The URL can be used to link to this page

1990-01-16 CC Packet City of Southlake,Texas 4 CITY OF SOUTBLAKE, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 16, 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 agenda. REGULAR SESSION: 7:30 P.M. 1. Call to order. Invocation. 2. Approval of the Minutes of the January 2, 1990 Regular City Council Meeting. 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 90-04. Authorizing the Mayor to enter into an Interlocal Agreement between Tarrant County and the City of Southlake for the reconstruction of Shady Oaks Drive. 6. Consider: Resolution 90-06, authorizing the Mayor to enter into a renewal agreement between the City of Southlake, and (1 , Houston-Galveston Area Council of Governments. REGULAR AGENDA 7. Public Forum. 8. Consider: A presentation by Brad Bradley on Sister Cities. (Toyoma, Japan) . 9. sider: -Ordinance No. 48'6=4,1, 2nd reading. (ZA :'-71) . Zoninequest fora 3.626 acre act of lr'd out of the Harri n Decker S , Abstra No. 438. Current ning is In trial-1, r st for In ps�trial-2. Own • Conoco I / CITGO Pe leum Cor amotion. Public earing. City of Southlake,Texas , City Council Agenda January 16, 1990 page two 10. Consider: Ordinance No. 480-12, 1st reading. (ZA 89-75) Zoning request for a 1.33 acre tract of land out of the Thomas Easter Survey, Abstract No. 458, Tracts 2C and 2D. Current zoning is Agricultural, request is for the Commercial Zoning District. Location: North side of Highway 114 east of Shady Lane. Owner: Javatex, Inc. Public Hearing. i 11. Consider. ZA 89- Prelimin pat of Austi Oaks Addition. A 1.33 acre tract f land out of/the\Thomas Easter Su Vey, Abstract o. 458,` Tractl 2C and 2D. is p operty will access a 3991 cre Sin e F ly evelopment in/City of Gra ine. Owner: Jav)dx, Inc. 12. Consider: Ordinance No. 495, 1st reading. Water Rate Increase. 13. Consider: Amendment to the Chapel Downs Developers Agreement. 14. Consider: Colleyville/Southlake Wastewater Agreement. 15. Consider: Signs on Ballfield at Bicentennial Park. 16. Discussion: Resolution 90-05. Calling two public hearings for the annexation of certain property. 17. Consider: Bids for Fire Equipment and awarding a contract. 18. Discussion: Airport Compatible Zoning Ordinance No. 479. 19. Consider: Procedural Rules for Capital Improvements Advisory Committee, and other boards and commissions. 20. Discussion: Refund issues of Water Revenue Bonds. 21. EXECUTIVE SESSION: Pursuant the the Open Meeting Law, Article 6252-17 V.T.A.S. , Section 2 (e) , 2(f) , 2(g) . Refer to posted list of litigations. City of Southlake,Texas 1 City Council Agenda . January 16, 1990 page three 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. 22. Consider: Action necessary in regards to pending or contemplated litigations. (Refer to posted list) . 23. Consider: Action necessary in regards to land acquisition. 24. Consider: Resolution 90-02, appointment to Parks Commission. 25. Consider: Resolution 90-03, appointment to Southlake Economic Development Council. 26. 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, January 12, 1990, at 5:00 p.m. pursuant to the Open Mee ' gs Law, Article 6 52-17, V.T.A.S. /14.264t.// 6/4",/," i 404,94„% Sandra L. LeGrand 5 City Secretary Ie ..,,.:... ,146. 4„..._ :e" 406-ftwinem�dt`",e` 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. 8. Vibra Whirl 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 1/12/90 City of Southlake,Texas MEMORANDUM January 10 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Reconstruction of Shady Oaks by •Tarrant County Crews On January 3 , 1989 , the City Council by Resolution 88-108 authorized Shady Oaks Drive from FM 1709 to West Dove Street to be placed on Tarrant County' s Priority List to be reconstructed. The County has just completed the reconstruction of N. Kimball Avenue and is ready to begin reconstruction of Shady Oaks. Prior to starting reconstruction of Shady Oaks Drive, the County has to execute an agreement between the City of Southlake and the County authorizing the reconstruction of Shady Oaks. Attached is the agreement from Tarrant County for the reconstruction of Shady Oaks from FM 1709 to West Dove Street. Please place this item on the Council' s January 16, 1990 agenda authorizing the mayor to sign this agreement. The projected cost of reconstructing Shady Oaks as described above is approximately $84 , 800 . If there are any questions, please contact me. r�l MHB/ew I F RESOLUTION NO. 90-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZ- ING THE Mayor TO ENTER INTO AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR THE RECONSTRUCTION OF SHADY OAKS DRIVE. 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 to maintain the public roadways; and, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That the City Council hereby approves the Interlocal Agreement between the City of Southlake and Tarrant County for reconstruction of Shady Oaks Drive, in the form attached hereto as Exhibit "A" and authorizes and directs the Mayor to execute and have delivered such agreement to Tarrant County. Section 2. That this Resolution shall be in full force and effect from and after its pasage. PASSED AND APPROVED this the day of , CITY OF SOUTHLAKE, TEXAS By: Gary Fickes , Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake , Texas t THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CONTRACT This Agreement made and entered into this the day of , 1990, by and between the County of Tarrant, ' acting herein by and through its governing body the Commissioners' Court, hereinafter referred to as TARRANT COUNTY, and the City of Southlake acting herein by and through its governing body, hereinafter referred to as THE CITY, both of Tarrant county, State of Texas, witnesseth: WHEREAS, this Agreement is made pursuant to and in strict compliance with the provisions and dictates of Article 4413 (32c) V.T.C.S. , more particularly known as the INTERLOCAL COOPERATION ' ACT; and WHEREAS, the party or parties paying for the performance of governmental functions or services shall make payments therefor { from current revenues available to the paying party; and WHEREAS, the governing bodies of the two parties find that the project or undertaking is necessary for the benefit of the public and that each party has the legal authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto; and that the division of costs provided for constitutes adequate consideration to each party; set project being more particularly described as: 0 Reconstruction of Shady Oaks Drive (from FM Road 1709 to West Dove Road) including stabilization and hot mix application. WHEREAS, the CITY agrees that it is solely responsible for the furnishing of flag-man and all warning devices necessary, or • required by law, to warn the public of dangers in connection with the premises and/or the work being performed under this agreement.' WHEREAS, the parties hereto, in order to facilitate the financing and construction of the needed facility, and in order to share the costs of having said work to be done have agreed to share in the financing of said construction" � (ction as hereinafter stated in tr detail. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. Tarrant County agrees to reconstruct Shady Oaks Drive (from FM Road 1709 to West Dove Road) including stabilization and hot mix application. 2. Tarrant County agrees to provide the labor and equipment necessary to complete the construction. 3. The CITY agrees to pay for the actual cost of the materials necessary to accomplish the construction. By entering into this Agreement the parties do not create any obligations express or implied other than those set forth herein and this Contract shall not create any rights in parties not signatories hereto. This Agreement shall terminate automatically upon happening of any of the following events: 1. The completion of the improvement provided for herein or; ( 2. At the end of one (1) year from date herein, unless renewed by either party by giving written notice of its intention to renew the agreement for a like period to the expiration of such initial term. By: Authorized City Official ATTEST: TARRANT COUNTY: ROY ENGLISH, County Judge BOB HAMPTON, Commissioner Precinct Three 5-5- City of Southlake,Texas I MEMORANDUM January 10, 1990 TO: City Manager Curtis E. Hawk FROM: Police Chief Billy Campbell SUBJECT: HGAC Agreement Please find the attached renewal agreement between the City and HGAC. This agreement enables purchases from the Houston-Galveston Area Council. We entered into this agreement for 1989, this is the agreement for, 1990. BC/dmn 6.3 City of Southlake,Texas RESOLUTION NO. 90-06 A RESOLUTION OF THE CITY OF SOUTHLAKE TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO ENTER INTO A RENEWAL AGREEMENT BETWEEN THE CITY AND HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR PURCHASING. PROVIDING AS EFFECTIVE DATE. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That the City Council hereby approved the renewal agreement between the City of Southlake and Houston-Galveston Area Council, for 1990 , in the form attached hereto as. Exhibit "A" and authorizes and directs the Mayor to execute and have delivered such agreement in the Houston-Galveston Area Council. Section 2 . That this Resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED this the day of CITY OF SOUTHLAKE, TEXAS By: Gary Fickes , Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas CITY-VEH INTERLOCAL AGREEMENT STATE OF TEXAS { } COUNTY OF TARRANT { } THIS INTERLOCAL AGREEMENT ( "Agreement" ) , made and entered into pursuant to the Interlocal Cooperation Act (Article 4413(32c)V.T.C.S. ) by and between City of Southlake, Texas, hereinafter called the "City" and the Houston-Galveston Area Council, a council of governments of the State of Texas, hereinafter called the "Council. " WITNESSETH The City of Southlake constitutes and appoints the Houston- Galveston Area Council, its true and lawful purchasing agent for the purchase of certain vehicle(s) through the Council's Cooperative Purchasing Program. Said vehicle(s) will be specified by the City to the Council through submission of purchase orders duly signed by appropriate City official. The City agrees that the Council shall be the exclusive purchasing agent for the vehicle(s) . and agrees that bidding shall be conducted by the Council according to the regulations contained. in Section IV of the Council's Financial and Accounting Procedures Policy Handbook. WHEREAS, the City desires to purchase certain vehicle(s) and WHEREAS, the Council is willing to procure the vehicle(s) for the City. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT in consideration of the covenants, agreements, and benefits to both parties, it is hereby agreed as follows: I . After the date of execution hereof, the Council will procure the vehicle(s) described in the order form or Purchase Order. The vehicle(s) shall be procured in accordance with the regulations governing competitive bidding procedures of the Council; the terms hereof; and the quantities, qualities, and at the unit prices and administrative fee as indicated on the "Order" . II . All of the vehicle(s) purchased hereunder shall be of new manufacture and undamaged and shall meet the specifications as determined by Council staff in response to requests from the City. The vehicle(s) shall carry the manufacturer's full warranty to the City. Provided, however, that it is understood and agreed that the Council has acted only as an agent for the City in its purchase and make no warranty, either implied or expressed, regarding the fitness or mechantability of the vehicle(s) . III. The City, by execution of this agreement, agrees to furnish to the Council a valid Purchase Order with the H-GAC Order Form. When vendor notifies the Council of definite date for pickup at factory or delivery of the vehicle(s) to be transferred from vendor to end user, the Council will invoice the City for the full amount of the "order" including the administrative fee. The City agrees to remit full payment immediately prior to pick-up or delivery of the ordered vehicle(s) . IV. The City agrees to present an authorized representative3 at the appropriate contracted vendor(s) for the respective ordered vehicle(s) , for the express purpose of "check out" and acceptance of the vehicle(s) within (5) days after notification that said vehicle(s) are ready for delivery. Further the City shall verify acceptance of the vehicle(s) in writing to the Council within five (5) days after acceptance of same. V. The City agrees that Manufacturer's Statement of Origin (title) will be endorsed by the vendor directly to the City at the time of receipt and acceptance of the vehicle(s) . Further the City accepts responsibility for vehicle registration and transfer. This agreement, including the "Order" , constitutes the entire agreement between the parties hereto relating to the rights herein granted and the obligations herein assumed. The later date of execution by the Mayor of the City, or the Executive Director of the Council hereinbelow shall constitute the date of execution hereof. IN WITNESS HEREOF this instrument, in duplicate originals, has been executed by the parties hereto as follows: a. It has on the day of , 19 , been executed by the Mayor of the City, on behalf of the City, pursuant to a(n) (ordinance, resolution or purchase order) of the City (attached hereto) so authorizing. '- '7/ 4 b. It has on the day of , 19 , been executed by the Executive Director of the Council on behalf of the Council pursuant to an order of the Board of Directors of the Council so authorizing. CITY OF SOUTHLAKE HOUSTON-GALVESTON AREA COUNCIL BY BY (MAYOR) JACK STEELE, EXECUTIVE DIRECTOR ATTEST ATTEST City of Southlake,Texas MEMORANDUM January 8 , 1990 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. On January 2 , 1990 , the City Council approved (3-2) the First Reading of Ordinance No. 480-11 . The Council strongly recommended that Conoco address the neighbors ' complaints of noise associated with the thermal oxidizer ("the flare") . On January 11 , 1990 , Conoco, Inc. presented the attached letter requesting that the Second Reading of Ordinance No. 480-11 be tabled until the February 20 , 1990 meeting. KPG/ew c1I 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-11 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 population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southiake, Texas, at a public hearing called by the City Council of the City of Southiake, 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 Southiake, 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 Southiake, 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 Southiake, 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 Southiake, 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 Southiake, 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 Southiake, 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, •�i 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 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 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 , 1990 . PASSED AND APPROVED on the 2nd reading the day of , 1990 . Gary Fickes, Mayor City of Southlake ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney City of Southlake City of Southlake,Texas MEMORANDUM January 9 , 1990 TO: Curtis E. Hawk, City Manager 1 FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 89-75 Zoning Change Request ZA 89-75 is a zoning change request for a 1 . 