1990-02-06 CC Packet City of Southlake,Texas
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CITY OF SOUTHLAKE, TEXAS
REGULAR CITY COUNCIL MEETING FEBRUARY 6 , 1990
LOCATION: 667 North Carroll Avenue, Southlake, Texas
City Council Chambers of City Hall
WORK SESSION: 6 : 30 P.M.
1 . Discussion: All items on tonight' s meeting agenda.
REGULAR SESSION: 7 : 30 P.M.
Call to order. Invocation.
Approval of the Minutes of the January 16 , 1990 , Regular City
Council Meeting.
,54'V ayor' 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 90-08 . Authorizing the Mayor to enter
into a Contract with the Tarrant County District
Attorney' s Office in regards to Forfeitures and
Seizures.
6. on' ider: Resolution 90-09. In support of Toyoma, Japan as a
Sister City.
7. Consider: Resolution 90-05 . Calling two public hearings in
regards to initiating annexation on certain
properties within the exterritorial jurisdiction
of Southlake.
8 . Consider: Resolution 90-07 . Calling the General Election
for May 5 , 1990 .
9 . Consider: Resolution 90-11 . Authorizing the Mayor to execute
the necessary deeds and other instruments conveying
the requested right-of-way frontage along East
Southlake Blvd. , to the State of Texas.
REGULAR AGENDA
10 . Public Forum.
City of Southlake,Texas
City Council Agenda
February 6 , 1990
page two
<Consider: Resolution 90-10 , Suspending TU Electric Rate
Increase.
%Consider: - ina ,t�r dnce No. 496 , tad�
�� An ordinance
re ting to TU--Electric Rate Increase.
C= Consider: Ordinance No. 495 , 2nd reading. Water Rate
Increase.
i Public Hearing.
1,,. -Consider: Ordinance No. 480-12 , 2nd reading. (ZA 89-75) .
Zoning request for a 1 .33 acre tract of land out of
the Thomas Easter Survey, Abstract No. 458 , Tract 2C
and 2D. Current zoning is Agricultural, request is
for the Commercial-1 Zoning District.
Location: North side of Highway 114 , east of Shady
Lane. Owner: Javatex, Inc.
Public Hearing.
. Consider: Ordinance No. 480-13, 1st reading. (ZA 89-72) .
Zoning change for a 37 . 253 acre tract of land out of
the James Thornhill Survey, Abstract No. 1505 ,
Tracts 1C, 1D, and 1L.
s. Current zoning is Agricultural, request is for the
4. Single Family 20 . 0 Residential Zoning District.
C- Owners: Dolores M. and William D. White.
Public Hearing.
1 . Consider: Preliminary plat of Southlake Hills, a 37 . 253 acre
- ^ tract of land out of the James Thornhill Survey,
Abstract no. 1505 , Tracts 1C, 1D, and 1L.
Owners: Dolores M. and William D. White.
ri. Consider: ZA 89-77 . Final plat of Timber Lake, Section 1 .
85 . 7451 acres of land out of the John Bailey Survey,
Abstract No. 97 , and the P.J. Hyde Survey, Abstract
j No. 667 . The property is located on the South side
` . of West Southlake Blvd. , between South White Chapel
and South Peytonville Avenue.
Owner: Southlake Joint Venture.
Ai . Consider: ZA 89-78 . Final plat of Carrick Press Addition.
3 acres out of the Thomas Easter Survey, Abstract
No. 474 , and the Samuel Freeman Survey, Abstract No.
525 . Owner: C.C. Hall Jr. Applicant: Carrick
Press.
\19. Consider- Requests for Proposal for the Water Rate Study and
111 for City Hall space utilization.
City of Southlake,Texas
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City Council Agenda
February 6 , 1990
page three
20 . ', Consider: inute Order authorizing the Mayor to execute an
greement between the City, of Fort Worth, City of
Keller, City of North Richland Hills and City of
Southlake and Trinity River Authority, conveying
the city' s capacity rights in Big Bear Creek
Interceptor Extension Project to TRA.
21 . Consider: Developers Agreement for Timber Lake, Phase I.
22. Consider: Developers Agreement for Arvida, Phase II, and
amending Phase I.
, 23 . Consider: Amendment to Keller/Southlake Water Agreement.
OWDiscussion: Street Light Ordinance.
25. Executive Session
Pursuant to the Open Meetings Law, Article 6252-17 V.T.A.S. ,
Section 2 (e) , 2 (f) , 2 (g) . Refer to Posted List of
Litigations.
A. Discussion: Pending or contemplated litigations. (Refer
to posted list) .
B. Discussion: Personnel Matters , including Boards and
Commissions. (Refer to posted list) .
C. Discussion: Land Acquisition.
D. Return to Open Session.
26. Consider: Action necessary in regards to pending or
contemplated litigations (Refer to posted list)
27 . Consider: Action necessary in regards to land acquisition.
28 . Consider: Resolution 90-03 , appointment to Southlake Economic
Development Council.
29. Meeting Adjourned.
I hereby certify that the above agenda was posted on the official
bulletin board at city 114e, 67 North Carroll Avenue , Southlake,
Texas, on Friday, Fe ..! �c990 , at 5 : 00 p.m. pursuant to the
Open Meeting L w A pple 25"2!- V.T.A. S.
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al'i4Z /i.- e %.741
Sandra L. LeGrand ' `C" e
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City Secretary 1, s
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City of Southlake,Texas
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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.
Vibra Whirl v. City of Southlake
-4- 9. Margaret Freemen Claim. January, 1990 .
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 2-2-90
City of Southlake,Texas
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MEMORANDUM a7- - yf fi
February 1 , 1990
TO: Curtis E. Hawk, City Manager
FROM: Billy Campbell , Chief of Police Qom%h''-de'
SUBJECT: District Attorney's Forfeiture Contract
Enclosed is a contract from the District Attorney's _Office concerning
seizures and forfeitures. This is a standard contract which entitles
the police department to a percentage of all monies and items that are
seized and subsequently forfeited in the Southlake Police Department's
activities.
New state legislation states that if we do not have a contract
with our District Attorney's Office, those monies and items in their
entirety will be awarded to the state. We have several forfeiture
cases pending. Therefore, I recommend that we enter into this agreement
with the District Attorney's Office, as it is the only game in town,
less we give the state everything.
BC/mr
Enclosure
City of Southlake,Texas
RESOLUTION NO. 90-08
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE
MAYOR TO ENTER INTO A CONTRACT BETWEEN THE
SOUTHLAKE POLICE DEPARTMENT AND THE DISTRICT
ATTORNEY'S OFFICE IN REGARDS TO SEIZURES AND
FORFEITURES. PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Southlake,
Texas, deems it to be in the best interest of the City to enter
into a contract agreement with the Tarrant County District
Attorney' s office in regards to seizures and forfeitures, as this
contract will entitle the Southlake Police Department to a
percentage of all monies and items that are seized and
subsequently forfeited in the Southlake Police Department' s
activities; now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1 . That the City Council hereby approved the contract
between the City of Southlake and the Tarrant County District
Attorney' s Office in regards to seizures and forfeitures, in the
form attached hereto as Exhibit "A" and authorizes and directs
the Mayor to execute and have delivered such contract to the
Tarrant County District Attorney' s Office.
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
THE STATE OF TEXAS )
COUNTY OF TARRANT )
MEMORANDUM OF AGREEMENT
WHEREAS, the Office of the Criminal District Attorney of
Tarrant County, Texas (hereinafter called District Attorney) has a
duty to represent the State of Texas regarding forfeitures of
property pursuant to Chapter 59 of the Texas Code of Criminal
Procedure; and
WHEREAS, Southlake Police Department, an agency or political
subdivision of the State of Texas, has certain duties to the
citizens of the State of Texas to provide law enforcement
protection and services through their local department; and
WHEREAS, Chapter 59 of the Texas Code of Criminal Procedure
enacted in 1989 provides for the forfeiture to the State of Texas
and its agencies and political subdivisions of certain property of
any nature, including real, personal, tangible, or intangible, that
is either used or intended to be used in the commission of certain
felonies enumerated in Art. 59.01 of the Texas Code of Criminal
Procedure or is proceeds or acquired with proceeds gained from the
commission of certain felonies enumerated in Art. 59.01 of the
Texas Code of Criminal Procedure; and
WHEREAS, the Criminal District Attorney of Tarrant County,
Texas and the Police Department of the City of Southlake wish to
join together in the enforcement of Chapter 59 of the Texas Code of,
Criminal Procedure for the betterment of all law enforcement in
Tarrant County; and
WHEREAS, Art. 59.08 of the Texas Code of Criminal Procedure
provides that all monies that are contraband that are seized may be
deposited in an interest bearing account by the District Attorney,
pending distribution as authorized by law;
WHEREAS, Art. 59.06 of the Texas Code of Criminal Procedure
provides that all forfeited property shall be administered by the
District Attorney, acting as the agent of the State, pending
distribution as authorized by law;
Page 2 of 6
NOW, THEREFORE, it is mutually agreed by and between Tim
Curry, Criminal District Attorney of Tarrant County, Texas,
CURTIS E. HAWK , the Chief Administrative Officer of the
City of Southlake, duly authorized by the City Council of said
City, and Billy Campbell, Chief of Police of the City of Southlake,
Texas, (hereinafter referred to as the City) , as follows:
(1) There is hereby created a certain fund to be known as the
Tarrant County District Attorney's Asset Seizure Fund, (hereinafter
referred to as Fund) , said Fund to be created in compliance with
Art. 59.08 of the Texas Code of Criminal Procedure;
(2) The District Attorney will represent the State of Texas
and the City of Southlake in all forfeiture proceedings maintained
under the provisions of Chapter 59 of the Texas Code of Criminal
Procedure;
(3) The City will refer all forfeiture proceedings under
Chapter 59 of the Texas Code of Criminal Procedure to the District
Attorney and abide by his decision to prosecute or to settle the
forfeiture claim;
(4) The District Attorney will bring all forfeiture
proceedings in the name of the State of Texas pursuant to the
requirements of Chapter 59 of the Texas Code of Criminal Procedure;
(5) All monies seized for forfeiture shall be deposited in
the Fund at the time of filing of a forfeiture proceeding and shall
be maintained in the Fund, pending final outcome of the forfeiture
proceeding;
(6) If any Court orders property that is the subject of a
forfeiture proceeding sold under the provisions of Art. 59.02(d) of
the Texas Code of Criminal Procedure, all proceeds of the sale
shall be deposited in the Fund, pending final outcome of the
forfeiture proceeding;
(7) Access to the Fund accounts shall be limited solely to
the District Attorney or his authorized representative;
(8) Said Fund shall be subject to audit as required by
Chapter 59 of the Texas Code of Criminal Procedure;
Page 3 of 6
(9) All property of any nature, including real, personal,
tangible or intangible, that is either used or intended to be used
in the commission of certain felonies enumerated in Art. 59.01 of
the Texas Code of Criminal Procedure or is proceeds or acquired
with proceeds gained from the commission of certain felonies
enumerated in Art. 59.01 of the Texas Code of Criminal Procedure
shall be forfeited to Tarrant County, as a political subdivision of
the State of Texas authorized to employ peace officers;
(10) Once a forfeiture judgment has become final, and no
Motions for New Trial or Notice of Appeal has been taken therefrom,
all monies placed in the Fund that have been forfeited to Tarrant
County shall be distributed as follows:
(a) All costs and fees incurred pursuant to that
forfeiture proceeding, including but not limited to
outstanding liens on property, maintenance costs required
under Art. 59.02(d) of the Texas Code of Criminal Procedure
and exceptional litigation costs, shall be paid from the
forfeited monies;
(b) One half (Z) of all remaining monies forfeited plus
one half (Z) of all accrued interest shall be disbursed to the
City to be placed in a special fund created pursuant to Art.
59.06(c) (2) of the Texas Code of Criminal Procedure to be used
for law enforcement purposes;
(c) All remaining monies plus all remaining interest
shall be placed in a special fund created pursuant to Art.
59.06(c) (1) of the Texas Code of Criminal Procedure to be used
for official purposes of the District Attorney's Office;
(11) Once a forfeiture judgment has become final awarding
real property to Tarrant County, and no Motion for New Trial or
Notice of Appeal has been taken therefrom, any real property shall
be sold by Tarrant County under the laws of the State of Texas and
all proceeds of said sale shall be deposited in the Fund and
disbursed in accordance with Paragraph (10) above;
Page 4 of 6
However, if both the City filing the original forfeiture
proceeding and the District Attorney reach agreement, title to the
real property may be conveyed to any law enforcement agency to use
the real property for law enforcement purposes under the requisites
of Art. 59.06(b) of the Texas Code of Criminal Procedure;
(12) Once a judgment has become final awarding personal
properties, other than monies deposited in the Fund and conveyances
and motor vehicles, to Tarrant County, and no Motions for New Trial
or Notice of Appeal has been taken therefrom, the personal property
shall be distributed by:
(a) The personal property shall be sold by Tarrant
County under the laws of the State of Texas and proceeds of
the sale shall be placed in the Fund and be disbursed in
accordance with Paragraph (10) above; or
(b) The items of personal property shall be divided
between the City and the District Attorney's Office if both
parties agree to the division;
(13) Once a forfeiture judgment has become final awarding any
conveyance or motor vehicle to Tarrant County, and no Motions for
New Trial or Notice of Appeal has been taken therefrom, the City
that filed the original forfeiture proceeding will have first
option of taking title to the conveyance or motor vehicle and using
it for official purposes, pursuant to the requisites of Art.
