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1990-02-20 CC Packet
City of Southlake,Texas CITY OF SOUTHLAKE, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20 , 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. 1 . Call to order. Invocation. 2 . Approval of the Minutes of the February 6 , 1990 , Regular City Council Meeting. 3 . Mayor' s Report. r'OW- , JW'NGS ) �� 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 90-09 , in support of Toyoma, Japan as a Sister City. 6 . Consider: Resolution 90-12 , authorizing the City to participate with Maguire Thomas Partners and the Perot Group in funding a project with Lockwood, Andrews , and Newnam to Develop a Scaled Schematic for the Southake portion of SH114; Authorizing and Directing the Mayor to Enter in an Ad Valorum Tax Deposit Agreement with Maguire Thomas Partners to fund the City of Southlake' s participation. 7 . Consider: Resolution 90-13 , authorizing the Director of Public Works to advertise for bids for metal halide lighting fixtures for Bicentennial Park, Baseball Field #2 . 8 . Consider: Resolution 90-16 , selection of a "make up day" for the second City Council Meeting in March. 9 . Consider: Resolution 90-15 , Setting public hearing on land use assumptions relating to possible adoption of impact fees. City of Southlake,Texas City Council Agenda February 20 , 1990 page two REGULAR AGENDA 10 . Public Forum. 11 . Presentation: Planned Cable Company. Bill Kassul and Rob Meyer. 12 . Consider: 1st public hearing in regards to annexation of certain lots , tracts and parcels of land. 13. Consider: Ordinance No. 480-11 , 2nd reading. (ZA 89-71) A zoning change for a 33 . 626 acre tract of land out of the Harrison Decker Survey, Abstract No. 438 , Tracts 1B1 , 1B1C, and 1B1B. Current zoning is Industrial-1 Zoning District, with a request for Industrial-2 Zoning District. Owner: Conoco, Inc. /CITGO Petroleum Corp. Continuation of Public Hearing. 14 . Consider: Ordinance No. 480-13 , 2nd 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. Current zoning is Agricultural, request is for the Single Family 20 . OA Zoning District. Owner: Dolores M. and William D. White. Public Hearing. 15 . Consider: Final plat of Arnold Estates. 5 . 23 acre tract of land out of the Thomas M. Hood Survey, Abstract No. 706 , tract 8H. asOwner: Mary Arnold. 16 Consider: Preliminary plat of Austin Oaks Addition. 1 . 33 acre tract of land out of the Thomas Easter Survey, Abstract No. 458 , Tracts 2C and 2D. This tract will access a 39 . 91 acre Single Family development in the City of Grapevine. Owners: Javatex, Inc . 17 . Consider: Ordinance No. 479 , 1st reading. Airport Compatible Zoning Ordinance. Public Hearing. 18 . Consider: Ordinance No. 497 , 1st reading. Establishment and Administration of a Records Management Program for the city. 19 . Consider: Ordinance No. 500 , 1st reading. Signalization at the intersection of SH114 with Wall Street and Park Blvd. City of Southlake,Texas r City Council Agenda February 20 , 1990 page three 20 Consider: Garbage Collection Rate Increase. 21 . Presentation: Fiscal Year 1989 Audit Report. 22 . Consider Developers Agreement for Chapel Downs Addition. 23 . Consider: Request to build in drainage easement in Continental Park Estates. Request by Rob Rankin. 24. Discussion: Sewer fee connections. 25 . Discussion: Adding additional inspection personal. 26. 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. 27. Consider: Action necessary in regards to pending or contemplated litigations (Refer to posted list) 28 . Consider: Action necessary in regards to land acquisition. 29. Meeting Adjourned. I hereby certify that the above agenda was posted on the official bulletin board at city hall, 667 North Carroll Avenue, Southlake, Texas , on Friday, February 16 , 1990 , at 5 : 00 p.m. , pursuant to the Open Meetings Law, Article 6252-17 V.T.A. S. `,`‘Itio„ffffffifp,,,. i aett& XIVieit,/ 12/691(A *.... . ....