33 acre tract of land out of the Thomas Easter Survey, Abstract No. 458,! Tracts 2C and 2D. The tract is located on the north side of Highway No. 114 east of Shady Lane. The owner of the tract is Javatex, Inc. The current zoning is Agricultural; the requested zoning is Commercial-2. There were two (2) letters sent to property owners within 1 200 feet. To date, there have been no responses or inquiries. On January 4 , 1990 , the Planning and Zoning Commission , recommended approval (6-0) of the zoning request for Commercial-2 . KPG/ew 1 10- 1 . --BEGINNING --at--a 11/2 inch iron ' rod found at ' the- -Southwest corner of said Javatex Tract, said point being along the North line of State Highway 114 (a variable width Right-of-Way) ; •• THENCE North 01.08'23" East along the West line of said 1.33 acre tract, 315.04 feet to a point for corner; THENCE South 88.09'24" East along the North line of said tract, 286.54 feet to a 5/8 inch iron rod found for -corner; - I THENCE South 00'44 '00" West along an Easterly line of said tract, 127.02 feet to a 5/8 inch iron rod found for corner; THENCE South 88'59'03" West along a Southerly line of said tract, 177.91 feet to a 3/4 inch iron rod found for corner; _ __ _ THENCE South 02°38 '25" West along an Easterly line of said tract, 179 .15 feet to a 3/4 inch iron rod found in the North line of said State Highway No. 114 ; THENCE North 88`09'57" West along the North line of said State Highway ' No. 114 , a distance of 106.95 feet to the POINT OF BEGINNING and containing 1 .33 acres of land, more or less . • • JO -i • -ti =1'•"1ifir1il11i'Ll1 W i ` m ASt�R..._ J •-"TA00T w ` ci LN SOUTH ` THOUSAND OAKS • —ill • pAPP1E TRAIL LAKE �° r.._.s Clfl.,o SOUTH LAKE• r'----�� o��-. 1 in IIMI IIM MS IMO ri, IMB W'el111161111 I=MB BM UM IP;NM W mil :I Ec2 { cc SOUTHLAKE HpRBORNp� ¢ SIDE o -� ` PK.E o= :inDRa ,-°�./ tw ¢ LL H ; !B IAfl 2 y G W iI HILLSIDE R BLUE TE '�2 CRESCENT OR HARBDp tp3 SOUTHLAKEPK..W hjUp LAKESHOREDRrGflAPEVINE- 4 WOODLAND DR a w a ANG�E�p •DOVE LOOP RD HILLTOP OR pG >>= s GRAVEL RD N �,3 MET ST C,y�q�e �'¢ F. : , L CREST DR E`?-+--. UN BD '�;REDBIRD LN c ,s ►�E$TWOOD TR e• �r DUpIL� coW R A .- o rQ 1 3 cc 4 SO �" t TAYLOR ST o o� x SORES �i DENE CT ' _ " 1 SPUR TRAIL I lava' Y g° FTp. T LAKE AD q > T �! C'I. a4 EMERALD CIR a OOY f,.E TARUO g B L_DDVE ST.;rE _...�.,.,..,--<e. ; g �� . cam, ya I.PE cSTA111.7i ,Wc o J, DOVE ST.. ,>. CARROLL ONO 9 HIGH SCHOOL = m �' o oQ ( 3� r al s m 1 CARDINAL DR x m 2.1.¢R1YE R{ST� 6'" rrAOBINOALF LN s90 a sr a"e+ c ` gEpCqQfC SILVERCAEST lM0-1 s y�x ra t' o _ SUMMIT RIDGE CARDIN L CTE OR 1' PRIMROSE LN cr�:x * 1%,Ni cl y, ,,,S CENIC 5 CARDINAL CT �� «�� 9s ERE 9G �p o; M. .T.' ■■R 6 L ATE IDE CIR Cl G �9�F.PF CI' i� ' �M ARWiCK 9 LRPORtC E CTM/' ! Gg QIHC .„1 € W CH LS WAR oQ ,19 9 ILLCREST CT c %. 1 CAPROCK 6T 112 3 •v �I ,_ �•''` 2 TUMBLEWEED C o r ,,. F 0 3 ROUNDUP TR ' •2:t HE?FIELD ST F V .._i �+ 'Yglj HISPERI G1N Tr,4 LONGHORN TR O` ESTER .. X OR W r, w 5 ALICE CT I :r LN / s j `u�-° �`` 1 JACK D.JOHNSON • 9 0 = 6 THOMAS CT 't"T d! .. fr y ELEMENTARY I '_-r` = 7 PANHANDLE CT M * t.f> ' I j 1 p HIGHLAND ST.,W A ¢ HIGhLANO ST.,E m� y R BOX CANYON C IPP 444.16% -��' W : •"'"•'.`'/ `1 �B} larr`1 ASPENWOOD NI..S 5 R ��z [1111 /'' $ 1y. 2 ASPENWOOD QR.N 7 6 DOVE CREEK•"'-' 3 BAOWNSTONE.DR. 8 S 9 CARROLL z �� CDYE�R 4 BRDWNSTONE CT MIDDLE $ HILLC 6s DD41C ,. 5 MILL CAOSSI WILOW000 L SCHOOL r Bfl00KWO9Da\,,• 'f j _ �' z .dz I tq RAINTREE GR 9A1NF0 ) x3 ' '' r i.- ° , J V .eL'J .+ k C7'T $ 1 a LAKEWD00 D� ¢ cO�QR GREEN ROUGH OR �4 Y� y 8` iX t aMISS!O,I,ALAMO DA o. c Y er' M4.�� IVERSIOEI so ilia RMNCR �:LOVE HERY CT 96 1. o m CITY y MCPSDNF ` `=t • 1. �• - > m.. "' x 2 COLUMBUS T INDING RIDGE AD J4, e� ,�',�DIAMOND BLVO' Vsp F �� I xi £ % . BICENTENNIAL �.SNq_ I o ems= {g PARK 1 PEA 1p1----g[1> s-4=¢ _ BUS. ® 4. i SOUTHLAKE BLVD..W a 9f`17R I SOUTHLAKE BLVD..E J ps+EN am— y. m _+ s o .� , 1709 GCB ! Qd� 1 mor- I •1 - APf(I%r fL OAK KND(!S; 1 WALL ST_g W o,A,IP ,f� •�' Q.lfe RD : EVERGREEN CI a' w e o '� ...-4: ,FERN G.I,x' " Npral • 3" �3 J p�E y m.v�i' cF.P. �a //PINELNcTE W7 y r LOOP ,e+ ti $Y;W`T CT S 3 ¢„ .f �` Y f 1 g 'G�t o�YDXft E Y OEr•lam ¢ .' ., tLILAC .. -..w 1 cQ y f 4��-EAT �, ' EXCHANGE BLVD LANCps. GG m #� RAINBOW '�' p 1�1DU51AI�i.RL110 lir 1 SPRINGER ST r f • 2 HEATHER a J 1-- + • • 3 CHELSEAis `1.•e. •• •• '- 4 HOLLY ST • /_ �c¢a CONTINENTAL BLVD..E CONT�EN f`a•• ••••• ••• 01) BLVO..W J3 _ �_.-..r r .. a _. �. .z _x .� �,b.U. • • • i • ! � HART ST W� _ '� v, J • • a :cdc.21- ose , w / S • •• 3. en _.. E • ~ S • rr 1. • ! ,' ' 1r SMEM �� 3 / i.. MGS •• i t, o � . •i . ett I f• . 1, 4A 0-4 'zi •• i fDollos• al 1 r Jnte►nat and nn: IL'VT TT I L �� W ' I 16 _ 18 21 23 26 28 1 j 4. Q 15 19 U 24 25En 4/1 29 14 TIMB:R CREEK RD 11 30 TR 2A i3 10 ()GE 13 14 7.7 A C C, 1111 12 /Nr4I' 12 Nip 9 , 4140001:01 TR �N 9 17 52 11` , 16 15 e AI3�9 RIVERSIDE Ail, TR 2A2 irai . • !0 j 7 • 8.7 AC 1 a CT le g 21 O/) U 6 i19 20 Z IL. J litir TR 1 8 1-1U +' ' 13.92 AC v V 5 Q 7 a. r 23 22 411111111 R4f) v1Ei 4 6 • a 3 24 4r, ip ,:. c:17. a 5 39 U 2 ,- --', re 2 4 40 2 �zj 3 1 41 ,forris L. Graham - � 2 WINDING RIDGE RI • TR 1 2 3 4 .75 TR !A 1 INE ITY I1MIT$ TR 2 _ I . - 6 • / - . AG / 168 VC ture ` .29 Cit iTR 2E3 TR 2E14 d.04 AC _. • 6.007 @ • j • Commercial-3. . TR 2E3A _ . ( .05 A 44k� TR 2E10 NpRTNv8ST"P TRACT 58 ARkgA y 1.667 @ I c t �c W • • LO 1 a • • • v ,--, r1--E . .._---- -- - -- -y-TGy --- _ 2 ZQT o 1 RATS 531 N 1 6 14 2 3 1 i2 Q /0-5 / .... ©I .— ,>m -_. ;,.. s.:>G,s4N NO/1/OO{7 GX O Nl19Y70'- ... c --. 1/9/HXg Jam'/fVOZ N. 2_7 /`a/Ot./ . ^,92,80.209- Q 3PiP7hzi7 ,M1 1J.a.�a ! 2- Cd "66/.a;-WQ%C.i ,ZO'LZ/ O.gBOdOad 4 -iG4P/9 7 ,;�:_ouJa le_'F.0:a cam 9'0 d' 1 /74G0,P.P.00 ,9C4o 4e.c.o%.7/,,,Or+" I- 9,7 /1J/700'd O.fl/71 .•C992 2..:�_2;:;,/9• ,' + e t z/ , a 0 Z I I� ' ti 5av .x7 I_ �:wrf gi :±4 • • I TW ,CL 5m ,- ccc _ SO L -co., 't: y.sue• Z co wr' C G'9' ;v 'C1 G_i . x L; cc,v�O ti ' T • �, .ag1_ 0p �uR vFIOp / a '" ? c -% ds $1 I :I/ / c gr Ivi c: p .2 . , ; ' ' 4li1�OZ j.� I II I Wmo' 7{i. _Y: . — . vI, • l•.. ar Gi . •r Mr : G1 ' Io i maoy r • �•`09/is/OAj :I�t -'2 !," oB�`• • ' --- - - i SOc9Ud K L OP f .90 \ '" I , `. _ aa, Pig .2 I .g.g gI I1.cz o ca ' u \ al r,!^ -LW. -• c,z7. a -V" Wit= ' ``;. f I- NosagHs m r° ' a 1 ' v,..v ,z g tz Ig es iti 62 Y c . ° I�sL .ac • Ny• Izl I 'I ` 50 I c Y O ' 4 A S S , • _ —_ f i ., .�_. •I ryI Il 09 AG .oL 'x Ito/ y ,orL&r —L— '—= '0�Q+�j1�__ 1 , . 1 `E0I�p, k{ J! ' ,-" . 'P/D.. .cc ',ow :ty C f r'/;-i_-- .aj..:�i ,y„�' n�I Ie ' �y I 1a tq , I IQ za y Ic / v al l - a" •._` L 2 , ? : r.t./• ` j . e.t.a,(4:.• .1.DI L -- _ 1 y`'S/T •:I. • I / ,_ —.L=:p�16: V __ I ' U Ia�c �j SI `ri- —,F ps'` /,/ a: p, s? .r� I .r� _ O :U - aA I n; I I ..s� a _ 1 g -----i. IJ c 4,5; 7 _..... . &~.I3 I, nI �{ .. .7 '7 r,,, PSI 'o•? j ,s6 i .� ,:9I .So ,cr .�—� .J i [ �. -.�0 • I O pt c Y.: 1 ' I✓;` Ilia.. I� :z 02 c.. a` } y m :cam 2 1 I i 4.09 __ 1 ____`- -- --,,.. — -=— s----- • .0 r =,..�: '�^b .. n_�-T.___-r-.-_ __ 1�- —tea —.-___ .—_._ : io :-•-...cn. ., • ir. s. . .. j- { 1 GC- ada3d . • CITY OF SOUTHLAKE , TEXAS ORDINANCE NO. 480-12 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 1 . 33 ACRE TRACT OF LAND OUT OF THE THOMAS EASTER SURVEY, ABSTRACT NO. 458 , TRACTS 2C AND 2D, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ZONING DISTRICT USES TO COMMERCIAL-2 ZONING DISTRICTS 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 / r7 Iiirr 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, / _-.' 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 1 . 33 acre tract of land out of the Thomas Easter Survey, Abstract No. 458 , Tracts 2C and 2D, and more fully and completely described in exhibit "A" from agriculture uses to Commercial-2 zoning districts 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 / ') - 9 Illir 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 , 1990 . PASSED AND APPROVED on the 2nd reading the day of , 1990 . Gary Fickes, Mayor City of Southlake ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney City of Southlake /D —/� City of South lake,Texas MEMORANDUM January 9 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 89-76 Preliminary Plat of Austin Oaks Addition \ I ZA 89-76 is the Preliminary Plat of Austin Oaks Addition, a 1 . 33 acre tract of land out of the Thomas Easter Survey, Abstract No. 458 , Tracts 2C and 2D. This tract will access a 39 . 91 acre Single Family development in the City of Grapevine. The tract is located on the north side of Highway No. 114 east of Shady Lane. The owner of the tract is Javatex, Inc. The current zoning is Agricultural; the requested zoning is Commercial-2. There were two (2) letters sent to property owners within 200 feet. To date, there have been no responses or inquiries. On January 4 , 1990 , the Planning and Zoning Commission recommended denial (4-1-1) due to the close proximity of the proposed road to the acceleration lane from the frontage road to Highway No. 114 . On January 10 , 1990 , the applicant sent a letter requesting that the Preliminary Plat be withdrawn from consideration. They will resubmit at a later date. KPG/ew If- I City of Southlake,Texas MEMORANDUM � I January 12 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works ' SUBJECT: Water Rate Increase Ordinance On December 12 , 1989 , documentation was submitted to the City Council for justification for increasing existing water rates 15% . This documentation points out that while Fort Worth has increased their rates in the last four yearsiby 48%, the City of Southlake has not increased their water rates. A net income (loss) table was presented which indicated that the City is losing money at an accelerated rate. In order to properly establish water rates for the City, a Water Rate Study needs to be performed. However, since the City is continuing to lose money in the water fund andlthat a cash flow problem does exist, it is essential that water rates be increased on an interim basis until the Water Rate Study can be performed. Below is a table showing existing and proposed water rates: Existing Proposed Usage (gal) Water Rate Water Rate 1st 2000 $20 . 00 $23 . 00 2 , 000 to 100 , 000 $2 . 40 $2 . 76 Over 100 ,000 $3 . 00 $3 . 45 1 I am in the process of preparing an Ordinance for Cityl Council action at the January 16 , 1990 meeting and wild submit the Ordinance to the City Council at that time.) If there are any questions , please contact me. A10 MHB/ew i City of Southlake,Texa: >--;, . s �. ORDINANCE NO. ,f 5 lr AN ORDINANCE OF T CITY OF SOUTHLAKE, TEXAS, AMENDIN ECTION 1 OF ORDINANCE NO. 338 , SET NG WATER RATES OF THE CITY; INCREASIN WATER RATES; PROVIDING ELDERLY/ HARDSH RATES FOR RESIDENTIAL USERS; PRO- VIDI A DISTINCTION BETWEEN RESIDENTIAL AND CO ERCIAL USERS; DECLARING AN EFFECTIVE D TE. WHEREAS, the City Council is committed to the principal of establishing water rates adequate to pay the costs of such services, including both operating costs and debt services; land, WHEREAS, operating costs have increased due to increased costs for power, personnel, materials , and treated water from the City of Fort Worth; now, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1 . The following rate schedule is hereby adopted for water rates for Residential and Commercial Subscribers to the Southlake Municipal Water System, effective with the bills that are mailed in February, 1990 , and continuing in effect until otherwise amended: RESIDENTIAL SUBSCRIBERS: I. Subscribers living within the corporate limits oflthe City of Southlake: A. Standard Rate: 1st 2 , 000 gallons used: 1 23. 00 Each 1 ,000 gallons or any portion thereof in excess of 2,000 gallons used up to 100 , 000 gallons i 2 . 76 Usage in excess of 100,000 gallons ! 3 . 45 B. Elderly/Hardship Rate: 1st 2 , 000 gallons used 11 .50 Each 1 , 000 gallons or any portion thereof in excess of 2 , 000 gallons used up to 100, 000 gallons 2 .76 Usage in excess of 100 , 000 gallons ! 3 . 45 I I City of Southlake,Texas if Ordinance No. 495 Water Rate Increase page two II . Subscribers living outside of the corporate city limits of the City of Southlake, Texas, but within the service area of the Southlake Municipal Water System: A. Standard Rate: 1st 2,000 gallons 29 .90 Each 1 , 000 gallons or any 1 portion thereof in excess of 2 , 000 gallons used up to 100 ,000 gallons 2 .76 Usage in excess of 100 ,000 gallons 13. 45 COMMERCIAL RATE: I. Standard Rate for all Commercial Subscribers: A. Minimum Rate regardless of usage based upon meter size. 1" for 1st 3 ,000 gallons used 136 . 22 1 1/2" for 1st 5 , 000 gallons used 159 . 80 2" for 1st 7 ,000 gallons used i 83. 38 3" for 1st 10, 000 gallons used 1119.60 4" for 1st 12 ,000 gallons used , 143. 18 6" for 1st 15,000 gallons used 179 . 40 8" for 1st 18 ,000 gallons used 215 . 63 B. All usage in excess of amount set forth for minimum rate shall be charged at the rate of 2 . 76 per11,000 gallons, or any portion thereof, used. Section 2 . That this ordinance shall be in effort, upon approval by the City Council of the City of Southlake. PASSED AND APPROVED ON THE DAY OF , 19901. Gary Fickes , Mayor I ATTEST: Sandra L. LeGrand City Secretary City of Southlake,Texas MEMORANDUM January 11 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Revised Chapel Downs Developers Agreement Attached is the revised Chapel Downs Subdivision Developers Agreement. On October 17 , 1989 , the Chapel Downs Developers Agreement was approved which included two alternatives to provide sewer service to the subdivision. Since that time, the second alternative (includes installing a lift station, force main, and gravity lines that will serve Summerplace Subdivision and Chapel Downs Subdivision and pump to the Big Bear Interceptor or Colleyville Interceptor) was selected to provide sewer service to the subdivision. According to the developers agreement, if this alternative was chosen, a cost/lot fee was to be charged. Since the second alternative was chosen, it is recommended that a per lot fee of $1 ,500 be included in the developers agreement. As per } the developers agreement, this fee is not considered as an impact fee . This fee is acceptable to the developer. An additional sentence was added to require the above fee to - be due and payable prior to the approval and acceptance of the subdivision. The above changes are located on Page 7 of the developers agreement and are underlined. Please place this item on the agenda for the January 16 , 11990 City Council meeting. /rdke MHB/ew /3J� City of Southlake,Texas CHAPEL DOWNS SUBDIVISION DEVELOPERS AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the undersigned Developer, hereinafter referred to as the Developer, of the Chapel Downs Subdivision to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 106 lots contained within the Chapel Downs Subdivision and to the offsite improvements necessary to support the subdivision. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. Since the Developer is prepared to develop the Chapel Downs Subdivision as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 100 of the lots for residential permits after the underground utilities are installed and before paving of the subdivision is started. This will permit builders to start construction and be ready with model homes for the 1990 spring market. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the subdivision has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. C. The Developer will present to the City a setaside letter guaranteeing and agreeing to pay an amount equal to 1000 of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts , up to the total remaining amounts required for the completion of the subdivision if the Developer fails to complete the work. The value of the setaside letter will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. T 7 City of Southlake,Texas D. The Developer agrees to furnish to the City maintenance bonds amounting to 1000 of the cost of construction of underground utilities and for the paving. These maintenance bonds will be for a period of Two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenence bonds will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. The City agrees that if the 100% bonding requirement is reduced before the maintenance bonds are required, the new requirements will be applied to the bonding requirement for Chapel Downs. E. Until the setaside letter required in C has been furnished as required, no approval of work on or in the subdivision shall be given by City and no work shall be initiated on or in said subdivision by the Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City of Southlake and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part hereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: 1 . To pay to the City three (3%) percent of the construction cost for inspection fees of the water, streets, and drainage facilities, and sanitary sewer. It is agreed by both the City and the Developer that the inspection fees will cover all testing required for (1) the paving (subgrade stabilization tests, any concrete tests required at the time of pouring as well City of Southlake,Texas as coring and the required testing/measurements of the core samples) and (2) any compaction testing of the utility trenches required under paving. 2 . To delay connection of buildings to service lines or water mains constructed under this contract until said water mains and service lines have been completed to the satisfaction of and accepted by the City. This requirement extends to the completion of the off-site sewer designed to provide sanitary sewer service to this project with the exception that no more than twenty (20) homes will be allowed to connect to the Summerplace WWTP prior to the completion of the proposed S-6 Interceptor Sewer line. H. The Developer and Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintain the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice should the Developer fail in this responsibility, the City may contract for this service and bill the Developer or Builder for the reasonable costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to third parties, 120 days after Developer has notice of costs. I. Any guarantee., of payment instrument (Letter of Credit, Setaside Letter, etc. ) submitted by the Developer on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer' s Agreement within the City of Southlake regardless of such company' s authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. 3 City of Southlake,Texas II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of Chapel Downs to the City of Southlake. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer' s engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event -that certain water lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost. Additionally, the City agrees to provide temporary water service, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer' s engineers , approved by the City Engineer of the City, and made part of the final plat as approved by the City Council. C. STREETS: 1 . The street construction in the Chapel Downs residential development of the City of Southlake shall conform to the requirements in Ordinance No. 217 . Streets will be installed in accordance with plans and specifications to be prepared by the Developer' s engineer and approved by the City Engineer. 2 . The Developer will be responsible for the installation and 2 years operation of all street lights installed and street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances. I3- 3 City of Southlake,Texas 3 . All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement. All utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of Chapel Downs to the City of Southlake. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer' s engineer and approved by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. III. OTHER ISSUES: A. AVAILABILITY OF SANITARY SEWER SERVICES: The City and the Developer have discussed at length two alternatives for providing sanitary sewer services to Chapel Downs Subdivision. The first alternative appears to be the optimum approach which would be to provide a package treatment plant of adequate capacity to service both the Chapel Downs subdivision as well as the adjacent Summerplace subdivision. It is understood the Developer r 3 - 6 City of Southlake,Texas will be responsible for all phases of the administrative process for requesting a revised r , discharge permit to the Texas Water Commission. } The developer will submit the application to the Texas Water Commission through the City of Southlake and all fees associated or required by the Texas Water Commission will be the responsibility of the developer. The Developer agrees to remove and dispose of the existing wastewater treatment plant and pay all costs resulting in the removal and disposal of the plant. The Developer agrees to purchase, install, and put in service a new package treatment plant with sufficient capacity to serve all lots in the Summerplace and Chapel Downs Subdivisions. The City of Southlake will have the right to disapprove any wastewater treatment plant that will not efficiently produce the required effluent standards set forth by the Texas Water Commission. In the event that the Developer installs a treatment plant that provides for excess capacity over that required for the Summerplace and Chapel Downs Subdivisions, the Developer will have the first right of refusal for that excess capacity. If a Development has need for the excess sewer capacity, the City of Southlake will inform the Developer of Chapel Downs who will then have sixty (60) days to come to an agreement with the City of Southlake for the excess sewer capacity. If the developer of Chapel Downs has not reached an agreement with the City of Southlake within 60 days after notification, it will be the right of the City of Southlake to contract with other developments for the excess sewer capacity. The City agrees to waive all sewer impact, prorata, or tap fees associated with connecting Chapel Downs to permanent sanitary sewer facilities if Chapel Downs installs the package wastewater treatment plant. The second alternative would be to gravity flow from Chapel Downs to a lift station and lift the sewage to a gravity line that will flow into an existing sewer line in the Big Bear Creek , Drainage Basin. It is agreed between the City of Southlake and Chapel Downs Developers that should this alternative become feasible within the next six (6) r' � City of Southlake,Texas months, and if the City of Southlake determines that Chapel Downs and Summerplace Subdivisions would best be served by gravity sewer, the City would install the necessary facilities to serve Chapel Downs Subdivision with gravity sewer and pay for all costs associated with the lift station and gravity sewer, lines. The developers would be responsible to bring gravity sewer from Chapel Downs Subdivision to the site of the existing Summerplace wastewater treatment plant. It is also understood that should this alternative be chosen, a connection fee will be charged to the Chapel Downs Subdivision at a cost of $1500 per lot. This fee will be due and payable according to the following schedule: 1) The developer agrees to pay for the first twenty (20) homes ($30 ,000) .prior to the final approval and acceptance of the Chapel Downs Subdivision. 2) The fee for the remaining number of lots (106 lots - 20 lots = 86 lots x $1 , 500/lot = $129, 000) will be escrowed, prior to the acceptance and approval of the subdivision by the City of Southlake. The funds will --4be escrowed in ' the Texas National Bank of Southlake and payable to the City of • Southlake upon the wastewater flow from the Summerplace WWTP being diverted to the proposed S-6 Interceptor line or the completion of the S-6 Interceptor line whichever comes first. This fee is not to be considered as an Impact Fee but a fee in lieu of replacing and installing the Summerplace wastewater treatment plant. However, if a purchase contract for the new package wastewater treatment plant has been signed prior to the decision to install the gravity sewer , system but after January 1 , 1990, the Developers would be required to install the new package wastewater treatment plant. If the second alternative is selected by the City to serve Chapel Downs Subdivision, there will be a maximum of 20 new homes that will be allowed to connect to the existing sewer collection system of the Summerplace Subdivision. The number of connections will stay in force until the lift station and gravity lines are completed, accepted, and connected to either the Big Bear Interceptor or the Colleyville Sewer Main. It is also agreed between the City of Southlake and the Developers that whichever alternative is chosen, the City would not impede the permitting or development process of Chapel Downs Subdivision. 7 City of Southlake,Texas months, and if the City of Southlake determines that Chapel Downs and Summerplace Subdivisions would best be served by gravity sewer, the City would install the necessary facilities to serve Chapel Downs Subdivision with gravity sewer and pay for all costs associated with the lift station and gravity sewer lines. The developers would be responsible to bring gravity sewer from Chapel Downs Subdivision to the site of the existing Summerplace wastewater treatment plant. It is also understood that should this alternative be chosen, a connection fee will be charged to the Chapel Downs Subdivision at a cost of $1500 per lot. This fee will be due and payable prior to the final approval and acceptance of the Chapel Downs Subdivision by the City of Southlake. This fee is not to be considered- as an Impact Fee but a fee in lieu of replacing and installing the Summerplace wastewater treatment plant. However, if a purchase contract for the new package wastewater treatment plant has been signed prior to the decision to install the gravity sewer system but after January 1 , 1990 , the Developers would be required to install the new package wastewater treatment plant. If the second alternative is selected by the City to serve Chapel Downs Subdivision, there will be a maximum of 20 new homes that will be allowed to connect to the existing sewer collection system of the Summerplace Subdivision. The number of connections will stay in force until the lift station and gravity lines are completed, accepted, and connected to either the Big Bear Interceptor or the Colleyville Sewer Main. It is also agreed between the City of Southlake and the Developers that whichever alternative is chosen, the City would not impede the permitting or development process of Chapel Downs Subdivision. B. STORM DRAINAGE SYSTEM: Chapel Downs and other subdivisions to the south currently drain into a natural drainage channel that traverses Chapel Downs . In order to not raise flood levels above those which presently exist, the Developer will straighten the drainage channel and construct a detention basin within Chapel Downs. Both the drainage channel and the detention basin will be platted as portions of residential lots . Restrictive covenants for the subdivision will require homeowners on those lots containing the -7-' City of South lake,Texas drainage channel and detention basin to landscape and maintain these areas as a part of their yards, and will restrict any structures that would impede the flow of floodwaters . The City agrees to not issue permits for any structures to be constructed or placed within these designated areas. C. PERIMETER STREET ORDINANCE: Since the Chapel Downs subdivision is adjacent to the Summerplace Subdivision, and since two of the streets within the Chapel Downs subdivision are extensions of Dove Creek Trail, an existing street within Summerplace, and since Dove Creek Trail is in need of extensive repairs, the Developer will reconstruct Dove Creek Trail by pulverizing and stabilizing the existing street with lime or cement stabilization six (6) inches in depth, compact to 95% modified density and overlay with 2 inches of HMAC. The City will pay for all testing required, within the Summerplace Subdivision, to determine the percent of stabilization. Additionally, the developer will reconstruct Summerplace Avenue in like manner as Dove Creek Trail with the funds remaining from what the Perimeter Street Ordinance requires minus the construction cost of Dove Creek Trail or place those funds in a City of Southlake escrow account for the reconstruction of Summerplace Avenue. Such construction shall be completed within six (6) months of the execution of this agreement and all costs for same shall be reasonable. The reconstruction of Dove Creek Trail and Summerplace Avenue described above is intended to satisfy the Perimeter Street Ordinance requirements and therefore the upgrading of N. Whites Chapel will not be required. D. CONSTRUCTION TRAFFIC: All construction traffic associated with the development of Chapel Downs Subdivision will not use Summerplace Avenue as either an exit or entrance way to the subdivision. E. All items set forth in this "Section III: OTHER ISSUES" shall be confirmed by written agreement at the earliest practical date, but in no event later than December 1 , 1989 . /3 • City of Southlake,Texas SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: CHAPEL DOWNS JOINT VENTURE By: Title: Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: } -9-- Robert McDaniel January 10 , 1990 Page two On page 5 of the proposed agreement, under the requirement for the $20 , 000 deposit, we would like to revise paragraph 4 . 1 by adding a third sentence to read . as follows: Colleyville shall hold said deposit in an interest bearing account earning at a minimum of five (5) percent. We would like to revise paragraph 4 . 2 on page 6 to read (revisions indicated by underscoring) as follows: Upon the transfer of the Colleyville line by Colleyville to the Authority, or upon the disconnect by Southlake of its points of entry authorized under this agreement, Colleyville shall pav to Southlake the sum of $20 , 000 as a return of the deposit, plus an amount equal to any interest earned on the $20 , 000 , less any amounts deducted by Colleyville pursuant to the terms of this Agreement. We would like clarification of paragraph 2 . 