fined in a sum not to exceed Two
Thous.and Dolla.rs ($2000,_00.) and a separate_ offense shall be deemed
committed upon each day during or on which a violation occurs or .^
continues.
Section 8 . The fact that the present zoning ordinance and
regulations of the City are inadequate to properly safeguard the
health, safety, morals, peace and general welfare of the
inhabitants of the City,- creates an emergency for the immediate
preservation of the City of the public business, property, health,
safety and general welfare of the public which requires that this
ordinance shall become effective from and after the date of its
final passage , and it is accordingly so ordained.
PASSED AND APPROVED on the 1st reading the day of
, 1989.
PASSED AND APPROVED on the 2nd reading the day of
, 1989 .
Gary Fickes , Mayor
City of Southlake
ATTEST:
Sandra L. LeGrand,
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake
9 //
-4-
City of Southlake,Texas
MEMORANDUM
December 28 , 1989
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 89-71 Zoning Change Request
ZA 89-71 is a zoning change request for 33 . 626 acres out of
the Harrison Decker Survey, Abstract No. 438 , Tracts 1B1 ,
1B1C, and 1B1B.
The tract is located north of Highway No. 26 across from
Grapevine High School.
The owner of the tract is Conoco Inc. /CITGO Petroleum Corp.
The current zoning is Industrial-1; the requested zoning is
Industrial-2.
The Future Land Use Map indicates industrial for the area.
There were eighteen (18) letters sent to property owners
within 200 feet. To date, there have been four (4)
inquiries regarding this request:
Mrs . Gollihugh, 1217 Timberline Ct.
Mrs. Gutierrez , 1225 Timberline Ct.
Mr. Brown, 1231 Timberline Ct.
Mr. Qualls , 1237 Timberline Ct.
They all expressed concerns regarding their safety in such
close proximity to the facility.
On December 21 , 1989 , the Planning and Zoning Commission
approved (5-0) the Industrial-2 zoning request.
KPG/ew
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• MF:1•i!:S AND kiOUNDI; TRACT. DESCRIPTIONS
- TRACT 1I31B
Beginning at the northeast corner of the H. Decker survey , A-438, T'ar•ran,t,
County. Texas; thence south 8 . 5 varas; thence north 80 degrees 45' west 3(37
varas; thence south 520.4 varas to the true point of beginning: thence
south 368 . 1 varas to the northwest right•-of-way line if the S. L. & S.W.
Railroad; thence north 54 degrees 35' east 423. 6 varas; thence north 0
degrees 23' west 122. 6 varas; thence north 89 degrees 45' west 345. 4 varas
to the true point of beginning, and containing 15 .0 acres, more or less.
. TRACT 1B1C
All that certain lot : tract or parcel of land located in the H. Decker
Survey, Abstract 438, Southlake , Tarrant County , Texas, being a portion of
that called 33. 63 acres. being a residue of a tract conveyed to Continental
Oil Compan'. (now Conoco Inc . ) by deed recorded in Volume 3081, Page 248 .
Deed Records, Tarrant County, Texas, and being more particularly described
by metes and bounds as follows:
Beginning at a 5/8 inch iron pin set in the west line of aforesaid called
33. 63 acre tract for• the southwest corner of this tract . said point of
beginning being by description South 8. 5 varas, north 89 degrees 45 minsit es
west 367 varas , and south 520. 4 varas from the northeast corner of aforesii
H. Decker Survey;
Thence with the west Zinc of said 33. 63 :acre tract , and generally with a
fence, north 00 degrees 11 minutes west 185 .0 feet to a 5/8 inch iron pits
set for the northwest corner of this tract ;
Thence departing said west line, south 89 degrees 25 minutes 3U seconds eas
470.0 feet to a 5/8 inch iron pin set for the northeast corner of this
tract;
Thence south 00 degrees 11 minutes east 185.0 feet to a 5/8 inch iron pin
set for the southeast corner of this tract;
Thence north 89 degrees 25 minutes 30 seconds west 470.0 feet to the place
of beginning and containing some 1. 996 acres of land.
TRACT 1B1
Beginning at the northwest corner of the tract known as 1B1B in the City of
Southlake , Texas tax rolls thence south 89 degrees 25' 30" East 169. 20 vara
(470.00' ) ; thence south 0 degrees 11' east 66. 6 varas ( 185.00 ' ) ; thence
south 89 degrees 45 ' east 176. 20 varas ( 489 . 44' ) ; thence north U degrees 23
west 62 . 62 varas ( 173. 94' ) ; thence due north 241 . 30 varas ( 67U_ 28' ) ; thence
north 89 degrees 45' west 345 . 40 varas ( (359 . 44' ) : thence due south 238. 44
varas ( 662.33' ) to the true point of beginning, and containing .1.6. 63 acres .
more or less.
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456.50 VARAS (1268.06') S 54° 35' W 26.38 VARAS (73.28')
NORTH 241.30 VARAS (670.28') N 00° 23' W 185.22 VARAS (514.501
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'P.O.R.TRACT 3 'P.O.R.TRACTS 1 B 2 888.50 VARAS (2468.061
C.l '1'Y OF SOUTHLAKE , TEXAS
ORDINANCE NO. 480-13
AN ORDINANCE AMENDING ORDINANCE NO. 480 , THE
ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS , GRANTING A ZONING CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE , TEXAS BEING APPROXIMATELY A 33 . 626
ACRE TRACT OF LAND OUT OF THE HARRISON DECKER
SURVEY , ABSTRACT NO. 438 , TRACTS 1B1 , 1B1C,
AND1B1B. AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXIBIT "A" FROM INDUSTRIAL-1
ZONING DISTRICT USES TO INDUSTRIAL-2 ZONING
DISTRICT USES IN ACCORDANCE WITH THE EXHIBIT
ATTACHED HERETO, WITH THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE, CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; PROVIDING A
SEVERABILITY CLAUSE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN
MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2000 . 00) AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS ,
AND PROVIDING AN EFFECTIVE DATE .
WHEREAS , the City instituted a zoning case to amend the
official Zoning District Map of the City of Southlake, Texas , as
required by State Statutes and the Zoning Ordinance of the City of
Southlake , Texas , and all the legal requirements , conditions and
prerequisites have been complied with , the case having come before
the City Council of the City of Southlake , Texas , after all legal
notices , requirements conditions and prerequisites having been
complied with; and,
WHEREAS , the City Council of the City of Southlake, Texas , at
a public hearing called by the City Council did consider the
following factors in making a determination as to whether these
changes should be granted or denied ; safety of the motoring public
and the pedestrians using the facilities in the area immediately
surrounding the sites , safety from fire hazards and damages , noise
producing elements and glare of the vehicular and stationary lights
and effect of such lights on established character of the
neighborhood, location , lighting and types of signs and relation of
signs to traffic control and adjacent property, street size and
adequacy of width for traffic reasonably expected to be generated
by the proposed use around the site and in ' the immediate
neighborhood, adequacy of parking as determined by requirements of
this ordinance for off-street parking facilities , location of
ingress and egress points for parking and off-street loading
spaces , and protection of public health by surfacing on all parking
areas to control dust , effect on the promotion of health and the
general welfare , effect on light and air , the effect on the
over-crowding of the land , the effect on the concentration of
6'
population , the effect on the transportation , water , sewerage,
schools , parks and other public facilities ; and ,
WHEREAS , the City Council of the City of Southlake , Texas , at
a public hearing called by the City Council of the City of
Southlake , Texas did consider the following factors in making a
determination as to whether the requested changes should be granted
or denied, effect on the congestion of the streets , the fire
hazards , panics and other dangers possibly present in the securing
of safety from same , the effect on adequate light and air, the
effect on the 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 , encourage the most
appropriate use of the land throughout this City; and,
WHEREAS , the -City Council of the City of Southlake, Texas ,
does find that there is a public necessity for the zoning changes,
that the public demands them, that the public interest clearly
requires the amendments , 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, facilities the adequate provisions of
transportation, water , sewerage , schools , parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake , Texas , has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close -
proximity to the tract or tracts of land requested for a change
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed , are
called for , and are in the best interest of the public at large,
the citizens of the City of Southlake , Texas , and helps promote the
general health, safety and welfare of the community. ,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1 . That Ordinance No. 480 , the Zoning Ordinance of
the City of Southlake , Texas , passed on the 19th day of September ,
1989 , as originally adopted and amended , is hereby amended and
changed in the following particulars and all other existing
Sections , Subsection , Paragraphs , Sentences , Definition , Phrases ,
/ >r'
-2-
and Works of said zoning Ordinance are not amended , but remain
intact and are hereby ratified , verified and affirmed .
A. That the allowed use of a certain tract or tracts of
land being approximately 33 . 626 acre tract of land out of
the Harrison Decker Survey, Abstract No. 438 , Tracts 1B1 ,
1B1C, and 1B1B and more fully and completely described
in exhibit "A" from industrial-1 uses to industrial-2
Zoning District uses in accordance with the exhibit
attached hereto, and incorporated herein, and with the
specific requirements contained in the Ordinance.
Section 2 . The City Manager is hereby directed to correct the
official zoning district maps 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.
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 present over-crowding of land, to avoid undue
concentration of population; to facilitate the adequate provisions
of transportation, water , sewerage , drainage and surface water,
parks and other commercial needs and development of the community.
They have been made with reasonable suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 5 . 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 balancd Of said tract
or tracts of land described herein.
Section 7 . Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon
/(:
-3-
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2000 . 00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
Section 8 . The fact that the present zoning ordinance and
regulations of the City are inadequate to properly safeguard the
health, safety, morals , peace and general welfare of the
inhabitants of the City, creates an emergency for the immediate
preservation of the City of the public business, property, health,
safety and general welfare of the public which requires that this
ordinance shall become effective from and after the date of its
final passage, and it is accordingly so ordained.
PASSED AND APPROVED on the 1st reading the day of
, 1989 .
PASSED AND APPROVED on the 2nd reading the day of
, 1989 .
Gary Fickes , Mayor
City of Southlake
ATTEST:
Sandra L. LeGrand,
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake
/o - /C
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City of Southlake,Texas
MEMORANDUM
December 28 , 1989
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 89-70 Final Plat of Hershaw Estate
ZA 89-70 is the Final Plat of Block 1 , Lot 1 , Hershaw
Estate, 5 . 476 acres out of the Francis Throop Survey,
Abstract No. 1511 , Tracts 3A1E2A, 3A1E2 , and 3A1E2A1 , more
commonly known as 1821 Sunshine Lane.
The tract is located on the east side of Sunshine Lane,
approximately 400 feet south of East Dove Street.
The tract is zoned Single Family-1 Residential.
The owner is Melvin Hershaw.
No additional letters were required to be sent.
On December 21 , 1989 , the Planning and Zoning Commission
recommended approval (6-0) of this Final Plat.
KPG/ew
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4 City of Southlake,Texas
MEMORANDUM
December 28 , 1989
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 89-74 Final Plat of SouthView, Phase I
ZA 89-74 is the Final Plat of SouthView, Phase I , 33 . 003
acres out of the William W. Hall Survey, Abstract No. 695 ,
being the western portion of Tracts 5 and 5A.
The tracts are located on the west side of North Carroll
Avenue across from City Hall.
The owner of the property is T.J. McHale; the applicant is
Southern Regional Service.
There were no additional letters required to be sent.
On December 21 , 1989 , the Planning and Zoning Commission
recommended approval (6-0) subject to the Engineer' s letter
dated December 15 , 1989 .
KPG/ew
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8 °�' °f o S 8905'28' W 500.21' •
S 89'05'28` W
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o 0 0 • 240.00' 193.28' ��' 1p/
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43,621 sq. Ft. , c o \ m I (U
0 LT! \ O�G O. \ 71f1 69' ( 1R 1tFItF 299.IIE1' S__84_'Q5'2H,W_ 714 14' O .
01 0' o o r , I 20�5 83'� I N 244.56' O '_'
1- 210.69'
CCI 296.52' 31, 1' 30 1 10
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1 a �? c 144,675 sq. ft.t, 50.746 sq. ft. -IV, 51.308 sq. Ft. in;
a 43,632 sq. Ft. o N *It: v: ,^
v 0 m r ,p`"
m v N I11 r I 'v p?'O
303.26' p m b o / __ E/t �C.\>,1 j2'
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f �, $ h / �, ICa �„
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q N 176.26' 174.30' 174.30' 174.30' I\N 895619' W 250.01'
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12-- 6
City of Southlake,Texas
MEMORANDUM
December 28 , 1989
TO: Curtis E. Hawk, City Manager
FROM: Michael H . Barnes , Director of Public Works
SUBJECT: Subdivision Control Ordinance
Attached is the Subdivision Control Ordinance with
corrections that was passed on the 1st reading at the
December 19 , 1989 City Council meeting.
Please place this item on the agenda for the 2nd reading at
the January 2 , 1990 City Council meeting.
If� there are any questions , please contact me.
,`b
MHB/ew
•
ORDINANCE NO 483
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS ADOPTING A
NEW SUBDIVISION CONTROL ORDINANCE, PROVIDING THE •
FOLLOWING RULES AND REGULATIONS RELATING TO THE DIVISION
AND DEVELOPMENT OF LAND, APPROVAL OF PLATS, LAND
DEDICATIONS AND THE DESIGN OF LAND DEVELOPMENTS TO
PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE, WHICH
RULES AND REGULATIONS SHALL BE APPLICABLE TO THE MAXIMUM
EXTENT ALLOWED BY LAW BOTH WITHIN THE CORPORATE
BOUNDARIES OF THE CITY OF SOUTHLAKE AND WITHIN ITS EXTRA-
TERRITORIAL JURISDICTION; PROVIDING FOR ADMINISTRATION
AND ENFORCEMENT, AND PRESCRIBING PENALTIES FOR THE
VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING
THAT THIS. ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET
FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;. AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, is a home rule city
acting under its charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of'
the Local Government Code; and
WHEREAS, the City of Southlake is a rapidly growing area lying
in the metropolitan area of the cities of Dallas and Fort Worth and
is in the direct growth pattern of the Dallas/Fort Worth Regional
Airport; and
WHEREAS, the location of the City of Southlake has made it
subject to unusual growth pressures resulting in rapid
urbanization, a sudden increase in residential density, a strong
demand for commercial and industrial development, and ancillary
pressure for supporting public works facilities; and
WHEREAS, until recent development pressures began to increase
the City of Southlake had been a relatively small' rural community
•
with limited public works infrastructure incapable of supporting
new development trends without significant re-evaluation and
revision; and
WHEREAS, the City Council of the City of Southlake recognizing
the sudden change in growth patterns and development pressures has
requested the Planning and Zoning Commission of the City to
undertake a detailed review and analysis of current development
regulations and policies in order to recommend changes to existing
development regulatory ordinances and codes of the City; and
WHEREAS, after due and careful consideration the Planning and
Zoning Commission has prepared a revised Subdivision Regulation
Ordinance designed to allow the community to maintain it' s
traditional character and pattern of development, accommodate new
growth demands for residential, commercial and industrial
development within the community and its extraterritorial
jurisdiction, provide necessary. and appropriate supporting public
works infrastructure, and balance growth and development to reduce
its negative impacts upon the community and its inhabitants ; and
WHEREAS, the Planning and Zoning Commission of the City of
Southlake has held public discussion upon the proposed Subdivision
Regulation Ordinance revisions and has recommended the adoption of
the proposed new Ordinance to the City Council of the City of
Southlake; and
WHEREAS, the City Council of the City of Southlake after
receiving public comment and entertaining public debate and
discussion upon these regulations has determined that these
subdivision regulations will better protect the public health,
ii
safety and welfare as well as fulfill the purpose of Chapter 212
of the Local Government Code, relating to platting and recording
subdivisions, and other constitutional and statutory grants of
power.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
iii
ARTICLE I
GENERAL PROVISIONS
Section 1. 01 Authority
This Ordinance is adopted under the authority of the Constitution
and laws of the State of Texas, including particularly Chapter 212
of the Local Government Code of the State of Texas.
Section 1. 02 Purpose
The purpose of this ordinance is to provide for the orderly, safe
and healthful development of the area both within the City and
within it' s extraterritorial jurisdiction and to promote the
health, safety and general welfare of the community. In order to
carry out the purpose hereinabove stated, it is hereby declared to
be the policy of the City to guide and regulate the subdivision and
development of land in such a manner as to promote orderly growth
both within the City and, where applicable, within its
extraterritorial jurisdiction pursuant to he Master Plan for the
City. This ordinance shall be administered in accordance with the
following policies:
A. Land to be subdivided or developed shall be of such nature,
shape and location that, with proper planning, it can be used
without danger to health or risk of fire, floods, erosion,
landslides or other menaces to the general welfare.
B. Proper provisions shall be made for drainage, water supply,
disposal of sanitary and industrial waste, and other utilities
and services.
C. Proposed streets shall provide a safe, convenient, and funct-
ional system for vehicular and pedestrian circulation and
shall be properly related to the Thoroughfare Plan of the City
and shall be appropriate for the particular traffic
characteristics of each proposed subdivision or development.
Streets shall be of such width, grade and location as to
accommodate predicted traffic, as determined by existing and
projected future land uses.
D. Buildings, lots, blocks and streets shall be arranged so as
to afford adequate light, view and air, and to facilitate fire
protection, providing ample access to buildings for emergency
equipment.
E. Land shall be subdivided and developed with due regard to
topography and existing vegetation with the objective being
that the natural beauty of the land shall be preserved as far
as is feasible.
1-1
F. Adequate sites and convenient access for schools, parks, play-
grounds, and other community services indicated in the Master
Plan shall be related to the character and uses of the
surrounding properties in accordance with the intent, policies
and provisions of this ordinance.
Section 1. 0,3 Enforcement
A. Except as provided in Section 2 . 02 , no permits for building,
repair, or plumbing or electrical work on any tract shall be
issued by the City until the approval and filing of a plat in
the County Plat Records.
B. The City shall be under no obligation to furnish any public
utilities or allow any services unless and until a plat
meeting all rules, regulations and requirements of this
ordinance has been approved and filed in the County Plat
Records. However, a decision of a City regulatory official
concerning compliance with these rules and regulations may be
appealed to the Planning and Zoning Commission.
Section 1. 04 Definitions
A. 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 number 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.
3 . The phrase "used for" shall include the phrases,
"arranged for" , "designed for" , "intended for" , and
"occupied for" , and shall apply exclusively to physical
uses.
B. 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.
ACREAGE, GROSS: The acreage included within the boundary of a
plat.
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ACREAGE, NET: The acreage included within the boundary line of a
particular subdivision, tract, parcel, lot, etc. , but excluding all
public rights-of-way.
ALLEY: A public way less in size than a street, designed for the
special accommodation of the property it reaches, and not intended
for general travel or primary access.
APPLICANT: The owner of land proposed to be subdivided or his
representative.
BLOCK: A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad rights-of-way,
shore lines of waterways, or boundary lines of municipalities.
BOND: Any form of security including cash deposit, surety bond,
collateral, property, or instrument of credit in an amount and form
satisfactory to the Council.
BUILD: To erect, convert, enlarge, reconstruct, restore, or alter
a building or structure.
BUILDING: Any structure which is built for the support, shelter
or enclosure of persons, animals, chattels, or moveable property
of any kind.
BUILDING LINE: A line established a distance away from public and
private R.O.W. beyond which no part of a building shall project,
except as otherwise provided in the Zoning Ordinance.
CERTIFIED PLANNER: Member in good standing of the American
Institute of Certified Planners.
CITY: The City of Southlake, Texas.
COMMISSION: The Planning and Zoning Commission of the City.
COUNCIL: The City Council of the City.
COUNTY PLAT RECORDS: The plat records of Tarrant County or Denton
County, Texas, whichever is appropriate to the tract being
platted.
CUL-DE-SAC: That street or part of a street having one common
entry and exit and no other entry and/or exit.