59.06(b) of the Texas Code of Criminal Procedure;
If the City declines the first option on a forfeited vehicle,
then the District Attorney may claim said vehicle for Tarrant
County;
If neither the City nor the District Attorney claims a
forfeited vehicle, it shall be offered to any other contracting
police agency to be used for official purposes, pursuant to the
requisites of Art. 59.06(b) of the Texas Code of Criminal
Procedure; said vehicle to be assigned at the discretion of the
District Attorney;
If no party claims the conveyance or motor vehicle, it shall
be sold by Tarrant County under the laws of the State of Texas and
Page 5 of 6
proceeds of the sale shall be deposited in the Fund and disbursed
in accordance with paragraph (10) above;
(14) The City shall be able to make requests of the District
Attorney for additional disbursements from the District Attorney's
special fund created pursuant to Art. 59.06(c) (1) of the Texas Code
of Criminal Procedure. These requests shall be made by means of
written request, made by the authorized representative of the City,
and detailing the nature of their request and proposed use of the
funds. These requests will be directed to the District Attorney or
his authorized representative, and the decision regarding such
requests shall rest solely with the District Attorney;
(15) The City agrees that any funds disbursed to it under
this agreement will be used for law enforcement purposes pursuant
to the requirements of Chapter 59 of the Texas Code of Criminal
Procedure;
(16) All proceeds from forfeiture proceedings filed by law
enforcement officers working under the auspices of the Tarrant
County Narcotics Intelligence and Coordination Unit (hereinafter
referred to as TCNICU) shall be returned to TCNICU in compliance
with the State grant requirements of TCNICU.
(17) All proceeds and property under Paragraphs
(10) , (11) , (12) and (13) from forfeiture proceedings filed by law
enforcement officers working under the auspices of any other
multi-agency task force, project or other cooperative unit
involving officers from more than one law enforcement agency shall
be disbursed in accordance with said Paragraphs (10) , (11) , (12) and
(13) with the "City" portions being disbursed to the multi-agency
task force, project or, other cooperative unit involving officers
from more than one law enforcement agency. These proceeds may then
be used in any manner complying with the requisites of Chapter 59
of the Texas Code of Criminal Procedure.
(18) This agreement may be terminated upon thirty (30) days
written notice by either party to the other, however, any then
pending forfeitures shall not be affected by such notices.
Page 6 of 6.
IT IS SO AGREED AND NOTED.
WITNESS OUR HANDS on this the day of
1989.
TIM CURRY
CRIMINAL DISTRICT ATTORNEY
TARRANT COUNTY, TEXAS
BILLY CAMPBELL
CHIEF OF POLICE
SOUTHLAKE, TEXAS
GARY FICKES
MAYOR, CITY OF' SOUTHLAKE
SOUTHLAKE, TEXAS
Curtis E. Hawk
CITY MANAGER, CITY OF SOUTHLAKE
SOUTHLAKE, TEXAS
6/�
property and that the property is subject to forfeiture, the court shall order the
property forfeited to the state with the attorney representing the state acting as the
agent of the state, and making necessary orders to protect the nonforfeitable interest
of the interest holder. On final judgment of forfeiture, the attorney representing the
state shall dispose of tk�p tyro the manner required by Article 59.06 of this code.
Art. 59.06. DISPOSITION OF FORFEITED PROPER-T-Y. a)All forfeited property
shall be administered by the attorney representing the state, acting as the agent of the
state, in accordance with accepted accounting practices and with the provisions of any
local agreement entered into between the attorney representing the state and law
enforcement agencies. If a local agreement has not been executed, the property shall
be sold on the 75th day after the date of the final judgment of forfeiture at public
auction under the direction of the county sheriff,.after notice of public auction as
provided by law for other sheriff's sales. The proceeds of the sale shall be distributed
(I) to any interest holder to the extent of the interest holder's nonforfeitable
interest; and
(2) the balance, if any, after deductions of all storage and disposal costs, to be
deposited not later than the nth day after the date of the sale in the state treasury
to the credit of the general revenue fund
(b) If a local agreement exists between the attorney representing the state and law
enforcement agencies, the attorney representing the state may transfer the property
to law enforcement agencies to maintain, repair, use, and operate the property for
official purposes if the property is free of any interest of an interest holder. The
agency receiving the forfeited property may purchase the interest of an interest
holder so that the property can be released for use by the agency. •The agency
receiving t e forfeited property may maintain, repair, use, and operate the property
with money appropriated for current operations. If the property is a motor vehicle
subject to registration under the motor vehicle registration laws of this state, the
agency receiving the forfeited vehicle is considered to be the purchaser and the
certificate of title shall issue to the agency. The agency at any time may transfer the
property to a municipal or county law enforcement agency for the use of that agency.
(c) If a local agreement exists between the attorney representing the state and law
enforcement agencies, all money, securities, negotiable instruments, stocks or bonds,
or things of value, or proceeds from the sale of those items, shall be deposited
according to the terms of the agreement into one or more of the following funds:
.` (1) a special fund in the county treasury for the benefit of the office of the
attorney representing the state, to be used by the attorney solely for the official
purposes of his office;
(2) a special fund in the municipal treasury if distributed to a municipal law
enforcement agency, to be used solely for law enforcement purposes;
(.1) a special fund in the county treasury if distributed to a county law enforce-
ment agency, to be used solely for law enforcement purposes; or
(4) a special fund in the state law enforcement agency if distributed to a state law
enforcement agency, to be used solely for law enforcement purposes.
(d) Proceeds awarded under this chapter to a law enforcement agency or to the
attorney representing the state may be spent by the agency or the attorney after a
budget for the expenditure of the proceeds has been submitted to the commissioners
court or governing body of the municipality. The budget must be detailed and clearly
list and define the categories of expenditures, but may not list details that would
endanger the security of an investigation or prosecution. Expenditures are subject to
audit provisions established under this article. A commissioners court or governing
body of a municipality may not use the existence of an award to offset or decrease
total salaries, expenses, and allowances that the agency or the attorney receives from
the commissioners court or governing body at or after the time the proceeds are
awarded. The head of the agency or attorney representing the state may not use the
existence of an award to increase a salary, expense, or allowance for an employee of
the attorney or agency who is budgeted by the commissioners court or governing body
unless the commissioners court or governing body first approves the expenditure
(e) On the sale of contraband under this article, the appropriate state agency shall
issue a certificate of title to the recipient if a certificate of title is required for the
property by other law.
L
City of South lake,Texas
MEMORANDUM
February 2, 1990
TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Resolution 90-09, Sister City
At the request of Mayor Fickes, and, as the result of the
presentation made by Brad Bradley, during the last City
Council meeting, you have on the agenda, Resolution 90-09,
in support of an affiliation between Toyoma, Japan and City
of Southlake.
If you have any questions, please do not hesitate to contact
m .
/4/ /1:N
S L/s
City of South lake,Texas
RESOLUTION NO.90-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, IN SUPPORT OF TOYOMA,
JAPAN AS A SISTER CITY.
WHEREAS, the Sister City Program is a nonprofit
organization, formed to facilitate cultural linkages between
Countries; and,
WHEREAS, the Southlake Chamber of Commerce joined the
Sister City International Organization in July 1987; and,
WHEREAS, the Southlake Chamber of Commerce has provided
information about the City of Southlake to Mayor Sakurai, of
Toyoma, Japan, in an effort to promote an affiliation between the
City of Southlake and the City of Toyoma, Japan; now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS, THAT:
Section 1 . that 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 of the City of Southlake has
been made aware that the City of Toyoma and the City of Southlake
have the same approximate population.
Section 3 . that the City Council of the City of Southlake is in
support of an affiliation between Toyoma, Japan and the City of
Southlake, in an effort to facilitate a cultural linkage.
Section 4 . that this resolution is in effect upon its passage by
the City Council.
PASSED AND APPROVED this the day of
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
ATTEST:
Sandra L. LeGrand
City Secretary
City of Southlake,Texas
MEMORANDUM
February 2, 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.
As indicated during the January 16 , 1990 , City Council
meeting, this item has been placed on the agenda for
February 6 , 1990 , for consideration.
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/s
VRy VI •7UUU IIQI%C, IWACO --
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:
City of Southlake,Texas
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 City' s tax roll where the
right-of-way of an" 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 ,
City of South lake,Texas
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 Southlake, Texas
TRACT NO. 1 12/21/89
BEINGa 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.
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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.
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City of soutrilaxe, I exas
MEMORANDUM
P7r-------
February 2 , 1990
TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Resolution 90-07 , Calling General Election
Resolution 90-07 , Calling the General Election on May 5,
1990, is an item on your agenda. The Resolution
establishes the election precincts within the city;
appoints the election judge and alternate judge; allows for
election clerks and sets their wages; authorizes the City
Secretary to make submissions to the United States Justice
Department for pre-clearance approval; establishes a time
for absentee voting; establishes other procedures for the
conduct of the election; and establishes a date for
canvassing the returns.
Also, I have enclosed a copy of the Election Calendar for
your information.
zf
If you have any questions, please do not hesitate to . call me.
' I(./ t ')4, ft4
SLL/s ti.
i
Y'/
Vlay VI •7VYa111QF , IGA47
RESOLUTION NO. 90-07
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS,
CALLING A GENERAL ELECTION TO BE HELD ON MAY 5 ,
1990. ESTABLISHING ELECTION PRECINCTS WITHIN THE
CITY: APPOINTING AN ELECTION JUDGE AND AN ALTER-
NATE JUDGE: AUTHORIZING THE CITY SECRETARY TO MAKE
SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT
FOR PRE-CLEARANCE APPROVAL: ESTABLISHING OTHER
PROCEDURES FOR THE CONDUCT OF THE ELECTION:
ESTABLISHING A DATE FOR CANVASSING RETURNS: AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 41. 001 of the Texas Election Code (the
"Code") specifies that the first Saturday in May shall be a
"uniform election date" and that a general election of a city may
be held on such day; and,
WHEREAS, by a Resolution the first Saturday in May (May
5, 1990) has been adopted as the date of its general election; and,
WHEREAS, by this resolution, established the next to last
Saturday in May (May 19 , 1990) as the date for a runoff election
should one be required for the general election; and,
WHEREAS, by this resolution, it is the intention of the
City Council to officially establish the election precincts within
the City, to designate a polling place for the election, 'to appoint
the necessary election officers and to establish and set forth
procedures for conducting the election; and,
WHEREAS, the changes from prior practices may require
pre-clearances under the Federal Voting Rights Act:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1 . Election Day. A general election shall be
held in the City of Southlake, Saturday, May 5 , 1990 , at which the
following officers will be elected:
COUNCILMEMBER PLACE NO. 3
COUNCILMEMBER PLACE NO. 4
COUNCILMEMBER PLACE NO. 5
Section 2 . Term of Office. In accordance with the
City' s Charter, the candidate for each office receiving a majority
of votes for such office shall be elected for a term of two (2)
years beginning May 5 , 1990 , or until a successor is duly elected.
and qualified.
City of Southlake,Texas
Resolution 90-07
page two
Section 3 . Eligibility for Candidacy. In
accordance with the City' s Charter, no person shall be eligible for
the office of Mayor or Councilmember unless he/she is a qualified
elector of the City and has resided in the City for at least twelve
(12) months next preceding the election at which he/she is to be
elected.
Section 4 . Application for a Place on the Ballot.
In accordance with Section 143. 007 of the Code, any eligible and
qualified person may have his name printed upon the official ballot
as a candidate for the offices herein set forth by filing his sworn
application with the City Secretary not earlier than February 19,
1990 , and not later than 5:00 p.m. March 21 , 1990 . Each such
application shall be on a form as prescribed by Section 141.031 of
the Code. The order in which the names of the candidates are to be
printed on the ballot shall be determined by a drawing by the City
Secretary as provided by Section 52 . 094 of the Code. Notice of the
time and place for such drawing shall be given in accordance with
the Code.
Section 5 . Runoff Election. In accordance with
the Code, in the event that no candidate receives a majority of the
votes for an office, there shall be a runoff election held on May
19, 1990 . If a runoff election is necessary, it shall be ordered
by the Mayor not later than five (5) days after the canvassing of
the returns of the general election.
Section 6 . Election Precincts. In accordance with
Section 42 . 061 of the Code, the City Council of the City hereby
establishes its election precincts for all municipal elections from
and after the effective date of this Resolution, such precincts to
be coterminous with the boundaries of the below listed election
precincts established by the Denton County and Tarrant County
Commissioner' s Courts , to the extent such election precincts are
within the corporate boundaries of the City, and to be identified
by the same number as the county precincts. The election precincts
hereby adopted as the election precincts of the City are as follows:
Denton County Election Precinct No. 312
Tarrant County Election Precinct No. 3035
Tarrant County Election Precinct No. 3039
Tarrant County Election Precinct No. 3040
Tarrant County Election Precinct No. 3114.