4 on pages 3-4 of the proposed Agreement, to assure us that you will not be requiring residential or other non-industrial wastewater to be pretreated. Given these three areas of change, I believe the Agreement as proposed to be equitable and in the best interests of both communities, and I will recommend the Agreement to our City Council for approval . We are appreciative of the offer by the City of Colleyville to assist us in obtaining interim wastewater service. This example of subregional cooperation will enhance not only the effectiveness of service delivery, but also the efficiency, of both cities. Sincerely, Curtis E. Hawk City Manager CEH/ba INTERIM WASTEWATER SERVICE AGREEMENT COLLEYVILLE - SOUTHLAKE This Agreement is made on this the day of , 1990,. by and between the City of Colleyville, a home-rule municipal corporation of Tarrant County, Texas, (hereinafter "Colleyville") , and the City of Southlake, a home-rule municipal corporation of Tarrant County, Texas, (hereinafter "Southlake") . WHEREAS, Southlake and the Cities of Fort Worth, Keller, and North Richland Hills have entered into an agreement with the Trinity River Authority of Texas, (hereinafter "Authority") , for the installation of a sanitary sewer line which will serve the Big Bear drainage area of the City of Southlake, ("TRA line") ; and WHEREAS, the TRA line will substantially parallel a sanitary sewer line owned by the City of Colleyville which serves the Big Bear drainage area of the City of Colleyville, ("Colleyville line") ; and WHEREAS, the City of Southlake is in need of interim wastewater service until the completion of the TRA line; and WHEREAS, the City of Colleyville has excess capacity in the Colleyville line at this time; and WHEREAS, the City of Colleyville has negotiated an agreement with the Authority which provides for sufficient capacity within the TRA line to accept all sewage generated by the City in the 1 l�-s Big Bear drainage area when considered in conjunction with the Colleyville line; and WHEREAS, the Colleyville line was installed pursuant to the provisions of a grant from the Environmental Protection Agency of the United States, ("EPA grant") ; and WHEREAS, it is the intention of Colleyville and Southlake that the provisions of the EPA grant be strictly complied with. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties agree as follows: Condition Precedent 1. 1 This Agreement and the obligations of the parties hereto is contingent upon the execution and delivery of a written contract between Colleyville and the Authority pursuant to which the Authority agrees to accept, transport and process all wastewater generated within the City of Colleyville in the Big Bear drainage area via the TRA line and/or the Colleyville line. Access to Sanitary Sewer System 2 . 1 Colleyville shall designate one or more points of entry in the Colleyville line where Southlake shall be entitled to access the Colleyville line and introduce wastewater flows. The size and type of construction where Southlake accesses the Colleyville line shall be determined by Colleyville and shall be constructed by Southlake. Southlake will bear all costs associated with the construction at points of entry. 2 2 . 2 Prior to the introduction of any wastewater through a point of entry that was constructed pursuant to paragraph 2 . 1 above, Southlake shall construct, at its sole cost, a metering station at each point of entry. Colleyville shall allow the utilization of Colleyville's easement for the construction of the metering station. Said metering stations shall be of a sufficient design and capacity so as to measure the flow of wastewater into each point of entry with the accuracy of plus or minus 3% per thousand gallons. Southlake shall pay all costs of maintaining said metering stations, including the cost of testing and re-calibrating same. Colleyville, its agents, servants and employees, shall have access to the metering stations at all times, and Colleyville shall have the right to test the meter for accuracy and require adjustments be made thereto. 2 . 3 Southlake shall at no time allow the total wastewater emitted into the points of entry established pursuant to paragraph 2 . 1 to exceed more than . 10 million gallons in any 24 hour period. In the event that during any 24 hour period the total wastewater emitted into Southlake's points of entry exceeds . 10 million gallons, Southlake shall immediately take such measures as are necessary to reduce the flow below said maximum amount. 2 .4 All wastewater emitted into the Colleyville line shall be pre-treated in such a manner and to such an extent as would be necessary if such sewage was introduced into a sanitary 3 sewer line within the City of Colleyville, according to the ordinances of the City of Colleyville existing at the time of this Agreement, together with any subsequent amendments thereto, and any Agreement between Colleyville and the Authority. Fees 3 . 1 The City of Southlake shall pay directly to the Authority all costs related to Southlake's introduction of wastewater into the Colleyville line. Prior to December 31, 1990, Southlake shall pay no fee to the City of Colleyville as a result of its introduction of wastewater into the Colleyville line so long as the amount introduced does not exceed the maximum amount established in paragraph 2. 3 above. 3 .2 In the event the amount of wastewater introduced ( into the Colleyville line exceeds the maximum amount established in paragraph 2 . 3 above, Southlake shall pay to the City of Colleyville, in addition to Southlake's payments to the Authority, an amount equal to twice the amount equal to the Trinity River Authority raw sewage treatment costs per thousand to the Colleyville line, multiplied by the number 1, 000 gallons of wastewater over the aforesaid maximum amount, or any portion thereof introduced into the Colleyville line during the period in question. 3 . 3 . For so long as Colleyville continues to own, operate and maintain the Colleyville line after December 31, 1990, Southlake shall pay to the City of Colleyville, in addition to the amount paid the Authority, and in addition to any amount 4 payable under paragraph 3 .2 above, an amount determined by multiplying the number of 1, 000 gallons of wastewater introduced into the system, or any portion thereof, by an amount equal to the Trinity River Authority raw sewage treatment costs per thousand charged to Colleyville, multiplied by a surcharge. multiplier. The surcharge multiplier for the period beginning January 1, 1991, and ending June 30, 1991, shall be two (2) . For each six month period after June 30, 1991, the multiplier shall be increased by .5 (i.e. , the multiplier for the period beginning July 1, 1991 and ending December 31, 1991, shall be 2 .5, the multiplier for the period beginning January 1, 1992, to June 30, 1992, shall be 3, the multiplier for the period beginning July 1, 1992, and ending December 31, 1992, shall be 3 . 5etc. ) 3 .4 Southlake shall pay all fees to Colleyville which become due under the terms of this Agreement not later than 30 days from the date of their accrual. All payments not made when due shall bear interest at 18% per annum. Deposit 4. 1 Southlake shall pay to the City of Colleyville upon the execution of this Agreement, the sum of $20, 000.00 to be held by Colleyville as a deposit. Colleyville shall hold said deposit during the time Colleyville continues to own, operate and maintain the Colleyville line and may deduct from said deposit any amounts which become due Colleyville from Southlake pursuant to the terms of this Agreement, which are not paid within 30 days of their due date. 5 4. 2 Upon the transfer of the Colleyville line by Colleyville to the Authority, Colleyville shall pay to Southlake the sum of $20, 000. 00 as a return of the deposit, less any amounts deducted by Colleyville pursuant to the terms of this Agreement. Priority of Grant 5. 1 To the extent any provision of this Agreement is in conflict with or is deemed to be in conflict with or in violation of the provisions of the EPA Grant, then the offending provision(s) shall be deemed to be void and unenforceable. This Agreement shall be deemed to be modified to delete said offending provisions, and the Agreement shall continue in force and effect as modified in accordance with the intentions of the parties. 5. 2 Southlake shall not commit or suffer to be committed any act or event which is prohibited by, would constitute a violation of, or a breach of the EPA Grant. Attorney's Fees 6. 1 In the event it is necessary for either party to employ an attorney to enforce the provisions of this Agreement, then the party who is deemed to be in breach of this Agreement shall pay the reasonable attorney's fees incurred by the opposing party. IN WITNESS WHEREOF, this Agreement is executed on the date first above written. ) CITY OF SOUTHLAKE , Mayor Attest: City Secretary CITY OF COLLEYVILLE The Honorable Chris Hawkins, Mayor Attest: City Secretary MEMORANDUMPry January 12 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Variance to Sign Ordinance for Signs at Field #1 at Bicentennial Park On April 4 , 1989 , the Park Board submitted a request to the City Council to allow advertising signs on baseball field #1 . The advertising signs on baseball field #1 violated the existing sign ordinance but the City Council granted a variance to the sign ordinance and allowed the Park Board to sell no more than 40 signs for a trial period to end on December 31 , 1989. The Park Board is requesting that another variance to the sign ordinance be approved and that the only limitations as to the number of signs allowed be limited to the number of signs that can be placed on the outfield fence of Field #1 and Field #3. Please place this request on the agenda for the January 16, 1990 City Council meeting for consideration. 714 MHB/ew • Ilir City Council Minutes April 4 , 1989 page four Agenda Item #6 Park Board Request- continued Mr Goldstein again stated that the only objective on the part of the Park Board is that they raise funds to be put back into the park for all the items that are needed now. This needs to be done now, not in six (6) months. Councilmember Hall stated she would like to give it a try, it is an exception to the ordinance, however, she supports it. Councilmember Wooll referenced the current budget, stating that currently $4, 200 net is being spent on parks this year. Also, $10,000 to maintain the ballfields, according to the budget. Councilmember Evans stated he is opposed as a citizen and as a city council member, he is still opposed. He does, however, appreciate the work that the Park Board is doing. Public Comments: - Jim Martin- Business owner, Jellico Corner, stated, he does not live in Southlake, but he can't advertise any other way, he can advertise this way, he is in favor of the proposal. Motion was made to grant a variance to the sign ordinance for ` _ selling not to exceed, forty (40) signs, to be placed on ballfield #1 (the northwest field) for a trial period to end on December 31 , 1989 . For all other conditions, reference the Park Board' s proposal dated April 4, 1989. Motion: Springer Second: Hall Ayes: Springer, Hall, Muller Nays: Wooll and Evans Approved: 3-2 vote Agenda Item #7 . Ord. No. 334-56 2nd reading Ordinance No. 334-56 , 2nd reading (ZA 89-08) , a request for a Special Exception Use Permit for the addition of two (2) portable buildings to be located at Countryside Bible Church was presented by Karen Gandy of the zoning department. Mr. Jose Steelwell, Deacon with Countryside Bible Church was present and answered questions for the council. There were no comments during the public hearing and Mayor Westerholm read the caption of the ordinance for the audience. Motion was made to approve Ordinance No. 334-56 2nd reading. Motion: Wooll Second: Muller Ayes: Wooll, Muller, Hall, Springer, Evans Nays: None Approved: 5-0 vote j,�� Pr City Council Meeting April 4 , 1989 page three Agenda Item #4 City Manager' s Report continued Hawk also referenced a letter he received from Jeff Fegan, Director of Planning from Dallas-Fort Worth International Airport. Fegan asked that council select a liaison from council, to serve on a committee which will meet on April 19 . Agenda Item #5 , #13. Consent Items Item # 5. Resolution 89-22. Authorizing the Mayor to enter into an agreement with Tarrant County for Rural Fire/Ambulance service. Item #13. Authorizing the City Manager to implement a wage continuation policy for employees injured on the job. Motion was made to approve the consent agenda items. Motion: Wooll Second: Muller Ayes: Wooll, Muller, Evans, Springer and Hall Nays: None Approved: 5-0 vote. Agenda Item #6 . Park Board' s request for Adv. Signs on Field #1 Mayor Westerholm stated this item 'was tabled from the last meeting in order to give the full council a chance to further study the matter. Larry Goldstein, chairman of the Park and Recreation Board of Southlake made a presentation in regards to selling advertising signs to be placed on balloted #1 , in a effort to raise funds that will go back into the park program, for items that are currently needed. He stated this program is for the good of the public and should be separated from the intent of the sign ordinance. Councilmember Wooll stated he is opposed as it is a violation to the existing sign ordinance. Councilmember Springer stated she is torn, as she too has sat in Goldstein' s seat, as a member of the park board. She is concerned about the vandalism issue. Her bottom line is she feels all the profits will be spent in repairing the signs. Mayor Westerholm asked Goldstein if the sign profit is an over-riding problem or is there another over-riding thing? /c-., 3 1 . City of Southlake,Texas MEMORANDUM (J January 12 , 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Calling Public Hearings for Annexation Resolution 90-05, calling two public hearings for the purpose of considering the institution of annexation proceedings to annex two tracts of land, is attached for your information. I have also attached metes and bounds and plats of the two tracts of land being considered. With the approval of this resolution, I will complete the schedule for the annexation process. If you have any questions, please give me a call. SLL/sl f ) i RESOLUTION NO. 90-05 A RESOLUTION CALLING TWO (2) PUBLIC HEARINGS IN ACCORDANCE WITH V.T.A.C. , LOCAL GOVERNMENT CODE, SECTION 43 . 052 , AND SECTION 1 . 03 OF THE HOME RULE CHARTER OF THE CITY OF SOUTHLAKE, TEXAS , FOR THE PURPOSE OF CONSIDERING THE INSTITUTION OF ANNEXATION PROCEEDINGS TO ANNEX ALL THOSE LOTS, TRACTS AND PARCELS OF LAND DESCRIBED IN EXHIBIT "A" TO THIS RESOLUTION; DIRECTING PREPARATION OF A SERVICE PLAN FOR INSPECTION AT THE PUBLIC HEARINGS; PROVIDING FOR PUBLICATION OF NOTICE OF SAID PUBLIC HEARINGS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas (the "City") , has indicated its desire to initiate proceedings for the purpose of considering the annexation into the city of certain lots, tracts, and parcels of land described and shown in Exhibit "A" hereto, which are currently contiguous to the City and are within its extraterritorial jurisdiction; and, WHEREAS, the City is authorized to annex contiguous and adjacent property into the City pursuant to Section 1 . 03 of the Home Rule Charter and V.T.C.A. , Local Government Code, Section 43. 