DENSITY, GROSS: The number of dwelling units per gross acre.
DENSITY, NET: The number of dwelling units per net acre.
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DEVELOPER: The owner of land proposed to be subdivided or his
representative.
DEVELOPMENT: Any activity that requires the submission of a
subdivision plat, development plan or the securing of a building
permit.
•
EASEMENT: , Authorization by a property owner for the use by
another, and for specified purpose, of any designated part of such
property.
EASEMENT, COMMON ACCESS: Common Access Easements are easements
which are intended to provide shared drives for commercial,
industrial, and high-density residential developments. These are
private easements owned and maintained by the adjacent lot owners.
EASEMENT, UTILITY: (Abbreviated U.E. ) An easement generally used
for the installation, maintenance, and operation of water, sewer,
electric, telephone, cable, gas, and other similar utilities. No
permanent structures other than fences shall be allowed in these
easements.
EASEMENT, DRAINAGE: (Abbreviated D.E. , typically D.+U.E. when
combined with utility easements) A delineated portion of land set
aside for the overland or underground transfer of storm water.
This area shall not have any permanent structures, fences, or other
obstacles hindering the safe transfer of water through the
easement.
ENGINEER: Any person who has been. licensed and registered by the
Texas State Board of Registration for Professional Engineers to
engage in the practice of engineering in this state, and listed in
State Records as "Civil" .
ESCROW: Money placed in the possession of the City to accomplish
the purpose set out in this ordinance, including, but not limited
to, the following: purchase of right-of-way, design and
construction of drainage and sanitary sewerage facilities, water,
curb, gutter, and pavement.
FRONTAGE: That side of a lot, parcel, or tract abutting a street
right-of-way and ordinarily regarded as the frontal orientation of
the lot.
LOT: A tract, plot, or portion of a subdivision or other parcel
of land intended as a unit for the purpose, whether immediate or
future, of transfer of ownership or for building development.
LOT, DOUBLE FRONTAGE: Any lot, not a corner lot, with frontage on
two streets which are parallel to each other or within forty five
degrees of being parallel to each other.
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MARKER: A permanent iron rod generally used on lot corners, points
of curvature and tangency.
MASTER PLAN: Those plans and policies adopted by the Council as
a guide to the systematic physical development of the City.
MONUMENT: ,A permanent concrete survey monument generally used on
subdivision property corners adjacent to public R.O.W.
OWNER: The term owner herein is an all inclusive term denoting the
person, firm, corporation or partnership with primary
responsibility toward the City to see that these subdivision rules
and regulations and the ordinances of the City are complied with.
Such term as used herein always includes one or more of the above
who own all or any part of the land which is to be developed.
PLANNED UNIT DEVELOPMENT: A development concept which allows
flexibility in accordance with the Zoning Ordinance.
PLANNER: A person other than Surveyors or Engineers who also
possess a proficiency in the planning of residential, commercial,
industrial and other related developments; such proficiency often
having been acquired by education in the field of Planning,
Landscape Architecture or other specialized planning curriculum
and/or by actual experience and practice in the field of planning.
PLAT, AMENDED: A plat generally used for the purpose of correcting
errors in previously filed plats.
PLAT, FINAL: A plat which substantially conforms to the approved
preliminary plat and contains all or a portion of the property
within the approved preliminary plat. A Final Plat as referred to
in this ordinance may also refer to Plat Revisions, Amended Plats,.
and Plat Showings. Only final plats may be filed of record in the
county plat records.
PLAT, PRELIMINARY: The Preliminary Plat is intended to show all
the planning factors necessary to enable the proper City approving
authorities to determine whether the proposed plan for land
development is satisfactory from the standpoint of public health,
safety and welfare and is in accordance with the general guidance
provided by the Master Plan the Zoning Ordinance and other
applicable ordinances and regulations. The Preliminary Plat and
the review thereof are intended to produce a subdivision design in
which all planning factors have been recognized and reconciled, as
distinguished from the Final Plat, in which the engineering factor
of dimensional precision is the predominate objective.
PLAT REVISION: A plat which revises currently platted lots.
PLAT SHOWING: A plat which includes less than 10 acres and three
or fewer , lots and typically has no internal public works
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improvements. A plat showing typically combines requirements of
the preliminary and final plats.
POSITIVE OVERFLOW: A drainage plan that requires storm water flows
to be conveyed above ground in either street right-of-way or
drainage easements, in such a way as to prevent damage or flooding
to improvements.
PUBLIC WORKS IMPROVEMENTS: Improvements to streets, water, sewer,
drainage, and similar improvements intended for dedication to or
maintenance by the City.
RIGHT-OF-WAY: (Abbreviated R.O.W. ) A strip of land, other than
a drainage or utility easement, occupied or intended to be occupied
by a street, crosswalk, railroad, road, electric transmission line,
oil or gas pipeline, water main, sanitary or storm sewer main, or
for another special use.
ROADWAY: The traveled portion of a street upon which vehicles
traverse and circulate, to include the area from back-to-back of
the outer curb lines, or where curbs do not exist, said roadway
includes the traveled area from the outer edges of the surfaced and
prepared portion of the roadway, excluding shoulders, etc.
SDHPT: State Department of Highways and Public Transportation
Street. All property which is contained within fixed boundaries
commonly referred to as right-of-way (R.O.W. ) lines, for the
primary purpose of vehicular movement and circulation, and in which
traveled roadways exist, along with various service utilities and
sidewalks for pedestrian circulation.
STREET, ARTERIAL: A through street designed for the movement of
heavy traffic volume, intended to carry traffic from Collector
Streets to State/County Highways.
STREET, COLLECTOR: A street intended to move traffic from minor
collector or local streets to or toward the Arterial and
State/County street system.
STREET, INTERNAL: Generally any street whose entire width is
contained within a development.
STREET, MINOR COLLECTOR: A street which is local in character and
use but due to its configuration within the development, serves as
a collector of local streets, thereby connecting them to a
collector street.
STREET, MINOR OR LOCAL: A street which provides access from
individual tracts to minor collectors or collector streets.
STREET, PERIMETER: Any street which abuts a development or one
whose width lies partly within a development and partly without.
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STREET, PRIVATE: These are similar to public streets and roadways
except that ownership and maintenance is privately used and
retained and not dedicated to the public for general use and
maintenance.
STREET, STATE/COUNTY: State Highway 114, F.M. 1709, or F.M. 1938,
or other state or county designated street.
STREET, ESTATE SECTION: Any street without concrete curb and
gutter, but not including state, county, or federal highways.
SUBDIVIDER: Any person who (1) having an interest in land, causes
it, directly or indirectly, to be divided into a subdivision or who
(2) directly or indirectly, sells, leases, or develops, or offers
to sell, lease or develop, or advertises for sale, lease or
development, any interest, lot, parcel, site, unit, or plot in a
subdivision, or who (3) engages directly or through an agent in
the business of selling, leasing, developing, or offering for sale
lease or development a subdivision or an interest, lot, parcel,
site, unit, or plot in a subdivision, and who (4) is directly or
indirectly controlled by, or under direct, or indirect common
control with any of the foregoing.
SUBDIVISION: Any land, vacant or improved, which is divided or
proposed to be divided by metes and bounds, deed, contract for
deed, lease instrument, other instrument, or by another method,
into two (2) or more lots, parcels, sites, units, plots or
interests for the purpose of offer, sale, lease or development,
either on the installment plan or upon any and all other plans,
terms and conditions, including resubdivision.
SURVEYOR: Any person registered as a Registered Public Surveyor
or Licensed State Land Surveyor by the Texas Board of Land
Surveying.
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ARTICLE II
GENERAL PLATTING
Section 2 . 01 Division of Property:
A. Hereafter every owner of any tract of land within the
corporate limits of the City or within the extraterritorial
jurisdiction of the City who engages in the act of subdivision
as described and defined herein shall cause a plat to be made
thereof which shall accurately describe all of said tract by
metes and bounds and locate same as required by Section 3 . 03 .
No plat may be recorded, no lot may be sold and no transfer
of title to any part of such tract of land shall be made until
a plat, accurately describing the property to be conveyed, is
approved in accordance with these provisions and filed in the
County Plat Records.
B. Plats required for Compliance:
1. Any proposed subdivision of land which contains 10 or
more acres of land or proposes 4 or more lots or proposes
any internal public works improvements shall require a
Preliminary. Plat to be processed and approved prior to
submitting a Final Plat for approval and recording in
the County Plat Records.
2 . When subdividing a tract containing less than 10 acres
and which proposes 3 or fewer lots, the owner may, at
his own discretion, elect to cause a Preliminary Plat to
be processed and approved prior to submitting a Final
Plat for recording in the County Plat Records.
3 . In the event that the owner elects to subdivide said
tract of less than 10 acres into three (3) or fewer lots,
without approval of a Preliminary Plat, he shall:
a. Cause a Plat Showing to be approved and filed of
record if the tract has not previously been platted;
or
b. Cause a Plat Revision to be approved and filed of
record in the County Plat Records if all or a_
portion of the tract has been previously platted.
4 . Any resubdivision of existing platted lots shall require
the submittal and approval of a Plat Revision.
Section 2 . 02 Single Tracts Prior to Construction:
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A. Every owner of a single tract of land, within the corporate
limits of the City or within its extraterritorial juris-
diction, shall be required to submit a "Plat Showing" of said
tract and obtain approval of said plat prior to the
commencement of construction upon said tract, and no building
permit shall be issued for the construction of any building,
nor shall any construction commence upon said tract prior to
the filing of a plat of said property in the County Plat
Records. However, nothing herein shall require a plat to be
approved and filed as a prerequisite to construction where
such construction occurs on land which is within the municipal
city limits and is zoned Residential or Agricultural, or is
not within the Municipal City Limits and therefore is not
zoned, and such construction is for any of the following
purposes:
1. Adding to an, existing building or structure;
2 . Altering an existing building or structure;
3 . Adding an accessory building or structure;
4. Restoring any building or structure previously destroyed
by fire, explosion, or any other casualty or act of God,
where the extent of the destruction is not more than
fifty percent (50%) of its reasonable market value.
Section 2 . 03 Combination of Lots:
A. Any person desirous of combining two or more contiguous prev-
iously platted lots into one single lot for the purpose of
removing interior lot lines to create a more buildable lot
area shall submit a Plat Revision and obtain approval as
outlined in this ordinance and cause the same to be filed of
record in the County Plat Records.
Section 2 . 04 Dedication Requirements:
A. Division of Property: Every owner of property to be
subdivided for which a plat has been submitted for approval
shall be required to dedicate to the City that portion of such
property as is necessary for the orderly development of
streets, roadways, thoroughfares, utilities, drainage
improvements, or other public purposes, and such dedication
requirements, as imposed, shall be a prerequisite to plat
approval.
B. Single Lot Plats: Every owner of property for which a plat
has been submitted for approval as a single lot plat may be
required to dedicate to the City a portion of such property
not to exceed ten percent (10%) of the total area of the
property, when such dedication is necessary for the orderly
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development of streets, roadways, thoroughfares, utilities,
drainage improvements, or other public purposes. In any case
where full R.O.W. width is not dedicated, building setback
lines reflecting the full-width future alignment may be
required to be shown on the plat.
C. Plat Revisions: Every owner of property to be replatted for
which a Plat Revision has been submitted for approval shall
be required to dedicate to the City that portion of such
property as is necessary for the orderly development of
streets, roadways, thoroughfares, utilities, drainage
improvements, or other public purposes, and such dedication
requirements, as imposed, shall be a prerequisite to plat
approval.
D. Plat Showing: Every owner of property to be platted for which
a Plat Showing has been submitted for approval shall be
required to dedicate to the City that portion of such property
as is necessary for the orderly development of streets,
roadways, thoroughfares, utilities, drainage improvements, or
other public purposes, and such dedication requirements, as
imposed, shall be a prerequisite to plat approval.
E. Effect of approval/disapproval on dedication: The approval
of a plat is not considered an acceptance of any proposed
dedication and does not impose on the municipality any duty
regarding the maintenance or improvement of any dedicated
parts until the appropriate municipal authorities make an
actual appropriation of the dedicated parts by entry, use, or
improvement. The disapproval of a plat is considered a
refusal by the municipality of the offered dedication
indicated on the plat.
Section 2 . 05 Plat Vacation:
A. The owners of the tract covered by a plat may vacate the plat
at any time before any lot in the plat is sold. The plat is
vacated when a signed, acknowledged instrument declaring the
plat to be vacated is approved and recorded in the manner
prescribed for the original plat.
B. If lots in the plat have been sold, the plat, or any part of
the plat may be vacated on the application of all the current
owners of lots in the original plat with approval obtained in
the manner prescribed for the original plat.
C. The signature of approval of all applicable utility company
representatives must be on the vacating instrument. (Use
easement abandonment format and "plat vacation" wording. See
Appendix) Any easements which have improvements in them must
be dedicated by separate instrument prior to the recording of
the plat vacation instrument.
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D. A processing fee entitled "Plat Vacation" shall be set by
Council. This fee shall be paid upon submittal of the plat.
vacation application and shall not be refunded in any circum-
stances. .
E. On the execution and recording of the vacating instrument, the
vacated plat has no effect.
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ARTICLE III
REQUIREMENTS FOR PLAT SUBMITTAL
Section 3 . 01 Submittal:
A. Application: All Plats to be considered for approval under
this ordinance shall be submitted to the City along with a
completed application and fees and must be in accordance with
all ordinance requirements. No plat shall be formally
accepted for review by the City until it fulfills all of the
requirements of this Article including utility plans and
drainage studies as required unless the application identi-
fies standards which are not met and contains a written appeal
providing a justification for failure to meet these standards.
Any plat submitted after a deadline for submittal will be
acted upon as if received at the next applicable submittal
deadline.
B. Reproductions: Requirements for blueprints and mylars for all
submittals shall be maintained by the Zoning administrator of
the City. It shall be the responsibility of the applicant to
verify the number of prints and mylars required for all
submittals. Prints should be folded in a manner such that the
title block and location map shall be easily read from the
outside and have folded dimensions as required by the Zoning
administrator. (See appendix for "preferred" title block
format)
C. Fees: Plats submitted to the City for approval shall be
accompanied by a check payable to the City in the amount
specified in the Schedule of Fees as approved by the City
Council.
D. Coordination of Processing: The Zoning administrator of the
City shall be responsible for coordinating the processing of
all plat submittals. Submittal checklists, review schedules
and fee schedules will be available from the Zoning
administrator. All plans submitted to the City for review
must be stamped as received by the Zoning administrator. Any
plans to be hand carried to the City Engineer' s office must
first be stamped as received by the City.
E. Time of Filing. The Zoning Administrator will establish a
timetable for the filing of plats and other applications under
this ordinance. The timetable will allow sufficient time in
order to comply with necessary notice requirements and
reasonable staff review of any plat or application. No plat
or other application shall be officially accepted for filing
except on a scheduled filing deadline. On the date of the
filing deadline, the plat or other application to be processed
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will be date stamped by the Zoning Administrator and a notice
of the time and date of filing shall be entered into a
permanent subdivision journal maintained by the City. At that
time, the City will provide the subdivider with a written
receipt reflecting the time and date of filing. The date and
time of filing as shown on the receipt and in the subdivision
journal shall be the date that the thirty (30) day processing
of final plats under the State Platting Statute shall
commence. A plat will not be accepted for filing unless all
required drawings, exhibits, studies or other required
documentation has been submitted. A partial filing shall not
be considered a filing of record activating the thirty (30)
day review period.
Section 3 . 02 Preliminary Plat, Submittal Requirements:
A. A Preliminary Plat shall be submitted and approved prior to
the submittal of a Final Plat. A preliminary plat shall be
submitted on the entire tract being subdivided, regardless
whether final platting is currently proposed for only a
portion of the tract.
B. The Preliminary Plat shall be prepared by a Licensed Profes-
sional Engineer, Licensed Surveyor, Planner or Landscape
Architect trained and experienced in subdivision design.
C. The Preliminary Plat shall contain the following information:
1. North arrow, graphic and written scale in close
proximity.
2. Permissible scale: 1"=50 ' , 100 ' , or 200 ' . (Prefer
1"=100 ' )
3 . Location map showing location of tract by references to
existing streets or highways.
4 . Appropriate title, i.e. , "Preliminary Plat" , to include
subdivision name, City,. County, State, Survey and
Abstract, total gross acreage and date of preparation.
5. Name and address (phone optional) of record owner and
subdivider if different. Note volume and page of current
deed record ownership.
6. Standard approval block.
7 . Name, address and phone of Engineer/Planner/Surveyor.
8. Name of record owner and corresponding deed record volume
and page for all adjacent unplatted tracts.
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9. All adjacent platted property shown in dashed lines,
labeling lot and block numbers, subdivision name, and
plat record volume and page.
10. Location of City Limit Lines and/or extraterritorial
jurisdiction lines.
11. Existing zoning noted on this tract and adjacent tracts.
This should be removed on any Final Plats.
12 . All existing easements on or adjacent to this tract shown
and labeled as to type and size.
13. Any adjacent, previously approved and currently valid
preliminary plats or concept plans shown.
14. The location of existing or approved street intersections
on the perimeter of the subdivision or within 200 feet
of the perimeter.
15. Legal description of the land to include: Current
owner' s deed record reference, Survey and Abstract,
P.O.B. tied to survey corner or previously filed
subdivision corner, or USGS monument, gross acreage.
16. Point of beginning labeled on plat.
17. Graphic depiction of all boundary lines shown in heavy
lines with deed record dimensions or field surveyed
dimensions if available. These should match legal
description.
18. Existing R.O.W. shown, labeled and dimensioned, i.e.
public streets, highways, alleys, private drives,
railroads, etc.
19. Existing traveled roadway widths.
20. General outline of area embraced by tree cover.
21. Permanent structures and uses within the subdivision that
will remain.
22 . Utility easements: Where adjacent property is unplatted
or platted showing a 5 ' U.E. , provide a 5 ' U.E. along
the property line; if adjacent property is platted and
shows no easement, provide a 10 ' U.E. along the interior
of the property line. A 10 ' U.E. should be provided
along the R.O.W. of S.H. 114, F.M. 1709, and F.M. 1938.
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23 . Street R.O.W. dimensioned, all streets having names
dissimilar from any existing street names.
24. R.O.W. dedication for existing R.O.W. widening shown and
dimensioned.
25. Lots and blocks labeled with numbers in consecutive
order.
26. Drainage and utility easements labeled and described.
27. Front building setback lines (on all streets) labeled or
noted.
28 . Lots to be dedicated for public use labeled as such,
i.e.schools, parks, open spaces, etc. , showing acreage
and general perimeter dimensions. Also show any private
uses in same manner.
29 . Any proposed zoning labeled as such.
30. Schedule addressing phasing of development as shown on
the plat, with estimated beginning and completion data
for each phase, to include quantitative land use
schedule. Typically shown as follows:
Phase One Land Use Schedule
# of # of Net density Net
Land Use Zoning Lots Units (d.u. /acre) Acreage
Single family residential SF-1A 40 40 1 40
Single family residential SF-20A 40 40 2 20
Commercial Center C-3 - - - 5 . 8
Park , AG - - - 15
Streets - - - - 25
Phase one Sub-totals 80 80 1. 5 105.8
Phase one expected completion date: July, 1991.
31. Scaled dimensions of all lots, street R.O.W. , easements,
etc.
32 . Approximate flood plain and flood way limits shown.
33 . Additional plans required:
a. Preliminary Drainage Study: Shall include all
requirements as outlined in the Drainage Ordinance
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of the City including but not limited to the
following:
1. Shall be drawn over a mylar or reproducible
copy of the Preliminary Plat.
2 . Provide the name, address, and phone number of
the person preparing the study.
3 . Provide the signature and seal of the person
preparing the study.