Tarrant County Election Precinct No. 3286
Tarrant County Election Precinct No. 3359
Section 7 . Polling Place. The polling place for
all election precincts of the City for all municipal elections from
and after the effective date of this Resolution shall be City Hall, i
667 North Carroll Avenue , Southlake, Texas . The polls shall be
open from 7 : 00 a.m. to 7 : 00 p.m. , in accordance with and pursuant
to the requirements of the Code.
1,dlly I CAdS
'1
Resolution 90-07
page three
Section 8 . Appointment of Election Judge and
Alternate Election Judge. The following named individuals,
residing at the respective addresses, are hereby appointed to serve
as Presiding Election Judge and Alternate Presiding Election Judge,
respectively, at the election:
Presiding Judge:
Name: Charles Curry
Address: 1203 Ridgewood Circle, Southlake, Texas
Alternate Presiding Judge:
Name: Aloha Payne
Address: 1213 Whispering Lane, Southlake, Texas
The Election Judge and the Alternate Judge shall be
qualified voters of the city. The City Secretary shall, in
accordance with Section 32. 009 of the Code, deliver to the
Presiding Judge and the Alternate Presiding Judge notice of their
appointments not later than twenty (20) days from the effective
date of this Resolution.
Section 9. Appointment of Clerks. The Presiding
Judge for the polling place shall appoint Election Clerks and as
many additional Clerks as are necessary for the proper conduct of
the election. Provided, however, five (5) Clerks , shall be the
maximum number of Clerks which may be appointed to serve at the
polling place. All Election Clerks shall be qualified voters of
the City.
Section 10 . Compensation of the Election Judge and
Election Clerks. The Presiding Election Judge, Alternate
Presiding Judge and each Election Clerk shall be compensated at the
rate of $5 . 00 per hour in accordance with Section 32 . 091 of the
Code. The Presiding Election Judge shall also be paid the
additional sum of $25 . 00 for delivering the returns of the election.
Section 11 . Method of Voting. The City Secretary
is hereby authorized and instructed to provide and furnish all
necessary election supplies to conduct the election. In accordance
with this resolution. Voting at the election shall be by
electronic voting machine and shall be conducted in accordance with
the Code.
city of 5outhlaKe, Texas
Resolution No. 90-07
page four
Section 12 . Governing Law and Qualified
Voters. The election shall be held in accordance with the
Constitution of the State of Texas and the Code , and all resident
qualified voters of the City shall be eligible to vote at the
election.
Section 13. Publication and Posting of
Notice. Notice of the election shall be published once no
earlier than April 5 , 1990 , and no later than April 25 , 1990 , in a
newspaper in accordance with the provisions of the Code, and shall
be posted no later than April 16 , 1990 , in the regular place for
posting notice of meetings of the City Council of the City.
Section 14 . Absentee Voting. Absentee Voting
by personal appearance shall be conducted between the hours of 8:00
a.m. and 5 : 00 p.m. on each day which is not a Saturday, Sunday, or
an official State Holiday, beginning on April 16 , 1990 , and
continuing through May 1 , 1990 , except on Saturday, April 28 , 1990,
the absentee polling place will be open from 10: 00 a.m. to 2:00
p.m. Absentee voting by personal appearance shall be at the office
of the City Secretary, 667 North Carroll Avenue, Southlake, Texas.
Applications for absentee voting by mail shall be delivered to the
City Secretary at the same address not earlier than March 6 , 1990
and not later than the close of business on April 27, 1990.
Absentee voting, both by personal appearance and by mail,
shall be by paper ballots and shall be canvassed by the Absentee
Ballot Board, which is hereby created. The Presiding Election
Judge and the Alternate Presiding Election Judge appointed herein
shall serve as the presiding officer and the alternate presiding
officer, respectively, of the Absentee Ballot Board. The other
election officer serving at the election shall serve as the other
members of the Absentee Ballot Board for the election.
Section 15 . Submissions to the United States
Justice Department That the City Secretary of the City of
Southlake is authorized to make such submissions as are necessary '
to the United States Justice Department to seek pre-clearance
approval for new precincts added due to recent annexations and for
additional length of the absentee voting period to include
Saturday, April 28 , from 10 : 00 a.m. to 2: 00 p.m.
Section 16 . Delivery of Returns. In accordance
with the Code, immediately after the closing of the polls on the
City of Southlake,Texas
Resolution No. 90-07
page five
day of the election, the election officers names in this
Resolution shall make and deliver the returns of the election in
triplicate as follows: one copy shall be retained by the Presiding
Judge, one copy shall be delivered to the Mayor of the City, and
one copy of the returns, together with the ballot boxes and all
election supplies, shall be delivered to the City Secretary. All
election records and supplies shall be preserved by the City
Secretary in accordance with the Code.
Section 17. Canvassing of Returns. The City
Council shall convene on May 7, 1990, at 7: 00 p.m. , to canvass the
returns of the election.
Section 18. Necessary Actions. The Mayor
and the City Secretary of the City, in consultation with the City
Attorney, are hereby authorized and directed to take any and all
actions necessary to comply with the provisions of the Code in
carrying out and conducting the election, whether or not expressly
authorized herein.
Section 19. Effective Date. This Resolution
shall be effective upon its adoption.
PASSED AND APPROVED THIS THE day of ,
1990.
CITY OF SOUTHLAKE, TEXAS
By:
Mayor Gary Fickes
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake,Texas
•
7-
MEMORANDUM
Janurary 31 , 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works ,
SUBJECT: City Property Along FM 1709 To Be Dedicated
to SDHPT - Parcel #227
Attached is a letter from Raymond Solaski, ROW Supervisor
for Tarrant County, requesting the City to dedicate . 031
acres on FM 1709.
The property owned by the City is for future access to an
elevated water tower. The dedication of this property would
not adversely affect the City' s accessability to the
property.
Also attached are the deeds , property description and plat
of the property to be dedicated and additional property
requested for a temporary easement during construction , of FM
1709 .
It is recommended that the property described as attached be
dedicated to the SDHPT by a minute order and this item be
placed on the City Council' s February 6 , 1990 agenda.
/7/4
MHB/ew
9%,
--- ---— • urty or SuutniaKe, texas ------
RESOLUTION NO.90-11
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE ALL NECESSARY DEEDS AND
OTHER INSTRUMENTS CONVEYING THE REQUESTED
RIGHT-OF-WAY FRONTAGE ALONG EAST SOUTH-
LAKE BLVD. PROVIDING. AN EFFECTIVE DATE.
WHEREAS, the State of Texas through Tarrant County is
acquiring right-of-way for the expansion and improvement of (F.M.
1709) East Southlake Blvd. ; and,
WHEREAS, the City of Southlake owns a parcel of property
adjacent to East Southlake Blvd; and,
WHEREAS, one piece of property is the proposed municipal
water tower/pump station lot known as right-of-way parcel number
227 , wherein the State of Tarrant County is acquiring . 031 acres
of property for right-of-way; and,
WHEREAS, it is the desire of the City of Southlake to
encourage participation in the expansion of F.M. 1709 and that
such expansion would be to the great benefit of the City of
Southlake; now,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1 . That the Mayor of the City of Southlake be empowered
to execute all necessary deeds and other instruments conveying
the requested right-of-way frontage along (F.M. 1709) East
Southlake Blvd. , to the State of Texas.
PASSED AND APPROVED this the day of ,
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
ATTEST:
•
Sandra L. LeGrand
City Secretary
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EXHIBIT "A"
art of the T . Easter Survey , Abstract No . 474, situated about 17
_..files north 46 degrees east from the courthouse in Tarrant
County , Texas ; and embracing a portion of the 7-10/100 acres
tract described in the deed to R . G . Lyford recorded in volume
2202, page 473 of the Tarrant County Deed Records .
Beginning at a 3/4" pipe for the northeast corner of said
7-10/100 acres tract from which the northwest corner of said
Easter Survey bears by deed call north 72 degrees-30 minutes west
611-64/100 feet ; south 3 degrees-27 minutes west 30-8/10 feet and
north 89 degrees-26 minutes west 110-6/10 feet .
Thence south , along the east line of said 7-10/100 acres tract ,
859 feet to a 3/4" pipe for the southeast corner of said 7-10/100
acres tract .
Thence south 89 degrees-36 minutes west , along the south line of
said 7-10/100 acres tract 200 feet to a 5/B" iron.
Thence north 200 feet to a 5/8" iron.
Thence north 89 degrees-36 - minutes east 180 feet to a 5/8" iron .
Thence north 665-53/100 feet to a 5/8" iron in the north line of
said 7-10/100 acres tract in the south line of Grapevine-Keller
(
Thence south 72 degrees-17 minutes-24 seconds east , along the
said north line of 7-10/100 acres tract and said south line of
Road , 21 feet to the place of beginning and containing 1-222/1000
acres .
l
P 227
8/12/88
Exhibit A
Page 1 of 1
BEING 0.031 of an acre of land, more or less, situated in the County
of Tarrant, State of Texas, and being out of the Thomas Easter Survey,
Abstract No. 474 and being part of a tract of land conveyed by Robert_
George Lyford, Individually and as Independant Executor of Estate of
Annette Leatherwood Lyford, Deceased, to the City of Southlake by deed
dated March 4, 1985 and recorded in Volume 8108, Page 1279, of the
Deed Records, Tarrant County, Texas, which 0.031 of an acre of land,
more or less, is more particuarly described as follows:
BEGINNING at the point of intersection of the southerly right-of-way
line of proposed F.M. Highway 1709 with the East line of said City of
Southlake tract, said point being 65.00 feet southerly and at right
angles to centerline survey station 440+46.10 and also being North
00°01'04" East a distance of 791.99 feet from the Southeast corner of
said City of Southlake tract;
(1) THENCE North 70°47'12" West along the southerly right-of-way line
of said proposed F.M. Highway 1709 a distance of 21.12 feet;
(2) THENCE North 00°00'42" East along the the most easterly West line
of said City of Southlake tract a distance of 66.38 feet to a
point in the existing southerly right-of-way line of Southlake
Blvd.;
(3) THENCE South 72°18'54" East along the existing southerly right-of-
way line of said Southlake Blvd. a distance of 20.94 feet;
(4) THENCE South 00°01'04" West along the East line of said City of
Southlake tract a distance of 66.97 feet to the POINT OF
BEGINNING.
9- 7
P 227-TE
8/12/88
Exhibit A
Page 1 of 1
BEING 0.005 of an acre of land, more or less, situated in the County
of Tarrant, State of Texas, and being out of the Thomas Easter Survey,
Abstract No. 474, and being part of a tract of land conveyed by Robert
George Lyford, Individually and as Independant Executor of Estate of
Annette Leatherwood Lyford, Deceased, to the City of Southlake by deed
dated March 4, 1985 and recorded in Volume 8108, Page 1279, of the
Deed Records, Tarrant County, Texas, which 0.005 of an acre of land,
more or less, is more particuarly described as follows:
BEGINNING at the point of intersection of the southerly right-of-way
line of proposed F.M. Highway 1709 with the East line of said City of
Southlake tract, said point being 65.00 feet southerly and at right
angles to centerline survey station 440+46.10 and also being North
00°01'04" East a distance of 791.99 feet from the Southeast corner of
said City of Southlake tract;
(1) THENCE South 00°01'04" West along the East line of said City of
Southlake tract a distance of 10.59 feet;
(2) THENCE North 70°47'12" West along the southerly line of the herein
described tract a distance of 21.12 feet;
(3) THENCE North 00°00'42" East along the the most easterly West line
of said City of Southlake tract a distance of 10.59 feet to a
point in the southerly right-of-way line of said proposed F.M.
Highway 1709;
(4) THENCE South 70°47'12" East along the southerly right-of-way line
of said proposed F.M. Highway 1709 a distance of 21.12 feet to the
POINT OF BEGINNING.