021; and, • WHEREAS, it is the intention of the City Council to proceed with the necessary actions to consider annexing the land set forth in Exhibit "A" , and in connection therewith, to provide that two (2) public hearings be held in accordance with V.T.C.A. , Local Government Code, Section 43 . 052 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: Section 1 . All of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2 . Pursuant to and in accordance with V.T.C.A. , Local Government Code , Section 43 . 052 , and Section 1 . 03 of the Home Rule Charter of the City, two (2) public hearings to consider institution of annexation proceedings to annex those lots , tracts , and parcels of land described in Exhibit "A" hereto are hereby called to be held at the location and at the times as- follows : Resolution 90-05 • page two (a) Public Hearing No. 1 , to be held at the City Hall, 667 North Carroll Avenue, Southlake, Texas , on February 20 , 1990 , at 7 : 30 p.m. ; and, (b) Public Hearing No. 2 , to be held at the City Hall, 667 North Carroll Avenue, Southlake, Texas , on March 6 , 1990 , at 7; 30 p.m. Section 3. All interested persons shall be given the opportunity to be heard at said public hearings which shall be conducted and held not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings. Section 4 . The City Secretary is hereby directed to give notice of the public hearings in the following manner: (a) Notice of said public hearings shall be published in a newspaper having general circulation in the City and in the territories proposed to be annexed, at least once in said newspaper on or after the twentieth (20th) day, but prior to the tenth (10th) day, before the date of each hearing. (b) Additional notice by certified mail shall be given to railroad companies , if any, serving the city and on the Citv' s tax roll where the right-of-way of any such company is located within any of the territories to be annexed. Section 5 . The City Council hereby directs the City Manager, or his designee, to prepare a service plan or plans that provides for the extension of municipal services into the areas to be annexed in accordance with V.T.C.A. , Local Government Code, Section 43 . 056 . Said service plan or plans shall be made available for inspection and explained to the inhabitants of the areas to be annexed at the public hearings . Section 6 . This Resolution shall take effect from and after its passage. PASSED AND APPROVED this the day of , l ' 3 Vary or 5oumiaKe, i exas Resolution 90-05 page three CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southiake, Texas TRACT NO. 1 12/21/89 BEING a tract of land out of the R. D. PRICE SURVEY, ABSTRACT NO. 1207, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at an iron pin, said point being 267.0 feet North of the Northwest corner of the J.W. Chivers Survey; THENCE North along a fence 956.6 feet to a set stone for corner; THENCE S 89°10' W. 1367.8 feet to a pipe for corner; THENCE S 87°58' W. 116.4 feet to an iron pin in the Easterly line of County Road No. 3016; THENCE S 43°40' E. along said Easterly line 117.3 feet to an iron pin at the beginning of a curve to the right; THENCE Southeasterly along said curve 236.6 feet to an iron pin at the end of said curve; THENCE S 35°06' E. continuing along the Easterly line of said County Road 812.0 feet to an iron pin for corner; THENCE N 89°54' E. 788.7 feet to the POINT OF BEGINNING and containing } 24.55 acres of land, more or less. r • 4 V�j `- T41 >>.. . _.; ,c ,.4 .may / 'a P 1.= � "° 3 ma . TR.,IA. R yRi r 'Cr _ 1Z a. 1 S a,NE D uTN/T SPR A-44� -.r f Z — a'a 11 —1— •.w A ',Rice Au A-/2o1 - 1!3 �, 3 t\\eP4 ....A.Q 6 R N ....a I. I 2 ,t 1 F. E � Ta.A61 - -rt. 4C. • 4 14wa 10 . 11 Ta.ae24.\\:\„. 4 I I A4 .. . I S !112At. •_ "TiU1 T4`A Y { 1 L 1 Iaa a•- •d5�a \ a/orC. rY . i1 L • Q SF ,rs - S Tt SA1 Ta 3A 5►e 1 Z•3.•. 4.711•c -Z.1 t••• p... A.s:wc J+Ta 3AtA 4 2►. +'\. (. VTa S �- c,ti 1{JN �1 TA Ta SA46 '+ _ t l re 3AUZ A SSW. `C - --ri tar L41... . 3e1e la 3A4A 14 .lAr•-� A47.a - 1 Ia7 A E Tl SDK_; TA 3eU ,.. 11111 g,256. .474. ti,(// it P 1'2 a 6�D11 �'\ - Tl3E ra PBjCE suR A-YLo1 (�15.. '�r a•r—L/MC JCMIr[RS 71+4•-390 1 � _4•1. 45 rl,cogC• ;� I.1 3 5.),.. L._G R PRICe SUR A1707 ••a ,+ Tit A3A \ `.Al 4_re n I QC. z 4.19 .c . ----� 1 s Pre T ill o Tt we a.0 ^ _ "' -- Z613 . _ . 7 a� T c_ ®— F•e J I '" :w 6 s • ir: -n n T9awz T.3c , t><so s W �, 5 A.c 3\ 14a .y. c' 0 :1` \. :i T4 141 l ' •\' l >• 40r,.a 1. I .•- n r e4-zz.a r , • - . \ • .1 �oQ Tc.e; CCi ,CPAyP 2 .. -- - - TRACT LOCATION MAP -- 14 At __... t, L. 2102-476 • f-,boo' i _ / , __ . . a / _ - •- - -- -- j••-«-�'--+ _ _ f 2i, ti . al ll . + t • l ;< I $ • •' �"\ DE�NTON --♦ - - ----- -------. _--. _ BOUNTY •• i. is.is. ., qr \ A 'el\.. . 'I t . I t Of;t . ... • • •'� A� •. \ PI" tom :P. . .P . . 4. I. . '' ,�'• .�•'�.-...-.... - _- ._ - ` 4 :.er ?SY • -Fr • :,:qps• :95• H. 0.1. 11 \\ v, . 12 N\ i . ar7 cu ` 02la 1.]r fi▪ r. -�- .111 `• } d ' ti V -be -5ffel... !E. .. .. '_ ,N. .�. :c.n... ,; • t_ .I8 ''�c: .�4:'•i•'iJ37iL ._. Alk:T_`t .4 ,H. . &Ds• ..r '1� N.5 tV • I. i 8'.., t. i i° , . •w TING I.5 M.G. kt�. 1 • ►fl0l o ¢ ��,0 ELM. STOR. TANK 1211 " - f�` 11[ . L.1 . •so, _- -• ,- --_--it- --. -• .. .. - - - ._ 12 18.. \ M k tl.,.v.. IN. ....'Sr ,pa _r — .* O•04 I:. _ • 11 raj► 5 • li RR1 E3 `- 20 7o A t J�' 4'° FOP f..ratt�� 811 `'A• L y '.� N; •. 7 q .c:a:. • - 001 • •• It ` j • .. • ...\ l . �•- £ 1 ie 2M P. g J. glt r• . 811 PROPOSED WATER SYSTEM i \ \ . ® 24„ • �� _ 0.38%\ \ . 43 / r-- • ` 0 \ / . / 6' @ . /6,, ® 1) • \ 10 • .. / 0.50°jo 24" 0.36 N.., . \ .. k, O '' ::. ..- ....'4..' ' '',,.' * ..- . \ . . ;a...r' . - . .- V .i. . S t `@4 0.45%, _- 4 = # / 2 21" t rY y 30% ' . • ' - _ �,_\ - , v\k, _ %2„ °®0 c i •^,�- . • ' ' n 4 ... 4�°/ • • • r'r' _.- . • ,r ® v N' _ gv \/ 4. \4'., 12 • .,.,,........ ....... . • / • .... r sr • / 6„ ..., 10 /o \ ,‘ .._. ...,.. . ..\......„.„ . . • +` ..„ /1 4. Ia ... ,\ ••• " 41.". \ Y �iT N ,' �• '+F� VR> ;� -� c_ � Y'L s'(1q 0.60% 1t2@0.66 /0 . r / Il � / 1� pROPCSED SEWER PLAN �� .( . : Y 12" @ 0.33% N • . /J! TRACT NO. 2 12/21/89 BEING a tract of land out of the C.B. McDONALD SURVEY, ABSTRACT NO. 1013 and the P.R. SPLANE SURVEY, ABSTRACT NO. 1453, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at an iron stake in the Northerly Right-of-Way line of the St. Louis - Southern Railway Company, said stake being a Southwest corner of a 5.33 acre tract of land as conveyed to American Petrofina, Inc. by Inez Blevins by deed dated January 15, 1958, and recorded in Volume 3179, Page 593 Deed Records, Tarrant County; THENCE Southwesterly along said right-of-way line to a 3/4 inch iron rod as described in Exhibit 'B' to Annexation Ordinance #139 of the City of Southlake; THENCE North 0 degrees 23 minutes East 170 Varas (471.75 feet) along an east line of said Ordinance #139 to a 3/4" iron rod for a corner; said rod also being a common point in the South Boundary line of Annexation Ordinance #138; THENCE East along said South line of Ordinance #138 a distance of 666.65 feet to the PLACE OF BEGINNING, and containing 3.61 acres of land, more or less. ( ) /er-I I ' . , . ., -cr.:es: -,--- - ,... f f- '4-• -,1--I- -.-'.... """si--,7..:- .;...,:. ....-* nr ory / • ..• "••••Ai-';4. --.' ',*, '., ,,,,. • 0 - , ' •,," .,. ,, ......-. '• -,iii. ,,-0,.... ; '''. , • -1,=,....;ar'''. '',.. ."--, -''•;•:- 0"@ : % I •. ,....f .. .— e.• zr ,71Iyk----:.1 -.."p.:1:.-.•., ..••1 is ....: . -,r:S.;NI - 1: .i.,,.:;.;.., \__:„.... : „."..f..) °•..... ; , : -4.- 1 , . 1.. .... .....• ., 7.7>A060 A • -1 ,• • , •: t 1E:4^. (.. ' ;1. , .'• • ' - .r.ti,i 0 eCat,, 6.6010 .• . ••• ... ..• s.\ ' . ,.., .4. • -, • -, •-...r.i."7**:- ;:t.::-: I••''•,: . .. ., --,.• •tt:t-i.....‘-IT- .'-•:- . • J. -1-- -...4--•'!;-1:1'..-.. - • - • . ,:"..i.. - • 1■11111111111•-;.''•-• ----,,,..72:•1......!.....s.. , MEW .....-4,- -;..-•;r. :. i •-'..'-'-ta 'tt..- --k_...,...,---' - --4, ,ki•-• ...-...`;.... . :r$A 7?, - c . : '- -• ,:•-',. -'7--,.<1.30').• , .. --cr i!.( :.: - .. .':i-,.. . ... -.... --.,..,- •...1 .. ..Fiz... , .. t.. . bk Sri '. .... - -,4'....:i=.3.'4V,:r ..,,d::-.,t•-,''i..,';''.i'-'.ii, •:..--,,A7.:;7::•i. .- -;,:.-:---,, -tii- i _I/O.,' ",.--...--- '‘`ti ,'. N' a @•q,.. -.-7. . •-'. . .,'7:li. .1::91:: :!i;::..i'if:.:::-.:,."..s.::: .:::, 7?!..,',.; ..--, :•:.:."---.. ..4'• ..; ...---'77.,• . :'j:i '0. -, - •--.. \\..._-,:., .... : • . - IL 7:-. 'i: ' . :' '•• ... ;•:', •• ,. . . ; %-....."-. " - -- '4.4-.;;-•:. ••• .:: 1. a 0,000,w ,... .. , ) • A.1: : . i '1 . ` .1.... ,.. ' 4:- .:•E,::,,,,,, %, .. • . .. 1. I '3:. . ....... NI. t. • 6 (- 0.600/0 .. . .. .. . . .. . - - • f-- -,-.....-•• • .,, • x 4-- * •.7:-.3, . • • : ... . . .. . - . . - . =,. . :,,,.. 6 .•.. ,.. , .. ..,... -i-. .-•,, ,-.• .::••• . ii...-,,..,r,,,1 •,. . -:,-:- •,,•-' ... - ..---,,t, --t .•:• .::- - --•.0400'-i .. , :.• • ..........r /.1 .4 • •• •,..••.:.••••,,.. •,.•.,,,,• .•„r• • <• . .......•-°°. . - •711.1"4.1!4• ,;•..,t,..t.-;•.': - - •.;•.-:.. I ..._. ..7. 7...' '',: . . a...lw . .. • ,! :'..1-"-N04,14....-. ::•.:.::; ..- • - , .• 4:,_ , ,fiv cy •• \ / . • .•••:„.:**s. - ... - 0,414 ."•••,, 1 _ . . ... . . sk. • ......... / ; N.v P.• ....A,l i ..e. - ; - : :•' "1 1\\. ...\' .r.jt • . . .....1 • . .. / „:4:::,, .• . , ....* t.. - . 461.@tiscP/0 • ' 4 \ . . ,'.1. k+ .,." ‘1•.•,.. . ... • -A .. :. -r..F. •• :' s 4'.--I ,,.. _ 4 . •• . . ' 7.1;i• : ,..-' , -t .1. / ,4,1«.4.4r : - --.'t'• \ ,,, • • -, 'ft.; i'' ' / • - -. "\!--;.....er @ 11).6°7° '- - -•a' '' ..•:.7 :• -. : '. . . .t..... ... .• :-,. .. '''. ' ••..' .1*....\''''.....'"1.--N 0 60.l'i ' X---..._ ' ... .... ..:" 9‘4°°1° \`'®0.606 to ,0 . .. . .: - ... \ /.. , -• i : L -....., W7'___......, ic -- • ,. / 6 ,,•' 4.•••,, /7 N.-.. -,i. -.., ,:„..., .. --...... . ...• ., .. @ 0.4,0% •. li. ..:41.,. ,c) • . ?‘:...'t 11 '- • . .s .." '''''' '• 4+. '. ' •'.. - ••--f i•- • , - . - , .... . : *i• Jie fr._ .. -5i.;:f -, - •AL* r '" !';'. ' -•.... i . 14............... ). ,,... . • -------:;:" itr. •- . . • 'N\ ........„,-- •••• , . 401.9' •-..- -:7 i •Ilii. V .. Ve .,,,A t'. ' . , . . • - . . . •... . r• .i`K` e. ® • .. •... .. ...,. •- e.f.*7.7'...77 ,--;':•':.:.i•:.:!.:- * /- -. rA Iti::,Nii;,:z:.A.d.:::. -i-:.:..1•:.::? . N •. ' '' ' : - • ..\1Sc'1 ''''•'-‘fliti! ... • 1214.... . ....... ........ .••'..." . :<,''it•,:•:•.::.,.: ., . _• .. 1 . ... re ., ..-• . . •.. /1° ( .. •: -•V.:•:!::::if: .:,... „.•,,,,, _,.,••:. •. •-• • le @ o.32 0/0 . . rib ‘ 7.'..;'::,',.. . . . . • •-.. 91 . . . . .. .. . . . / . ... • 1 12 ..a fzvi.,/ ._........ ... • . . . • . • .„ • • / . 1/ • -‘1••••i:!:•-lvi4 ' . _ .0. . . .. -.• • . •• • • - • . ,..-_. . . ... .• ••••-• .1 'I • .. ... . . .. - . . . . . - • ' ....-, . R pLAN PROPOSED SEW . ..4 -ririp 4r2 121 .................*- 0 a 06 12 P . .---.---\. .- • . • 4'.'- ''..*,.. )4' ' i•.ci• 0 gi s•, t. . '----...._.--------. i 2" o, . . ., . •x-- :12" ____411116k.' - - ‘..• 4s...„....... . •‘2. 70 I. „....... r...... 4timma awnsimirear"..1117 - •r• ‘ sii/SAbr. : .. ........ ......takan. • II....., 0. . t. • 1 . 8 •••• ........ .... i ‘2. \ ei:1 1 I .. AS * *Pio. t • 0' - '' '. 0 •. Za 5) 0 • . , , • •,. .*. - •f' . • • •_..t-•1.4‘.''.2,,.. al-.. ...l.• „. . .. .„. .-,. .0. ) . • 1' •IA.. ;..- 5Z;, I_lF-Kp‘n o0O •.rA.. ff A: -, 6 . . . " . ,.•% W • ,4,444 4 .- S 1... , 4 : 4 4 . . %,_.•'. " . *-.,. .. . 'A.r/-1le ***,- . - ot i. "%'.. •-., . „ I ....,. - r oCI 's ..'• 4 t . - - „ - 16 . : ,..4 4 i;t •'..„. 4ra 4.44°l 4 B 6 Of. . . .4 ...4. ... tli ...,,,.. i v. . - N. • 0 , ', 4 ‘2. t k - .. ,..- 4. -4 .• • .c•14-- • . 4 '. P' r; • • • , ,,..•‘ , .'' .#Or •.• - •-: , ., .. . %4•., ••. 4 , :v.: ,,. ,• ‘. ..4,1‘.. 0 4 - . 4 . .:• .5 -..1.01( 8 0. • 4 ., pOS loft- -.,. V1 , . . ...;'• 4 ___--0_ VICreS.4e-°S\, .-.. 4 .... .4, -.. .„, . % i ...•-01' - , . . .-14..- *. „ % '„ k• 0 -*• . (41-.., P"- .-'.4.14...1,,::, it: Sl. s.0. • e ....... -... / • ......f. -.• ._. ..: .....4i.A. ... . ••. • ... • --0.-- ,... . . . o7,-- - . . ..... c, . • 611.9, .:. ... - : . ,•••.. .• ..•. , .. r )- ... . ......„-----.7 - ..... 0.-... . ...... . . .. ... •,.. ,. •..... 1 .1, ..,. . ,.. ...... _... 1.... . „. . .. / ,• .. , '4..... .•. • \ ', 1 ••' , ' . _ ., • 01 • *:.. * • .'.. . ., .. ., - .%r'• • .. ..• 410.• ._71. .., *k .. le • .—.. . . ' r • -,, . - • ...4 . . it • .. s • . . i . 6 . 4 it . . . . '-• t . 0 4 , - .:,,.. .'. - . ° r :•.' •• .' •-• . : • • .1. . t .. -.0 :- 'A • tf t. t 0,11 I A 91911\1‘ . . 4 Of *1 NI _...,.'07,. ', * 41P1/ ' ar 411" . der. a. . 0 .• 8„ ,,,, . . ' . .4" 0, Se° • ffit' -r,p0 — ....,or • .0. ........ . , N i • 4 0.-...! r• , _ •-„, .It • .. . 4 f ir a i. • ( ' v - 5 •R 7 "® ..E k } U 7L([ r Q�• e •.T,A. 4 y 4 7RI 5 a��® i • y t + �fA. 06. r � O .ic rL 43 rw TRACT 4. t T'LAG r= O0 Afce 1 0 a.:,. i 1 ; 2 3 3 O . IP P (\-- .....2 . �a 6" ,>c us To �L \\s, �rNirlt ISO ,t Y, ■ I +/•iF It y Au AUK t 7tb►er 41 0 •F 1rr IF1•• ,a .Y1A ' 2 7Rf®M t. ,; + + -F- .2 line Tar4Aa.ai - wr su a n• r 74 TR 1/31 AGa i F V. V .0 •,•0 I 9a 181 44a +� I d'. ♦. W .:R r9J8 41 • ,•Ad. .I • TIP '2.1B13 T L: TIP 3A j e 1 MI4 ., nc r TR3A LjV• t b- F '" 2� e 1� Taal a.I rr.e.A, E .dAa. d .•.d l re • re r86A a i111d �• �. 7Z�K 9R ., TR IBBC .A•• G .a As. 1 15' 9. - fR :SRA b 7C frf • �.. .a A.. ''wa f,c '9C ';'.•,8781 ,,t- fa, ire Asa 4� • a4. i"• 17-1 ITC 1. '1Tk.ifIVR u 77744 r. t74F( ) '5;8 4 q 2«K M. .lfj Aa.' 14C • . I MIS r -- 1 ...✓• .- •...0. .._ sara A-.V.i •1C jØVo ••o Oa;-we R.Svuwc csr,n-'.ay>Y IA1 ~ • • Iv A:Adoo,„11, 1::::) 14 a tg 1 J 7 C) TRACT LOCATION. MAP / -/a City of Southlake,Texas aP MEMORANDUM January 12 , 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary - SUBJECT: Bids for Fire Department Equipment Attached you will find a copy of the Advertisement for Bids which appeared in the Fort Worth Star Telegram, for Fire Department Equipment. The bid opening will be held on January 15 , at 10 : 00 a.m. , therefore, we do not have that information for you at this time. To date, I have received two bids. Also, attached is the specifications for the equipment. If you have any questions, please contact Chief Steele or myself. LL/sl ('H City of Southlake,Texas ADVERTISEMENT FOR BIDS THE CITY OF SOUTHLAKE FIRE DEPARTMENT IS REQUESTING BIDS FOR MISCELLANEOUS FIRE EQUIPMENT, INCLUDING: 1,000 feet of 5 inch supply hose 500 feet of 3 inch supply hose 500 feet of 1 3/4 inch attack hose 100 feet of 1 3/4 high rise pack hose 1- 2 1/2 inch X 1 3/4 inch gated wye 4- 2 1/2 inch double female connectors 4- 2 1/2 inch double male connectors 8- 2 1/2 inch 45 degree discharge elbows 2- 2 1/2 inch NST to 5 inch storz 30 degree discharge elbows SPECIFICATIONS MAY BE RECEIVED IN THE OFFICE OF THE CITY SECRETARY, MONDAY THROUGH FRIDAY, 8:00 A.M. TO 5:00 P.M. NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS. SEALED BIDS ARE TO BE PRESENTED TO THE CITY SECRETARY PRIOR TO BID OPENING ON JANUARY 15, 1990 AT 10:00 A.M. ENVELOPES SHALL BE MARKED, " FIRE DEPARTMENT EQUIPMENT BID". CONTRACT TO BE AWARDED ON JANUARY 16, 1990 DURING THE REGULAR CITY COUNCIL MEETING, TO BEGIN AT 7:30 P.M. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. CITY OF SOUTHLAKE SANDRA L. LEGRAND CITY SECRETARY • SPECIFICATIONS FOR 5 INCH SUPPLY HOSE 1000 FEET OF 5 INCH LARGE DIAMETER SUPPLY HOSE. THIS HOSE MAY BE SNAP-TITE DURA-LITE OR ITS EQUIVALENT. HOSE SIZE: 5 INCH HOSE OUTER LAYER : THE OUTER LAYER SHALL BE A RUGGED SYNTHETIC COVER, LIGHTWEIGHT, HIGHLY FLEXIBLE, AND RIBBED FOR ADDED RESISTANCE TO WARE AND ABRASION. HOSE CENTER LAYER: THE CENTER LAYER SHALL BE A POLYESTER FABRIC THAT 1S WOVEN FROM CONTINUOUS POLYESTER FIBER. IT WATER ABSORPTION SHALL NILE, IT SHALL NOT TWIST OR KINK FOR EASY ! HANDLING. HOSE INTER LAYER : THE INTER LAYER SHALL BE NITRILE RUBBER. THE SYNTHETIC NITR1LE RUBBER LINING SHALL BE VULCANIZED DIRECTLY TO THE CENTER FABRIC TO MAKE A DURABLE BOND. IT MUST RESIST AGING, MILDEW, ROT, GASOLINE, CHEMICALS, AND LOW TEMPERATURES. COUPLING TYPE: STORZ CAS COUPLINGS, 5 INCH . SECTION LENGTH: IUU FEET PER SECTION HOSE COLOR : YELLOW / 7- 3 } SPECIFICATION FOR 3 INCH SUPPLY HOSE 500 FEET 3 INCH DOUBLE JACKET SUPPLY HOSE. THIS HOSE MAY BE NATIONAL FIRE HOSE, N-DURA DOUBLE JACKET HOSE OR ITS EQUIVALENT. HOSE SIZE: 3 INCH COUPLING SIZE: 2. 1/2 INCH .NST 'FEMALE SWIVEL 2 1/2 INCH NST MALE COUPLING CONSTRUCTION MATERIAL: PYROLIGHT HOSE COLOR: WHITE SECTION LENGTH : 50 FOOT SECTIONS PRESSURE RATINGS THAT ARE REQUIRED: 1 . ACCEPTANCE TEST PRESSURE - 300 PSI 2. MINIMUM BURST PRESSURE - 600 PSI SPECIFICATION FOR THE 1 3/4 INCH ATTACK HOSE 5UU FEET OF 1 3/4 INCH DOUBLE JACKETED ATTACK HOSE . THIS HOSE MAY BE NATIONAL. FIRE HOSE, N-DURA DOUBLE JACKETED HOSE UK ITS EQUIVALENT. HUSE SIZE: 1 3/4 INCH COUPLING SIZE : 1 1/2 INCH NST FEMALE SWIVEL 1 1/2 INCH NST MALE COUPLING CONSTRUCTION MATERIAL : PYROLIGHT HOSE COLOR : WHITE SECTION LENGTH : 50 FOOT SECTIONS PRESSURE RATINGS THAT ARE REQUIRED: 1. ACCEPTANCE TEST PRESSURE - 300 PSI 2 . MINIMUM BURST PRESSURE - 600 PSI 1 SPECIFICATIONS FOR THE 1 3/4 HIGH RISE PACK HOSE 100 FEET OF 1 3/4 INCH HIGH RISE PACK HOSE. THIS HOSE MAY BE NATIONAL FIRE HOSE, DURA - PAK HOSE OR ITS EQIJI VALENT. HOSE SIZE: 1 3/4 INCH HOSE CONSTRUCTION MATERIAL: 100% SYNTHETIC HYPALON & N-FUSED. COUPLING SIZE: 1 1/2 INCH NST FEMALE SWIVEL 1 1/2 INCH NST MALE COUPLING CONSTRUCTION MATERIAL: PYROLIGHT HOSE SECTION LENGTH: 50 FOOT SECTION HOSE COLOR : ORANGE HOSE WEIGHT PER SECTION : 14 LBS. , 2 OZ. PRESSURE RATINGS THAT ARE REQUIRED: 1. ACCEPTANCE TEST PRESSURE : 300 PSI 2 . MINIMUM BURST PRESSURE : 600 PSI SPECIFICATIONS FOR ASSORTED BRASS ITEMS 8 ANGLE DISCHARGE ELBOWS 45 DEGREES 2 1/2 NST FEMALE SWIVEL TO 2 1/2 NST MALE 45 DEGREE TURN DOWN. (CHROME PLATED) 2 ELBOW ADAPTORS 30 DEGREES 5 INCH STORZ TO 2 1/2 NST FEMALE SWIVEL 30 DEGREE TURN DOWN 4 2 1/2 DOUBLE CONNECTOR (MALE) 2 1/2 NST MALE TO 2 1/2 NST MALE. (CHROME PLATED) 4 2 1/2 DOUBLE CONNECTOR (FEMALE) 2 1/2 NST FEMALE SWIVEL TO 2 1/2 NST SWIVEL. (CHROME PLATED ) 2 1/2 X 1 1/2 GATED LEADER WYE CONSTRUCTION MATERIAL: PYROLIGHT QUARTER `1'URN BALL VALVES . 2 1/2 NST FEMALE SWIVEL INLET 2- 1 1/2 NST MALE DISCHARGES REMOVABLE DISCHARGE ADAPTORS AND ADJUSTABLE SEATS ON THE BALL VALVES . TORK-LOK HANDLES . 1 MEMORANDUM January 12, 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: SANDRA L. LEGRAND, CITY SECRETARY SUBJECT: SCHEDULE FOR COMPLETION OF AIRPORT ORDINANCE According to the Agreement between the City and DFW Airport, the date in which the city is to have completed an airport compatible zoning ordinance is March 14 , 1990 . Based on changes which the City Attorney is making at the direction of the City Council, the ordinance will be advertised for a public hearing and vote at the Planning and Zoning Commission level on February 8 , 1990, during their regular meeting. First reading of the ordinance before City Council will be on February 20 , 1990 , and second reading will be held during the March 6 , City Council meeting. This schedule will allow for the proper time frame for publication in the Fort Worth Star Telegram. (Fifteen days prior to public hearing for P&Z and for 1st reading of the ordinance at City Council, and ten days prior publication before the second reading. ) If you have any questions, please give me a call. a4z1(. 4/ 1i41/L 'SLL/sl AIRPORT COMPATIBLE LAND USE ZONING ORDINANCE NO. y71 AN ORDINANCE REGULATING THE USE OF PROPERTY IN THE VICINITY OF THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BY CREATING APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; PROVIDING FOR THE ADOPTION OF AN AIRPORT DEVELOPMENT ZONE MAP; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF ADJUSTMENT; PROVIDING PENALTIES FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. This ordinance is adopted pursuant to the authority conferred by the Airport Zoning Act, Chapter 241 of the Local Government Code of the State of Texas, as amended. It is hereby found that excessive noise levels generated by Airport operations may disrupt activities and impair the welfare and unrestricted use of land and its occupants within the vicinity of the Dallas/Fort Worth International Airport (the "Airport") ; accordingly it is declared: (1) that the Airport fulfills an essential community purpose; (2) that the encroachment of noise sensitive, vibration sensitive, or otherwise incompatible land uses will destroy or impair the utility of the Airport and the public investment therein; (3) that it is necessary in the interest of the welfare of the general public, and specifically, the citizens of the City of Southlake, that the creation or establishment of incompatible land uses be prevented; (4) that it is necessary in the interest of predictable growth and development of land in the City of Southlake, the long term integrity of Airport usage and operations, and minimizing future conflicts between use and operation of the Airport and development of land in the vicinity of the Airport that the creation or establishment of incompatible land uses be prevented; (5) that the prevention of these land use conflicts should be accomplished to the extent legally possible by the exercise of police power without compensation; and (6) that to accomplish all of the objectives of the City as set forth in the above stated findings and declarations, it is necessary to define the boundaries of the Airport Overlay Zone (in which Airport compatible land use zoning regulations are applicable) to minimize, to the maximum extent possible, the future potential for public concern caused by noise from the use and operation of the Airport. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "Airport Compatible Land Use Zoning Ordinance. " SECTION 2 DEFINITIONS As used in this ordinance, unless the context otherwise requires: (1) "Airport" means Dallas/Fort Worth International Airport. (2) "Compatible Land Use" means the use of land within the vicinity of an airport which does not endanger the health, safety or welfare of users of the land because of levels of noise or vibrations created by the operations of the airport, including the taking off and landing of aircraft. (3) "Ldn" (Yearly Day-Night Average Sound Level) means the 24 hour average sound level in decibels, for the period from midnight to midnight, obtained after the addition of ten decibels to sound levels for the periods between midnight and 7: 00 a.m. , and between 10: 00 p.m. and midnight, local time as averaged over a span of one year. A mathematical definition of Ldn can be found in F.A.A. regulation Part 150, §A150. 201. —2- - (4) "Nonconforming Use" means any pre-existing structure, object of natural growth or use of land which is inconsistent with the provisions of this ordinance or any amendment thereto. (5) "Person" means an individual, firm, partnership, corporation , company, association, joint stock association or body politic and includes a trustee, receiver, assignee, administrator, executor, guardian or other representative. (6) "Runway" means a defined area on the Airport prepared for landing and take-off of aircraft along its length; and specifically means Runway ONE THREE RIGHT/THREE ONE LEFT (13R/31L) at Dallas/Fort Worth International Airport. (7) "Structure" means an object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines. (8) "Tree" means any object of natural growth. SECTION 3 BOARD OF ADJUSTMENT (1) There is hereby created a Board of Adjustment to have and exercise the following powers: A. To hear and decide appeals from any order, requirement, decision or determination made by the Administrative Official in the enforcement of this ordinance; B. To hear and decide special exceptions to the terms of this ordinance upon which such Board of Adjustment under this ordinance may be required to pass; and C. To hear and decide specific variances. (2) The Board of Adjustment of the City of Southlake is hereby designated to serve as the Airport Zoning Board of Adjustment. (3) The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this ordinance. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such times as the Board of Adjustment may determine. The Chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Board of Adjustment and shall be a public record. (4) The Board of Adjustment shall make written findings of fact and conclusions of law stating the facts upon which it relied when making its legal conclusions in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this ordinance. (5) The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Administrative Official or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in this ordinance. SECTION 4 ENFORCEMENT I4 shall be the duty of the Administrative Official of the City of Southlake to administer and enforce the regulations prescribed herein. Applications for permits shall be made to the Administrative Official upon a form published for that purpose. Applications required by this ordinance to be submitted to the Administrative Official shall be promptly considered and granted or denied. Applications for variance shall be made to the Board of Adjustment by first filing said application for variance with the Administrative Official, who shall forthwith transmit said application to the Board of Adjustment for determination. SECTION 5 AIRPORT OVERLAY ZONE (1) Establishment of Zone For the purpose of regulating the development of noise. sensitive land uses so as to promote compatibility between the Airport and the surrounding land uses, to protect the Airport from incompatible encroachment, and to promote the - good health, safety and general welfare of the citizens of the City of Southlake, and property users therein, there is hereby established within the City of Southlake a compatible land use overlay zone to be known as the Airport Overlay Zone. (2) Boundaries of the Zone The Airport Overlay Zone shall generally correspond to that area contained within the 65 Ldn noise contour plotted at the north end of Runway 13 Right - 31 Left. These noise contours are plotted in increments of five (5) Ldn on the Airport Overlay Zone Map attached hereto as Exhibit "A" and said noise contours hereby establish the boundaries of the Airport Overlay Zone. (3) Permitted Uses All uses permitted by the City's Zoning Ordinance within the boundaries of the City of Southlake shall be allowed except where there is a conflict between the Airport Overlay Zone and the existing zoning ordinance. When such a conflict exists, the Airport Overlay Zone governs. (4) Restricted Uses Regardless of the underlying zoning under the City's Zoning Ordinance, those uses listed in Table A, Incompatible Land Uses, shall be prohibited in the Airport Overlay Zone except under the Guildeines set forth in Table A. SECTION 6 NONCONFORMING USES (1) Regulations Not Retroactive The regulations prescribed by this ordinance shall not be construed to require the removal or other change or alteration of any structure not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction, alteration or use of which was begun prior to the effective date of this ordinance, and is diligently prosecuted. No new construction, alteration or enlargement of any structure or use shall take place except in conformance with this ordinance. (2) Destruction of Nonconforming Use Whenever the Administrative Official determines that a nonconforming structure has been destroyed, torn down, physically deteriorated or decayed by more than fifty percent (50%) of the replacement cost, such structure or use may not be rebuilt or recommenced, except in accordance with the regulations of this Ordinance. Notwithstanding anything contained herein to the contrary, any one or two family dwelling existing at the effective date of this ordinance, which is wholly or partially destroyed by fire, tornado, plane crash or other causes, may be reconstructed provided such dwelling is permitted by and meets the regulations contained in the applicable zoning district in the City's Comprehensive Zoning Ordinance. SECTION 7 APPEALS (1) Any person aggrieved, or any taxpayer affected, by any decision of the Administrative Official made in the administration of this ordinance, may appeal to the Board of Adjustment. (2) All appeals hereunder must be taken within a reasonable time, not to exceed sixty (60) days, as provided by the rules of the Board of Adjustment by filing with the Administrative Official a notice of appeal specifying the ground thereof. The Administrative Official shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. (3) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrative Official certifies to the Board of Adjustment, after the notice of , appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the opinion of the Administrative Official, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by the Board of Adjustment on notice to the Administrative Official and on due cause shown. (4) The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonablE time. (5) The Board of Adjustment, in conformity with the provision: of this ordinance, may reverse or affirm, in whole or part , or modify the order, requirement, decision o determination appealed from and may make such order 7F-- 7 requirement, decision or determination as may be appropriate under the circumstances. SECTION 8 JUDICIAL REVIEW Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment may appeal to a court of competent jurisdiction, as provided by the Airport Zoning Act, Section 241. 041 of the Local Government Code of the State of Texas, as amended. SECTION 9 ENFORCEMENT AND REMEDIES The City may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this ordinance or of any order or ruling made in connection with its administration or enforcement, including but not limited to an action for injunctive relief as provided by the Airport Zoning Act, Section 241.044 of the Local Government Code of the State of Texas, as amended. SECTION 10 PENALTIES Each violation of this ordinance or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and, upon conviction, shall be punishable by a fine of not more than Two Thousand Dollars ($2,000. 00) . Each day a violation continues to exist shall constitute a separate offense. 