4 . Contours in conformance with the following:
-Slope less than 2% : 2 ' vertical intervals
-Slope 2% to 15% : 5 ' vertical intervals
-Slope greater than 15% : 10 ' vertical
intervals
*Datum should be approved by the City Engineer.
5. Label all existing and proposed drainage
structures, i.e. , dams, spillways, flumes,
culverts, and note size and type, i. e. earth,
concrete, riprap, metal, RCP, VCP, etc.
6. Flow lines of all drainage and water courses,
i. e. streams, creeks, swales, etc.
7 . Delineation of on-site and contiguous off-site
drainage areas including acreages thereof.
This should include a contour map of the entire
drainage area contributing runoff to the
subdivision. Scale should not be smaller than
1" = 2 , 000 ' .
8 . Sufficient design calculations to determine
easement sizes and locations.
B. Preliminary Water and Sewer Layout: Shall include:
1. Existing and proposed water lines with sizes
shown.
2 . Existing and proposed sewer lines with sizes
shown.
*These may be shown on Preliminary Plat, drainage
study, or separately whichever would be more
legible.
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Section 3 . 03 Final Plat, Submittal Requirements:
A. After obtaining approval or conditional approval of a prelim-
inary plat and fulfilling all requirements of the Preliminary
Plat approval, the applicant may, if wishing to proceed with
the subdivision, submit a Final Plat. The Final Plat shall
be accompanied by a completed application and shall be in
accordance with all ordinance requirements.
B. The Final Plat is that instrument which becomes the official,
accurate, permanent record of the division of land. It shall
substantially conform in all aspects to the Preliminary Plat,
shall be clearly reproducible on mylar material and shall be
certified as hereinafter provided. It may include all or only
a portion of the area of the approved Preliminary Plat.
C. Sheet Size: All Final Plats, Plat Revisions, Amended Plats,
and Plat Showings shall be drawn on a sheet size of 24" by
36" . Plats that are within Denton County shall be drawn on
a sheet size of 24" x 36" and then mylars shall be
photographically reduced to 18" x 24" prior to obtaining
original signatures for filing in the county records. Where
more than one sheet is needed, an index showing the entire
subdivision shall be added to the first sheet or provided on
a sheet of its own to be filed with the plat.
D. The Final Plat shall contain the following information:
1. North arrow, graphic and written scale in close
proximity.
2 . Permissible scale: 1"=50 ' , 100 ' . (Prefer 1"=100 ' )
3 . Location map showing location of tract by references to
existing streets or highways.
4 . Appropriate title, i. e. , "Final Plat" , to include subdi-
vision name, City, County, State, Survey and Abstract,
total gross acreage and date of preparation.
5. Name and address of record owner and subdivider if dif-
ferent. Note volume and page of deed record ownership.
6. Standard approval block.
7. Name, address and phone of Surveyor.
8 . Name of record owner and corresponding deed record volume_
and page for all adjacent unplatted tracts.
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9. All adjacent platted property shown in dashed lines,
labeling lot and block numbers, subdivision name, and
plat record volume and page.
10. Location of City Limit Lines and/or extraterritorial
jurisdiction lines, all survey lines with survey names
labeled.
11. All existing easements on or adjacent to this tract shown
and labeled as to type and size.
12 . The location and dimensional centerline reference to
existing or approved street intersections on the
perimeter of the subdivision or within 200 feet of the
perimeter.
13 . Legal description of the land to include: Current owner' s
deed record reference, Survey and Abstract, P.O.B. tied
to survey corner or previously filed subdivision corner,
or USGS monument, gross acreage.
14 . Point of beginning labeled on plat.
15. Graphic depiction of all boundary lines shown in heavy
lines with a description that matches legal description.
16. Existing R.O.W. shown, labeled and dimensioned, i.e.
public streets, highways, alleys, private drives,
railroads, etc.
17. A 50 ' building setback line provided for S.H. 114 , F.M.
1709 , F.M. 1938 . (unless greater setback required by
zoning)
18 . Net acreage noted on each lot. (sq. ft. if less than one
acre)
19. Utility easements: Where adjacent property is unplatted
or platted showing a 5 ' U.E. , provide a 5 ' U.E. along
the property line; if adjacent property is platted and
shows no easement, provide a 10 ' U.E. along the interior
of the property line. A 10' U.E. should be provided
along the R.O.W. of S.H. 114, F.M. 1709 , and F.M. 1938 .
20. Street R.O.W. dimensioned, all streets having names
dissimilar from any existing street names.
21. R.O.W. dedication for existing R.O.W. widening shown and
dimensioned, provide dimensions from center of existing
R.O.W. at all adjacent property corners.
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22 . Lots and blocks labeled with numbers in consecutive
order.
23 . Drainage and utility easements labeled and dimensioned.
24 . Front building setback lines (on all streets) labeled or
noted.
25. Lots to be dedicated for public use labeled as such, i.e.
schools, parks, open spaces, etc. , showing acreage and
calculated perimeter dimensions. Also show any private
uses in same manner.
26. Calculated dimensions of all lots, street R.O.W. ,
easements, etc. (all curve data should be labeled)
27 . Flood plain limit shown and labeled. Flood way limit
shown and labeled with dimensional ties to all lot
corners.
28 . Reproducible acknowledgements, owner' s dedication,
endorsements and surveyor's certifications in accordance
with the official forms on file in the City Secretary' s
office. (see appendix)
29 . Avigation easement shown if applicable. (see appendix)
30. Minimum finish floor elevations shown on all lots
impacted by drainage easements or intended to be filled.
Finish floor note shown on plat. (see appendix)
31. Statement concerning deed restrictions shown. (see
appendix, only for amended plats)
32 . Flowage Easement note shown on plat if applicable.
(appendix)
33 . Sight triangle note shown on plat if applicable. (Section
7 . 02)
34 . Driveway access limitation note provided if applicable.
(Section 5. 01-H)
35. Additional plans required:
a. Complete and corrected preliminary water and sewer
layout. This may be combined with the drainage .
study and should show all intended easements.
b. Final Drainage Study: Shall include all require-
ments as outlined in the Drainage Ordinance of the
City including but not limited to the following:
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1. Shall be drawn over a mylar or reproducible
copy of the Preliminary Plat.
2 . Provide the name, address, and phone number of
the Engineer preparing the study.
3 . Provide the signature and seal of the Engineer
preparing the study.
4 . Label the location and elevation of the
topographic benchmark. Datum should be approved
by the City Engineer.
5. Contours in conformance with the following:
-Slope less than 2% : 2 ' vertical intervals
-Slope 2% to 15% : 5 ' vertical intervals
-Slope greater than 15% 10 ' vertical
intervals
6. Label all existing and proposed drainage
structures i.e. , dams, spillways, flumes,
culverts, storm drain and note size and type,
i.e. earth, concrete, riprap, metal , RCP, VCP,
etc.
7 . Flow lines of all drainage and water courses,
i.e. streams, creeks, swales, etc.
8 . Delineation of on-site and contiguous off-site
drainage areas including acreages thereof.
This should include a contour map of the entire
drainage area contributing runoff to the
subdivision. Scale should not be smaller than
1" = 2 , 000 ' .
9 . Sufficient design calculations showing final
easement sizes and locations.
10. Some drainage areas may require the applicant
to generate computer evaluation models (i. e.
HEC I, HEC II, etc. ) as determined by the City
Engineer and Director of Public Works. Should
these runs be required, an additional fee
sufficient to cover the City's cost of review
will be charged the applicant. The fee shall
be designated the "Computer Drainage Study
Review Fee" as outlined in the current Fee
Schedule adopted by City Council .
36. Additional Support Documents required:
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a. A percolation test for each lot which will not be
served by City sewer.
b. Completed Developer' s Agreement (prior to
construction of utility and drainage improvements)
9. Certificate of taxes paid from the City Tax
Collector
d. Certificate of taxes paid from the Tarrant County
Tax Collector
e. Certificate of taxes paid from the Local School
District Tax Collector
f. Any proposed or existing deed covenants/restrictions
g. Any proposed Homeowner' s Agreements and/or Documents
D. If a Final Plat in any way revises an existing recorded plat,
the provisions of Sections 3 . 06 and 4 . 06 shall apply.
E. No Final Plat shall be accepted for review for filing unless
a Preliminary Plat has been approved and is currently valid.
Section 3 . 04 Plat Showing, Submittal Requirements:
A. When a tract or parcel of land has not been previously platted
and recorded in the County Plat Records, the subdivider may,
at his option, elect to combine the Preliminary and Final
Plats of a subdivision and submit a "Plat Showing" whenever
the tract of land contains less than 10 acres and involves
three (3) or less lots and is to be subdivided without change
of street location or without substantial effect on City
services, drainage or adjacent properties. A subdivision
involving more than three (3) 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 Director of
Public Works. All requirements of Sections 3 . 01 and 3 . 03
shall be satisfied for submittal.
B. A Plat Showing of three (3) or fewer lots shall bear the name
of the original survey and abstract number in which said
property is located as an Addition. It is subdivided into
numbered lots out of that survey. The Building Official shall
maintain a ledger of assigned lot numbers and shall assign lot
numbers in orderly succession. Lot numbers shall be designated
in numerical order in sequence with the legal descriptions of
the previously recorded plats. No block numbers will appear
on the plat or in the legal description.
Example: Absalom J. Chivers Survey, Abstract No. 78
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Submitted as: Lot 1, A. J. Chivers No. 78 Addition
Section 3 . 05 Amended Plat Submittal Requirements:
A. Amending Plats are plats which:
1. Alter the interior lot line for purposes of a more build-
able area without changing the number of lots.
2. Correct errors defined as follows:
a. Correct error in course or distance.
b. Add any course or distance that was omitted.
c. Correct an error in the description of the real
property.
d. Indicate monuments set after death, disability or
retirement from practice of the engineer or surveyor
charged with responsibility for setting monuments.
e. Show location or character of any monument which
has been changed in location or character or was
incorrectly shown.
f. Correct scrivener or clerical error or omission;
may include, but are not limited to lot numbers,
acreage, street names and identification of adjacent
recorded plats.
g. Correct error in course or distances of lot lines
between two (2) adjacent lots where both lot owners
join in the proposed revision and neither lot is
abolished but does not attempt to remove recorded
covenants or restrictions.
h. Relocate a lot line in order to cure an encroachment
of a building improvement on a lot line or an
easement.
i. Relocate lot lines where all owners join in the
application for the plat amendment provided that
the amendment does not attempt to remove recorded
restrictions or covenants or change the number of
lots.
B. Amended Plats shall contain a note describing the correction,
framed in a bold line so as to be distinctly visible on the
face of the plat.
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C. All requirements of Section 3 . 01 and 3 . 03 shall be satisfied
for submittal of an amended plat and the following minimum
certification shall be added to the owner' s dedication on all
amended plats: "This plat does not increase the number of
lots or alter or remove existing deed restrictions or
covenants, if any, on this property. "
Section 3 . 06 Plat Revision, Submittal Requirements:
A. A Plat Revision is a revision of existing platted lots.
B. Prior to City approval of a plat revision involving four (4)
or more lots, a revised Preliminary Plat shall be submitted
and approved. In addition, a final drainage study may be
required at the discretion of the Director of Public Works.
1. The City Manager or his designated representative may
waive the requirement for a Revised Preliminary Plat when
the Plat Revision is without significant change of street
location, and without substantial effect on City
services, drainage or adjacent properties.
2 . A revised Preliminary Plat shall include all the area
within the limits of the original Preliminary Plat except
those areas which have unexpired Final Plat approval from
the City unless this requirement is specifically waived
by the City.
C. All requirements of Section 3 . 01 and if applicable 3 . 03 shall
be satisfied for submittal of a plat revision and the
following minimum certification shall be added to the owner' s
dedication on all plat revisions: "This plat does not alter
or remove existing deed restrictions or covenants, if any, on
this property. "
Section 3 . 07 Easements:
A. General:
1. Easements for utilities, drainage, walkways and other
comparable purposes shall generally be located along the
side or rear or front lot lines and/or drainage flow
lines and shall be labeled "Utility Easement" , "Drainage
Easement" , "Public Access Easement" , "Common Access
Easement" , or other specifically appropriate labeling on
the Final Plat.
2 . Easements for utilities shall be a minimum of ten feet
(10 ' ) in width and centered on lot lines unless otherwise
recommended by the City' s Engineer.
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3 . Easements for drainage, under normal conditions, shall
be measured from the centerline of creeks, ditches or
drainage channels, and shall be of width sufficient to
adequately serve the intended purposes.
4 . The City may require, in order to facilitate access from
roads to schools, parks, playgrounds, or other nearby
roads, perpetual unobstructed access easements for
pedestrian or bicycle traffic.
5. Easements dedicated on the plat shall be deemed dedicated
to the public and to the City of Southlake unless
specified otherwise.
B. Avigation Easement: All plats of property in the noise cone
as defined in the Zoning Ordinance, shall provide the
avigation easement note on the face of any plat intended to
be filed in the County Plat Records. (see Appendix)
C. Easement Abandonment: The following procedures are to be used
for the abandonment of easements in the City. The Department
of Public Works shall maintain the forms and procedures for
the abandonment of easements. (see Appendix) In both cases
outlined below it will be the responsibility of the applicant
to obtain original signatures from the utility company
representatives on the mylar to be filed at the county prior
to the Zoning administrator obtaining the signatures of
approval from the City representative. A processing fee
entitled "Easement Abandonment" shall be set by Council in the
Schedule of Fees. This fee shall be paid upon submittal of
the application and shall not be refunded under any
circumstances.
1. During platting: If the property is being platted then
the required abandonment statement and signature block
should be shown on the face of the Final Plat. The
easement to be abandoned shall be shown in faint lines
on the plat and clearly marked "to be abandoned with this
plat" .
2 . Not being platted: For all abandonments other than those
as noted above, a mylar exhibit clearly defining the
easement by metes and bounds must be prepared and include
the required abandonment statement and signature block
provided by the City Secretary.
D. Offsite Easements: Any necessary easements not shown on the
plat shall be procured by separate instrument and shall be the
developer or property owner' s responsibility. If the
developer or property owner cannot obtain a required offsite
easement, then the developer or property owner may request
that the City assist in the acquisition. The developer must
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make an offer in writing, based on the fair market value of
the easement, to the property owner from whom the easement is
being acquired. In any event, all costs of obtaining the
easement shall be the responsibility of the developer or
property owner and the City must be reimbursed for any costs
incurred including its attorney' s fees, condemnation award and
any fees or expenses of litigation whether at the trial or the
appellate level or both.
E. Common Access Easements: In an effort to reduce the
congestion created by a number of drives along streets while
maintaining adequate access to developments, the City may
require that "Common Access Easements" be dedicated at the
corners of lots not intended for low-medium density
residential developments when adjacent to lots of a similar
use. These easements will typically be 16 feet in width and
35 feet in length but may vary given the shape of particular
tract.
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ARTICLE IV
PROCEDURES FOR PLAT APPROVAL
Section 4 . 01 General Provisions:
A. Authority For Approval:
1. City Staff: The City Manager, upon receiving a recommen-
dation for approval from the appropriate City Staff, the
City Engineer, and City Attorney, is hereby granted
authority to approve all Amended Plats. Upon approval
by the City Manager, the Zoning administrator will obtain
the signature of the Mayor and City Secretary and file
the plat in accordance with this section.
2 . Planning and Zoning Commission: The Planning and Zoning
Commission shall review and recommend approval or
disapproval on all plats submitted to the City except
Amended Plats.
3 . City Council: The City Council shall establish
development requirements and adopt guidelines and
regulations governing the subdivision of land within the
city and it' s extraterritorial jurisdiction. The City
Council shall receive a recommendation from the Planning
and Zoning Commission on each preliminary and final plat
submitted to the City and shall then make a final
decision as to the approval or disapproval of all plats
and ancillary agreements.
B. Standard of Review: In evaluating each plat the P&Z
Commission and City Council shall be entitled to evaluate the
development proposal on the following factors:
1. Compliance with technical requirements of this Ordinance
for the design of lot, block and street arrangements.
2 . Compliance with the technical requirements of this
Ordinance for the design and construction of streets,
utilities and drainage structures.
3 . Compatibility with community land use plans.
4 . Compatibility with community thoroughfare plans, utility
extension plans and community facility plans.
5. Impact on surrounding developments and development
patterns.
6. Capability of the existing public works infrastructure
to support the development.
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7 . Impact of the development on the public school system.
8 . Consistency of the development plan with other municipal
regulations such as zoning regulations and airport zoning
regulations.
9. The fiscal impact of the development on the city as a
whole when analyzing the municipal costs of supporting
the development when compared to direct and indirect tax
revenue generated by the development.
C. Proper Zoning Required: 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.
D. Plat Review:After acceptance of the plat submittal , all plats
shall be examined by the City Staff and their appointed repre-
sentatives. This review will be made available to the
applicant. Any appeals by the applicant to the stipulations
shall be submitted in writing to the City in accordance with
the schedule adopted by the Council.
1. Plat review stipulations may include those generated by
City Staff and their representatives, members of the
Commission. Such stipulations may include those outlined
in this ordinance and other ordinances of the City,
and/or stipulations which are reasonable in nature and
intended to promote the health, safety, and general
welfare of the community.
2 . The stipulations of the Plat Review are hereby made
conditions of plat approval unless specifically amended
by the City Council.
E. Construction Document Review:
1. Construction Plans/Specs. : Construction plans, specifi-
cations and related documents shall not be required as
a prerequisite to the approval and filing of a Plat.
However, some portion of the construction documents may
have to be prepared by the Applicant and submitted for
review and approval prior to filing of the Plat should
the Plat be potentially impacted by a construction
related issue.
Approval of construction plans will be a prerequisite to
the initiation of any construction. Plan preparation,
submittal and review are outlined in related ordinances
of the City. A separate fee entitled "Construction Plan
Review Fee" in the schedule of fees as adopted by City
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Council shall be paid upon the submittal of construction
plans.
2 . Off-site Drainage Study: An off-site drainage study may
be required with the submittal of construction plans.
This may analyze upstream and/or downstream impacts and
should address any improvements needed off-site to
prevent flooding of established developments. If
required, this study shall be a prerequisite to the start
of construction.
F. Developer' s Agreements: No utility, street or drainage
improvement construction or any public or private improvements
shall be allowed until a developer' s agreement has been
approved by Council unless this requirement is waived by the
Council upon a showing of good cause. The developer' s
agreement shall, among other things, address the physical
public improvements, i.e. streets, water, sewer, storm
drainage, street lights, street signs, and other applicable
required services, features or facilities, which are to be
installed in the subdivision. Such agreement shall be based
on cost estimates thereof, prepared by the subdivider' s
engineer and reviewed by the City Engineer.
G. Action Required: All plats shall be approved or disapproved
within the time frame established in Chapter 212 of the Texas
Local Government Code unless the applicant requests that such
plat be tabled.
H. Recording of Plats: Within fourteen (14) days after the later
to occur of plat approval and compliance with all stipulations
of approval, acceptance of fiscal agreements, payment of fees
and assessments, and payment of current and delinquent taxes
due, the plats shall be recorded in the County Plat Records
by the City. The Final Plat shall not be returned or released
to the subdivider until recorded as provided above.
1. Original Signatures on Mylar: All plats intended to be
filed by the City in the County Plat Records must be
signed and notarized as described in the "Procedure for
Recording of Plats" available from the Zoning
administrator. (see Appendix) There are different
procedures for Tarrant and Denton Counties. A common
requirement is that all revisions to the plat shall be
made prior to running the black-line mylars which are to
be signed by the owner, notary, surveyor, and City
representatives. The mylars and prints required by the
Counties shall not be accepted for filing by the City if
there is any other original ink, other than signatures
and seals, appearing on the plat. The Zoning
administrator will then obtain signatures of the
appropriate City representatives.