1
91.7/
•
A2TAChMENT Z
\A
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE STEERING COMMITTEE
OF TU ELECTRIC SERVICE AREA CITIES TO RETAIN
LEGAL COUNSEL AND RATE CASE CONSULTANTS;
AUTHORIZING THE STEERING COMMITTEE TO INTERVENE
ON BEHALF OF THE CITY OF
IN THE TEXAS PUBLIC UTILITY COMMISSION TEXAS
UTILITIES ELECTRIC COMPANY RATE CASE, RURAL RATE
CASE, PUC DOCKET NO. 9220 (PRUDENCY INQUIRY) AND
RELATED DOCKETS; SUSPENDING THE PROPOSED TARIFF
• SCHEDULE OF RATES OF TEXAS UTILITIES
ECTRIC COMPANY
WHEREAS, Texas Utilities Electric Company (TUEC) has filed with individual
cities and the Texas Public Utility Commission (PUC Docket
) ("Rural Case") for an increase in rates, with such new
rates to have a proposed effective date of February 20, 1990; and
WHEREAS, TUEC has under construction a two unit nuclear plant project known
as the Comanche Peak Nuclear Generating Station ("Comanche Peak") ,
which project cost is expected to be approximately $10 billion and
potentially a major component of such rate request; and
WHEREAS, on December 22, 1989, the Office of Public Utility Counsel filed a
petition of inquiry (PUC Docket 9220) with the Public Utility
Commission of Texas inquiring into the prudence, efficiency and - .
management of Comanche Peak; and
WHEREAS, the City of , Texas, ("City") is a
regulatory authority having a statutory duty to participate in such
proceedings and whose citizens will be substantially affected by the
rates established as a result of such proceedings; and
WHEREAS, the economic development potential and competitiveness of the
electric service area will be profoundly affected by the rates
established;
WHEREAS, the City is entitled to be reimbursed for its reasonable expenses
pursuant to Section 24(a) of the Texas Public Utility Regulatory
Act; and
WHEREAS, the Steering Committee of TU Electric Service Area Cities has beery"
formed to facilitate and coordinate the participation of Cities in
the service area of TUEC in these rate proceedings; and
WHEREAS, the Steering Committee is currently negotiating with TUEC for the
periodic reimbursement of the Cities joint rate case expenses; NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF , TEXAS:
/1- 7
ATTACHMENT 2
•
I.
That the City authorizes the Steering Committee of TU Electric Service
Area Cities of which the City is a participating member, to retain legal
counsel and engage rate case consultants, and intervene on behalf of the City
in PUC Docket No. 9220, filed by the Office of Public Utility Counsel, and PUC
Docket No. (TUEC Rural Case) filed by TUEC, and related dockets.
II.
The City authorizes payment to the Steering Committee of TU Electric
Service Area Cities of ten cents (10c) per capita based upon the latest Texas
Municipal League population figures for the City.
III.
In order to allow the City sufficient time to analyze and prepare for
hearing and decision on any requested rate, the City Council of the City
hereby suspends the operation of the proposed tariffs and schedules of rates
which would otherwise go into effect for a period not to exceed ninety (90)
days beyond the date on which the schedule of rates would otherwise go into
effect, i.e. , suspension until Midnight, May 21, 1990, and for such additional
period of time as may be necessary and authorized by law. During such period
of suspension, the rates in force shall be those rates in effect when the
suspended schedule was first filed, and shall continue in force until finally
approved, modified or denied by the City Council.
IV.
The City Secretary shall cause copies of this resolution to be sent to
the TUEC representative:
T. Michael Ozymy
Vice President
Texas Utilities Electric Company
2001 Bryan Street, Suite 1900
Dallas, Texas 75201
and the Chairman of the Steering Committee:
Jay Doegey
City Attorney
Post Office Box 231
Arlington, Texas 76004-0231 .
-L-
•
•
•
0 Yes, the City of wishes to participate on the
Steering Committee.
No, the. City of does not wish to participate
on the Steering Committee.
Please send all correspondence to our City's Steering Committee
representative:
Name
Title •
Address
•
Phone
•
Enclosed is our advance of $ based upon the latest TML population
figures. (Make checks payable to the CITY OF ARLINGTON.)
Please return this sheet, along with a copy of your City's authorizing
. resolution and check, to:
JAY DOEGEY
•
Chairman, Steering Committee
of TU Electric Service Area Cities
Post Office Box 231
Arlington, Texas 76004-0231
Il
RESOLUTION NO.
A RESOLUTION SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED
RATE SCHEDULES AND SERVICE REGULATIONS OF TEXAS UTILITIES ELECTRIC
COMPANY, PROVIDING THAT THE RATE SCHEDULES AND SERVICE REGULATIONS
OF SAID COMPANY SHALL REMAIN UNCHANGED DURING THE PERIOD OF
SUSPENSION, DECLARING THE PRESENT INTENT OF THE GOVERNING BODY OF
THIS MUNICIPALITY WITH RESPECT TO SAID PROPOSED RATE SCHEDULES AND
SERVICE REGULATIONS, PROVIDING FOR NOTICE HEREOF TO SAID COMPANY, AND
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, Texas Utilities Electric Company heretofore, on January 16, 1990, filed
with the Governing Body of this municipality its Petition and Statement of Intent,
together with its rate-filing package, proposing to change its rate schedules and service
regulations within the corporate limits of this municipality, effective on February 20,
1990; and
WHEREAS, Texas Utilities Electric Company simultaneously, on January 16, 1990,
filed a virtually identical Petition and Statement of Intent with the Public Utility
Commission of Texas and it is the present intent of the Governing Body of this
municipality to accept the rate schedules and service regulations of Texas Utilities
Electric Company approved and set by the Public Utility Commission of Texas pursuant to
said Petition and Statement of Intent to be effective from and after the date that the
Public Utility Commission of Texas orders said new rate schedules and service regulations
effective for Texas Utilities Electric Company; and
WHEREAS, it is the desire of the Governing Body of this municipality to suspend,
pursuant to Section 43(d) of the Public Utility Regulatory Act, the proposed effective
date of said proposed changed rate schedules and service regulations for a period of 90
days from February 20, 1990, such suspension being in the public interest; NOW,
THEREFORE,
BE IT •RESOLVED BY THE CITY COUNCIL • OF THE CITY OF
SOUTHLAKE , TEXAS:
SECTION 1. That the effective date of the proposed changed rate schedules and
service regulations of Texas Utilities Electric Company is hereby suspended for a period
of 90 days from February 20, 1990;
SECTION 2. That the rate schedules and service regulations of Texas Utilities
Electric Company within this municipality in effect on January 16, 1990, shall continue in
force during the period of suspension as provided in Section 1 hereof.
SECTION 3. That it is the present intent of the Governing Body of this municipality
to accept the same rate schedules and service regulations of Texas Utilities Electric
Company approved and set by the Public Utility Commission of Texas pursuant to the
Petition and Statement of Intent filed by Texas Utilities Electric Company with the
Public Utility Commission of Texas on January 16, 1990, to be effective from and after
the date that the Public Utility Commission of Texas orders said new rate schedules and
service regulations effective for Texas Utilities Electric Company.
SECTION 4. That the Secretary of this municipality is hereby directed to deliver a
copy of this Resolution to Texas Utilities Electric Company promptly after the passage
hereof.
SECTION 5. It is hereby officially found and determined that the meeting at which
this Resolution is passed is open to the public and that public notice of the time, place and
purpose of said meeting was given, all as required by law.
PASSED AND APPROVED at a Regular Meeting of the City
of the City of , Texas, this day of
, 1990.
ATTEST: Mayor
Secretary
/`;
ORDINANCE NO.
AN ORDINANCE ELECTING TO HAVE THE PUBLIC UTILITY COMMISSION OF TEXAS
EXERCISE EXCLUSIVE ORIGINAL JURISDICTION OVER ELECTRIC UTILITY RATES,
OPERATIONS, AND SERVICES WITHIN THE EXISTING AND FUTURE INCORPORATED
LIMITS OF THIS MUNICIPALITY, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING
FOR NOTICE OF THIS ORDINANCE TO THE PUBLIC UTILITY COMMISSION OF TEXAS,
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW, AND DECLARING AN
EMERGENCY.
WHEREAS, provision is made in Section 17(b) of the Public Utility Regulatory Act
(Article 1446c, Vernon's Annotated Texas Statutes) whereby a municipality may elect to
have the Public Utility Commission of Texas exercise exclusive original jurisdiction over
electric utility rates, operations, and services within the incorporated limits of said
municipality; and
WHEREAS, the Public Utility Commission of Texas is well-equipped to regulate the
rates,operations, and services of electric utilities within this municipality in keeping with
the best interests of the consumers and electric utilities; and
WHEREAS, the Governing Body of this municipality, after having thoroughly
considered the matter, is of the opinion that the best interests of this municipality will be
served by having the Public Utility Commission of Texas exercise the exclusive original
jurisdiction over electric utility rates,operations,and services; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE , TEXAS:
SECTION 1. That the Governing Body of this municipality does hereby elect to have
the Public Utility Commission of Texas exercise exclusive original jurisdiction over
electric utility rates, operations, and services within the existing and future Incorporated
limits of this municipality.
SECTION 2. That this Ordinance shall become effective, and the Public Utility
Commission of Texas shall exercise the exclusive original jurisdiction over said electric
utility rates,operations,and services on and after the date of the passage hereof.
SECTION 3. That it is hereby officially found and determined that the meeting at
which this Ordinance is passed is open to the public and as required by law and that public
notice of the time,place and purpose of said meeting was given as required.
SECTION 4. That an emergency exists necessitating the suspension of any rule
requiring multiple readings of this Ordinance and all multiple readings of this Ordinance
are hereby waived; this Ordinance shall take effect immediately upon its passage.
SECTION 5. That the Secretary of this municipality shall give notice of this
Ordinance to the Public Utility Commission of Texas by forwarding a certified copy of
same to the Public Utility Commission of Texas upon the passage of this Ordinance.
PASSED AND APPROVED at a Regular Meeting of the City of
the City of , Texas, this the day of
, 1990.
ATTEST: Mayor
Secretary
A-1
ORDINANCE NO.
AN ORDINANCE APPROVING RATE SCHEDULES AND SERVICE REGULATIONS FOR
TEXAS UTILITIES ELECTRIC COMPANY, PROVIDING AN EFFECTIVE DATE
THEREFOR, PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES AND
SERVICE REGULATIONS MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN,
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW, AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE , TEXAS:
SECTION 1. On January 16, 1990, Texas Utilities Electric Company filed with the
Governing Body of this municipality and simultaneously with the Public Utility
Commission of Texas a virtually identical Petition and Statement of Intent with proposed
changes in the rate schedules and service regulations of said Company.
SECTION 2. The rate schedules and service regulations of Texas Utilities Electric
Company approved and set by the Public Utility Commission of Texas pursuant to the
Petition and Statement of Intent filed by said Company with the Public Utility
Commission of Texas on January 16, 1990, are hereby approved as the rate schedules and
service regulations under which said Company is authorized to render service and to
collect charges from its customers for the sale of electric power and energy within the
corporate limits of this municipality until such time as said rate schedules and service
regulations may be changed, modified, amended or withdrawn with the approval of the
Governing Body of this municipality.
SECTION 3. The aforesaid rate schedules and service regulations herein approved
shall be effective from and after the date the Public Utility Commission of Texas orders
said new rate schedules and service regulations effective for Texas Utilities Electric
Company, provided that, in order to effect uniform systemwide rates, changed rates may
be earlier placed in effect within this municipality to the same extent that changed rates
are earlier placed in effect in all of the other areas served by Texas Utilities Electric
Company but only pursuant to an order of the Public Utility Commission of Texas fixing
interim rates or pursuant to a bond filed with the Public Utility Commission of Texas and
subject to refund to the same extent as authorized by Section 43(e) of the Public Utility
Regulatory Act.
SECTION 4. The filing of said rate schedules and service regulations shall
constitute notice to the consumers of electricity, within this municipality, of the
availability and application of such rate schedules and service regulations.
SECTION 5. Nothing in this Ordinance contained shall be construed now or
hereafter as limiting or modifying in any manner, the right and power of the Governing
Body of this municipality under the law to regulate the rates, operations, and services of
Texas Utilities Electric Company.
SECTION 6. It is hereby officially found and determined that the meeting at which
this Ordinance is passed is open to the public and as required by law and that public notice
of the time, place and purpose of said meeting was given as required.
SECTION 7. An emergency exists necessitating the suspension of any rule requiring
multiple readings of this Ordinance and all multiple readings of this Ordinance are hereby
waived; this Ordinance shall take effect immediately upon its passage.
PASSED AND APPROVED at a Regular Meeting of the City
of the City of , Texas, on this the
day of , 1990.
Mayor
ATTEST:
Secretary / 2 ��
( L l
-111
ORDINANCE NO.
AN ORDINANCE APPROVING RATE SCHEDULES AND SERVICE REGULATIONS FOR
TEXAS UTILITIES ELECTRIC COMPANY, PROVIDING AN EFFECTIVE DATE
THEREFOR, PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES AND
SERVICE REGULATIONS MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN,
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW, AND DECLARING AN
EMERGENCY.
WHEREAS, on January 16, 1990, Texas Utilities Electric Company filed with the
Governing Body of this municipality its Petition and Statement of Intent proposing
changed rate schedules and service regulations for application within this municipality on
February 20, 1990;and
WHEREAS, the Governing Body of this municipality suspended the proposed
effective date of said proposed changed rate schedules and service regulations as
permitted by Section 43(d)of the Public Utility Regulatory Act; and
WHEREAS, the Governing Body of this municipality, after having considered the
proposed changed rate schedules and service regulations and the data supporting same at a
public hearing, is of the opinion and finds that the rate schedules and service regulations
of Texas Utilities Electric Company within this municipality should be the same as those
rate schedules and service regulations approved by the Public Utility Commission of Texas
pursuant to the virtually identical Petition and Statement of Intent filed by Texas
Utilities Electric Company with the Public Utility Commission of Texas on January 16,
1990; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTULAKE , TEXAS:
SECTION 1. The rate schedules and service regulations of Texas Utilities Electric
Company approved and set by the Public Utility Commission of Texas pursuant to the
Petition and Statement of Intent filed by said Company with the Public Utility
Commission of Texas on January 16, 1990, are hereby approved as the rate schedules and
service regulations under which said Company is authorized to render service and to
collect charges from its customers for the sale of electric power and energy within the
corporate limits of this municipality until such time as said rate schedules and service
regulations may be changed, modified, amended or withdrawn with the approval of the
Governing Body of this municipality.