& -,....t2..,,,,,47....4,:s. Sandra L. LeGrand :O : •:r^ City Secretary _ 1�,..../ is City of Southlake,Texas EXECUTIVE SESSION PERSONNEL The City Council may consider the appointment, employment, evaluation, reassignment, duties , discipline, or dismissal of the City Manager, City Secretary, City Attorney, Municipal Court Judge and City Boards and Commission Members. A complete list of the City Boards and Commissions are on file in the City Secretary' s Office. After discussion of any or all of the above, in executive session, any final action or vote taken will be in public by the City Council. PENDING LITIGATION The City Council may consider pending and contemplated litigation subjects. The following subjects may be discussed: 1 . Jerry W. Crowder v. City of Southlake. October, 1988 . 2. Billie N. Farrar v. City of Southlake. June, 1988 . 3 . Ray L. Whitmore, Louis Messina and Marie J. Robinson v. City of Southlake. 1980 . 4 . Russell Sivey v. City of Southlake. September, 1989 . CONTEMPLATED LITIGATION 5 . Walter D. Garrett et. al. v. City of Southlake. 6 . Vibra Whirl v. City of Southlake 7 . 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 2/16/90 4 MEMORANDUMFebruary 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 . � , SLL/s Imo, i City of Southlake,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 Glry or gouInlaKe, I exas 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 4#LICüif4I1 /s City of Southlake,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 RESOLUTION NO. 90-12 A RESOLUTION OF , THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS , AUTHORIZING THE CITY TO PARTICIPATE WITH MAGUIRE THOMAS PARTNERS AND THE PEROT GROUP IN FUNDING A PROJECT WITH LOCKWOOD, ANDREWS, AND NEWNAM TO DEVELOP A SCALED SCHEMATIC FOR THE SOUTHLAKE PORTION OF SH114; AUTHORIZING AND DIRECTING THE MAYOR TO ENTER IN AN AD VALOREM TAX DEPOSIT AGREEMENT WITH MAGUIRE THOMAS PARTNERS TO FUND THE CITY OF SOUTHLAKE' S PARTICIPATION. PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas , deems the improvement to SH114 to to be in the best interest, of the health, safety, and welfare of the citizens of Southlake; and, WHEREAS, the State Department of Highways and Public transportation is not currently working on the next phase of the project; and, WHEREAS, in order to work toward a timely completion of the SH114 improvements, the City Council deems it appropriate to participate with Maguire Thomas Partners and the Perot Group in funding a project with Lockwood, Andrews, & Newnam to develop the scaled schematic necessary to move toward the next phase of the project; and, WHEREAS, the City of Southlake portion of the study will be eighteen thousand dollars ($18 ,000) , and the City' s annual operating budget FY1990 has not included this amount; and, WHEREAS, Maguire Thomas Partners has agreed to fund the City of Southlake portion in return for a credit on the 1990 Ad Valorem Taxes owed by the Partnership to the City of Southlake; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That the City Council hereby approves the participation of the City of Southlake with Maguire Thomas Partners and the Perot Group in the scaled schematic study to be conducted by Lockwood, Andrews, and Newnam according to the work plan attached hereto as Attachment "A. " Section 2 . That the City Council hereby authorizes and directs the Mayor to enter into the Ad Valorem Tax Deposit agreement with Maguire Thomas Partners attached hereto as Attachment "B. " Section 3 . That this resolution shall be in full force and effect from and after its passage. Page 1 of 2 Resolution No. 90-12, page 2 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 Attachment "B" AD VALOREM TAX DEPOSIT AGREEMENT This Ad Valorem Tax Deposit Agreement (the "Agreement") is made and entered into by and between the CITY OF SOUTHLAKE, TEXAS ("SOUTHLAKE") , and MAGUIRE THOMAS PARTNERS-WESTLAKE/SOUTHLAKE PARTNERSHIP, a Texas general partnership (hereinafter referred to as the "Partnership") upon the following terms and conditions: 1. Southlake hereby acknowledges its receipt on the date set forth below of a municipal ad valorem tax deposit in the amount of Eighteen Thousand Dollars ($18 ,000) from the Partnership to be applied to the 1990 ad valorem taxes owed by the Partnership to Southlake; and, 2. Southlake hereby agrees to credit the 1990 ad valorem tax accounts of the Partnership in the amount of Eighteen Thousand Dollars ($18 ,000) on January 31 , 1991, or at such earlier time as such ad valorem taxes owed by the Partnership to Southlake shall become due and payable. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the respective duly authorized representatives on the dates set forth below. The amount of $18 ,000 was received on "SOUTHLAKE" CITY OF SOUTHLAKE, TEXAS 1990, by the City of Southlake by: By: Gary Fickes, Mayor "PARTNERSHIP" MAGUIRE THOMAS PARTNERS- WESTLAKE/SOUTHLAKE PARTNERSHIP a Texas general partnership By: Maguire Thomas Partners Dallas, Ltd. , a California limited partnership, a general partner of Maguire Thomas Partners-Westlake/ Southlake Partnership By: Maguire Thomas Partners, Inc. , a California Corp. a general partner of Maguire Thomas Partners Dallas, Ltd. By: Richard I. Gilchrist, / Vice President (� r- 3 f ' July 7. 1989 Lockwood, Andrews and Newnam, Inc. SH 114 Geometric Design ATTACHMENT A SCOPE OF WORK AND SCHEDULE FOR DEVELOPMENT OF A SCALED GEOMETRIC DESIGN FOR STATE HIGHWAY 114 FROM 0.3 MILES EAST OF DOVE ROAD TO 0.4 MILES EAST OF LOOP 382, A DISTANCE OF 4.1 MILES. SERVICES TO BE PROVIDED BY THE CLIENT OR THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION The State Department of Highways and Public Transportation (SDHPT) or the Client will provide or make available the following information or documents: 1. Furnish data from SDHPT files concerning the project. 2. Furnish SH 114 controlled aerial photography for a scaled geometric . design. 3. Furnish topographic and planimetric mapping for SH 114 on Intergraph formatted computer tape. 4. Provide existing right of way and construction plans. 5. Existing traffic count data. 6. Projected traffic for proposed schematic configuration including main lanes, frontage roads, ramps, intersecting streets and turning movements. SERVICES TO BE PROVIDED BY THE ENGINEER The scope of work shall consist of all elements of work, materials and equipment required to provide a scaled geometric design satisfactory to the SDHPT and Client and in accordance with requirements, policies and general engineering practices of the SDHPT. The standard criteria and guidelines to be followed in the preparation of the scaled geometric design, determination of right of way requirements and preparation of engineering reports are as follows: Page 1 of 4 I A. The current SDHPT Highway Design Division - Operations and Procedures Manual . B. SDHPT Bridge Division - Operations and Planning Manual C. AASHTO - Standard Specifications for Highway Bridges D. 1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways E. The current Texas Hydraulic Manual All services performed by the Engineer shall be in conformance with the current criteria and standards established by SDHPT and the American Association of State Highway and Transportation Officials (AASHTO). An outline of the work to be accomplished is as follows: I. Project Management and Coordination A. Project Management B. Coordination of project with State Department of Highways and Public Transportation (SDHPT), Federal Highway Administration (FHWA), client and interested property owners. II. Data Assembly A. Review controlled aerial photography provided by SDHPT. B. Install digitized planimetric and topographic computer tape into Engineer's Computer. The tape is to be provided by SDHPT. C. Obtain property ownership information. III. Traffic Analysis A. Analyze projected traffic to determine the number of lanes required for mainlanes, frontage roads and at intersections. B. Record existing and design year traffic on scaled geometric design. IV. Scaled Geometric Design: The Route Location Study previously approved by the city council for the city of Southlake and the Fort Worth district office of the State Department of Highways and Public