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2 . Special Filings: In the event that a special filing with
the County is requested by the applicant, a check payable
to the City of Southlake shall be submitted to the City
Secretary in the amount of the appropriate fee and
expenses. Fees for special filings of plats shall be set
by resolution of the City Council.
3 . Two-County Plats: In the event that a plat encompasses
land that is within both Denton and Tarrant Counties, an
additional fee will be charged sufficient to cover the
additional filing costs and expenses of filing in both
counties.
4. Request not to File: Should the applicant decide to
direct the City not to file the approved plat, a letter
must be submitted to the City from the applicant prior
to the City filing the plat requesting that the plat not
be filed in the County Plat Records.
I. Expiration of Plats:
1. Preliminary Plat: A Preliminary Plat shall expire two
years from the date of approval. Said expiration date
shall be extended one year from the latest date of filing
a Final Plat on a portion of said Preliminary Plat in the
County Plat Records.
2 . All other plats: A Final Plat, Plat Revision, Amended
Plat or a Plat Showing which has not been recorded in the
County Plat Records within one year of the date of
approval shall expire.
3 . Extensions: The City Council may extend the expiration
date of an approved plat upon written petition for such
extension by the owner prior to the expiration of the
plat but not to exceed one (1) year.
4 . Resubmittal: Upon the expiration of a plat, the
applicant must proceed through the applicable process in
its entirety, to include fee submittal and the review
process.
5. It shall be the applicant's responsibility to monitor the
timing of the plat and the potential for expiration.
Section 4 . 02 Preliminary Plat, Processing:
A. The Preliminary Plat will be scheduled for consideration on
the first available Planning and Zoning Commission agenda as
determined by the date of acceptance for review and the
calendar schedule adopted by the City.
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1. In the event a public hearing under the requirements of
Chapter 212 of the Local Government Code is required on
any area contained within the Preliminary Plat, it shall
be scheduled and due notification given for the hearing
to be held by the Planning and Zoning Commission.
2 . After the Planning and Zoning Commission has reviewed the
preliminary plat and forwarded a recommendation to the
City Council the Council shall consider the preliminary
plat and approve or disapprove it.
3 . Upon approval of the Preliminary Plat by the Council, the
applicant may submit a Final Plat on all or a portion of
the property contained in the approved Preliminary Plat.
4 . Upon disapproval of a Preliminary Plat, the subdivider
may, at any time, submit a new design for processing
following the same procedure as required for the original
application including fee submittal .
Section 4 . 03 Final Plat, Processing:
A. Approval of the Preliminary Plat by Council after the
effective date of this Ordinance, shall constitute conditional
approval of the Final Plat.
B. The Final Plat will be accepted for review, Plat Review
comments generated and a copy of this review given to the
applicant. The Final Plat accompanied by the Plat Review
comments shall then be sent to the Planning and Zoning
Commission and then the City Council for action.
Section 4 . 04 Plat Showing, Processing:
A. Plat showings shall be accepted by the City, scheduled for
plat review and recommendation by the City Staff and. their
representatives, and placed on the agenda of the Commission
for review and action in accordance with the adopted schedule.
Section 4 . 05 Amended Plat, Processing:
A. Amending Plats as defined previously shall be reviewed by the
City Manager or his representative. No stipulations except
those pertaining to the accuracy/clarity of the face of the
plat or the provision of adequate utilities or payment of
delinquent fiscal charges shall be added as a condition of
filing such a plat and no changes may be shown other than as
specified in this ordinance.
B. The plat shall go through the plat review process and a copy
of this review shall be given to the Applicant. The Applicant
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must make necessary corrections prior to obtaining approval
from the City.
C. When approved for filing by the City Manager, signatures shall
be obtained and the plat shall be filed in accordance with
this ordinance.
D. Should any of these conditions prove unacceptable to the
Applicant, Amending Plats may be submitted and processed as
Plat Revisions.
Section 4 . 06 Plat Revision, Processing:
A. Plat Revisions shall be submitted to the City, scheduled for
review and recommendation by the City Staff and their
representatives, and placed on the agenda of the Commission
and Council for review and action in accordance with the
adopted schedule.
B. Replats or revisions involving property which during the
preceding five (5) years was limited by an interim or
permanent zoning classification to residential use for not
more than two residential units per lot; or was limited by
deed restrictions to residential use for not more than two
residential units per lot shall be processed in accordance
with Chapter 212 of the Local Government Code.
C. A plat revision of property which has not been limited by an
interim or permanent zoning classification to residential use
for not more than two residential units per lot and which
contains an executed certification stating that no deed
restrictions exist on the property which require one or two
dwelling units per lot shall be processed only after a Public
Hearing is called and notification given as required by State
Law.
D. Exemptions. A public hearing shall not be required for a Plat
Revision meeting the following requirements:
1. Plat Revision of an original one lot plat which has not
been subdivided.
2 . The immediately preceding plat or replat of the
subdivision has been vacated in accordance with Chapter
212 of the Local Government Code.
3 . All property owners within the previous subdivision join
in the replat by certification on the replat.
4 . The proposed revision involves only a correction of error
as described previously under Amended Plats.
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ARTICLE V
STREET AND RIGHT-OF-WAY REQUIREMENTS
The following general requirements are to be applied in any
subdivision that involves one or more streets of any classificat-
ion.
Section 5. 01 General:
A. Thoroughfare Plan: The streets of a proposed subdivision
shall conform to the general intent of the approved Thoroughf-
are Plan. It will be the responsibility of the City's
Engineer to determine final alignment and related
R.O.W. dedications.
B. Continuity of Street Systems: Proposed streets for a subdi-
vision shall be effectively related to the present and future
street system and development of the surrounding area. Any
proposed streets shall provide for appropriate continuation
or completion of any existing streets, whether constructed or
dedicated, which project to the limits of a proposed
subdivision or are adjacent to the subdivision. In the event
that dead end streets either dedicated or constructed are not
to be extended, permanent turn around facilities shall be
constructed by the developer not extending such street.
Appropriate provisions (Section 5. 03-K-1) shall be made for
access to adjoining unsubdivided land.
C. Adequate Emergency Access: To insure adequate access to each
subdivision, there should be at least two (2) planned points
of ingress and egress, except that cul-de-sacs shall be
permitted in conformity with Section 5. 03-I. The Council may
require that more than two access points be constructed if the
configuration, number of lots, or other consideration creates
the need for the additional access points.
D. Controlling Access Strips: The reservation of private owner-
ships of strips of land at the end of or alongside proposed
or existing streets which are intended solely or primarily for
the purpose of controlling access to property not included in
the subdivision shall be prohibited.
E. Half-Streets: Half-streets shall be prohibited except where
essential to the reasonable development of the subdivision in
conformance with other requirements of this ordinance, and
where the Council finds it will be practicable to obtain
dedication when the adjoining land is platted.
F. Private Streets: The developer, may, at his own option,
choose to provide private streets in the subdivision plans.
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Construction and maintenance of these private ways will be the
responsibility of the developer and/or subsequent owners. All
private streets shall conform in design, width and
construction, including the R.O.W. thereof, with all require-
ments for public streets as controlled by this and other
ordinances of the City. Additionally, all areas designated
for private streets or other access ways shall also be
designated as Public Drainage and Utility Easements.
G. Alleys: Alleys shall not be allowed unless specifically
approved by the Council.
H. Limitations on Driveway Access:
1. Access Prohibited: To minimize traffic hazards created
by numerous intersections along major thoroughfares,
where a residential subdivision will abut on or contain
an existing or proposed arterial street, the plan shall
be designed so that direct vehicular access from any
residential lot to such arterial street is prohibited.
Where other means of access are not available or permit-
ted, alleys or private easements for access shall be
provided when specifically approved by the Council . The
street system should be designed to allow a minimum of
individual access drives to collector streets.
2 . High Density Residential Access: For the benefit of
traffic safety in areas of higher density residential
development, high density residential subdivisions shall
be designed to provide rear entry access from a private
access easement where the characteristics of the
particular subdivision render such access appropriate for
the benefit of the public health, safety and welfare.
3 . Plat Requirement: The following note may be required on
the face of any plat intended to be filed in the County_.
Plat Records.
"No lot within this addition shall be allowed
driveway access onto Street"
Section 5 . 02 Right-Of-Way Requirements:
A. Street right-of-way shall be as shown in the Thoroughfare
Plan, and where not shown therein, shall be not less than the
following:
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Street Type Right-of-Way Width
State/County varies (100 ' -500 ' )
Arterial (Boulevard) 84 feet
Collector 64 feet
Minor Collector. . (Commercial-Ind. ) 60 feet, 60 ' Rad. Sac
Minor,Collector. . . . (Residential) 50 feet, 50 ' Rad. Sac ,
Local Street (Commercial-Ind. ) . . 60 feet, 60 ' Rad. Sac
Local Street (Residential) . . . . 50 feet, 50 ' Rad. Sac
B. Additional R.O.W. may be required at intersections where
adjacent property is zoned commercial, industrial, or other
high intensity use for the purposes of providing free right
turns, center turn lanes, or other beneficial alignments which
are intended to alleviate existing or potential traffic
congestion.
C. Additional R.O.W. dedications may be required to eliminate
street intersection offsets, as determined by the City
Engineer.
D. The owner shall be required to dedicate right-of-way as shown
in the Thoroughfare Plan, or as required in this section for
all streets, or parts thereof, within or at the perimeter of
the subdivision as a prerequisite for plat approval unless
specifically stated otherwise. In the event that a major
state or county thoroughfare lies within or directly adjacent
to a development, the development shall only be required to
dedicate such right-of-way as reasonably relates to the need
created by and the benefit received by that development. In
no event shall a development be required to dedicate a right-
of-way greater than one hundred and twenty (120) feet in
width.
Section 5. 03 Street Design Requirements:
A. Curvilinear Design Requirements:
1. Compliance: Subdivisions located in the residential
zoning districts which will contain lots of less than one
acre in size shall design and provide for all minor and
local streets in a curvilinear manner, except when:
a. In the determination of the Planning and Zoning
Commission the shape or topography of the
subdivision, existing zoning or the pattern of the
adjacent street system would make the provision of
such curvilinear streets impractical .
b. The subdivision contains ten (10) or less gross
acres of land and was not acquired or conveyed out
of a larger tract of land without benefit of plat
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approval and recording in accordance with the
provisions of this ordinance.
c. The subdivision is part of and conforms to an
unexpired preliminary plat approved prior to the
date of the approval of this ordinance.
2 . The maximum centerline radius for such streets shall be
eight hundred feet (800 ' ) .
3 . All cul-de-sacs and block lengths of eight hundred
feet (800 ' ) or less shall be considered as meeting the
intent of the curvilinear street standards provided each
end of the frontage street terminates at the block' s end.
4 . The requirements contained herein for the provision of
curvilinear streets shall be presumptively complied with
when fifty percent (50%) of the lots fronting on local
streets within the subdivision have a curved front lot
line for more than fifty percent (50%) of the lot fron-
tage.
B. Design Speed: The alignment and design of streets should be
such that arterial streets have a safe running speed of 40
miles per hour, collector streets have a safe running speed
of 30 miles per hour, and residential streets have a safe
running speed of 20 miles per hour.
C. Intersecting Angles: No street intersecting an arterial
street shall vary from a 90 degree angle of intersection by
more than 10 degrees. Intersections involving a collector
street shall not vary from 90 degrees by more than 20 degrees.
D. Intersection Offsets: The number of minor or local street
offsets should be minimized but, when approved, should offset
a minimum distance of one hundred twenty-five feet (125 ' ) on
center lines. At the intersection of two collector and/or
arterial streets, no offsets shall be permitted.
E. Hierarchy of Street Pattern: Where a development will abut
or contain an existing or proposed arterial street, a plan
shall be approved which would provide a minimum number of
intersections along each arterial street. Arterial streets
should be intersected only by other arterial streets or
collector streets rather than minor streets. There shall be
a minimum of two thousand feet (2 , 000 ' ) between intersections
of arterials and/or collector streets. Minor collector
streets may intersect arterial streets upon specigic approval
of the Director of Public Works. There shall be no median
break at such intersections and they must be at an interval
of 600 ' or greater. Minor or local streets should be planned
to serve only local traffic.
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F. Horizontal Alignment:
1. Centerline Radius: The following minimum centerline
radii shall be used in the design of all street
construction:
STREET TYPE MINIMUM RADIUS
Arterial 84 ' R.O.W. 1, 000 feet
Collector 64 ' R.O.W. 600 feet
Minor Collector 50 ' -60 ' R.O.W. 400 feet
Minor or Local 50 ' -60 ' R.O.W. As approved by City' s Engineer
2 . Common Tangents: Reverse Circular Curves having a common
tangent shall be separated by a tangent section in
accordance with the following table:
TYPE STREET MINIMUM TANGENT BETWEEN CURVES
Arterial 200 feet
Collector 100 feet
Minor Collector 50 feet
Minor or Local As approved by City' s Engineer
G. Vertical Alignment:
1. Minimum Grades: No streets shall be designed or con-
structed to a grade less than 0. 5 of one percent (1%)
unless by prior approval of City' s Engineer.
2 . Maximum Grades: No streets shall be designed or con-
structed with grades in excess of the following:
TYPE STREET MAXIMUM GRADE
Arterial 6 . 0%
Collector 8 . 0%
Minor Collector 10 . 0%
Local or Minor As approved by City' s Engineer
3 . Vertical Curve Lengths: In order to maintain adequate
sight distance, the following minimum lengths of vertical
curves shall be required:
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TYPE STREET MINIMUM VERTICAL CURVE LENGTH
Arterial 50 feet for each algebraic
percent difference in grade
Collector 50 feet for each algebraic
percent difference in grade
Minor Collector 50 feet for each algebraic
percent difference in grade
Local or Minor As approved by City Engineer
H. Variations: In the case of existing topographic features
which prohibit the reasonable use of the above-specified
design requirements, consideration will be given for a
variation. A request for such variation must be made in
writing to the City and must include an accurate topographic
map of the area in question showing the proposed design.
I. Cul-de-Sacs: Generally, a maximum number of twenty (20)
dwelling units should be permitted on a cul-de-sac street
permanently designed as such. Additionally, the length of the
Cul-de-Sac should not exceed 1, 000 feet or be less than 150
feet in length. However, density of development, topography,
lot sizes and other significant factors will be weighed in
determining the length of a cul-de-sac street.
J. Block Lengths: Residential and industrial blocks generally
shall not be longer than 1, 200 feet and business blocks not
longer than 1, 000 feet with the optimum being 900 feet.
Conditions of topography, surrounding platted subdivisions or
circulation requirements may dictate further study of the
block length. Extremely short block lengths should be avoided
as well to eliminate the potential for increased traffic
congestion created by too many intersections. Council may
require a public walkway midway in a block for the purpose of
allowing pedestrian access to parks, schools, etc. The
minimum width of the right-of-way for a public walkway (other
than sidewalks) shall be six feet (6 ' ) . The entire
right-of-way shall be paved.
K. Dead-End Streets:
1. Future Connections: Dead end streets shall be permitted
only where a future extension or connection is to be
made. Street stubs shall be provided into adjacent
property at a minimum of 1, 000 feet apart.
2 . Drainage Improvements: Proper provision shall be made
for adequate storm drainage at the ends of dead end
streets.
3 . Barricades: Appropriate barricades and other traffic
controls shall be installed by the developer at dead
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ends, in accordance with the Paving and Drainage
Ordinances.
4 . Temporary Turnaround Easements: In the event that a
dead-end street is allowed, the City may require an
adequate cul-de-sac or temporary turnaround easement to
be shown on the plat on dotted line.
5. Provide that cul-de-sac have a 60 ' right-of-way radius
and fifty feet (50 ' ) for pavement measured from back of
curb.
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ARTICLE VI
WATER, SEWER, PAVING AND DRAINAGE IMPROVEMENTS
Section 6 . 01 Water and Sewer Improvements
A. General Policy: It is a general policy of the City that all
water and sewer improvements within, adjacent to, servicing,
or being impacted by any proposed subdivision be regulated by
the City.
B. Controlling Ordinance: All requirements related to water and
sewer improvements which are within, adjacent to, servicing
or otherwise being impacted by any proposed developments are
described in the most current ordinance related to Water and
Sewer Improvements as adopted by the City, and are hereby
adopted as a part of this ordinance as if included in its
entirety.
Section 6. 02 Paving and Drainage Improvements:
A. General Policy: It is a general policy of the City that all
paving and drainage improvements and related improvements
within, adjacent to, servicing, or being impacted by any
proposed subdivision be regulated by the City.
B. Controlling Ordinance: All requirements related to paving and
drainage improvements which are within, adjacent to, servicing
or otherwise being impacted by any proposed developments are
described in the most current ordinance related to Paving and
Drainage Improvements as adopted by the City, and are hereby
adopted as a part of this ordinance as if included in its
entirety.
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ARTICLE VII
PARK AND RECREATION DEDICATION REQUIREMENTS
Section 7 . 01 Park and Recreation Dedication Requirements:
1 . Purpose: The requirements for open space, park and
recreational areas contained in this ordinance are intended
to ensure that in new residential developments in the City of
Southlake there will be sufficient land dedicated or otherwise
set aside to meet the demand and need of the future residents
of the development for open space,, and neighborhood parks,
containing passive or active recreational areas that are
reasonably attributable to such development. In determining
the size of the parcel, or parcels, that should be set aside
and reserved in the manner set out in this ordinance, the City
Council has taken into consideration the projected growth in
population and development within the municipality and the
amount of open space and park and recreational facilities
needed to accommodate such growth. It is the policy of the
municipality that when land is dedicated or otherwise set
aside and reserved for open space and park and recreational
development it is designed to serve and shall be of such size,
character, and dimensions as is necessary to provide usable
open space and park and recreational areas.
2 . Application: No final subdivision plat shall be approved on
any development until the dedication requirements of this
section have been met. For any plat including an existing
residential dwelling the lot with the existing dwelling shall
be exempt if the residential dwelling remains on the lot.
Section 7 . 02 Park and Open Space Policy:
A. The City Council of the City of Southlake has adopted a
comprehensive plan for the provision of park land, open
space and recreation areas and facilities. Said plan is
to be maintained and updated by the City Planing and
Zoning Commission and City Park Board as a part of the
comprehensive planning process . Under this plan, the
City Council has determined that one acre of park land
or dedicated open space shall be required for each fifty
(50) residential lots or living units placed in
development. This requirement is based upon the recent
development trend of the community which is resulting in
an average of two residential dwelling units per acre.
Existing population by housing unit statistics reflect
a population density of approximately three individuals
per living unit. The City Council , as a portion of its
park and recreation planning activities, has determined
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that one acre of park or dedicated open space should be
provided for each 150 residents of the City.
B. Although commercial and industrial development does not
generate residential occupancies per se, it does create
environmental impacts which may negatively affect the
living environment of the community. These impacts may
be ameliorated or eliminated by providing park or open
space areas which buffer adjoining land uses, prevent
undue concentration of paved areas, allow for the
reasonable dissipation of automotive exhaust fumes,
provide natural buffers to the spread of fire or
explosion, and provide separation of lighting, waste
disposal, and noise by-products of commercial and/or
industrial operations and activities from adjacent
residential areas. The City Council has therefore
determined that commercial and industrial activities
should provide dedicated parks and/or reserved open space
at a level of one acre of land .for each 50 gross acres
of development or portion thereof.
C. In compliance with the terms and conditions of this
ordinance, each subdivider or developer, in the course
of subdivision, shall comply with the following:
1. Whenever a final plat is submitted to the City of
Southlake for approval , such plat shall contain a
clear fee simple dedication to the City of Southlake
of an area of land for park purposes, which area
shall equal one acre for each 50 residential
lots or living units to be covered by the
residential development and/or 50 acres of land
projected for commercial or industrial development.