SECTION 2. The aforesaid rate schedules and service regulations herein approved
shall be effective from and after the date the Public Utility Commission of Texas orders
said new rate schedules and service regulations effective for Texas Utilities Electric
Company, provided that, in order to effect uniform systemwide rates, changed rates may
be earlier placed In effect within this municipality to the same extent that changed rates
are earlier placed in effect in all of the other areas served by Texas Utilities Electric
Company but only pursuant to an order of the Public Utility Commission of Texas fixing
interim rates or pursuant to a bond filed with the Public Utility Commission of Texas and
subject to refund to the same extent as authorized by Section 43(e) of the Public Utility
Regulatory Act.
SECTION 3. The filing of the rate schedules and service regulations shall constitute
notice to the consumers of electricity, within this municipality, of the availability and
application of such rate schedules and service regulations.
SECTION 4. Nothing in this Ordinance contained shall be construed now or
hereafter as limiting or modifying in any manner, the right and power of the Governing
Body of this municipality under the law to regulate the rates, operations, and services of
Texas Utilities Electric Company.
SECTION 5. It is hereby officially found and determined that the meeting at which
this Ordinance is passed is open to the public and as required by law and that public notice
of the time, place and purpose of said meeting was given as required.
SECTION 6. An emergency exists necessitating the suspension of any rule requiring
multiple readings of this Ordinance and all multiple readings of this Ordinance are hereby
waived; this Ordinance shall take effect immediately upon its passage.
PASSED AND APPROVED at a Regular Meeting of the City
"1, of the City of Texas, on this the day of
, 1990.
ATTEST: Mayor
Secretary
ORDINANCE NO. 495
AN ORDINANCE OF THE CITY OF SOUTHLAXE, TEXAS, INCREASING
WATER RATES FOR RESIDENTIAL AND COMMERCIAL USERS;
PROVIDING ELDERLY/HARDSHIP RATES FOR RESIDENTIAL
SUBSCRIBERS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Southlake, Texas is
committed to the principal of establishing water rates adequate to
pay the costs of water service provided to subscribers of the
Southlake Municipal Water System, including both operating and debt
service costs; and
WHEREAS, operating costs have increased due to increased costs
for power, personnel, materials and treated water from the City of
Fort Worth; and
WHEREAS, the City Council is of the opinion that the rates for
water service should be increased as hereinafter set out in order
to pay for the costs of such services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLARE, TEXAS:
SECTION 1
That 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:
-1-
% 3-/
/1
RESIDENTIAL SUBSCRIBERS:
I. Subscribers living within the corporate limits of the
City of Southlake:
A. Standard Rate: 1st 2, 000 gallons used 23.00
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! kt 1 00° ('(, j`21419 3.45
B. Elderly/Hardship Rate:
1st 2,000 gallons used 10.00
Each 1,000 gallons or any
portion thereof in excess
of 2,000 gallons used up
to 100, 000 gallons 2.40
Usage in excess of 100,000
gallons (w, k pN J5f0 3. 00
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 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
-2-
/3 _a_
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 36.22
1 1/2" for 1st 5, 000 gallons used 59.80
2" for 1st 7,000 gallons used 83.38
3" for 1st 10,000 gallons used 119.60
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 per 1,000
gallons, or any portion thereof, used.
SECTION 2
This ordinance shall be cumulative of all provisions of
ordinances of the City of Southlake, Texas, except where the
provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting
provisions of such ordinances are hereby repealed.
SECTION 3
It is hereby declared to be the intention of the City Council
that the phrases, clauses, sentences, paragraphs and sections of
this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
-3-
/33 3
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 4
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
, 1990.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 1990.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: / - (7 - 90
ADOPTED:
EFFECTIVE:
c:\slake\ord. 17
-4- / L71
City of Southlake,Texas
MEMORANDUM
January 31, 1990
TO: Curtis E. Hawk, City Manager
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-1.
There were two (2) letters sent to property owners within
200 feet. To date, there havebeen one response. Mr.
Graham offered no opposition to the request.
On January 4 , 1990 , the Planning and Zoning Commission
recommended approval (6-0) of the zoning request for
Commercial-2 .
On January 16 , 1990 , the City Council approved, (5-0) the
First Reading of Ordinance No. 480-12 with the Commercial-1
zoning district per the applicant' s request.
KPG/ew
1 /-
--BEGINNING ----at--a 1/2 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,
288.54 -feet to a 5/8 inch iron rod -found for -corner; --
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 68.59'03" 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 Northline 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 .
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1 / ..4°
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-1 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
Iiir
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,
-2- /.k
Pir
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-1 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
-3- /4- 7
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
-4- X 7°
City of Southlake,Texas
MEMORANDUM
January 31 , 1990
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 89-72 Zoning Change Request
ZA 89-72 is a zoning change and Concept Plan request for a
37.253 acre tract of land out of the James Thornhill Survey,
Abstract No. 1505, Tracts 1C, 1D, and 1L.
The tract is located on the North side of West Continental
Blvd. across from Continental Park Estates.
The owners are Dolores M. White and William D. White.
The current zoning is Agricultural; the requested zoning is
Single Family 20 . OA Residential. This district' s minimum
lot size is 20 ,000 square feet with 1 ,800 square foot house
size minimum.
The Future Land Use Map indicates Medium Density Residential
in this area.
There were thirteen (13) letters sent to property owners
within 200 feet. To date, there has been one response or
regarding this zoning request. Mr. Holistein, 1201 Oakwood
Trail, had concerns about the alignment of Summertree Rd.
and the additional water generated by this development.
On December 21 , 1989 , the Planning and Zoning Commission
approved (6-0) the applicant' s request to table until
January 4 , 1990.
On January 4 , 1990 , the Planning and Zoning Commission
accepted (6-0) the applicant' s request to table until
January 18 , 1990 .
On January 18 , 1990 , the Planning and Zoning Commission
approved (3-1) the applicant' s request to change the zoning
district to. SF 20.0 A and the associated Concept Plan. The
dissenting vote was opposed to the alignment of Summertree
Rd. and the car headlights that would shine into Mr.
Hollsteins' s bedroom windows.
KPG/ew -
15--)
PROPERTY DESCRIPTION
Being several tracts of land out of the James Thornhill Survey, Abstract 1505,
city of Southlake, Tarrant County, Texas, conveyed to William and Dolores
White, by deeds recorded in Volume 7426, Page 1769, and Volume 6844, Page 1840,
Deed Records of Tarrant County, Texas, (D.R.T.C.T. ), and being more
particularly described by metes and bounds as follows:
BEGINNING at the southwest corner of a called five acre tract, said corner
being in the center of County Road No. 3099, more commonly known as
West Continental Blvd. , said point being, by deed call , 990.0 feet
west of the southeast corner of said Thornhill Survey;
THENCE S 89 degrees 58 minutes 19 seconds W, 330.00 feet along said center
to a point for corner, said point being the southeast corner of a
53.11 acre tract of land conveyed to Warren Clark and Associates,
Inc. , by deed recorded in Volume 9646, Page 196, D.R.T.C.T. ;
THENCE N 00 degrees 01 minute 41 seconds W, 1330.86 feet to a point;
THENCE N 00 degrees 09 minutes 39 seconds W, 753.42 feet to a point for
corner, said point being the northeast corner of said 53.11 acre
tract, said point also being in the south boundary line of a tract
of land conveyed to Naomi Ruth Morrison by deed recorded in Volume
5822, Page 328, D.R.T.C.T. ;
THENCE N 89 degrees 56 minutes 14 seconds E, 1263.40 feet to a point for
corner;
THENCE S 00 degrees 08 minutes 46 seconds E, 768.60 feet to a point for
corner;
THENCE N 89 degrees 25 minutes 01 second W, 600.97 feet to a point for
corner;
THENCE S 00 degrees 08 minutes 46 seconds E, 661 .54 feet to a point for
corner;
THENCE S 89 degrees 51 minutes 14 seconds W, 333.67 feet to a point for
corner;
THENCE S 00 degrees 01 minute 41 seconds E, 659.64 feet to the Point of
Beginning and containing 37.253 acres of land.
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- FUTURE 84 R.O.W.AS SHOWN ON CITY THOROUGHFARE MAP . PROPOSED POD(TIMBER LAKE) / . ...
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. , 480-13
AN ORDINANCE AMENDING ORDINANCE NO. 480 , THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY
OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A
37 . 253 ACRE TRACT OF LAND OUT OF THE JAMES
THORNHILL SURVEY, ABSTRACT NO. 1505 , TRACTS 1C,
1D, AND 1L, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL
DISTRICT TO SINGLE FAMILY 20.O#c RESIDENTIAL
DISTRICT IN ACCORDANCE WITH THE EXHIBIT
ATTACHED HERETO AND SUBJECT TO 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) FOR VIOLATIONS OF THE ZONING
ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a homerule City
acting under its Charter adopted by the electorate pursuant to
Article XI , Section 5 of the Texas Constitution and Chapter 9 of
the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 11 of the Local Government Code,
the City has the authority to adopt a comprehensive zoning
ordinance and map regulating the location and use of buildings,
other structures and land for business, industrial, residential and
other purposes , and to amend said ordinance and map for the purpose
of promoting the public health, safety, morals and general welfare,
all in accordance with a comprehensive plan; and
WHEREAS , the hereinafter described property is currently zoned
as Agricultural under the City' s Comprehensive Zoning Ordinance; and
WHEREAS , a change in the zoning classification of said
property was requested by a person or corporation having a
proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council did consider the
following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public
and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights
and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated
by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of
this ordinance for off-street parking facilities; location of
ingress and egress points for parking and off-street loading
spaces, and protection of public health by surfacing on all parking
areas to control dust; effect on the promotion of health and the
general welfare; effect on light and air; effect on the
over-crowding of the land; effect on the concentration of
population; and effect on transportation, water, sewerage, schools,
parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas,
further considered among other things the character of the
districts and their peculiar suitability for particular uses and
the view to conserve the value of the buildings, and encourage the
most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that there is a public necessity for the zoning changes,
that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not
unreasonably invade the rights of those who bought or improved
property with reference to the classification which existed at the
time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that the changes in zoning lessen the congestion in the
streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate
light and air, prevents the over-crowding of land, avoids undue
concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large,
the citizens of the City of Southlake, Texas, and helps promote the
general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
-2- 5 1(
Section 1 . That Ordinance No. 480 , the Comprehensive Zoning
.l Ordinance of the City of Southlake, Texas, passed on the 19th day
of September, 1989 , as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described
areas be altered, changed and amended as shown and described below:
Being approximately a 37 . 253 acre tract of land out of the
James Thornhill Survey, Abstract No. 1505 , Tracts 1C, 1D, and
1L, as more fully and completely described in Exhibit "A, "
attached hereto and incorporated herein.
From Agricultural to Single Family 20 . OB Residential.
Section 2 . That the City Manager is hereby directed to
correct the Official Zoning Map of the City of Southlake,' Texas, to
reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or
tracts of land herein above described shall be subject to all the
applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of
Southlake, Texas. All existing sections, subsections, paragraphs,
sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified,
verified and affirmed.
Section 4 . That the zoning regulations and districts as
herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been
designed, with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable
future; to lessen congestion in the streets; to provide adequate
light and air; to prevent over-crowding of land; to avoid undue
concentration of population; and to facilitate the adequate
provision of transportation, water, sewerage, drainage and surface
water, parks and other commercial needs and development of the
community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character
of the district and its peculiar suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 5 . That this ordinance shall be cumulative of all
other ordinances of the City of Southlake, Texas ," affecting zoning
and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are
in direct conflict with the provisions of this ordinance.
Section 6 . That the terms and provisions of this ordinance
shall be deemed to be severable and that if the validity of the
zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall
not affect the validity of the zoning of the balance of said tract
or tracts of land described herein.
-3- 15--/ oZ
Section 7 . That 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) . A separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
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
-4- ! 5, /3
City of Southlake,Texas
MEMORANDUM
January 31 , 1990
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator \,
SUBJECT: ZA 89-73 Preliminary Plat of Southlake Hills
ZA 89-73 is the Preliminary Plat of Southlake Hills, 37.253
acres out of the James Thornhill Survey, Abstract No. 1505,
Tracts 1C, 1D, and 1L.
The tract is located on West Continental Blvd. across from
Continental Park Estates.
The owners of the property are Dolores M. White and William
D. White. The applicant is Dale Poe Development Corporation
of Texas, Inc.
The proposed zoning is Single Family 20. OA residential.