4—ff SECTION 11 CONFLICTING REGULATIONS Where there exists a conflict between the regulations prescribed in this ordinance and any other regulations applicable to the same area with respect to the use of land, this ordinance shall govern and prevail. SECTION 12 SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, 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 13 SAVINGS All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any other ordinances affecting zoning, land use and height regulations 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 14 PUBLICATION IN PAMPHLET FORM The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 15 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 16 EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 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: c:\slake\airport.ord -- a-ft KEY TO TABLE Y Yes. Land use and related structures compatible without restrictions. N No. Land use and related structures not compatible and should be restricted. NLR Noise Level Reduction (outdoor to indoor) to be achieved through incorporation of noise attenuation into the design and construction of the structure. 25 or 30 Land use and related structures generally compatible; measures to achieve NLR of 25 or 30 must be incorporated into design and construction of structure. 1 Where the community determines that residential uses should be allowed, measures to achieve outdoor to indoor NLR of at least 25 dB and 30 dE shall be incorporated into building codes and be considered in individual approvals . Normal single family construction can be expected to provide an NLR of 20 dB, thus, the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation and closed windows year round. However, the use of NLR criteria will not eliminate outdoor noise problems. 2 Measures to achieve NLR of 25 must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas, or where the normally expected noise level is low. 3 Measures to achieve NLR of 30 must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas, or where the normally expected noise level is low. 4 Land use compatible provided special sound reinforcement systems are installed. 5 Residential buildings require an NLR of 25. 6 Residential buildings require an NLR of 30. 7 Residential buildings not permitted. SOURCE: Adopted from Noise Control and Compatibility Planning for Airports, U . S. Department of Transportation, Federal Aviation Administration, Washington, D.C. , AC No. 150-5020-01 . AGREEMENT I. Preamble - This Agreement is made effective March _, 1988, by and between the City of Southlake ("Southlake") , the Federal Aviation Administration ("FAA") , the Dallas/Fort Worth International Airport Board ("DFW") , American Airlines, Inc. ("American") ; and Delta Airlines, Inc. ("Delta") , (who will be collectively referred to herein as "the parties") , being all of the parties to City of Southlake v. Federal Aviation Administration, et al. , 5th Circuit Nos. 87-1023 and 87-4056 ; and Northern District of Texas Civil Action No. CA3-86-2908-R. No person, entity, association, organization, corporation, or municipality, not a party to this Agreement, shall obtain any rights by this Agreement. Whereas Southlake desires to enter into this Agreement on its own behalf and on behalf of its citizens, subdivisions, agencies, departments, representatives, employees, affiliates, and other persons or entities under its jurisdiction or control; Whereas the parties desire that this Agreement apply to and affect only the geographical boundaries of the incorporated city of Southlake as the same are defined on the date of this agreement (hereinafter the "city limits of Southlake") ; Whereas, in order to avoid the inconvenience and expense of further litigation, the parties desire to make a comprehensive settlement of all issues in controversy in these matters; Now, therefore, for and in consideration of the mutual promises made herein, the parties agree as follows: II. • Definitions 1. "1974 FEIS" means the Final Environmental Impact Statement prepared for the Dallas/Fort Worth Regional Airport and approved in May 1974. 2 . "Noise sensitive area" means any property within Southlake that was zoned to permit residential use on November 20, 1986. 3 . The "Zone B contour" is shown on the noise map contained in the 1974 FEIS at page 16. In accordance with FAA Advisory Circular 150/5050. 6, "Airport Land Use Compatibility Planning" at page 12 (12/30/77) , the Zone B contour is deemed equivalent to a 65 Ldn contour. - 2 - 4 . The "Zone C contour" is shown on the noise map contained in the 1974 FEIS at page 16. In accordance with FAA Advisory Circular 150/5050. 6, "Airport Land Use Compatibility Planning" at page 12 (12/30/77) , the Zone C contour is deemed equivalent to a 75 Ldn contour. 5. A "triggering event" in noise levels will occur if any of the noise contours that result from the study described in ¶7 demonstrate that: (A) there is (17 (A) ) , or will be (¶7 (B) ) , a protrusion of the 65 Ldn contour beyond the geographical boundaries of the Zone B contour, which protrusion occurs over a noise sensitive area within the city limits of Southlake; or (B) there is (17 (A) ) , or will be (7 (B) ) , a protrusion of the 75 Ldn contour beyond the geographical boundaries of the Zone C contour, which protrusion occurs over a noise sensitive area within the city limits of Southlake. 6. "Mitigation" means the elimination of a protrusion found to exist under ¶5 (A) or ¶5 (B) , through methods that may include, but are not limited to, acquisition of affected property, alteration of flight profiles, flight procedures, or runway use. III. Terms and Conditions 7. FAA and DFW will perform, or cause to be performed, a limited study (hereafter, the "study") to model current and future noise levels within the city limits of Southlake associated with the use of Runway 13R/31L, as follows: (A) Current conditions: The study will consider the noise effects of current use of Runway 13R/31L on Southlake; and (B) Future conditions: The study will consider the noise effects of projected fleet mix and use of the runway on Southlake for the years 1992 , 1997, and 2007 . Usage and fleet mix projections for these years will be • made by the FAA and DFW, based on their best projections. - 3 - 8 . The study will commence within 60 days of the execution of this Agreement. The study will be performed by DFW, FAA, and their consultants, Landrum and Brown. In addition, the parties • understand that the portion of the study concerning current conditions (17 (A) ) will be prepared by Harris, Miller, Miller, et al. , but will be reviewed by Landrum and Brown. Southlake agrees that Landrum and Brown is qualified to perform the study and further that the methodology customarily used by Landrum and Brown is the standard methodology in the industry. Should Landrum and Brown become unavailable to perform or complete the study, selection of a replacement will be in the sole discretion of DFW and FAA. DFW and FAA will, however, confer with the other parties before selecting a replacement for Landrum and Brown. 9. During the performance of the study, representatives of the consultant will meet periodically with representatives of the parties. The first meeting will be held within 30 days of the commencement of the study, for the purpose of describing the specific application of the methodology of the study. Thereafter, meetings shall be held approximately every 45 days, or less frequently as deemed appropriate by mutual agreement of the parties, for the purpose of describing the progress of the study. 10. During the performance of the study, copies of raw data and other information provided by FAA and DFW to the consultants for the purpose of the study will be made available to the other parties. In addition, any data collected in the course of the study for the purpose of monitoring noise levels associated with use of Runway 13R/31L will be made available to the parties. By each scheduled meeting pursuant to 19, the FAA and DFW shall provide to the other parties any new data or other information called for in this paragraph. The FAA and DFW shall be deemed to be in compliance with the provisions of this paragraph unless both shall fail, within 10 days of the receipt of a written request from Southlake for specific data, either to provide such data or to explain why the data is unavailable. 11. If the "current conditions" portion of the study (as defined in 17 (A) ) demonstrates that there has been a triggering event (as defined in 15) , DFW/FAA may employ mitigation (as defined in 16) . If DFW/FAA choose not to employ mitigation, or if mitigation is not feasible or effective, the FAA and DFW will perform a Supplementary Environmental Impact Statement considering the positive and negative noise impacts within the city limits of Southlake. - 4 - 12'. If the °future conditions" portion of the study (as defined in ¶7 (B) ) demonstrates that there is expected to be a triggering event (as defined in ¶5) in 1992 , 1997, or 2007, DFW/FAA will: (A) identify mitigation measures that would, if employed at the relevant time (i.e. , 1992 , 1997 or 2007) , be expected to eliminate the anticipated protrusion at the relevant time; or (B) perform a Supplementary Environmental Impact Statement considering the positive and negative noise impacts within the city limits of Southlake. 13 . If the "future conditions" portion of the study (as defined in ¶7 (B) ) demonstrates that there is expected to be a triggering event (as defined in ¶5) in 1992, 1997 , or 2007 and if DFW/FAA choose to propose mitigation measures in accordance with ¶12 (A) , it is the intent of the parties to implement those mitigation measures, or others determined by DFW/FAA to be equally effective, at the time triggering event noise levels occur, except as otherwise provided in this paragraph. Subject to the provisions below, DFW/FAA will implement those mitigation measures, or others determined by DFW/FAA to be equally effective, at the time the triggering event noise levels are predicted to occur by the study performed pursuant to ¶7 (B) . However, if DFW/FAA determine that unforseen circumstances (including, but not limited to, changes in technology, methodology, or industry conditions) make mitigation infeasible or undesirable, DFW/FAA may elect instead to perform a Supplementary Environmental Impact Statement considering the positive and negative noise impacts within the city limits of Southlake. In addition, if it appears, in DFW/FAA's judgment, that triggering event noise levels will not occur or are developing either sooner or later than the date anticipated by the study performed pursuant to ¶7 (B) , DFW/FAA may conduct a reevaluation to determine when (or if) the triggering event noise levels will occur. If the reevaluation demonstrates that triggering event noise levels will not occur or will occur at a time different from that predicted by the study, DFW/FAA's obligations under this paragraph will arise at the time (if any) indicated by the reevaluation. The parties agree that nothing in the foregoing obligates DFW/FAA to undertake continuous or periodic noise monitoring or evaluation. 14. At the conclusion of the study, there will be a public presentation and discussion of the study's results. J - 5 - 15. The study shall be completed within two years from the date of this agreement, unless the parties agree to extend the completion date. After the conclusion of the study, the FAA will produce a final decision. Pending completion of the study and final decision of the FAA, Southlake will not seek, or assist anyone in seeking, any restriction on the use of Runway 13R/31L. This restriction on Southlake shall not be interpreted to prohibit Southlake from participating in any way it sees fit in public hearings on the DFW International Airport Master Plan or from submitting comments concerning the Master Plan. 16. Southlake recognizes and expressly acknowledges that noise levels anywhere within the Zone C contour may exceed 75 Ldn at any time and that noise levels anywhere within the Zone B contour may reach 75 Ldn at any time without triggering any obligations under this Agreement on the part of FAA or DFW. 17. In consideration for the actions to be undertaken by DFW/FAA under this Agreement, the City of Southlake shall, within six (6) months of the date of this agreement, begin the process of adopting comprehensive zoning, and intends within two years, to have in effect comprehensive zoning designed to prevent noise incompatible development (as designated in 14 C.F.R. 150, Appendix A, Table 1) within the Zone B and Zone C contours. The City's failure to either initiate the process within six months or implement comprehensive zoning within two years absolves DFW/FAA from further obligations under this Agreement. 18. Southlake will, contemporaneously with execution of this Agreement, move to dismiss with prejudice all legal actions currently pending against DFW and FAA, including City of Southlake v. FAA, et al. , 5th Cir. Nos. 87-1023 and 87-4056. 19. It is understood and agreed by the parties that the decisions by DFW and FAA to undertake this Agreement do not in any way constitute an admission with regard to the legal sufficiency of the FAA's compliance with the National Environmental Policy Act, 42 U.S.C. 4332 et seq. , to date, or any other controverted matter. Rather, it is understood and agreed by the parties hereto that this Agreement has been reached to avoid the inconvenience, trouble, and expense of further litigation. It is further agreed that no party will take any action inconsistent with the terms of this Agreement. 20. Each of the parties to the district court (Northern District of Texas Case No. CA3-86-2908-R) and court of appeals litigation (Fifth Circuit Case Nos. 87-1023 and 87-4056) shall bear its own costs incurred therein, including attorneys' fees. - 6 - For Plaintiff: For Defendants: CITY OF SOUTHLAKE DEPARTMENT OF JUSTICE for the FEDERAL AVIATION ADMINISTRATION: Johnny H. Westerholm Peter R. Steenland, Jr/ Mayor Land and Natural Resources Division DALLAS/FORT WORTH INTERNATIONAL AIRPORT: Oris W. Dunham, Jr. Executive Director FOR DEFENDANT- • INTERVENORS: JACKSON, WALKER, WINSTEAD, CANTWELL & MILLER for AMERICAN AIRLINES, INC. : Mary Emma Karam DELTA AIRLINES, INC. : Rex A. McClelland Senior Vice President - Operations FIELDING, BARRETT, HUNTER & TAYLOR CARVAN E.ADKINS ATTORNEYS DANIEL R.BARRETT* 300 WESTERN NATIONAL BUILDING ELIZABETH ELAM 8851 HIGHWAY 80 WEST ^•9ID FIELDING FORT WORTH,TEXAS 76116-1969 iLENN GIDEL _.CRAIG HARRIGER DWAYNE D.HITT TELEPHONE No.