Multi-family development shall be assessed on a
living unit rather than lot basis. Each duplex,
triplex, fourplex or apartment development shall be
required to reflect the number of living units to
be incorporated in the development on the
preliminary and final plat submissions.
2 . The City Council has determined that the development
of an area smaller than five acres in size for
public park purposes is impractical and creates
unreasonable and unnecessary maintenance and
operating expenditures. In appropriate
circumstances, the Council may accept a dedication
of park land of less than five acres. However, if
fewer than two hundred fifty (250) lots or living
units of residential development or 250 acres of
commercial or industrial development are projected
for development on the final plat, the subdivider
or developer may be required to pay a fee in lieu
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of dedication to be used by the City for the
acquisition of park or open space areas. The fee
shall be determined as set forth in Section 7 . 03
below.
3 . In any case where a dedication is required the City
shall have the right to accept the dedication as
submitted for approval on the final plat, or in the
alternative, to refuse dedication of the same, and
in lieu thereof to require payment of cash under the
formula set forth in Section 7 . 03 below or to allow
the developer to construct recreation or park
improvements. The City may permit a combination of
dedication, improvements and fees to be used to
fulfill this requirement.
4 . Any developer, irrespective of the size of the
proposed development, who desires to pay a fee or
construct public improvements in lieu of the
dedication of land, may make such a proposal to the
City Council , who may agree to accept the payment
of a fee or the construction improvements in lieu
of dedication or some portion thereof.
5. In conformity with its park and recreation plan the
City may choose to purchase and improve a tract of
land for park or recreation development prior to the
initiation of any subdivision platting activity in
the immediate area. If the City acquires property
in such a manner, it may utilize any fees in lieu
of dedication collected from platted subdivisions
or developments to reimburse the municipal account
from which funds were drawn to acquire the park or
open space site.
6. If a developer desires to incorporate private park,
recreation or open space areas or amenities within
his development he may receive limited credit for
these facilities against his public open space
dedication requirements. A developer shall be
entitled to request credit for any private park,
recreation or open space area, but such private
park, recreation or open space amenities may never
satisfy more than 50% of the total park and open
space dedication requirement.
7 . No land dedicated or otherwise reserved in
compliance with this article shall have, dimensions
smaller than one hundred (100) feet in width and one
hundred fifty (150) feet in depth. In any
development which includes wooded areas, flood
plains, or other natural features which are
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desirable to maintain, the City Council may grant
an exception from the strict application of these
minimum dimensions whenever it determines that by
doing so the protection and preservation of such
areas will be promoted.
Section 7 . 03 Fees in Lieu of Dedication: In order to ensure that
park and open space areas are provided in such locations and sizes
as to best meet the recreational needs of the community, the City
Council has established a provision to receive the payment of fees
in lieu of the dedication of land area.
A. Annually, during its budget adoption process, the City
Council of the City of Southlake shall establish a raw acreage
acquisition cost figure to be used in calculating park fees. The
Council. shall , after reasonable study and investigation and based
upon the best available information as to land and property values
within the community determine what the cost would be of acquiring
one acre of vacant- land in a developing area of the community.
This figure shall be the raw acreage cost under which all park fees
are calculated for the budget year.
B. If a developer should be required or choose to make a
payment of fees in lieu of the dedication of land for park and
recreation purposes he will notify the Planning and Zoning
Commission of the number of acres projected for development in his
final plat at the time of final plat submission. The City will
then determine how much land the developer would have been required
to dedicate by determining what percentage of a full 50 lot
residential or 50 acre commercial or industrial subdivision is
covered by the land area within the area to be platted. Where a
developer is proposing to pay a fee in lieu of land dedication for
an area larger than 50 lots, the method of calculation is identical
but the percentage will exceed one hundred percent.
C. The subdivider will pay the applicable fee to the City
Secretary prior to the execution and approval of the Developer
Agreement.
D. Funds received by the City Secretary pursuant to this
provision will be deposited in a special escrow account denominated
as the Park Land Account of the City of Southlake. Funds placed
in this account may be expended only for the purchase, lease, or
other acquisition of park and open space areas by the City of
Southlake, the improvement and site preparation of such areas and
sites, the extension of utilities to such sites, the installation
of landscaping, play equipment or recreation improvements on such
sites, and/or attendant engineering and planning costs associated
with such park activities. Funds placed in this account may not
be utilized for any other general business activity of the City.
All expenditures from this fund shall be made in accordance with
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the City' s park and recreation plan and shall be approved by the
City Council of the City of Southlake, Texas.
Any individual , organization or entity desiring to make
a contribution to the park and recreation system of the City of
Southlake may contribute funds to be placed in this account. Once
funds have been placed in this specific account of the City, they
are bound by the restriction on use encumbering funds paid as a fee
dedication requirement.
Section 7 . 04 Character of Dedicated Land:
1. Land dedicated or otherwise set aside for open space and park
and recreational areas shall be of such size, dimensions,
topography, and general character as is reasonably required
for the type of use necessary to meet the demand and need of
future residents, e.g. , open space buffer, active recreation
for team or individual sports, playground, tot lot, picnic
, area, etc.
2 . Natural areas or flood plains which provide unique
opportunities may be included in areas dedicated or otherwise
set aside or reserved for open space. In considering any area
for dedication which does not meet the standards of this
ordinance and where the ordinance allows the municipality to
employ its discretion, the following may be considered:
a. Preservation area of unique natural beauty, area
possessing unique natural features, or other ecologically
valuable areas .
b. Facilities may be developed in partial fulfillment of
required parkland dedication.
c. Whether the area is proposed to be contiguous to an
existing or proposed school site.
d. A combination of land dedication and fees paid in lieu
of a portion of the land dedication.
e. Where developments are contiguous two or more required
dedications may be combined to form a single, viable park
area.
f. Acreage dedication which would expand existing parks or
recreation facilities.
g. An applicant may transfer the required parkland in a
subdivision to another location owned by the same
applicant within the City of Southlake with the consent
of the City.
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Section 7 . 05 Maintenance of Private Parkland:
a. If the open space and park and recreational areas
required by this ordinance are to remain private, such
areas shall be maintained by and deeded to a homeowners '
association, or a trustee. No plat containing a
reservation of private open space and park and
recreational areas shall be approved until the applicant
shall have filed with the City a declaration of the
covenants and restrictions that will govern such
association or trustee, and received approval of the same
from the Planning and Zoning Commission and the City
Council. Such instrument shall be approved by the City
Attorney as to legal form and effect, and the City
Council as to the suitability of the proposed use of the
proposed open space and park and recreational areas.
b. The covenants and restrictions, when submitted, shall
provide: For establishment o:: the homeowners '
association or trust prior to the sale of any part of
the property, that the covenants and restrictions and
maintenance shall be permanent, that the homeowners are
liable for the payment of maintenance fees and capital
assessments, that unpaid homeowners ' fees and assessments
will be a lien on the property of the delinquent
homeowners, that the association or trustee shall be
responsible for liability insurance, taxes and perpetual
maintenance, that membership shall be mandatory for each
homeowner and any successive buyer, and that each
homeowner, at the time of purchase, shall be furnished
with a copy of the approved restrictions or conditions.
Section 7 . 06 Platting Requirements: Any land dedicated or
otherwise reserved under this ordinance for open space or park and
recreational areas shall be shown on the face of a plat submitted
for approval by the Planning and Zoning Commission. The land
proposed to be dedicated or otherwise reserved shall be submitted
by the developer or owner simultaneously with the filing of the
preliminary plat to the city staff for consideration by the
Planning and Zoning Commission for recommendation to the City
Council . Upon approval, the final plat shall be filed of record
in Tarrant County.
Section 7 . 07 Facilities Improvements in Lieu of Reservation of
Open Space or Park and Recreational Areas:
A developer may have the option of improving existing facilities
of municipal parks or developing dedicated parkland, in lieu of
parkland dedication or payment of cash. Should any of these
options be exercised, the municipality and the developer shall ,
prior to initiation of work on such improvements, enter into an
agreement for credit of expenses for authorized park improvements.
7-6
In no case shall the municipality be required to reimburse the
developer if he chooses to improve parklands at a greater amount
than required. Such agreement to provide facility improvements in
lieu of dedication or reservation shall be clearly noted on the
face of the preliminary plat at the time of submission to the City
for action.
Section 7 . 08 Prior Dedication or Payment of Cash in Lieu of
Dedication or Reservation:
1 . Credit shall be given for any dedication or reservation of
open space or park land (but not in excess of 50% of the
requirement if the park land is private) or payment of cash
in lieu of dedication or reservation made pursuant to this
ordinance or deed restriction prior to the date of passage of
this ordinance.
2 . If a dedication or cash payment in lieu of dedication
requirement arose prior to the passage of this Ordinance, that
dedication or cash payment in lieu of dedication requirement
shall be controlled by the provisions of the ordinance in
effect at the time such obligation arose, provided the final
subdivision plat has been filed with the City for approval
prior to the passage of this Ordinance.
3 . At the discretion of the City Council , any former gift of land
to the municipality may be credited on a per-acre basis toward
eventual land dedication requirements imposed on the donor of
such lands. The City Council shall consider the
recommendations of the Planning and Zoning Commission and the
Park Board in exercising its discretion under this paragraph.
The City Council may, at its discretion accept any combination of
land, facilities improvements, or monies in compliance with this
ordinance to meet the demands and needs of future residents.
Section 7 . 09 Standards for Dedicated Parklands:
1. That the Owner and/or Developer agree that no construction
materials be disposed of or deposited within the park by its
contractor, subcontractors, employees or agents at any time
while the subdivision is being built. If materials are
deposited or disposed of within the park, the Owner and/or
developer will be required to remove these materials within
72 hours of written notice by the City.
2 . That each corner of the parkland to be donated be permanently
monumented with 3/4" iron pins set in concrete. ,These shall
be located and identified on a recordable plat or land survey
completed by a land surveyor registered in the State of Texas
and provided to the City by Owner and/or Developer.
7-7
3 . That before the City accepts this land, the developer shall
remove all trash and dead trees.
4 . That the developer provide for adequate drainage through the
proposed park to eliminate standing water and health hazards.
5. A minimum size of 6" water main and sewer where available to
be stubbed to the park area, in location(s) specified by the
Director of Public Works to provide for future water and sewer
needs of the park.
6 . Sidewalks where applicable be constructed that provide
contiguous walkways.
7 . Signage designating this area as parkland may be supplied by
developer and/or owner. The selection and type of signage
will be approved by the Director of Public Works .
8 . Any detention ponds and/or other drainage facilities to be
placed in areas which are to be dedicated as parkland must be
designed and constructed to allow for dual recreational use.
Construction plans may be required to demonstrate that the
design, placement, and construction of such ponds meets the
requirements of the Director of Public Works .
9 . Developer shall meet with Director of Public Works to
establish a written punch list of all the above items.
The City Council may, at its discretion accept any combination of
land, facilities improvements, or monies in compliance with this
ordinance to meet the demands and needs of future residents.
7-8
ARTICLE VIII
MISCELLANEOUS REQUIREMENTS
Section 8 . 01 Lotting Requirements:
A. Every lot shall abut on a Public Street or a private street.
B. All lots, regardless of zoning or whether or not zoned, that
are not served by a public or quasi-public community sewer
system, shall contain a minimum area of one acre to support
a private septic tank and leach field. Commercial or
Industrial lots may be allowed a smaller lot size upon
approval of the proposed sewage treatment system by the
Director of Public Works. A subdivision may, at the
discretion of the Commission, be deemed to be served by a
public sewer system if a Developer Agreement has been executed
with the City outlining provisions for extending public sewer
service to the development and providing for payment by the
development of all required approach main, connection and
impact fees necessary to acquire the service. •
C. Double fronted residential lots shall not be allowed.
However, lots which are backed up to an arterial street shall
be allowed when there is no access allowed from these lots to
the arterial street.
E. All lot lines shall be perpendicular to the R.O.W. lines or
radial in the case of a cul-de-sac or curvilinear design.
F. A row or tier of lots having a minimum lot width of 125 feet
at the rear property line shall be provided adjacent to any
property meeting either of the following criteria:
1. The tract is currently zoned or platted residential and
contains lots of one acre or larger.
2 . The tract is shown on the approved City Land Use Plan to
be designated for lots of one acre or larger in size.
3 . Buffer lots - 30, 000 minimum next to platted SF1 or R40
subdivision.
G. All corner lots within the municipal city limits shall have
setback lines on both streets equal to the front setback line
as required by the Zoning Ordinance unless such lots align
back-to-back with another lot which would allow both lots to
show a side-yard setback along the side street.
H. All lots within the Extraterritorial Jurisdiction of the City
shall have a minimum 40 ' building setback line from all
streets adjacent to the lot.
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I. All lots within the City Limits shall meet the requirements
of the zoning ordinance of the City.
Section 8 . 02 Sight Triangle:
A. Definition: A sight triangle shall be the triangle created
by connecting a point which is 10 feet along the R.O.W. at the
intersection and a point extending away from the intersection
a distance of 40 feet. This line shall extend by projection
to the back of curb on improved streets or the edge of
pavement on unimproved streets along both streets impacted.
The sight triangle herein referenced shall include all area
between the above defined line and the street pavement.
B. Restriction: There shall be no tree, shrub, plant, sign,
soil, fence, retainer -wall or other view obstruction having
a height greater than two (2) feet within the sight triangle
as defined above. This height shall be meaLured above a line
drawn between the top of curb or edge of pavement of both
streets at the point where the referenced line intersects the
top of curb or edge of pavement.
1. This restriction shall not apply to trees within the
triangle having a diameter of less than twelve (12)
inches when such trees are trimmed at all times so that
no branch or growth is less than seven (7) feet above the
above referenced measurement line.
C. Plat Requirement: All final plats which are subject to the
regulation of this ordinance and have intersections of public
R.O.W. shown on the plat shall have the following statement
on the face of the plat prior to filing in the County Plat
Records.
"The owners of all corner lots shall maintain sight triangles
in accordance with the City Subdivision Ordinance. "
Section 8 . 03 Monuments and Markers:
A. Permanent Survey Reference Monuments: Concrete monuments,
eight (8) inches in diameter and twelve (12) inches long,
shall be placed on all boundary corners which are along
existing dedicated R.O.W. at the perimeter of the
subdivision. A 5/8" diameter iron rod having a minimum length
of 18" shall be placed flush with the top and at the center
of the concrete monument. The monuments shall be set at such
an elevation that they will not be disturbed during
construction and the top of the monument shall be flush with
or just below the finished ground elevation. (See detail
sheets)
8-2
B. Other Markers: Lot corners, block corners, curve points, and
angle points shall have markers which are five-eights (5/8)
inch reinforcing bar, eighteen (18) inches long, or approved
equal, and shall be placed at all corners flush with the
ground, or below ground, if necessary, in order to avoid being
disturbed.
C. Installation of Monuments. Monuments shall be installed
before recordation of the final plat except in those cases
where the subdivider assures that the improvements will be
made in accordance with this ordinance and that, upon
completion of all improvements, he will install monuments as
required herein. In such case, the subdivider' s engineer or
surveyor shall furnish the City a letter of assurance
certifying that he will install the monument as required.
D. Monuments in Streets: When placing of monuments in streets
is postponed, adequate ties to the boundary line shall be
shown on the plat in order that monuments may be correctly
located and installed following the paving of streets.
E. Benchmark Monuments on Headwalls: A brass cap approximately
2" in diameter shall be placed on top and at one end of all
culvert headwalls within or at the perimeter of the
development.
F. Monument Verification. Prior to acceptance of subdivision
improvement by the City, the developer' s surveyor or engineer
shall certify that all monument and markers are in place and
correctly positioned. No building permit shall be issued
prior to acceptance of the subdivision.
8-3
ARTICLE IX
MISCELLANEOUS PROVISIONS
Section 9 . 01 Modifications and Variations:
A. Compliance: Where the Council finds that compliance with
these regulations would cause unusual hardship or extraordi-
nary difficulties because of exceptional and unique conditions
of access, location, shape, size, drainage, or other physical
features of the site, the requirements may be modified to
mitigate the hardship, provided that the public interest is
protected and the development is in keeping with the general
spirit and intent of this ordinance.
1. This section shall not be interpreted to permit the
development of land which is inherently unsuitable for
the use proposed.
2 . Any modification will not have the effect of preventing
the orderly subdivision of other land in the area in
accordance with the provisions of this ordinance.
B. Discretion of Council : At the discretion of the Council , the
normal standards and requirements of this ordinance may also
be modified in the case of a Planned Unit Development. Such
departures from the standards specified may be made only when
the Council finds that the plan provides for convenience and
safe access, adequate space for recreation, and provision for
light and air, and offers all essential utility services and
necessary public and other facilities, and is in conformance
with all provisions of the City Code which specifically apply
to Planned Unit Development.
Section 9 . 02 Violations:
A. Fines: 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. The above penalty shall not
apply to a violation in the City' s extraterritorial
jurisdiction. Two Thousand Dollars and No Cents ($2 , 000. 00)
for all violations affecting involving fire safety or public
health and sanitation and Five Hundred Dollars and No Cents
($500. 00) for all other violations. Each day that a violation
is permitted to exist shall constitute a separate offense.
B. Injunctions: The City shall have the right to institute an
action in a court of competent jurisdiction to enjoin the vio-
lation of any provision of this ordinance within it ' s municip-
al boundary or within its extraterritorial jurisdiction, and
9-1
this remedy shall be in addition to any penal provision in
this ordinance or in the Code of the City.
C. Permit Denial : No building, plumbing , electrical , mechanical,
excavation, permits, zoning actions, certificates of occupancy
or authorizations for utility service connection shall be made
for any construction, activity or occupancy occurring on a
lot, tract or parcel in an unrecorded subdivision or
development until the subdivision or development is brought
into compliance with the terms and conditions of this
Ordinance.
Section 9 . 03 Severability of Provisions:
A. It is hereby declared to be the intention of the City Council
of the City that any word, phrase, clause, sentence,
paragraph, section or part in or of this ordinance shall be
severable.
B. If any court of competent jurisdiction shall judge any word,
phrase, clause, sentence, paragraph, section or part in or of
this ordinance to be invalid, such judgement shall not affect
any other word, phrase, clause, sentence, paragraph, section
or part in or of this ordinance not specifically included in
said judgement.
C. If any court of competent jurisdiction shall judge invalid the
application of any provision of this ordinance to a particular
property, building, or other structure, which judgement shall
not affect the application of said provision to any other
property, building, or structure not specifically included in
said judgement.
Section 9 . 04 Conflicting Ordinances:
A. 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. Ordinance No. 160-A, as amended, and Ordinance No.
443 are hereby repealed in their entirety.
Section 9 . 05 Personal Disclaimer:
A. All of the regulations provided in this Ordinance are hereby
declared to be governmental and for the health, safety and
welfare of the general public. Any member of the City Council
or a City Official or employee charged with the enforcement
of this Ordinance, acting for the City in the discharge of
9-2
his duties, shall not thereby render himself personally
liable; and he is hereby relieved from all personal liability
for any damage that might accrue to persons or property as a
result of any act required or permitted in the discharge of
his said duties. Further disclaimer that review of documents
doesn't make city liable.
Section 9 . 06 Preservation of Rights:
All rights and remedies of the City of Southlake are expressly
saved as to any and all violations of the provisions of Ordinance
No. 160-A, or any other ordinances affecting platting or the
subdivision of land which have accrued at the time of the effective
date of this ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the
courts.
Section 9 . 07 Conversion to Pamphlet Form:
The City Secretary of the City of Southlake is hereby
authorized to publish this ordinance in book or pamphlet form for
general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence
in all courts without further proof than the production thereof.
Section 9 . 08 Notice and Publication:
The City Secretary of the City of Southlake is hereby directed
to publish the proposed ordinance or its caption and penalty
together with a notice setting out the time and place for a public
hearing thereon at least 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 9 . 09 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.