There were thirteen (13) letters sent to property owners
within 200 feet. To date, there has been one response. Mr.
Hollstein, 1201 Oakwood Trail, was opposed to this
Preliminary Plat due to his concerns about the drainage from
North to South. This additional runoff would impact
Continental Park Estates.
On December 21 , 1989, the Planning and Zoning Commission
approved (6-0) the applicant' s request to table until
January 4, 1990.
On January 4 , 1990 , the Planning and Zoning Commission
approved (6-0) the applicant' s request to table until
January 18 , 1990 .
On January 18 , 1990, the Planning and Zoning Commission
approved (3-1) the Preliminary Plat as submitted. They had
concerns about the alignment of Summertree Road and Oakwood
Trail being less than the required 125 feet per Section
5. 03 D in Ordinance No. 483. They allowed the plat to move
forward citing Council' s ability to vary the requirement per
Section 9 . 01.
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City of Southlake,Texas
MEMORANDUM
January 31 , 1990
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 89-77 Final Plat of Timber Lake, Section I
ZA 89-77 is the Final Plat of Timber Lake, Section I, Phases
I and II, 85.7451 acres out of the John Bailey Survey,
Abstract No. 97 and the P.J. Hyde Survey, Abstract No. 667.
The property is located on the South side of West Southlake
Blvd. between South White Chapel Blvd. and South Peytonville
Avenue.
The owner of the tract is Southlake Joint Venture.
The current zoning is Planned Unit Development (PUD) for
residential use.
The developer proposes 165 residential lots in Section I.
No additional letters were required to be sent.
On January 18 , 1990 , the Planning and Zoning Commission
approved (4-0) the Final Plat of Timber Lake subject to the
City Engineer' s letter dated January 11 , 1990 and the Nelson
Corporation' s response letter of January 16 , 1990 .
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City of Southlake,Texas
MEMORANDUM
January 31 , 1990
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 89-78 Final Plat of Carrick Press Addition
ZA 89-78 is the Final Plat of Carrick Press Addition, a 3. 00
acre tract out of the Thomas Easter Survey, Abstract No. 474
and the Samuel Freeman Survey, Abstract No. 525.
The tract is located on the South side of E. Southlake Blvd.
across from Bluebonnet Drive.
The owner of the property is C.0 Hall, Jr. The applicant is
Carrick Press.
The zoning is Commercial-3. The proposed use is for a
printing company.
No additional letters were required to be sent.
On January 18 , 1990 , the Planning and Zoning Commission
approved (4-0) the Final Plat of Carrick Press Addition per
the City Engineer' s letter dated January 11 , 1990 .
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City of Southlake,Texas
MEMORANDUM
February 2 , 1990
•
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: RFP For Water and Wastewater Rate Study and
Space Utilization Study of Southlake City Hall
Attached are the Request For Proposals for the Water and
Wastewater Rate Study and the Space Utilization. Study of
Southlake City Hall.
Many times, Water and Wastewater Rate Studies are performed
simultaneously to reduce costs if performed concurrently.
Even though the City of Southlake sewer infrastructure is
just starting, it would be to the City' s advantage to start
out properly structuring it' s wastewater rate base. If
funds are available, the successful consultant will perform
the water and wastewater rate study. If funds are not
available to perform both studies, only a water rate study
will be performed.
The Space Utilization Study generally will analyze and
evaluate existing and future manpower vs. space requirements
and project the time and size for a new City Hall. Please
place these two items on the February 6 , 1990 City Council
agenda for action.
th IQ
MHB/ew
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City of Southlake,Texas
CITY OF SOUTHLAKE
REQUEST FOR PROPOSAL
WATER AND WASTEWATER RATE STUDY
I. GENERAL:
The City of Southlake is requesting proposals from qualified
fianancial planning or engineering firms to perform a
comprehensive financial analysis of the City' s Utility System,
which consists of both water and wastewater services and
facilities. The study is intended to achieve the following
goals:
A. Development of a rate structure that will assure adequate
revenues through user charges to recover the operational,
debt and other costs of the system and to meet the ,
coverage ratios and other requirements in the City' s bond
covenants; and to establish a structure that is
equitable, fair, non-descriminatory, competitive, simple
and encourages conservation of resources.
B. Development of a personal computer rate model, customized
to the particular requirements of the City' s Finance
Department, that will enable the staff to continuously
monitor the adequacy of the rate structure to ensure that
it is meeting the first goal. Software package shall be
designed for compatibility with Southlake' s computer
capabilities and for use in future rate studies.
C. Development of the rate structure will be in compliance
with the Texas Public Utility Commission, Environmental
Protection Agency, Texas Water Commission, and the
American Water Works Association and bonding requirements
and/or recommendations.
II. GENERAL INFORMATION:
A. Water: The City of. Southlake is being served with
water by the City of Ft. Worth. The water system serves
approximately 6 ,000 people and has approximately 2 , 000
accounts. There are approximately seven (7) major
developments that are planned or under construction at
the present time with a projection of approximately 200
homes to be built for the next several years. The City
has recently adopted a comprehensive zoning ordinance
that allows for controlled growth for residential,
commercial and industrial markets .
-1-
V
• City of Southlake,Texas
B. Sewer: In October of 1990 , the Trinity River
Authority will complete the Big Bear Interceptor sewer
line that will serve the southern half of Southlake. The
northern half will be served by a pressure system that
will be constructed as growth dictates. Presently, two
trunk lines are either being designed or constructed to
serve two drainage basins in the southern half of
Southlake that will tie to the Big Bear Interceptor.
C. Available Documents: The contractor will have access
to or be provided any documentation needed, that the City
has in it' s files, to properly evaluate the water and
sewer rates for the City' s system. The City of Southlake
is presently under contract with an engineering
consulting firm to establish a Water and Sewer Impact Fee
Ordinance. This study is due to be completed in June
1990 and will be available to the contractor.
III. SCOPE OF SERVICES:
Full and complete analysis of the current cost of operation of
the System in order to allocate cost between water and
wastewater and to develop methodology to project current costs
based on growth in the customer base, cost adjustments from
contractual obligations and other commitments of the City and
issuance of additional debt.
Presentation to City Council and staff of various rate
structure methodologies and alternatives that will satisfy the
goals listed above. Staff and Council will provide direction
to the firm on which alternatives to utilize in the
development of the revenue generating portion of the analysis.
The development of a multi-year (five year) financial plan for
use with the City' s personal computer system that will enable
the City to fund the expenses of the system, meet required
working capital and debt reserve requirements and comply with
all legal and financial coverage ratios stipulated in bond
requirements. The model must contain sufficient detail to
allow the user to alter any factor that would affect the
calculation of rates. It must also calculate the various
tests for rate adequacy including but not limited to working
capital reserve, coverage ratios and degree of adequacy of the
water and wastewater rates individually. The model must be
permanently available to the City for its staff members in the
use of the model.
The consultant shall analyze carefully the future revenue
requirements, taking into consideration planning and technical
reports prepared by the City, Cheatham & Associates, and the
-2-
/?3
City of Southlake,Texas
proposed Impact Fee Ordinance. Analysis of future operating
costs must be conducted, taking into consideration state and
national water quality regulations, energy costs, etc. A
recommended rate of return on investment should be provided.
The Consultant shall conduct a cost of service study for the
Water, Wastewater Collection and Wastewater Treatment
divisions to determine the proper rate structure for each
class of customer. Customer classes shall be of similar
description to current rate-making practices of area utilities
and the State Regulatory Commissions to the extent that such
classes are applicable to the City of Southlake' s water and
wastewater and gas systems. Rates shall be recommended that
properly establish user charges and industrial cost recovery.
The Consultant shall review the existing and proposed
contracts between the City of Southlake and Ft. Worth and
evaluate if contractual terms with respect to rates are
adequate to meet current cost of service as well as future
cost of service.
The Consultant shall investigate the feasibility of impact
fees and determine the effect of such a system instead of
future utility rate increases.
It is the intent of the City to have the consultant perform a
water and wastewater rate study. However, if during the
negotiations with the successful consultant the projected fee --
for the water and wastewater study is more than the budgeted
amount, then only a water rate study will be performed.
IV. INFORMATION TO BE SUBMITTED:
The City believes that qualified firms must be successfully
experienced in performing water and wastewater rate studies
for municipalities and in the creation of water and wastewater
rate models. Proposals from qualified firms must include the
following information as a minimum in order to be considered
for the study:
A. Qualifications of the firm and the office locations that
would be involved in the study.
B. Qualifications of personnel involved in the study.
C. A list of water and wastewater studies performed in the
last ten years.
D. Firms are encouraged to submit a summary example of one
water and wastewater rate model they have developed.
E. List of references , (names, addresses, contact person,
and telephone number, date and project description) for
whom the same type of work has been performed.
F. Firm should provide summary of the work plan, approach,
tasks and a brief outline of information required from
City staff.
-3-
City of Southlake,Texas
G. Detailed schedule for the completion of the study. This
should include the name of the individuals involved,
estimated hours for each subdivided into the various
phases of the project. The firm should provide a billing
schedule.
V. SUBMITTAL DATE AND REQUIREMENTS:
Ten copies of the proposal should be delivered to the Office
of the City Secretary no later than 10: 00 a.m. on Tuesday,
February 27 , 1990.
Proposals shall be directed to the following:
Sandra L. LeGrand, City Secretary
667 N. Carroll Avenue
Southlake, Texas 76092
VI. SELECTION PROCESS:
Firms will be evaluated based on the following criteria:
A. Experience in similar types of projects for other
cities.
B. Ability to perform the study in a timely manner.
C. Personnel assigned to the study.
All proposals will be reviewed and evaluated by staff and
three finalists will be selected for personal interviews. The
finalists are requested to appear before the City Council to
present their proposals.
The City reserves the right to evaluate each proposal on a
separate and individual basis, to invite selected firms to
make personal presentations to staff and/or City Council and
to reject any and all proposals submitted.
The City Council shall contract with the firm whose proposal
is most advantageous to the City, taking into consideration
the evaluation factors set forth in this Request for Proposal.
It is anticipated that the selected firms will make their
presentations to, the City Council on March 6 , 1990 , and the
final selection will be made by the City Council on March 20 ,
1990 .
-4-
/ G5—
•
City of Southlake,Texas
CITY OF SOUTHLAKE
REQUEST FOR PROPOSAL
SPACE UTILIZATION STUDY FOR SOUTHLAKE CITY HALL
I. GENERAL:
The City of Southlake is requesting proposals from qualified
architects/engineers to analyze and evaluate existing and
future manpower vs. space requirements. The study is intended
to achieve the following:
A. Review and evaluate existing manpower vs. space
' requirements according to general accepted practices.
B. Develop and recommend additional space requirements for
the next five (5) years based on projected personnel
requirements.
C. Evaluate the need for a new City Hall.
II. GENERAL INFORMATION:
The City of Southlake is located adjacent to and south of
Grapevine Lake between the city of Grapevine on the east and -
the cities of Westlake and Keller on the west. The City is
experiencing a tremendous growth rate presently and it is
anticipated this growth rate to continue through the 1990 ' s.
Southlake has a population of approximately 6,500 and is
primarily a residential community. There are. .approximately 63
employees working out of one centralized building of
approximately 13 ,000 square feet located on 3. 0 acres. This
building also houses the police and fire departments. City
Hall is centrally located on North Carroll Road between State
Highway 114 and FM 1709.
III. SCOPE OF SERVICES:
The scope of services shall include but not be limited to the
following items :
A. Consultant will analyze and evaluate existing space
utilization presently used by existing employees and make
appropriate recommendations for the most effective and
productive utilization of existing space conditions by
moving departments from one section of the building to
another or adding additional space.
`l
-1-
City of South lake,Texas
B. If additional space is required, the consultant will
provide plan view drawings showing proposed location of
expansion, alternate methods of construction, and
projected cost estimates of alternatives. Type of
expansion should not be limited to existing site.
C. Consultant will familiarize themselves with the layout of
the City of Southlake and recommend possible satellite
fire station sites.
D. Consultant will analyze and evaluate the need for a new
City Hall and recommend the following:
1) Projected size and date for new City Hall building
2) Site and location of new City Hall building
including acreage required for building, parking
requirements, etc.
3) Utilization of existing City Hall (including
additional space requirements recommended in this
report) after a new City Hall is built
IV. INFORMATION TO BE SUBMITTED:
The City believes that qualified firms must be sucessfully
experienced in performing space utilization studies for
minicipalities. Proposals from qualified firms must include
the following information as a minimum in order to be
considered for the study:
A. Qualifications of the firm and the office locations that -
would be involved in the study.
B. Qualifications of personnel involved in the study.
C. A list of space utilization studies performed in the last
ten years.
D. Firms are encouraged to submit a summary example of one
space utilization study they have performed.
E. List of references, (names, addresses, contact person,
and telephone number, date and project description) for
whom the same type of work has been performed.
F. Firm should provide summary of the work plan, approach,
tasks and a brief outline of information required from
City staff.