(817)560-0303 MICHAEL B.HUNTER FAX(817)560-3953 SUSAN E.HUTCHISON SUSAN S.JONES WAYNE K.OLSON TIM G.SRALLA r. E.ALLEN TAYLOR,JR. *BOARD CERTIFIED PERSONAL INJURY TRIAL LAW �/ TEXAS BOARD OF LEGAL SPECIALIZATION t OP COUNSEL December 5, 1989 C n SENATOR HUGH Q.FARMER C oF ;� /��® / F T7,n 1 cF iv . Pam Muller Ci of Southlake 667 rth Carroll Avenue Southla e, Texas 76092 Re: Airport Zoning Ordinance Dear Councilperson Muller: Your letter dated November 17, 1989 regarding the Airport Zoning Ordinance has been referred to me for response. I feel that you have raised some legitimate issues regarding the advisability of the City adopting an Airport Zoning Ordinance which is linked to 1974 noise contours which may no longer be realistic. You stated in your letter that you think the Airport will seek to maintain linkage to the original contours since that will provide the airport with the greatest degree of protection from incompatible development. I have spoken over the last few days to Mr. Dana Ryan, a Senior Planner for D/FW Airport, and Mr. Gary Keane, General Counsel for the Airport, regarding this matter. I proposed to these gentlemen that some kind of interim amendment or agreement be made between the parties to the Settlement Agreement which would allow Southlake to postpone adoption of its Compatible Use Zoning Ordinance or allow us to adopt the more recent noise contours. Mr. Ryan stated that he would present our request to the appropriate Airport officials. As a matter of fact, the Airport Planning Staff apparently was already considering this option because of the delay in obtaining approval of the more recent noise contours. Mr. Ryan stated that he thought our request was very reasonable in light of the fact that the new noise contours would not be officially adopted or approved by the FAA until September 1990 or later. Gary Keane stated that in his opinion if the Planning Staff had no problems with our proposed amendmnet, that he probably would not be concerned about it. However, he did state that he felt the FAA and American Airlines would prefer to maintain the original Ms. Pam Muller December 5, 1989 Page 2 1974 noise contours. Mr. Keane is going to follow-up on letters that he sent to the FAA and American Airlines a couple of weeks ago to determine whether or not they will have any opposition to such an approach. If the City is required to adopt the 1974 noise contours based upon the Settlement Agreement, the justification for the adoption of those contours would be that they are the only officially approved contours which are in existence for Southlake. All the other noise contours which have been developed are preliminary only and are not official, and until they are approved by FAA and the EPA, they are not to be considered final. The City arguably would be justified in adopting the 1974 contours on this basis. You also asked whether the City would violate its agreement if it zones these lands according to conventional standards and does not impose any airport related standards, since the 65 Ldn threshold has not been reached. It is my opinion that the City would indeed violate the agreement under that scenario. Under the terms of the Settlement Agreement, that would automatically absolve the FAA and D/FW Airport from performing the required noise studies for the years 1992 , 1997 and 2007. I hope to receive more specific information from D/FW Airport within the next couple of weeks and as soon as I do, I will communicate it to you. In the meantime if you have any questions regarding this matter, please let me know. Very truly yours, 641,- v Wayne K. Olson WKO/kt c:\slake trwko.80 cc: . Curtis Hawk MIEMORANDUM November 17 , 1989 FROM: Pamela Muller TO: City Attorney SUBJ : Airport zoning ordinance 1 . The question of whether the proposed airport zoning ordinance should be linked to the original DFW noise contours or the most recent noise contour projections has been raised. I think the airport will seek to maintain linkage to the original contours since that will provide the airport with the greatest degree of protection from incompatible development . 2. Recently another question has arisen in my mind, and I would like your comments upon it . Since our proposed Airport Compatible Zoning Ordinance is based upon the Texas Airport Zoning Act , which permits cities to zone according to the noise zone in which land is located , is not the City limited in its application of any higher standards or restrictions upon land use contained in the ordinance to those lands which are actually affected , or about to be affected by specific levels of noise? 3 . Here it is more specifically : The original DFW contours were quite large . Our agreement with DFW says we will zone for compatible development with the airport in the city, and the airport will never enlarge those original contours . Now the airport has made recent and more accurate projections of the noise levels in the City. These contours are significantly smaller than the original contours . The airport has kept its part of the agreement , so far . But if the City limits development in the areas originally within the old contours , but now outside the updated contour projections , is the City exceeding the extra zoning authority granted by the legislature in the Airport Zoning Act? 4 . Obviously the City can zone these areas according to conventional zoning standards , but can it zone them according to "airport zoning" standards , since these areas are not within any projected 65 Ldn contour? 5. Will the city violate its agreement if it zones these lands according to conventional standards , and does not impose any airport related standards , since the 65 Ldn threshold has not been reached? Or, MUST we zone them according to the more restrictive standards established by the airport ordinance , and as if they were in the Ldn region specified by the original contours? 6 . And if this violates the agreement , can the city even do it legally, under the guise of "airport zoning" ? If not , must we impose the arbitrarily higher restrictions simply to respect the City of Southlake,Texas MNPUM January 12 , 1990 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: Curtis E. Hawk, City Manager SUBJECT: Procedural Rules of Capital Improvements Advisory Committee Last Council Meeting, January 2 , you appointed a Capital Improvements Advisory Committee to comply with the provisions of Chapter 395 of the Local Government Code (the SB336 Impact Fee Legislation) , in order for the City of Southlake to adopt an order, ordinance, or resolution for financing capital improvements. Section 395 . 058 (e) of the Code requires you to adopt procedural rules for the advisory committee to follow in carrying out its duties. Attached is a proposed set of procedural rules. The Code does not specify the extent of the rules, only that you adopt them. The procedures presented for your consideration are intentionally broad. ) Note that the last item on the proposed rules deals with legal questions. The intent here is to have the Committee direct most of the questions concerning it' s duties to City Staff rather than the attorney, since for most questions that arise , the staff, through experience and training, either has the knowledge of the issues or has reference material to properly prepare a response. However, the item provides an avenue to present a formal request if the Committee isn' t satisfied with the staff response , or if the staff does not believe it can adequately address the question. C This last provision of the Capital Improvements Advisory Committee' s Procedural Rules might be something you would want to consider adopting for other boards , commissions, and advisory committees. I believe that for most part City Staff will either know, or be able to obtain, answers to questions from boards and committee members. However, from time-to-time members of your advisory boards, etc. , have questions that might require a legal opinion, while only our attorneys can legally give . Although this obviously will be an added expense, it is nonetheless a cost of conducting the city' s business. / City Southlake,Texas Memorandum to City Council January 12, 1990 page two Concerning the attached Procedural Rules, feel free to add any revisions you believe should be added. To approve the rules, a minute order adopting the rules and directing the Mayor to sign the document is necessary. The agenda item is worded to enable you to adopt a procedural rule for all of your advisory boards and commissions concerning the use of attorneys, should you desire. CEH/sl (q- R PROCEDURAL RULES FOR THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE Whereas, the City Council of the City of Southlake has appointed a Capital Improvements Advisory Committee in compliance with Chapter 395 of the Local Government Code, concerning the adoption of impact fees; and Whereas, Chapter 395 requires the City Council to adopt procedural rules for the Advisory Committee to follow in carrying out its duties, now, therefore, the following Procedural Rules are adopted: 1. The Committee shall be directed by a Chairperson selected from the membership of the Committee by the majority vote of the Committee members present; 2. The Chairperson shall guide the Committee activities and conduct other such activities as commonly proscribed in Robert' s Rules of Order; 3. The Committee shall meet at sufficiently frequent intervals to accomplish the functions outlined in Chapter 395; 4. The Committee shall develop recommendations for referral to the City Council by a majority vote of these Committee Members present for voting; ,t—, 5- The City Council and City staff shall make available to the ' Committee any professional reports prepared in the development or implementation of land use plans, Capital improvement plans, or other plans and reports relevant to the development of impact fees under the provisions of Chapter 395; 6. The members of the Committee shall present questions concerning the provisions of Chapter 395 to the City staff, providing, however, that legal questions directed to the City attorney shall be in the form of a formal written request from the entire Committee. PASSED AND APPROVED: , 1990 Gary Fickes Mayor ATTEST: Sandra L. LeGrand City Secretary 79- 3 City of Southlake,Texas MEMORANDUM January 12 , 1990 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: Curtis E. Hawk, City Manager SUBJECT: Refund Issues on Water Revenue Bonds. During this item W. Boyd London, Jr. with First Southwest Company, our financial advisor, will discuss for your information the steps to go through and the advantages of (refinancing) refunding our water revenue bonds. We should be able to recapture approximately 3 in our tax rate for new debt if you should decide after hearing Boyd' s presentation that refunding would be an advantage to us. K71)CEH/s f � o?d--( City of Southlake,Texas MEMORANDUM January 12 , 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution 90-02, Appointments To Parks Commission. Attached you will find Resolution 90-02 , Appointments to the Parks and Recreation Board. Currently there are four (4) open places on the board, as the terms expire in January, 1990 . Also, Sue McNutt has resigned her position, leaving an unexpired term, which will expire in January 1991. I am in the process of confirming that the applicants I now have are still wanting to serve in this capacity. I will be able to report to you on Tuesday. Also, I have a call in to each of the four members whose terms have expired, to ascertain if they are interested in serving another term. As of this time, I have replies from Randy Robertson and Janet Murphy, and they are both interested, and wish to be jconsidered. If you have any questions, please give me a call. SLL/sl ��1 City of Southlake,Texas RESOLUTION NO. 90-02 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTMENT of MEMBERS TO THE SOUTHLAKE PARKS AND RECREATION BOARD. PROVIDING AN EFFECTIVE DATE. WHEREAS, a Parks and Recreation Board was created for the purpose of Planning and Developing Parks and Park sites within the City of Southlake, for the use, and benefit of its citizens; and, WHEREAS, the Parks and Recreation Board shall consist of nine (9) members, to serve three (3) year, staggered terms; and, WHEREAS, currently there are four (4) terms that have expired and one unexpired term that needs to be filled; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That all the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2 . That the City Council hereby appointed the following member to the Board to serve the unexpired term of Sue McNutt, who has resigned her position. The term is to expire in January 1991 . 1 . Section 3 . That the City Council hereby appointed the following members to the Board to fill the expired terms of Terry Mitchell, Randy Robertson, Janet Murphy and Richard Lantz . The term is to expire in January 1993 . 1 . 2 . 3 . Section 4 . That the appointments are to be effective on the day of approval of this resolution. PASSED AND APPROVED this the day of , City of South lake,Texas Resolution 90-02 page two • CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas • 3 - -, --MEMORANDUM ', ) January 12, 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Appointments to Southlake .Economic Development Council Appointments are in order for the 1990 term on the Southlake Economic Development Council. I have attached Resolution 90-03, to be completed by the Council. Also, the original appointments were made under Resolution 87-82, naming Phillip Bressinck and Virginia Clow. Michael Thompson was appointed in August, .1989, to fill the term of Patricia Broeker. I have attached the applicantions I have on file. If you have any questions, please do not hesitate to contact me. SLL/sl City of Southlake,Texas i RESOLUTION NO. 90-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING THREE (3) PERSONS TO REPRESENT THE CITIZENS, AND ONE (1) CITY COUNCIL MEMBER TO THE SOUTHLAKE ECONOMIC DEVELOPMENT COUNCIL. PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, entered into an agreement with the Southlake Economic Development Council, which is a nonprofit corporation, established under the laws of the State of Texas for the purpose of promoting business in the City of Southlake; and, WHEREAS, part of the membership for the Southlake Economic Development Council is to be appointed by the City Council; and, WHEREAS, the City Council is to select one (1) representative from City Council and three (3) members from the community, to serve on the commission; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . The three (3) members who currently serve on the council include: Phillip Bressinck, Virginia Clow and Michael Thompson. They were appointed on the SEDC for the 1989 term. Section 2 . The City Council selected Rick Wilhelm to serve on the SEDC, as a representative from the City Council. Section 3. The City Council of the City of Southlake, hereby selects the following persons to represent the citizens of Southlake, replacing the members noted in Section 1 of this Resolution. 1. 2. 3. Section 4 . That this resolution shall become effective upon approval by City Council. PASSED AND APPROVED this the day of , CITY OF SOUTHLAKE, TEXAS By: Mayor Gary Fickes Resolution 90-03 Page two ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas • (Th - RESOLUTION NO. 87-82 WHEREAS, the City Council of the City of Southlake , Texas , entered into an agreement with the Economic Development Council , which is a non- profit corporation established under the laws of the State o.f Texas for the purpose of promoting business in the City of Southlake , Texas ; and, WHEREAS, part of the membership for the Economic Development Council is to be appointed by the City Council ; and, WHEREAS, City Council is to select one (1) representative from City Council and three (3) members from the community, to serve on the commission; now, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE , TEXAS, THAT: The City Council , at the Regular City Council meeting held on November 17 ,1987 , selected Betty Springer to serve on the Economic Development Council , as a representative from the City Council . The City Council of the City of Southlake , Texas , selected the following persons , selected to represent the citizens of Southlake . 1 . Phillip Bressinck 2. Virginia Clow 3 . Barry Emers = •, m PASSED AND APPROVED THIS THE 17 lrjUraAIALe b. trAir: 41 Az • Jo} nn H. Wester olm Mal or of Southlake ATTEST : Sa dra L. eGran. City Secretary