9-3
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 1989.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 1989 .
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE:
9-4
These appendices are not to be considered a part of this ordinance
and may be revised or updated as necessary by the City Staff.
APPENDIX 1
********* FORM OF DEDICATION FOR INDIVIDUAL OR INDIVIDUALS
***********
STATE OF TEXAS
COUNTY OF
WHEREAS, I , , am the sole owner (or
we, , are all of the
owners) of a tract of land situated in the
Survey, Abstract , County of
according to the deed recorded in Volume , Page
DRTCT, and more particularly described as follows:
******** Insert legal description here ********
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS :
THAT, I, , being the sole owner (or
we,
, being all of the
owners) do hereby adopt this plat designating the hereinabove
described property as
an addition to the City of Southlake, Tarrant County, Texas, and
I (we) do hereby dedicate to the public ' s use the streets, (alleys,
parks) and easements shown thereon.
WITNESS my (our) hand (s) at Southlake, Tarrant County, Texas
this the day of , 19
Owner
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally
appeared , known to me to be the
person(s) whose name (s) is/are subscribed to the above and
foregoing instrument, and acknowledged to me that he/they executed
the same for the purposes and consideration expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the
day of , 19 .
**Seal** Notary Public
Commission expires:
A-1
These appendices are not to be considered a part of this
ordinance and may be revised or updated as necessary by the City
Staff.
APPENDIX 2
****** FORM OF DEDICATION FOR CORPORATION, PARTNERSHIPS ,ETC. ******
STATE OF TEXAS
COUNTY OF
WHEREAS, , acting by and
through the undersigned, its duly authorized agent, is the sole
owner of a tract of land situated in the
, Survey, Abstract , County of
_, according to the deed recorded in Volume , Page
DRTCT, and more particularly described as follows:
******* Insert legal description here ********
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS :
That, , by and
through the undersigned, its duly authorized agent, does hereby
adopt this plat designating the hereinabove described real property
as , an adddition to the
City of Southlake, Tarrant County, Texas, and I (we) do hereby
dedicate to the public' s use the streets, (alleys, parks) and
easements shown thereon.
WITNESS my (our) hand(s) at Southlake, Tarrant County, Texas
this the day of , 19
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally
appeared of
, a corporation (partnership, JV) ,
known to me to be the person(s) whose name(s) is/are subscribed to
the foregoing instrument, and acknowledged to me that he/they
executed the same for the purposes and consideration therein
expressed, in the capacity therein stated and as the act and deed
of said corporation (partnership, JV) .
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the
day of , 19
**Seal**
Notary Public
Commission expires:
A-2
•
These appendices are not to be considered a part of this
ordinance and may be revised or updated as necessary by the City
Staff.
APPENDIX 3
********* AVIGATION EASEMENT AND RELEASE ************
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, hereinafter called
"Owner" (whether one or more) , is the owner of that certain parcel
of land situated in or within the extraterritorial jurisdiction of
the City of Southlake, Tarrant and Denton Counties, Texas, being
more particularly described hereon for all purposes:
NOW, THEREFORE, in consideration of the sum of ONE AND 00/100
($1. 00) DOLLAR, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged and
confessed, Owner(s) do(es) hereby waive, release, quitclaim, and
forever hold harmless the City of Southlake, Texas, a municipal
corporation, hereinafter call "City" , from any and all claims for
damage of any kind that Owner(s) may now have or may hereinafter
have in the future by reason of the passage of all aircraft
("aircraft" being defined for the purposes of this instrument as
any contrivance now known or hereinafter, invented, used, or
designed for navigation of or flight in the air) by whomsoever
owned and operated, in the air space above Owner' s property, as
hereon before described, and above the surface of Owner' s property
such noises, vibration, fumes, dust, fuel , and lubricant particles,
and all other effects that may be caused by the operation of
aircraft landing at or taking off from, or operating at or on the
Dallas/Fort Worth International Airport; and Owners do hereby fully
having remiss, and release any right or cause of action which it
may now have or which it may in the the future have against the
City, whether such claim be for injury to person or damage to
property due to noises, vibration, fumes, dust, fuel and lubricant
particles, and all the other effects that may be caused or may have
been caused by the operation of aircraft landing at, or taking off
from, or the operation and/or maintenance of aircraft or aircraft
engine at or on said Dallas/Fort Worth International Airport.
It is agreed that this release shall be binding upon the Owner,
their heirs and assigns, and successors in interest with regard to
said property located in or in the extraterritorial jurisdiction
of the City of Southlake, Tarrant County, running with the land,
and shall be recorded in the Deed Records of Tarran. County or
Denton County, as appropriate, Texas.
Executed this day of , A. D. , 19
(Owner)
A-3
These appendices are not to be considered a part of this ordinance
and may be revised or updated as necessary by the City Staff.
APPENDIX 4
********** EASEMENT ABANDONMENT ************
The City of Southlake has adopted the following procedures for the
abandonment of recorded easements. If the property is being
platted then the statement and signature block shown below should
be added to the Final Plat. It will be the responsibility of the
applicant to obtain original signatures from the utility company
representatives on the mylar to be filed at the county, prior to
the Zoning Clerk obtaining the signatures of approval by the City.
If the property is not being platted, a mylar exhibit clearly
defining the easement by metes and bounds must be prepared and
include the following approval block and the required signatures
must be obtained as outlined above. The following addresses and
phone numbers are provided for your convenience.
Texas Utilities Tri-County Electric Co-op
P.O. Box 609 525 East Price Street
Euless, Texas 76039 Keller, Texas 76248
Frank Friudenberg - 355-7056 Marvin L. Daniel - 431-1541
Customer Service Supervisor Line Foreman
General Telephone Company Lone Star Gas Company
P.O. Box 128 100 W. Morningside Drive
Lewisville, Texas 75067 Fort Worth, Texas 76110
Roy Johnson - 434-2027 Tommy R. Galloway -
336-8381
Project Coordinator Engineering Supervisor
(The following to be provided on final plats or exhibits)
We, the undersigned, as duly authorized representatives of the fol-
lowing utility companies, hereby express no objection to the
abandonment of the easement so noted on this plat (exhibit) , said
easement being previously recorded in Vol . , Page of
the Records of County, Texas.
Date: Date:
Frank Friudenberg Marvin L. Daniel
Customer Service Supervisor Line Foremen
Texas Utilities Tri-County Electric Coop.
Date: Date:
Roy Johnson Tommy R. Gallaway
Project Coordinator Engineering Supervisor
General Telephone Co. Lone Star Gas
A-4
These appendices are not to be considered a part of this
ordinance and may be revised or updated as necessary by the City
Staff.
APPENDIX 5
********** MISCELLANEOUS FINAL PLAT NOTES OR REQUIREMENTS ************
The following shall be on the face of all final plats, plat
revisions plat showings, or amended plats.
SURVEYOR'S CERTIFICATION:
THIS is to certify that I, , a Registered
Public Surveyor of the State of Texas, having platted the above
subdivision from a actual survey on the ground; and that all lot
corners, and angle points, and points of curve shall be properly
marked on the ground, and that this plat correctly represents that
survey made by me or under my direction and supervision.
Original
***Seal***
Name:
Texas Registration No.
DEED RESTRICTION STATEMENT
"This plat does not increase the number of lots or alter or remove
existing deed restriction or covenants, if any, on the property. "
MINIMUM FINISH FLOOR STATEMENT (all final plats showing minimum
F.F. )
"The City of Southlake reserves the right to require minimum finish
floor elevations on any lot contained within this addition. The
minimum elevations shown are based on the most current information
available at the time the plat is filed and may be subject to
change. Additional lots, other than those shown, may also be
subject to minimum finish floor criteria. "
FLOWAGE EASEMENT NOTE (On tracts adjacent to Grapevine Lake)
Elevation 572 is the boundary of the flowage easement as outlined
by the U.S. Army Corps of Engineers. Any encroachments into this
easement must obtain written approval from the Reservoir Manager
at the
following address:
Grapevine Lake Project Office ,
U.S. Army Corps of Engineers
Rt. 1, Box 10
Grapevine, Texas 76051
A-5
These appendices are not to be considered a part of this
ordinance and may be revised or updated as necessary by the City
Staff.
APPENDIX 7
********* PROCEDURE FOR FILING PLATS - TARRANT COUNTY ***********
1. The applicant shall make all corrections to the original
drawing that are needed to comply with the conditional approval
of the plat. In addition, the following plat record
block shall be added just above the title block area:
THIS PLAT FILED IN CABINET , SLIDE # , DATE:
2 . The applicant shall run 2 prints of the plat as revised and
submit them to the Zoning Clerk to establish that all
revisions have been made and the plat is ready to be filed.
The City Engineer may be requested to assist in this
determination.
3 . Upon receiving notice that all plat requirements have been
met, the applicant shall run two (2) mylar reproducible copies
of the completely acceptable plat.
4 . The applicant shall then obtain (on both mylar reproducibles)
all original signatures, notaries, and seals, of the owner,
notary, surveyor, and any utility representatives.
5. Both mylars shall then be submitted to the Zoning Clerk.
6. The City Secretary shall confirm that all fiscal agreements
have been completed and signed, and that all fees, taxes,
etc. have been paid.
7 . Upon confirmation of compliance with all fiscal requirements,
the City Secretary shall obtain the original signatures of
the appropriate City representatives on both mylars.
8 . The City Secretary shall then see that the fiscal agreements
and one signed mylar are filed for record at the County
Courthouse.
9. The second mylar will be loaned to the City Engineer, who will
then make a reproducible mylar for their office and run two
(2) prints for the City files. The second mylar with original
signatures will then be returned to the City for filing in the
City Plat Records.
Note: No mylar of a plat will be accepted by the City which has
any original ink other than signatures and seals.
A-7
These appendices are not to be considered a part of this
ordinance and may be revised or updated as necessary by the City
Staff.
APPENDIX 8
********* PROCEDURE FOR FILING PLATS - DENTON COUNTY ***********
1. The applicant shall make all corrections to the original
drawing that are needed to comply with the conditional approval
of the plat. In addition, the following plat record
block shall be added just above the title block area:
THIS PLAT FILED IN CABINET , SLIDE # , DATE:
2 . The applicant shall run 2 prints of the plat as revised and
submit them to the Zoning Clerk to establish that all
revisions have been made and the plat is ready to be filed.
The City Engineer may be requested to assist in this
determination.
3 . Upon receiving notice that all plat requirements have been
met, the applicant shall run two (2) mylar reproducible copies
of the completely acceptable plat. (The applicant must make
the first mylar reproducible no larger than 18" x 24" to file
in Denton County. The second, which will remain in the City
records, should preferably be at the scale and sheet size of
the original. )
4 . The applicant shall also run three (3) blueprints of the mylar
which is 18" x 24" in size. (The applicant may run only one
blueprint to get original signatures on, then run the other
two blueprints from the mylar which has original signatures
on it. Denton County requires signatures on the other two
blueprints as well but they don't have to be original . The
applicant may find it easier to get original signatures on all
three blueprints as well as both mylars. )
5. The applicant shall then obtain (on both mylar reproducibles
and at least one of the blueprints) all original signatures,
notaries, and seals, of the owner, notary, surveyor, and any
utility representatives.
6. Both mylars and the three blueprints shall then be submitted
to the Zoning Clerk.
7 . The City Secretary shall confirm that all fiscal agreements
have been completed and signed, and that all fees, taxes,
etc. have been paid.
8 . Upon confirmation of compliance with all fiscal rquirements,
the City Secretary shall obtain the original signatures of
approval from the appropriate City representatives on both
mylars and at least one of the blueprints. (continued on sheet
2 of 2)
A-8
Appendix 8 Cont.
Denton County Procedures for filing Plats
(sheet 2 of 2)
9. The City Secretary shall then see that the fiscal agreements
and one signed mylar and the three blueprints are filed for
record at the County Courthouse.
10. The second mylar will be loaned to the City Engineer, who will
then make a reproducible mylar for their office and run two
(2) prints for the City files. The second mylar with original
signatures will then be returned to the City for filing in the
City Plat Records.
Notes:
1. No mylar of a plat will be accepted by the City which has
any original ink other than signatures and seals.
2 . Denton County charges $20. 00 per page for filing. This
shall be paid by the applicant.
A-9
City of Southlake,Texas
MEMORANDUMtre .:,Pcf
_ehe
December 28 , 1989
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes , Director of Public Works
SUBJECT: Perimeter Street Ordinance
The attached Perimeter Street Ordinance was approved after
the first reading at the December 19 , 1989 City Council
meeting. This ordinance was approved in its present form
and no further changes are necessary at this time . Please
place this item on the agenda for the 2nd reading at the
January 2 , 1990 City Council meeting.
If there are any questions , please contact me .
MHB/ew
ORDINANCE NO. l/g y
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS ADOPTING A
NEW PERIMETER STREET ORDINANCE; PROVIDING RULES AND
REGULATIONS APPLICABLE TO THE DEDICATION AND/OR
CONSTRUCTION OF PERIMETER STREETS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR SPECIFIC DEDICATION AND
CONSTRUCTION REQUIREMENTS; PROVIDING FOR PAYMENT OF FEES
IN LIEU THEREOF; PROVIDING FOR CONSTRUCTION ALTERNATIVES;
PROVIDING FOR REIMBURSEMENT OF DEVELOPER COSTS UNDER
CERTAIN CONDITIONS; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OR ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT
OF THIS ORDINANCE IN THE TERRITORIAL AND EXTRATERRITORIAL •
JURISDICTION OF THE CITY AND PRESCRIBING PENALTIES FOR
THE VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, is a homerule city
acting under it's 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 Planning and Zoning Commission of the City of
Southlake has recommended after due and careful study that a system
be established regulating the requirements for the installation of
perimeter streets abutting areas or developments being formally
subdivided pursuant to the Subdivision Ordinance of the City of
Southlake; and
WHEREAS, the City Council of the City of Southlake finds that
this proposed ordinance will meet a legitimate public need, clarify
responsibilities of landowners and developers, assist in
implementing the community' s Master Plans and serve to protect the
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public health, safety and welfare as well as fulfill the purposes
of Chapter 212 of the Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE:
I.
PURPOSE
The purpose of this Ordinance is to establish responsibilities
for the dedication of right-of-way, the construction of roadway
improvements and/or payment of fees in lieu of the construction of
improvements on roadways directly abutting and contiguous to
property undergoing the process of subdivision under the laws and
regulations of the City of Southlake, Texas. This Ordinance is
designed to be used in conjunction with the Subdivision Ordinance
to ensure an orderly development plan for the growth of the
( community and to ensure compatibility of street systems and the
development of public works infrastructure necessary to support new
growth or development.
II.
DEFINITIONS
A. 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 number shall include the
plural number and words used in the plural shall include
the singular.
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2. The word "shall" is mandatory and the word "may" is
permissive.
3 . The phrase "used for" shall include the phrases,
"arranged for", "designed for" , "intended for" , and
"occupied for", and shall apply exclusively to physical
uses.
B. 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
Subdivision 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.
Applicant: The owner of land proposed to be subdivided or his
representative.
Bond: Any form of security including cash deposit, surety
bond, collateral, property, or instrument of credit
in an amount and form satisfactory to the Council.
City: The City of Southlake, Texas.
Commission: The Planning and Zoning Commission of the City.
Council: The City Council of the City.
County Plat Records: The plat records of Tarrant County or
Denton County, Texas, whichever is appropriate to
the tract being platted.
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r
Developer: ' The owner of land proposed to be subdivided or his
representative.
Development: Any activity that requires the submission of a
subdivision plat, development plan or the securing
of a building permit.
Engineer: Any person who has been licensed and registered by
the Texas State Board of Registration for
Professional Engineers to engage in the practice of
engineering in this state, and listed in State
Records as "Civil" .
Escrow: Money placed in the possession of the City to
accomplish the purpose set out in this ordinance,
including, but not limited to, the following:
purchase of right-of-way, design and construction
of drainage and sanitary sewerage facilities, water,
curb, gutter, and pavement.
Frontage: That side of a lot, parcel, or tract abutting a
street right-of-way and ordinarily regarded as the
frontal orientation of the lot.
Master Plan: Those plans and policies adopted by the Council as
a guide to the systematic physical development of
the City.
Owner: The term owner herein is an all inclusive, term
denoting the person, firm, corporation or
partnership with primary responsibilitrtoward the
i - 4 -
City to see that these subdivision rules and
regulations and the ordinances of ^the City are J '�
complied with. Such term as used herein always
includes one or more of the above who own all or
any part of the land which is to be developed.
Plat, Final: A plat which substantially conforms to the approved
preliminary plat and contains all or a portion of
the property within the approved preliminary plat.
A Final Plat as referred to in this ordinance may
also refer to Plat Revisions, Amended Plats, and
Plat Showings. Only Final Plats may be filed of
record in the County Plat Records.
Plat, Preliminary: The Preliminary Plat is intended to show all
the planning factors necessary to enable the
proper City approving authorities to determine
whether the proposed plan for land development
is satisfactory from the standpoint of public
health, safety and welfare and is in accordance
with the general guidance provided by the Master
Plan the Zoning Ordinance and other applicable
ordinances and regulations. The Preliminary Plat
and the review thereof are intended to produce a
subdivision design in which all planning factors
have been recognized and reconciled, as
distinguished from the Final Plat, Ili' which the
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engineering factor of dimensional precision is the
predominate objective.
Right-of-Way: (Abbreviated R.O.W. ) A strip of land, other than
a drainage or utility easement, occupied or intended
to be occupied Aby a street, crosswalk,` railroad,
road, electric transmission line, oil or gas
pipeline, water main, sanitary or storm sewer main,
or for another special use.
Street, Perimeter: Any street which abuts a development or one
whose width lies partly within a development
and partly without.
Subdivider: Any person who (1) having an interest in land,
causes it, directly or indirectly, to be divided
into a subdivision or who (2) directly or
indirectly, sells, leases, or develops, or offers
to sell, lease or develop, or advertises for sale,
lease or development, any interest, lot, parcel,
site, unit, or plot in a subdivision, or who (3)
engages directly or through an agent in the business
of selling, leasing, developing, or offering for
sale lease or development a subdivision or an
interest, lot, parcel, site, unit, or plot in a
subdivision, and who (4) is directly or indirectly
controlled by, or under direct, or indirect common
•
control with any of the foregoing.
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Subdivision: Any land, vacant or improved, which is divided or
proposed to be divided by metes and bounds, deed,
contract for deed, lease instrument, other
instrument, or by another method, into two (2) or
more lots, parcels, sites, units, plots or interests
for the purpose of offer, sale, lease or
development, either on the installment plan or upon
any and all other plans, terms and conditions,
including resubdivision.
III.-
DEDICATION AND/OR CONSTRUCTION REQUIREMENT
A. Policy:
It is the public policy of the City that the Developer or
Subdivider of any subdivision within the corporate limits of the
City or it's extraterritorial jurisdiction shall be the party
principally responsible for the dedication of right-of-way and the
construction of appropriate portions of all perimeter streets
abutting that subdivision. This policy is premised on the concept
that the perimeter street will provide access to and from the
subdivision thereby increasing the marketability, utility and
ultimately the value of the property within the subdivision. The
City considers it essential that arrangements be made to time phase
the construction of perimeter streets in such a manner as to ensure
they are made available at the most appropriate time to meet the
needs of the City's Master Thoroughfare Plan and to servip the needs
- 7
of the subdivision or development to which they are related.
B. pedication:
A subdivider shall be required to dedicate required right-
of-way for the type of perimeter street in question as reflected
on the City's Master Thoroughfare Plan. All right-of-way
dedications shall be based upon the following street standards:
Type A Street - 31 ' of pavement in a 50 ' right-of-way.