G. Detailed schedule for the completion of the study. This
should include the name of the individuals involved,
estimated hours for each subdivided into the various
phases of the project. The firm should provide a billing
schedule.
-2-
/ ?
City of Southlake,Texas
V. SUBMITTAL DATE AND REQUIREMENTS:
Ten copies of the proposal should be delivered to the Office
of the City Secretary no later than 10 : 00 a.m. on Tuesday,
February 27 , 1990 .
Proposals shall be directed to the following:
Sandra L. LeGrand, City Secretary
667 N. Carroll Avenue
Southlake, Texas 76092
VI. SELECTION PROCESS:
Firms will be evaluated based on the following criteria:
A. Experience in similar types of projects for other
cities.
B. Ability to perform the study in a timely manner.
C. Personnel assigned to the study.
All proposals will be reviewed and evaluated by staff and
three finalists will be selected for personal interviews. The
finalists are requested to appear before the City Council to
present their proposals.
The City reserves the right to evaluate each proposal on a
separate and individual basis, to invite selected firms to
make personal presentations to staff and/or City Council and
to reject any and all proposals submitted.
The City Council shall contract with the firm whose proposal
is the most advantageous to the City, taking into
consideration the evaluation factors set forth in this Request
for Proposal.
It is anticipated that the selected firms will make their
presentations to the City Council on March 6 , 1990 and the
final selection will be made by the Council on March 20 , 1990.
-3-
Dec. 15 '89 16:51 00E0 TRINITY RIVER AUTHORITY TEL1—B17-465-0970 PAGE 02/09
TRINITY RIVER AUTHORITY OF TEXAS
BIG BEAR CREEK INTERCEPTOR EXTENSION PROJECT
THE STATE OF TEXAS I
COUNTY OF TARRANT I
This Agreement is made by and between the Trinity River Authority of
Texas (hereinafter called "AUTHORITY"), a governmental agency, conservation
and reclamation district and body politic and corporate, created by Chapter
518, Acts of Regular Session of the 54th Texas Legislature pursuant to
Article XVI, Section 59 of the Texas Constitution, with its principal
office at 5300 South Collins, Arlington, Tarrant County, Texas and the
Cities of Fort Worth, Keller, North Richland Hills, and Southlake, Texas
(hereinafter collectively called "CITIES"), each of which being home-rule
municipal corporations of Tarrant County, Texas, with principal offices
located within their respective jurisdictions in Tarrant County, Texas.
WITNESSETH:
WHEREAS, AUTHORITY owns and operates the Central Regional Wastewater
System (hereinafter called "SYSTEM"), which provides for the transportation
and treatment of wastewater flows generated within all or parts of twenty
(20) Contracting Parties, four of which are the CITIES; and
WHEREAS, AUTHORITY has entered into a separate Contract dated the 25th
day of February, 1987, with CITIES which provides for AUTHORITY'S
financing, design, land acquisition for, and construction of the Big Bear
Creek Intercept:r Wastewater System Project (hereinafter called "PROJECT");
and
WHEREAS, said PROJECT Contract was structured in part to establish a
means of proportionately dividing the total costs of the PROJECT based upon
each of the CITIES' respective areas lying in the Big Bear Creek drainage
area such that each of the CITIES' share of the project costs are defined
as follows;
(Page 1 of 4)
Dec. 15 '89 16:51 0000 [KINiIY K1vtJ nuinurii —' "" --
CITY SHARE OF COSTS
Fort Worth 25.80%
Keller 40.03%
North Richland Hills 0.80%
Southlake 33.37%; and
WHEREAS, each of the CITIES' share of PROJECT costs are equal to each
of the CITIES'respective share of capacity in the PROJECT; and
WHEREAS, each of the CITIES reserve the right to enter into contracts
with any other city or other party of the SYSTEM for the use of any part of
the capacity of the PROJECT to which any of the CITIES has a right and
which right is not being used, but no such contract shall relieve any of
the CITIES of its primary obligation to make the payments to the AUTHORITY
required under the PROJECT; and
WHEREAS, subject to the terms and provisions of the PROJECT Contract,
the AUTHORITY will provide and pay for the Cost of the acquisition and
construction of the Interceptor System by using its best efforts to issue
its Bonds in amounts which will be sufficient to accomplish such purpose,
and the AUTHORITY will own the PROJECT and said Contract does not, and was
not intended to cover or prescribe any matters relating to the operation
and maintenance of the PROJECT and the responsibility and cost thereof was
to be contained in other agreements; and
WHEREAS, AUTHORITY and CITIES desire the cost distribution for the
PROJECT remain the same but that the capacity rights of each of the CITIES
be combined and conveyed to AUTHORITY'S SYSTEM, in exchange for which the
SYSTEM would assume operation and maintenance responsibilities of the
PROJECT as an extension of the SYSTEM Interceptor System; and
WHEREAS, this Agreement is to establish the rights, privileges, and
obligations of the AUTHORITY and the CITIES regarding the PROJECT.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein contained, CITIES and AUTHORITY hereby agree as follows:
Id a "c
(Page 2 of 4)
ARTICLE I
Each of the CITIES hereby convey each of its respective capacity
rights in the PROJECT to AUTHORITY as an asset of the AUTHORITY'S SYSTEM,
in consideration for which the AUTHORITY'S SYSTEM will operate and maintain
the PROJECT for the benefit of the CITIES as an expense of the SYSTEM.
•
ARTICLE II
AUTHORITY covenants that it will operate the PROJECT in accordance
with requirements of the Federal Water Pollution Control Act, as amended,
and as said act may be amended in the future, and any rules and regulations
issued and to be issued by appropriate agencies in the administration of
the said Act and as stated in the AUTHORITY'S SYSTEM Contracts with the
CITIES.
ARTICLE III
The AUTHORITY and the CITIES intend that nothing in this AGREEMENT
shall be construed to alter any other provisions within the PROJECT
Contract and this Agreement shall be construed in harmony with the PROJECT
Contract.
IN WITNESS WHEREOF, the parties hereto acting under authority of their
respective governing bodies have caused this Agreement to be duly executed
in several counterparts, each of which shall constitute an original, all as
of this day of , 19 which is the date
of this Agreement.
TRINITY RIVER AUTHORITY OF TEXAS
DANNY F. VANCE, General Manager
ATTEST:
Secretary, Board of Directors
(SEAL)
(Page 3 of 4)
CITY OF FORT WORTH, TEXAS
City Manager
ATTEST:
City Secretary
(CITY SEAL)
APPROVED AS TO FORM AND LEGALITY
City Attorney
CITY OF KELLER, TEXAS
Mayor
ATTEST:
City Secretary
(CITY SEAL)
CITY OF SOUTHLAKE, TEXAS
Mayor
ATTEST:
City Secretary
(CITY SEAL)
CITY OF NORTH RICHLAND HILLS, TEXAS
Mayor
ATTEST:
City Secretary
(CITY SEAL)
-- / ( (Page 4 of 4)
MEMORANDUM
February 2 , 1990
i
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Timber Lake Developers Agreement
Attached is the Timber Lake Developers Agreement to be
placed on the agenda for the February 6 , 1990 City Council
meeting.
If there are any questions, please contact me.
kW
MHB/ew
Attachment I P a'1A-S 6, -t it .,• I
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-I
MEMORANDUM
February 2 , 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Timber Lake Developers Agreement
Attached is the Timber Lake Developers Agreement to be
placed on the agenda for the February 6 . 1990 City Council
meeting.
If there are any questions, please contact me.
'110
MHB/ew
Attachment
•
at--(
C.aiy oT.7ouinlake, I exas
TIMBER LAKE SECT. I 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 Timber Lake Sect. I
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 165
lots contained within the Timber Lake Section I Subdivision and to
the offsite improvements necessary to support the subdivision.
Timber Lake Sect. I is to be constructed in two phases; Phase One
being 91 lots and Phase Two being 74 lots.
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
Timber Lake Sect. I 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 10% of the lots
within each construction phase after installation of
water mains adjacent to those lots, as noted above
for residential permits. Framing shall not commence
until water quality is approved by the City. 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 performance
bond and payment bond guaranteeing and agreeing to
pay an amount equal to 100% of the value , of the
construction cost of all of the facilities to be
constructed by the Developer, and providing for
payment to the City of such amounts, up to the total
remaining amounts required for the completion of the
subdivision if the Developer fails to complete the
-1-
atr-0Z_
Vlly VI ouUuuu rep 1eAcm
work. The value of the performance bond will reduce
at a rate consistent with the amount of work that
has been completed by the Developer and accepted by
the City. Performance and payment bond from the
prime contractors will be acceptable in lieu of
Developer' s obligations specified above.
D. The Developer agrees to furnish to the City
maintenance bonds amounting to 100% 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 Timber Lake Sect. I.
E. Until the performance and payment bonds 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
IN 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
11 b Qv 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
I 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 :
` � �— -2-
airy or aourniake, i exas
• 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 City will pay the
following testing fees and the Developer will
be responsible to pay for all other testing
fees required by the City not listed below:
a) All nuclear density tests on the
roadway subgrade (95% Standard) .
Trench testing (95% Standard) shall
be paid by the Developer
b) All gradation tests required to
insure proper cement and/or lime
stabilization
c) Technicians time for preparing
concrete cylinders
d) Concrete cylinder tests and concrete
coring samples
Charges for retesting as a result of failed
tests will be paid by the Developer. Fees are
payable prior to construction of each phase,
based on actual bid construction costs.
The Developer will be responsible to pay for
all inspection fees when inspection is required
on Saturday or Sunday. These fees are
considered over and above the 3% inspection fee
as stated above. Acceptance of the project
will not be given until all inspection fees are
paid.
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.
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 or Builder fail in this
responsibility, the City may contract for this
service and bill the Developer 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.
-3-
�f_ 7
• City of Southlake,Texas
Any guarantee of payment. instrument (Performance
Bond, Letter of Credit, Setaside Letter, etc. )
submitted by the Developer or Contractor on a form
other than the one which has been previously
approved by the City as . "acceptable" shall be
submitted to the City Attorney 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.
I. FACILITIES:
A. ON SITE WATER:
The Developer hereby agrees to install water
facilities to service lots as shown on the final
plat of Timber Lake Sect. I 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
-4-
City of Southlake,Texas
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 Timber Lake
Sect. I residential development of the Cit of
Sout ace s a 1 conform to the requirements in
rdinance No.. 217 Streets will beta led
in accord ce wit plans and specifications to
be prepared by the Developer' s engineer and
approved by the City Engineer.
2. The Developer will be responsible for: a)
Installation and two years operation of street
lights; b) Installation of all street signs
designating the names of the streets inside the
subdivision, said signs to be of a type, size,
color and design standard generally employed by
the Developer and approved by the City in
accordance with City ordinances; c)
Installation of all regulatory signs
recommended by the Manual on Uniform Traffic
Control Devices and as directed by an
engineering study performed by the Director of
Public Works.
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.
-5-
City of Southlake,Texas
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 Timber Lake Sect. I 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 acknowledge and agree
that at the present date there are sanitary sewer
treatment facilities available via the Colleyville
Interceptor to the Trinity River Authority' s Central
Treatment Plant. The City of Southlake has entered
into a cooperative agreement with the City of
Colleyville to secure a limited capacity of sanitary
sewer flows through their pipe line to the Central
Treatment Plant of the Trinity River Authority. _
There is sufficient capacity in the ColleyviTie _
Interceptor for Phase I & II of Section I of the
Timberlake Subdivision. The City has also entered
into an agreement with the Arvida Developers to
install a sewer trunk line (Sanitary Sewer Trunk
Line S-4) from the Colleyville line to the Arvida
_development. This trunk line traverses the
Timberlake project and the developer of the '
Timberlake project has granted a twenty foot sewer'
easement for the trunk line. The Developer agrees"
to pay their proportionate share of the total cost
of the S-4 trunk line based on the recently adopted
Sewer Pro-Rata Ordinance. The Pro-Rata share may be
paid separately for Phase one and Phase Two, as each
phase develops. The pro rata charges shall be
payable prior to the final acceptance of each phase
of Sect. I , Timber Lake Subdivision •ay the .
City of Southlake
-6-
•
City of Southlake,Texas
B. PERIMETER STREET ORDINANCE:
The perimeter street ordinance does not apply to
Timber Lake Section One since the property does not
abut substandard perimeter roadways, other than
State Highway facilities.
OC. PARR ORDINANCE:
The dedication requirements of the Park Ordinance do
not apply to Timber Lake Section One. The developer
will conform to the requirements of Planned Unit
Development restrictions as they relate to open
space and recreational facilities.
IC
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER: SOUTHLAKE JOINT VENTURE .
By:
Title:
Date:
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
ATTEST:
Sandra LeGrand, City Secretary
Date:
-7-
Vllr VI •7VYUIIaR10, IQAaa
•
•
MEMORANDUM
j February 2, 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: .SouthRidge Lakes Phase II Developers Agreement
Attached is the SouthRidge Lakes Phase II Developers
Agreement to be placed on the agenda for the February 6,
1990 City Council meeting.
If there are any questions, please contact me.