Type B Street - 44 ' of pavement in a 64 ' right-of-way.
Type C Street - 64 ' of pavement in a 84 ' right-of-way.
The developer shall be required to dedicate those portions of the
right-of-way lying between the center line of the perimeter street
and the nearest property line of the subdividing property. Where
a subdivision borders only one side of a perimeter street the
developer will be responsible for dedicating any and all right-
of-way needed for one-half of the street right-of-way; that being
the one-half directly contiguous with his property. In the event
that a developer may own a tract of land which in some manner
borders a perimeter street on more than one side the developer will
be responsible for dedicating appropriate right-of-way under the
same procedure for all perimeter streets which directly abut the
developer's subdivision property line.
C. Limitation on Dedication:
Under no circumstances shall a developer be required to
dedicate right-of-way along any one perimeter street greater than
one-half of a one hundred twenty foot (120 ' ) right2of-way (60
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feet) . It shall be presumed that any right-of-way requirements
greater than 120' in width are designed to accommodate arterial
type thoroughfares designed to provide transportation services not
directly attributable solely to the surrounding development.
D. Additional Riaht-of-Wav:
Wherever a developer is required to dedicate right-of-way for
a perimeter street and/or to construct perimeter street
improvements the City may require the developer to dedicate right-
of-way for ancillary drainage improvements and to install any and
all necessary supporting drainage improvements or facilities.
SECTION IV.
SPECIFIC PERIMETER STREET REQUIREMENTS
A. Residential Streets:
When any development occurs adjacent to a residential
perimeter street (as shown on the Master Thoroughfare Plan) the
developer shall comply with the following requirements:
1. If the residential street adjacent to the subdivision is
already developed and improved to the construction standards of the
City, the developer will be required to dedicate any additional
right-of-way needed for other public improvements directly adjacent
to his side of the existing street surface and right-of-way. The
developer will further be required to install, reinstall or upgrade
any curb. and gutter, drainage improvements, signage, lighting or
other facilities as determined appropriate by the Director of
Public Works for the City.
h
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If the Director of Public Works should determine that the
fully developed perimeter street was constructed by a prior
developer on the other side of the right-of-way under the terms and
conditions of this Ordinance, then the current Developer shall be
charged a one time perimeter road fee. The fee - shall be
established as one-half the cost per linear foot of installing the
perimeter road and related improvements multiplied by the number
of linear feet of the perimeter street abutting the new
development. This fee shall be paid to the City's Director of
Finance prior to the execution of the Developer's Agreement
required by the Subdivision Ordinance. The Director of Finance
shall pay these funds to the original developer of the perimeter
street as soon as possible after verification of all calculations,
costs and amounts by the Director of Public Works.
2 .. In the event that the existing residential street
qualifying as a perimeter street for purposes of this ordinance has
not been constructed or is not currently developed to the standards
of the City of Southlake the Developer may pay a fee of $50,000. 00
per mile or pro rata portion thereof for the actual distance
involved for all perimeter street frontage directly adjacent to or
abutting the proposed development. This fee will be placed in an
escrow account by the City with said account reserved only for the
construction of street improvements in accordance with the
community Master Thoroughfare Plan. The Council shall determine
the timing and priority of expenditure of these funds through it's
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Ze27r774-'
capital improvement program budgeting process.
3. The Developer may request the Public Works Director to
approve as an alternative the overlaying of the existing street
surface with two (2) inches of Type D HMAC for the full width of
all existing street surface adjacent to the development. This
requires an overlay of the entire street and not simply one-half
of the street from center line to the perimeter of the proposed
subdivision. The minimum width of this overlay shall be twenty-
four (24) feet and the overlay shall not be permitted without the
presence of six (6) inches of lime or cement stabilized subgrade.
The specific type of subgrade stabilization will be as directed and
determined by the Director of Public Works. Any overlay proposals
authorized under this section shall be constructed, inspected and
accepted by the City prior to final acceptance of the subdivision
public works infrastructure. The overlay of existing road surface
option is discretionary with the City and shall be authorized only
when the overlay improvement of the road appears to meet the needs
of the neighborhood and community adjacent to the project area.
This approach will normally be approved only where there is an
immediate need to secure improvement of a residential street and
such proposed improvement project is not currently scheduled within
the capital improvement program budget of the City.
4 . If the residential perimeter street adjoining the
subdivision is totally undeveloped, the Developer will be required
to construct a complete thirty-one (31) foot street with curb and
�. - 11
o�v`
gutter, complete with drainage facilities in full conformance with
City development standards for urban streets. The developer will
be required to pay for all construction, engineering, testing and
inspection costs. The initial Developer is required to make the
- complete street installation as -it is impractical and -unsafe -to -
develop only one-half of a two lane roadway. In order to serve any
useful function a minimum of two lanes must exist. Any developer
required to construct the full street surface under this provision •
will be eligible to receive a rebate of one-half of the complete
cost of the street structure, curb and gutter and related drainage
facilities when subdivision or development activity occurs on the
opposite side of the street right-of-way.
B. Collector or Arterial Streets:
f When any development occurs adjacent to a collector or
9
arterial perimeter street the developer shall comply with the
following requirements:
1. If the collector or arterial street adjacent to the
subdivision is already developed and improved to the construction
standards of the City of Southlake, the developer will be required
to dedicate any additional right-of-way needed for other public
improvements directly adjacent to his side of the existing street
surface and right-of-way. The developer will further be required
to install, reinstall or upgrade any curb and gutter, drainage
improvements, signage, lighting or other facilities as determined
appropriate by the Director of Public Works. ti
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If the Director of Public Works should determine that the
fully developed perimeter street was constructed by a prior
developer on the other side of the right-of-way under the terms and
conditions of this Ordinance then the current Developer shall be
charged' a one - time`-perimeter road -'fee: "The fee ' shall be '"
established as one-half the cost per linear foot of installing the
perimeter road and related improvements multiplied by the number
of linear feet of the perimeter street abutting the new
development. This fee shall be paid to the Director of Finance
prior to the, execution of the Developer's Agreement required by the
Subdivision Ordinance. The Director of Finance shall pay these
funds to the original developer of the perimeter street as soon as
possible after verification of all calculations, costs and amounts
by the Director of Public Works.
2 . In the event that the existing collector or arterial
perimeter street is not developed or is not currently developed to
the standards of the City, the developer may pay a fee of
$50, 000.00 per mile or pro rata portion thereof for the actual
distance involved for all perimeter street frontage directly
adjacent to or abutting the proposed development. This fee will
be placed in an escrow account by the City with said account
reserved only for the construction of street improvements in
accordance with the Master Thoroughfare Plan. The City Council
shall determine the timing and priority of expenditure of these
hinds through it's capital improvement program budgeti`hg process.
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3. The Developer may request the Public Works Director to
approve as an alternative the overlaying of the existing street
surface with two (2) inches of Type D HMAC for the full width of
all existing street surface adjacent to the development. This
requires an overlay of the entire street and not simply one-half
of the street from center line to the perimeter of the proposed
subdivision. The minimum width of this overlay shall not be less
than thirty (30) feet and it shall not be permitted without the
presence of six (6) inches of lime or cement stabilized subgrade.
The specific type of subgrade stabilization will be as directed and
determined by the Director of Public Works. Any overlay proposals
authorized under this section shall be constructed, inspected and
accepted by the City prior to final acceptance of the subdivision
public works infrastructure. The overlay of existing road surface
option is discretionary with the City and shall be authorized only
when the overlay improvement of the road appears to meet the needs
of the neighborhood and community adjacent to the project area.
This approach will normally be approved only where there is an
immediate need to secure improvement of a collector or arterial
street and such proposed improvement project is not currently
scheduled within the capital improvement program budget of the
City.
4. If the perimeter street is proposed to be a Type A
Collector Street as set forth in the Master Thoroughfare Plan and
the street is either totally undeveloped or is in such a condition
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that complete redevelopment is necessary, the developer will be
required to construct a complete thirty-one (31) foot street with
curb and gutter, complete with drainage facilities in full
conformance with City development standards for, urban streets. The
developer will be required to pay for all construction,
engineering, testing and inspection costs. Any developer required
to construct the full street surface under this provision will be
eligible to receive a rebate of one-half of the complete cost of
the street structure, curb and gutter and related drainage
facilities when subdivision or development activity occurs on the
opposite side of the street right-of-way. The initial developer
is required to make the complete street installation as it is
impractical and unsafe to develop only one-half of a two lane
roadway. In order to serve any useful function a minimum of two
lanes must exist.
5. If the perimeter street adjoining the subdivision is
designated as a Type B or C collector or arterial street under the
Master Thoroughfare Plan, the developer along each side of the
thoroughfare will be required to build two lanes complete, with
necessary curb and gutter and appropriate supporting drainage
infrastructure as called for by the Master Thoroughfare Plan and
public works construction standards. If a Developer chooses to
exercise this option in meeting the perimeter street requirements,
the City will reimburse the Developer in an amount equivalent to
one-sixth (1/6th) of the total cost of constructing the two lanes
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•
together with ancillary improvements by crediting the Developer
against development fees owed on_the remainder of the project. In . _ ._
no event will the credit allowed by the City exceed one-half of the
total development fees attributable to the complete subdivision
project. In the event that the City's credit for one-sixth (I/6th)
of the construction cost is determined to be larger than one-half
of the fees associated with the project the City will reduce it's
financial contribution to a level equivalent with one-half of the •
total development fees. This downward adjustment in city
contribution is made on the assumption that if development fees are
not sufficient to cover the City's share of the road improvements,
then the project will not be of significant benefit to development
and residents outside the immediate area and, therefore, a public
contribution to assist in the street improvement is inappropriate.
SECTION V
CUMULATIVE PROVISION
This ordinance shall be cumulative of all provisions of
ordinances and or the code of the City of Southlake, Texas, as •
amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such
Code, in which event the conflicting provisions of such ordinances
and such Code are hereby repealed.
SECTION VI
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council
that the phrases, clauses, sentences, paragraphs, and' ections of
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Vie'/7
M221- /'
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 VII
PENALTY PROVISION
A. Fines: 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 Two Thousand Dollars and No Cents
($2, 000.00) for all violations affecting involving fire safety
or public health and sanitation and Five Hundred Dollars and
No Cents ($500. 00) for all other violations. The above penalty
shall not apply to a violation in the City's extraterritorial
jurisdiction. Each day that a violation is permitted to exist
shall constitute a separate offense.
B. Injunctions: The City shall have the right to institute an
action in a court of competent jurisdiction to enjoin the
violation of any provision of this ordinance within it's
municipal boundary or within its extraterritorial
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jurisdiction, and this remedy shall be in addition to any
penal provision in this ordinance or in the Code of the City.
SECTION VIII
SAVINGS CLAUSE
All rights and remedies of the City of Southlake are expressly
saved as to any and all violation of the provisions of any other
Ordinances affecting -perimeter street dedication or development
which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the
courts.
SECTION VIII
PUBLICATION IN PAMPHLET FORM
The City Secretary of the City of Southlake is hereby
authorized to publish this ordinance in book or pamphlet form for
general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence
in all courts without further proof than the production thereof,
as provided in Section of the Charter of the City of
Southlake.
SECTION IX
PUBLICATION IN OFFICIAL NEWSPAPER
The City Secretary of the City of Southlake is hereby directed
to publish the caption, penalty clause, publication clause and
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i
effective date clause of this ordinance for two (2) days in the
official newspaper of the City of Southlake, as authorized by
Section of the Local Government Code.
SECTION X
ENGROSSMENT AND ENROLLMENT
The City Secretary of the City of Southlake if hereby
directed to engross -and enroll this ordinance by copying the
caption, penalty clause, publication clause and effective date
clause in the minutes of the City Council and by filing the
ordinance in the ordinance records of the City.
SECTION XI
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.
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PASSED AND APPROVED ON FIRST READING THIS DAY OF
- MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING THIS DAY OF
, 19
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE:
PERIMTR.ORD
SL1
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•
City of Southlake,Texas — — —
MEMORANDUM •
1111111111121
December 28 , 1989
TO: Curtis E . Hawk, City Manager
FROM: Michael H . Barnes , Director of Public Works
SUBJECT: Sewer Prorata Ordinance
The attached Sewer Prorata Ordinance was approved with
corrections as discussed at the December 19 , 1989 City
Council meeting. The only change was reducing the size of a
sewer line required for calculating the cost of oversizing
from 12" to 8 " . Please place this item on the agenda for
the 2nd reading at the January 2 , 19,90 City Council meeting.
If there are any questions , please contact me .
/1 0
MHB/ew
•
•
_ I
ORDINANCE NO. 493
AN ORDINANCE ESTABLISHING A SYSTEM r'OR SECURING THE
CONSTRUCTION, FINANCING AND INSPECTION OF INTERCEPTOR
SANITARY SEWER LINES WITHIN THE CORPORATE LIMITS OF THE
CITY OF SOUTHLAKE AND IT ' S EXTRATERRITORIAL JURISDICTION;
DEFINING TERMS ; ESTABLISHING PROCEDURES AND
RESPONSIBILITIES ; PROVIDING FOR A COST REIMBURSEMENT
PROGRAM; CONTAINING A CUMULATIVE PROVISION; CONTAINING
A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR
VIOLATIONS , PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER AND NAMING AN
EFFECTIVE DATE.
WHEREAS , the City of Southlake, Texas, is a Home Rule City
acting under it ' s 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 Planning and Zoning Commission of the City of
Southlake has recommended after due and careful study that a system
be established regulating the procedure under which sewer
interceptor mains are extended into the various drainage basins
located within the corporate limits of the City of Southlake and
it ' s extraterritorial jurisdiction and establishing a procedure for
the payment for costs associated with these extensions ; and
WHEREAS , the City Council of the City of Southlake finds that
this proposed ordinance will meet a legitimate public need, clarify
responsibilities of property owners and developers , assist in
implementing the City ' s Master Plan and serve to protect the public
health, safety and welfare as well as fulfill the purposes of
Chapter 212 of the Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE:
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I .
PURPOSE
The purpose of this Ordinance is to establish responsibilities
for the extension of sewer interceptor mains into the various
drainage basins located within the city limits of the City of
Southlake and it' s extraterritorial jurisdiction, to provide a
procedure for acquiring necessary easements and rights-of-way,
establish responsibilities for paying for the cost of constructing
the sewer interceptors, preparing the engineering and survey work
necessary to design and install the sewer interceptors and
defraying the cost of inspecting any and all construction
undertaken pursuant to this Ordinance. This Ordinance is designed
to be used in conjunction with the Subdivision Ordinance to ensure
an orderly development plan for the growth of the community, and
to ensure the creation and effective operation of a utility
infrastructure appropriate in size and character to support
reasonable levels of development within the community.
SECTION II
DEFINITIONS
A. 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 number 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.
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3 . The phrase "used for" shall include the phrases,
"arranged for" , "designed for" , "intended for" , and
"occupied for" , and shall apply exclusively to physical
uses.
B. 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 Subdivision Ordinance. 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 .
Applicant: The owner of land proposed to be subdivided or his
representative.
Building: Any structure which is built for the support,
shelter or enclosure of persons, animals, chattels,
or moveable property of any kind.
City: The City of Southlake, Texas .
Commission: The Planning and Zoning Commission of the City.
Council : The City Council of the City.
Developer: The owner of land proposed to be subdivided or his
representative.
Development: Any activity that requires the submission of a
subdivision plat, development plan or the securing
of a building permit.
Easement: Authorization by a property owner for the use by
another, and for specified purpose, of any
designated part of such property.
Easement, Utility: (Abbreviated U.E. ) An easement generally used
for the installation, maintenance, and
operation of water, sewer, electric, telephone,
cable, gas, and other similar utilities. No
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/ ,1
permanent structures other than fences shall
be allowed in these easements . .
Engineer: Any person who has been licensed and registered by
the Texas State Board of Registration for
Professional Engineers to engage in the practice of
engineering in this state, and listed in State
Records as "Civil" .
Escrow: Money placed in the possession of the City to
accomplish the purpose set out in this ordinance,
including, but not limited to, the following:
purchase of right-of-way, design and construction
of drainage and sanitary sewerage facilities, water,
curb, gutter, and pavement.
Owner: The term owner herein is an all inclusive term
denoting the person, firm, corporation or
partnership with primary responsibility toward the
City to see that these subdivision rules and
regulations and the ordinances of the City are
complied with. Such term as used herein always
includes one or more of the above who own all or
any part of the land which is to be developed.
Plat, Final : A plat which substantially conforms to the approved
preliminary plat and contains all or a portion of
the property within the approved preliminary plat.
A Final Plat as referred to in this ordinance may
also refer to Plat Revisions, Amended Plats, and
Plat Showings. Only final plats may be filed of
record in the County Plat Records.
Plat, Preliminary: The Preliminary Plat is intended to show all
the planning factors necessary to enable the
proper City approving authorities to determine
whether the proposed plan for land development
is satisfactory from the standpoint of public
health, safety and welfare and is in accordance
with the general guidance provided by the
Master Plan the Zoning Ordinance and other
applicable ordinances and regulations . The
Preliminary Plat and the review thereof are
intended to produce a subdivision design in
which all planning factors have been recognized
and reconciled, as distinguished from the Final
Plat, in which the engineering factor of
dimensional precision is the predominate
objective.
Right-of-Way: (Abbreviated R.O.W. ) A strip of land, other than
a drainage or utility easement, occupied or intended
to be occupied by a street, crosswalk, railroad,
-3-
road, electric transmission line, oil or gas
pipeline, water main, sanitary or storm sewer main,
or for another special use.
Subdivider: Any person who (1) having an interest in land,
causes it, directly or indirectly, to be divided
into a subdivision or who (2) directly or
indirectly, sells, leases, or develops, or offers
to sell, lease or develop, or advertises for sale,
lease or development, any interest, lot, parcel ,
site, unit, or plot in a subdivision, or who (3)
engages directly or through an agent in the business
of selling, leasing, developing, or offering for
sale lease or development a subdivision or an
interest, lot, parcel , site, unit, or plot in a
subdivision, and who (4) is directly or indirectly
controlled by, or under direct, or indirect common
control with any of the foregoing.
Subdivision: Any land, vacant or improved, which is divided or
proposed to be divided by metes and bounds, deed,
contract for deed, lease instrument, other
instrument, or by another method, into two (2) or
more lots, parcels, sites, units, plots or interests
for the purpose of offer, sale, lease or
development, either on the installment plan or upon
any and all other plans, terms and conditions,
including resubdivision.
Surveyor: Any person registered as a Registered Public
Surveyor or Licensed State Land Surveyor by the
Texas Board of Land Surveying.
III .
SANITARY SEWER INTERCEPTOR SYSTEM
A. It is the public policy of the City of Southlake that any and
all development within the City and it' s extraterritorial
jurisdiction be supported by adequate utility infrastructure
designed to ensure safe and sanitary occupancy of each and every
building or structure erected for use or occupancy. It is the
official policy of the City of Southlake that individual lots or
building sites in excess of one (1) acre in size may, be provided
with sanitary sewer or waste water management services by an on-
site disposal system, if such a system can be demonstrated to be
-4-
/T�
physically feasible based upon the specific characteristics of the
individual site. Any and all lots or development sites of less
than one (1) acre in size shall be provided with sanitary sewer cr
waste water management services through a public or public
equivalent waste water disposal system. The City of Southlake
intends to extend public utility service to all areas within it ' s
corporate limits and it ' s extraterritorial jurisdiction at some
point in the future. Utility system extensions will be made in
conformance with the City' s adopted capital improvement program and
are projected to occur over many years based upon the fiscal
capability of the City and the growth characteristics of each area
of the City.
In the event that a subdivision development proposal is
submitted for construction or development patterns requiring the
use of a public sanitary sewer system and no such public system has
yet been extended into the area where the proposed development is
located, it will be the responsibility of the Subdivider to comply
with the terms and conditions of this Ordinance in order to ensure
the immediate availability of service.
B. Sanitary Sewer System Plan: The City of Southlake will
develop and maintain a Sanitary Sewer System Plan designed to
facilitate the development of an overall utility infrastructure to
support the growth and development of the community. The Plan will
be developed by and maintained within the Department of Public
Works of the City. That portion of the Plan dealing with sanitary
sewer utility systems will be configured in such a manner as to
divide the City into natural drainage basins corresponding with the
-5-
topographic features of the community and in accordance with good
engineering standards for system planning. The sanitary sewer
collection plan of the City will reflect a system under which one
or more major sanitary sewer interceptors are extended into each
identified drainage basin of the community. These individual
interceptors serving specific basins will merge into system wide
interceptor collector or collectors designed to remove waste water
from the community to regional or subregional treatment facilities.
It is, and shall remain, the responsibility of each individual
Subdivider or Developer to undertake those construction activities
necessary to tie his or her development project into the
interceptor serving that specific drainage basin. The provisions
of this specific Ordinance govern responsibilities for the
establishment of the interceptors leading into and/or out of each
basin.
C. Determination of System Availability: When a Developer plans
to undertake a specific subdivision or development project within
the City or it ' s extraterritorial jurisdiction and the development
will require service through a public type sanitary sewer system,
it will be the responsibility of the Developer to contact the
Director of Public Works to determine system availability. The
developer will advise the Director of Public Works of ,the specific
location of his development, the total size of the development in
acreage, living units and/or square feet of commercial or
industrial space, the type of development and land use to occur
within the subdivision and the approximate time at which sanitary
sewer service would be required. The Developer shall provide this
-6-
information to the Director of Public Works in writing. The
information may be incorporated on a preliminary plat or
development site plan and submitted to the Director of Public Works
in that form.
The Director of Public Works or his designated representative
shall review the City ' s sanitary sewer interceptor plan and
determine whether interceptor service is available within the
drainage basin where the development is located. If service is
available through an existing interceptor, the Director of Public
Works shall identify the point on that interceptor where the
development will be permitted to tie into the system. The Director
of Public Works will advise the Developer in writing of the
location where a tie into the interceptor will be permitted. The
Director of Public Works shall support such written notice with
such map exhibits as are necessary to clearly delineate the point
of tie-in.
In the event that a connection to an existing basin
interceptor is possible the Director of Public Works will determine
if the interceptor has been installed by the City as a portion of
it ' s capital improvement program or whether it was installed by a
prior developer under the approach main extension policies of this
ordinance. In the event that the interceptor was installed by the
City as a portion of it' s capital improvement program the Developer
will be advised that there will be no approach main pro rata
reimbursement charge for the interceptor line itself. The
Developer will be responsible for the entire cost of the approach
main connecting his or her development to the interceptor.
-7-
/ . •
If the interceptor or a portion of the interceptor system
serving that basin was installed by a prior Developer under the
approach main extension policy outlined in this Ordinance then the
Director of Public Works will advise the Developer of his pro rata
share of costs for connection to this line. The Developer shall
pay the pro rata charge for connection to the interceptor into the
sewer system escrow fund of the City of Southlake prior to
execution of the Developer' s Agreement required under the
Subdivision Ordinance.
D. Non-Availability of Basin Interceptor: If the Director of
Public Works should determine that an interceptor serving the basin
where a projected development will lie is not available at the
present time, the Developer will be so advised in writing. The
Developer will be informed that an existing interceptor system is
not available within his drainage basin and that he must select
among the following alternatives:
1. Discontinue his development plan until such time as an
interceptor system has been installed within the basin.
2 . Petition the City Council to expedite the construction
of an interceptor serving that drainage basin under it ' s regular
capital improvement program.
3 . The Developer may install the interceptor serving that
basin to the point necessary and appropriate to provide service to
his or her development. The Developer will be responsible for all
costs associated with the installation of this line to include but
not limited to engineering, surveying, testing, easement
preparation, easement acquisition, and inspection. The interceptor
-8-
/ 5
will be designed and constructed to such standards and
specifications as the City Engineer may determine are appropriate.
The Developer may install the line himself or may contract with the
City to secure construction of the line by the City. All financial
arrangements to include any necessary bonding shall be completed
prior to the execution of the Developer' s Agreement required under
the Subdivision, Ordinance. In the event that a Developer elects
to pursue this alternative he or she will be eligible to receive
a pro rata rebate for a period of ten (10) years from other
developers who tie into this specific interceptor.
SECTION IV.
Pro Rata Cost Allocation System Where Interceptors Are Financed By
Initial Developers:
A. If an interceptor is installed within a drainage basin by
a Developer prior to action under the City' s capital improvement
program each subsequent development within the drainage basin which
ties into that interceptor will pay their pro rata cost of all
interceptor sewer lines from their connection point on the
interceptor to the termination point of the interceptor at the main
outfall collector system. The specific termination point for
purposes of this calculation will be determined by the Director of
Public Works . The pro rata costs for each subsequent development
seeking service is determined on a cost per acre basis by
calculating the proportional area of the development encompassed
in that subdivision to the total area within the drainage basin
served by each interceptor sewer line, from the point of
subdivision connection to the termination point on the city wide
-9-
collection system, multiplied by the total cost of each
interceptor. Total cost of the interceptor shall include
construction, engineering, surveying, easement preparation,
easement acquisition, and inspection costs.
Each initial Developer shall be entitled to a rebate of the
pro rata charge against subsequent Developers for a period of ten
(10) years following completion of the interceptor line. At the
expiration of the tenth year the Developer will no longer be
entitled to receive any reimbursement.
Management of Reimbursement Funds:
The City of Southlake shall establish an escrow fund for the
deposit of all pro rata payments made for sewer interceptor service
by subsequent developers. A separate escrow fund shall be
established for each interceptor constructed by an initial basin
developer. All monies received from subsequent developments or
subdivisions in that basin shall be deposited in that specific
escrow fund. Twice each year, on January 30 and on July 31, the
Director of Finance shall inventory the escrow account for each
interceptor line to determine what percentage of those monies is
allocable to reimbursable oversizing costs owed by the City as
determined under Article V, below. This allocation shall be
determined in the same proportion that the cost of the oversized
line bears to the cost of an eight (8) inch line. Upon completion
of such inventory, the Director of Finance shall transmit all
escrow funds due and owing to the initial developer. Upon payment
of these funds, the City will receive a credit for the amount of
money allocable toward its reimbursable oversizing requirements as
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/ .
set forth in Article V, below. At no time shall the Developer be
entitled to receive reimbursement for a sum greater than the
initial cost of the line less the pro rata share of capacity of
that line that would have been attributable to the initial
Developer for his consumption of capacity in the system.
ARTICLE V
Oversizinq:
A. The Director of Public Works of the City of Southlake may
require a Developer to install an interceptor line larger than that
necessary to support his or her specific development. In the event
that the Director of Public Works requires the installation of an
interceptor line larger than eight (8) inches in size then the
Developer installing the interceptor line will be reimbursed by the
City of Southlake for the difference in cost between a eight (8)
inch line and the size of the line required by the Director of
Public Works. The City will have five (5) years to pay the
Developer for the difference in cost for the oversizing
requirement. The City may compensate the Developer for the
difference in cost mandated by oversizing through the process of
allowing the Developer credits of up to fifty (50) percent of all
development fees charged against any portion or phase of the
development requiring the construction of the interceptor. Upon
written request of the Developer, credit for development fees may
be transferred from the current development project to subsequent
development projects, subdivisions or phases undertaken by the
Developer. Any balance remaining due and owing from the City to
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the Developer for oversizing at the end of five years will be paid
in full at that time by the City.
SECTION IV
CUMULATIVE PROVISION
This ordinance shall be cumulative of all 'provisions or
ordinances and or the code of the City of Southlake, Texas, as
amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such
Code, in which event the conflicting provisions of such ordinances
and such Code are hereby repealed.
SECTION V.
SEVERABILITY CLAUSE
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
section 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 VI .
PENALTY PROVISION
A. Fines: 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
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�`,_. / 't
shall be fined not to exceed Two Thousand Dollars and No Cents
($2 , 000 . 00) for all violations affecting involving fire safety
or public health and sanitation and Five Hundred Dollars and
No Cents ($500. 00) for all other violations. The above
penalty shall not apply to a violation in the City ' s
extraterritorial jurisdiction. Each day that a violation is
permitted :o exist shall constitute a separate offense.
B. Injunctions: The City shall have the right to institute an
action in a court of competent jurisdiction to enjoin the
violation of any provision of this ordinance within it' s
municipal boundary or within it ' s extraterritorial
jurisdiction, and this remedy shall be in addition to any
penal provision in this ordinance or in the Code of the City.
SECTION VII .
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 sanitary sewers which have accrued at the time
of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal ,
whether pending in court or not, under such ordinances, same shall
not be affected by this ordinance but may be prosecuted until final
disposition by the courts .
SECTION VIII.
PUBLICATION IN PAMPHLET FORM
The City Secretary of the' City of Southlake is hereby
authorized to publish this ordinance in book or pamphlet form for
general distribution among the public, and the operative provisions
-13-
of this ordinance as so published shall be admissible in evidence
in all courts without further proof than the production thereof.
SECTION IX.
PUBLICATION IN OFFICIAL NEWSPAPER
The City Secretary of the City of Southlake is hereby directed
to publish the proposed ordinance or its caption and penalty
together with a notice setting out the time and place for a public
hearing thereon at least ten (10) days before the second reading
of this ordinance, and if this ordinance provides for the
imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally
publish this ordinance in the official City newspaper one time
within ten days after passage of this ordinance, as required by
Section 3 . 13 of the Charter of the City of Southlake.
SECTION X.
ENGROSSMENT AND ENROLLMENT
The City Secretary of the City of Southlake if hereby directed
to engross and enroll this ordinance by copying the caption,
penalty clause, publication clause and effective date clause in the
• minutes of the City Council and by filing the ordinance in the
ordinance records of the City.
SECTION XI.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and
after it ' s passage and publication as required by law, and it is
to ordained.
-14-
/4- —
PASSED AND APPROVED ON FIRST READING THIS DAY OF
, 19
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING THIS DAY OF
, 19
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
Effective:
SEWER.ORD
SL1
-15-
City of Southlake,Texas
MEMORANDUM
December 29 , 1989
TO: Mr. Hawk, City Manager.
FROM: Renee J. Wheeler, Finance Officer
SUBJECT: 12/27/89 Copier Bid Opening
December 27 , 1989 , we had a bid opening for the revised
specifications on the copier machines . Attached you will
find the two bids submitted, one from Lanier (our current
vendor) and one from Southwest Office Systems , Inc.
The options provided on the machines and included in the
service agreements are comparable . Both companies provided
buy out figures on our current machines based on the same
buy out totals Lanier quoted as due .
Total annual costs provided by both companies included the
annual lease cost for a sixty (60) month lease purchase
agreement, service/maintenance agreement, and any supplies
needed for normal use.
The most meaningful number for the purpose of comparison
would be the total annual cost for two copiers . See the
Copier Bid Summary on the following page .
Southwest Office Systems $27 , 910 . 53
Lanier $12 , 766 . 08
There are two reasons for the drastic difference in the bids
submitted.
If you examine the bids provided, yo
u will see that Lanier •
gave us a desired customer allowance of $11 , 800 and a
discount for continuing business of $4 , 000 .
Also, the buy out of an outside product would drive the cost
of the Southwest Office System machines upward.
Lanier appears to be the best selection. We have had
several problems with Harris 3M, who was recently Purchased
by Lanier, Inc . It appears that Lanier is a better company
and the bid does include a guaranteed 98% "uptime" . If the
copier is down for longer that 8 hours , it will be replaced
with a loaner. I would also like to point out that the
Southwest Office Systems, Inc. bid did not conform to the
format that we provided for them.
8
CITY OF SOUTHLAKE
COPIER BID SUMMARY
January 2, 1989
COMPANY ANNUAL LEASE SERVICE/SUPPLIES TOTAL ANNUAL COST
Southwest $ 4,756.92 $ 8,811.00 $ 13,567.92
5,531.61 8,811.00 14,342.61
$ 27,910.53
Lanier 4,005.42 2,377.62 6,383.04
4,005.42 2,377.62 6,383.04
$ 12,766.08
The lease prices quoted include a buy out of the current copier
contracts (11,874.01) . Lanier gave a discount on this buy out of
$4,000.
Total Lease Cost only for the 60 month period-both machines:
Southwest $51,442.65
Lanier. 40,054.20
Amount Budgeted for the 1989-90 Fiscal Year:
Lease $ 6,000
Supplies 4,500
Maintenance 3,000
Total $13,500
Total Expended to Date: (1,700)
Balance in Budget $11,800
9 months of year contract
(9,575)
Balance in FY89-90 Budget $ 2,225
CITY OF SOUTB AKE
OFFICE COPIERS BID SPECIFICATIONS
X _ Security access control which will monitor by department
. copier usage (Prefer entering an account code) .
- Free loaner if copier is out of service for more than eight
hours and a guarantee of 98% up-time.
Lanier - Yes; Southwest - 95% with loaner program
X - Consistent image density on long runs.
X - Two-sided copying capacities.
X - Automatically adjusts copy contrast for darker or colored
backgrounds.
X - Reducing and enlarging capabilities.
X - Dual book page copying.
X - Minimum of 55 copies per minute.
Both companies quoted 60 copies per minute.
Offsetting - allows multiple sets per bin.
Lanier - Yes, 20 bin sorter; Southwest - No, 21 bin sorter
X - Job interrupt/job recovery
X - Message Display
X - Margin Shift/Edge Erase
X - Volume of up to 75,000 copies per month.
Lanier - 80,000; Southwest - exceeds at 100,000
X - Toner usage not less than 6,000 copies per bottle.
X - Drum life of not less than 160,000 copies.
X - Service Maintenance Agreement costs.
Lanier - $4,133.28; Southwest - $8,811
X - Buyout of current machines (Lanier models 583 and 6040) .
($11,874.01)
NOTE:
X = Both companies met specifications.
If any differences were noted, they have been noted under the
specification.
De c..5 29 'O9 15:24 000000 TF'11 J I T'i' RIVER AUTHORITY TEL 1-817-4E,5—n97Ct
EXHIBIT A
Trinity River Authority of Texas
Big Bear Creek Wastewater Service
Value to City of Colleyville
I . City of Colleyville' s Current Liabilities for City's Big Bear Creek
Pipeline
Construction and Subsequent Legal Costs $750,000 (1)
Annual Debt Service $ 89,373 (2)
Estimated Annual Operation and Maintenance $ 4,000
Total Current Estimated Annual City Obligation $ 93,373
II. City of Colleyville' s Future Liabilities for Big Bear Creek Wastewater
Service
Proposed Parallel Big Bear Creek
Pipeline Project Cost $1,400,000 (3)
Annual Debt Service $ 166,830 (2)
Estimated Annual Operation and Maintenance $ 4,000
Total Future Estimated City Obligation $ 264,203
(1) Furnished by Bo McDaniel , City Manager, City of Colleyville, December 19,
1989.
(2) If funded through 8% interest rate, 20-year term revenue bonds.
(3) Conservatively estimated as 80% of cost of City' s existing pipeline less
legal costs.
-- -- - -- - --- - City of Southlake, Texas ---
MEMORANDUM ,y /
December 12 , 1989
TO: Curtis E . Hawk , City Manager
FROM: Michael H . Barnes, Public Works Director
SUBJECT: Water Rates
The City of Fort Worth has once again raised their water
rates effective October 1 , 1989 .
Table 1 , attached , compares Fort Worth rates to Southlake ' s
rate from Fiscal Year 85-86 to present . This comparison
points out that while Fort Worth has raised their rates
approximately 48% from FY85-86 to FY89-90 the City of
Southlake has not raised their rates at all for the same
time period .
Table 2 , attached , compares the City ' s net income for the
same time period and shows a stead.- decline in net revenues
with a net loss in FY87-88 of $20 , 119 and a projected net
loss of approximately $247 , 779 for FY88-89 (Revenues and
Expenses for FY88-89 are estimated) .
The reasons for the losses accelerating are :
1 . The water sales for F'Y88-89 were less than
projected .
2 . The City of Fort Worth has raised their rates
twice since FY86-87 while the City of Southlake
has not raised their rates at all .
3 . The City has greatly increased their bond
indebtedness through additional infrastructure
(20" water line and two 1 . 5 million gallon
elevated storage tanks) .
4 . Development has not occurred as fast as debt has
occurred.
Consequently ,
q y , it is necessary to increase water rates as
expeditiously as possible until a water rate study, can be
performed .
The methodology used to estimate how much the water rates
needed to be raised to maintain a positive cash flow is as
follows :
Curtis E. Haw):
December 13 , 1989
Page 2
1 . Assume that the City will raise their water rates
enough to produce a zero net income until a water
rate study can be performed.
2 . Project as practical as possible the water
revenues for FY89-90 . This figure was calculated
by averaging the projected budgeted revenue amount
($1 , 763 , 130) for FY89-90 and the estimated revenue
amount ($1 , 441 , 332) for FY88-89 which equals
$1 , 602 , 231 .
3 . To figure the percentage needed to raise existing
rates to produce a zero net income divide the
projected net income loss of $267 , 779 by the
projected water revenues of $1. , 602 , 231 or 15%
increase in rates .
4 . The last column under Southlake Water Rates on
Table 1 lists the proposed rates . Below is a
comparison of the proposed rates versus the
existing rates for different volume users :
Usage Existing Proposed
(gals . ) Rate Rate
10 , 000 $ 39 . 20 $ 45 . 08
20 , 000 $ 63 . 20 $ 72 . 68
50 , 000 $135 . 20 $155 . 48
100 , 000 $255 . 20 I $293 . 48
Attention is drawn to the fact that the rates are being_
raised as an interim measure until a rate study can be
performed and to insure that the City is not continually
loosing money in selling water .
/0
MHB/kb
Table 1
Ft. Worth Water Rates vs Southlake Water Rates
Ft. Worth Water Rates -
Usage (gals.) FY85-86 FY86-87 FY87-88 FY88-89 FY89-90
Winter Rates Summer Rates $/1,000 gals. $/1,000 gals. $/1,000 gals. $/1,000 gals. $/1,000 gals.
1st. 30,000 1st. 375,000 1.6573 1.6573 2.2206 2.2206 2.4559
30,000 to 1,845,000 30,000 to 1,500,000 1.1293 1.1293 1.5147 1.5147 1.6765
over 1,845,000 over 1,870,000 .880 .880 1.1765 1.1765 1.3088
Note: Increase from FY85-86 to FY89-90 equals 48%. (VI
'eo
Southlake Water Rates
*PROPOSED
FY85-86 FY86-87 FY87-88 FY88-89 FY89-90
Usage (gals.) $/1,000 gals. $/1,000 gals. $/1,000 gals. $/1,000 gals. $/1,000 gals.
1st. 2,000 $18.00 $20.00 $20.00 $20.00 $23.00
over 2,000 2.25 - - - -
2,000 to 100,000 - 2.40 2.40 2.40 2.76
over 100,000 - 3.00 3.00 3.00 3.45
*15% Increase.
Table 2
Ft. Worth Water Rates vs Southlake Water Rates
Southlake Water Revenues vs. Expenditures -
Description FY85-86* FY86-87* FY87-88* FY88-89**
Operating Revenues $1,080,689 $1,331,152. $1,598,523 $1,441,332
Operating Expenses (529,811) (859,739) (1,218,918) (1,243,064)
Non-operating Rev. (Exp.) (249,390) (257,688) (219,883) (259,012)
Depreciation (124,708) (173,007) (179,841) (187,035)
Net Income (Loss) 176,780 40,718 (20,119) (247,779)
*Actual Audit Figures
**Projected Audit Figures
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