61/170
MHB/ew
( 1
City of Southlake,Texas
SOUTHRIDGE LAKES PHASE II 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 SouthRidge Lakes Phase II
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 73
lots contained within the SouthRidge Lakes Phase II 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
SouthRidge Lakes Phase II. 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 10% of the lots
within Phase II after installation of the water and
sewer mains. Framing shall not commence until water
quality is approved by the City. The Developer
N 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 performance
bond and payment bond guaranteeingand agreeing to
pay an amount equal to 100% of the value of the
construction cost of all of the facilities to be
constructed by the Developer, and providing for
payment to the City of such amounts , up to the total
remaining amounts required for the completion of the
subdivision if the Developer fails to complete the
-1-
02
Lily 01 o0U1111du e, 1@JCdS
work. The value of the performance bond will reduce
at 'a rate consistent with the amount of work that
has been completed by the Developer and accepted by
the City. Performance and payment bond from the
prime contractors will be acceptable in lieu of
Developer' s obligations specified above.
D. The Developer agrees to furnish to the City
maintenance bonds amounting to 100% of the cost of
construction of underground utilities and for the
k
paving. These maintenance bonds will be for a
P
period of Two (2) years and will be issued prior to
°`)1) the final City acceptance of the subdivision. The
maintenence bonds will be supplied to the City by
V 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 SouthRidge Lakes Phase II.
E. Until the performance and payment bonds 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:
I
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02 3
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 City will pay the
following testing fees and the Developer will
be responsible to pay for all other testing
fees required by the City not listed below:
a) All nuclear density tests on the
roadway subgrade (95% Standard) .
Trench testing (95% Standard) shall
be paid by the Developer
b) All gradation tests required to
insure proper cement and/or lime
stabilization
c) Technicians time for preparing
concrete cylinders
d) Concrete cylinder tests and concrete
coring samples
Charges for retesting as a result of failed
tests will be paid by the Developer. Fees are
payable prior to construction of each phase,
based on actual bid construction costs.
The Developer will be responsible to pay for
all inspection fees when inspection is required
on Saturday or Sunday. These fees are
considered over and above the 3% inspection fee
as stated above. Acceptance of the project
will not be given until all inspection fees are
paid.
/ / To delay connection of buildings to service
J 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
/ ►..``Iextends to the completion of the off-site sewer
`'4 �� designed to provide sanitary sewer service to
l this project.
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 or Builder fail in this
responsibility, the City may contract for .this
service and bill the Developer 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.
02 02 —
I. Any guarantee of payment instrument (Performance
Bond, Letter of Credit, etc. ) submitted by the
Developer or Contractor on a form other than the one
which has been previously approved by the City as
"acceptable" shall be submitted to the City Attorney
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.
I. FACILITIES:
A. ON SITE WATER:
The Developer hereby agrees to install water
facilities to service lots as shown on the final
plat of SouthRidge Lakes Phase II 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
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(QrX-S
vny VI .7Vutnlana, I CJACIO
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 SouthRidge Lakes
Phase II residential development of the City
of Southlake shall conform to the requirements
in Ordinance No. 217d 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: a)
Installation and two years . operation of street
lights; b) Installation of all street signs
designating the names of the streets inside the
subdivision, said signs to be of a type, size,
color and design standard generally employed by
the Developer and approved by the City in
accordance with City ordinances; c)
Installation of all regulatory signs
recommended by the Manual on Uniform Traffic
Control Devices and as directed by an
engineering study performed by the Director of
Public Works.
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.
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• city of South lake, I exas
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 SouthRidge Lakes Phase II
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. OFF - SITE SEWER:
The Developer by previous agreement (Developers
Agreement Phase I SouthRidge Lakes) with the City
has agreed to install an off-site sanitary sewer
line S-4 from Big Bear Creek to the SouthRidge Lakes
development site that will serve all of the proposed
SouthRidge Lakes Development. Plans and
specifications for this sewer line have been
completed and construction is planned to start
sometime in February. The S-4 sewer line will tie
into the Colleyville sewer line until the Big Bear
Interceptor is completed in October of 1990, at
which time the line will be connected to the Big
Bear Interceptor. The City of Southlake and
Colleyville have recently entered into an agreement
for the City of Colleyville to serve the City of
Southlake with sewer service until the Big Bear
Interceptor is completed. There is sufficient
capacity in . the Colleyville sewer line to serve
Phases I and II of the SouthRidge Lakes Subdivision.
It is anticipated that the off-site sewer line S-4
will be completed prior to the completion and
acceptance of SouthRidge Lakes Phase II. The
Developer and City agree that no Certificate of
Occupancy (C.O. ) permits wil be granted until the
sanitary sewer line S-4 is completed and accepted by
the City.
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aa-2
City of Southlake,Texas
B. PERIMETER STREET ORDINANCE:
I The perimeter street ordinance does not apply to
SouthRidge Lakes Phase II.
C. PARK ORDINANCE:
The dedication requirements of the Park Ordinance do
not apply to SouthRidge Lakes Phase II.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER: ARVIDA/JMB PARTNERS, L.P.-II
By:
Title:
Date:
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
ATTEST:
Sandra LeGrand, City Secretary
Date:
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City of Southlake,Texas
MEMORANDUM •
•
• i
IEMOMMOMM
February 2 , 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: SouthRidge Lakes Phase I Developers Agreement
In the SouthRidge Lakes Phase I Developers Agreement, there
are three issues that remain to be addressed. One of those
issues has been addressed and the other two need City
Council action. The issues are:
1. Reimbursement of off-site sewer facilities
2. Reimbursement of oversizing water mains
3. Perimeter Street Policy
1. Reimbursement of off-site sewer facilities:
This issue has been addressed by the City Council
adopting a Sewer Prorata Ordinance that allows a
developer to install an off-site sewer line to serve
ois development and recover the cost of the sewer line
ver a ten year period and recover oversizing costs
within a five year period.
This Ordinance will be applied to each development that
ties into the sewer line built by the SouthRidge Lakes
Developer and the monies collected by the City based on
the Sewer Prorata Ordinance will be reimbursed to the
SouthRidge Lakes Developer.
2. Reimbursement of oversizing of water mains:
There has been a policy in the past for the City to pay
the difference in the cost of a 12" water line and an
8" water line. That is a common practice because most
developments could be adequately served with an 8"
water line.
For Phase I only of So r"•i:'• - Lakes , the difference
in cost between a 12" water li e verses an 8" water
line is approximatel : $27 ,500 .
If the City Council oses to adopt this policy, it is
recommended that the m. .ey b- paid to the developer
through the crediting of either platting or inspection
fees.
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City of Southlake,Texas
Curtis E. Hawk, City Manager
Page 2
February 2 , 1990
3. Perimeter Street Policy:
On January 2 , 1990 , the City Council adopted a .
Perimeter Street Ordinance that requires a developer,
as a minimum, to pay_ for the upgrading of any perimeter
street that abuts the land being developed at cost of
$50,000 per mile of street or improve the perimeter
street with 2" of HMAC and 6" stabilized subgrade to a
width of 24 feet.
SouthRidge Lakes entire development plan abuts
approximately 5,300 linear feet of street along
Peytonville (4,900 ' ) , Shady Oaks (400' ) , which amounts
to approximately $51 ,136 as required by the Ordinance.
SouthRidge Lakes Developers have requested that they
not be charged the perimeter street fee, as required by
the Ordinance, because of the proposed boulevard
(SouthRidge Parkway) that will be installed at not cost
to the City. The boulevard will have two 25' divided,
lanes with two 20 ' access lanes which prohibits direct
entry to homes from SouthRidge Parkway.
In summary, the City Council needs to act on the
following issues: .
1. Approve or disapprove the reimbursement of paying..
the cost difference between 12" and 8" water lines.
2. To allow the additional paving of SouthRidge
Parkway to compensate for the fee calculated by
the Perimeter Street Ordinance for Peytonville and
Shady Oaks.
Please place these items en the next City Council
agenda fer their consideration.
Map
MHB/ew
I
t;iry or aouinuaice, i exas
MEMORANDUM • •
February 2, 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Street Light Ordinance
Attached is a proposed Street Light Ordinance that was
modified from the City of Ft. Worth' s Street Light Policy.
It should be noted that this Ordinance requires the
Developer to pay for the installation of all street lights
required or approved in his or her subdivision and requires
the developer to pay for the first two (2) years of
operation.
Please place this on the City Council' s February 6 , 1990
agenda as a discussion item. If there are any questions,
please contact me.
441i/D4
MHB/ew
ot
City of South lake,Texas
ORDINANCE FOR STREET LIGHT INSTALLATION
SOUTHLAKE, TEXAS
The following policy shall govern all street light installations
within the city limits of Southlake, Texas.
I. GENERAL:
(A) The Director of Public Works shall specify the equipment
and material which will be acceptable for all . street
lighting projects.
(B) All designs , plans, and specifications for street light
installations shall be reviewed and, approved by the
Director of Public Works. Requests for approval of
designs other than the City' s minimum standard design
must be made in writing to the Director of Public Works.
II. STREET LIGHTING ON ALL STREETS:
(A) Street lighting may be installed on local streets:
1 . At all intersections.
2. At the end of all cul-de-sac and dead-end streets
longer than 100 feet.
3. At all 90 degree changes in direction of the roadway.
4. At mid-block if the block is longer than 1200 feet.
Mid-block lights will be equally spaced within the
block.
(B) The minimum standard design for local streets shall
consist of a mast-arm mounted, 100 watt high pressure
sodium or 175 watt mercury vapor luminaire, mounted at a
28 foot height above the roadway surface on a steel pole,
using aerial or underground wiring.
(C) Existing utility poles may be used when available at the
proper locations.
III . STREET LIGHTING ON STATE FRONTAGE/SERVICE ROADS:
Street light installation on any frontage road, service road,.
or other roadway adjacent to an Interstate Highway, U.S.
Highway, State Highway, or County Road will be determined by
the Director of Public Works on an individual basis according _
to current American National Standards Institute (ANSI)
criteria.
y
City of Southlake,Texas
IV. ENGINEERING AND INSPECTION:
(A) Street lighting installations shall be in accordance with
design criteria developed by the current American
National Standards Institute (ANSI) .
(B) The developer shall furnish to the City of Southlake, at
his sole expense, an exhibit plat at a standard
engineering scale of the proposed street layout design.
The proposed street layout design must be approved by the
Director of Public Works before construction of street
lights can begin.
(C) The developer shall provide all necessary utility
easements required for the street lighting system on the
final plat.
V. CONSTRUCTION:
(A) Installation of street lighting facilities shall be by a
contractor employed by the developer or an Electric
Utility Company which has been approved by the Director
of Public Works.
(B) The developer' s contractor or an Electric Utility Company
shall contact the Director of Public Works to obtain a
work order prior to starting any construction.
(C) The developer' s contractor shall provide electrical
service to each street light according to the approved
plans.
VI. FINANCIAL RESPONSIBILITY:
(A) New developments:
Developer shall pay 100% of the installation cost and 2
years operation
(B) Existing developments:
1 . In existing developments where lighting has not been
installed, the City will pay 100% of the costs to
install the minimum standard design if:
(a) A majority of the adjacent property owners
petition the Department of Public Works for a
street light.
(b) The property owners agree to provide the
necessary utility easements for the electrical
service to the light.
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City of Southlake,Texas
2 . Property owners will pay the additional costs
involved if other than the minimum standard design
is requested by the petitioning citizens.
3. Installation of street lighting is subject to
available of City funds for lighting projects.
VII. FINANCIAL ARRANGEMENTS:
(A) Developer shall pay for the installation of all street
lights.
(B) The _ Director of Public Works may require a developer to
construct any street lights included in a 'developer' s
agreement at a specified time when , in his judgment, the
lights are needed for the proper and orderly development
of the area. When it is determined that street lights
should be constructed, the Director of Public Works shall
notify the developer in writing to make arrangements for
construction of the lights. Within fifteen (15). calander
days after receiving the notice, the developer shall make
arrangements for construction of the street lights,
including making any necessary payments for the proper
installation of the street lights required or approved in
his or her subdivision prior to the installation of the
street lights.
VIII.OWNERSHIP AND MAINTENANCE: ,
All street lights installed under this policy shall be, and
shall remain, the property of the City, and shall be operated
and maintained by the local electric utility company having
jurisdiction.
IX. EFFECTIVE DATE OF POLICY:
The effective date of this ordinance will be the day that the
City Council gives final approval of the ordinance.
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OC
City of Southlake,Texas
MEMORANDUM
February 2 , 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.
As indicated during the last City Council meeting, I have
contacted the current members (Phillip, Mike, Virginia) and
they are interested in continuing to serve. There has been
advertisements, but at the time of this writing, I have not
had any new applicants.
If you have any questions, please do not hesitate to contact
me.
.64tudAtia)
/SLL/sl
City of Southlake,Texas
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
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 of 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= i m
PASSED AND APPROVED THIS THE 17 a e b� , 9: 7 .
401, 10r,, A
Ell61103204
•
Joann H. Wester olm111,7
Ma or of Southlake
ATTEST :
S dra L . eGran
City Secretary