Transportation will be the basis for the scaled geometric design. No additional alternate alignments for SH 114 within the project limits will be investigated. Alternate routes and designs were studied in the previously approved Route Location Study for SH 114. These alternate routes are included in an Environmental Assessment that has been prepared under another contract. Page 2 of 4 �, ,_ c,— A. Plot SH 114 from Dove Road to Loop 382 from digitized planimetric and topographic computer tape at a scale of 1" ■ 100' for preparation of a preliminary scaled geometric design. B. Prepare a scaled geometric design 1. Horizontal and vertical alignments for mainlines, ramps and frontage roads. 2. Provide typical cross section at critical location. 3. Provide cross section to determine adequacy of right of way at selected locations. 4. Indicate location for control of access. 5. Study the design of the interchange of SH 114 and Loop 382. 6. Coordinate the scaled geometric design with SDHPT and make corrections as required. V. Hydraulic Study A. Preparation of preliminary hydraulic analysis to determine the effect of storm water on the project at existing stream crossing. B. Investigate storm water effect on the project to determine feasibility of future storm sewer design. C. Investigate procedure for placing embankment across an existing farm pond east of Carroll School Road. VI. Public Hearing Exhibit - A. Prepare a public hearing exhibit at a scale of 1" = 200" on an aerial background with five foot contours intervals. VII. Engineering Summary A. Produce Engineering Summary Report containing the following items: 1. Project description 2. Right of way cost estimate 3. Construction cost estimate 4. Signing schematic 5. Level of service analysis 6. Recommend construction project limits B. The Engineer will provide 30 copies of each report and distribute them to SDHPT and the Client. The Engineering Summary Report will be a part of the scaled geometric design and submitted with the geometric design for review by SDHPT. Page 3 of 4 • C. The Engineering Summary previously prepared for the Route Location Study for SH 114 will be incorporated into and expanded to include the required items. Page 4 of 4 City of Southlake,Texas MEMORANDUM c%.r-/(' -90 . : { February 16 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Sports Lighting Bid Proposal Attached is the Bid Proposal to receive bids on Tuesday, March 6 , 1990 at 10:00 a.m. for 22 Metal Halide Sports Lighting Fixtures for Baseball Field #2. These lights are required to light Baseball Field #2 as proposed in the 1989-90 Budget. The staff is coordinating the installation of the light poles, lights, wiring and hardware and is anticipating the project to be complete by April 1, 1990 . The proposed budget is $20,000 for the project and preliminary estimates indicate that the cost will be under $15 ,000. Please place this item on the agenda for the February 20, 1990 City Council meeting. 043 MHB/ew - i n City of Southlake,Texas RESOLUTION NO. 90-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO RECEIVE BIDS PROPOSALS FOR LIGHTING FIXTURES AS REQUIRED. PROVIDING AN EFFECTIVE DATE. WHEREAS, the Director of Public Works has requested of the City Council the authorizion to advertise for bids for metal halide sports lighting fixtures to be located on Baseball Filed #2 at Bicentennial Park; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . The above premises is found to be true and correct and is incorporated into the body of this resolution as if copied in its entirety. Section 2 . That the metal halide sports lighting fixtures are allowed for in the Fiscal Year 1990 Budget. Section 3. That this resolution is hereby in effect upon its passage. PASSED AND APPROVED this the day of CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas City of Southlake,Texas ( BID PROPOSAL FOR METAL HALIDE SPORTS LIGHTING FIXTURES I. DESCRIPTION OF BID ITEM: Contractor shall furnish twenty-two (22) Metal Halide Sports Lighting fixtures with lamp, ballast, and crossarm bracket as manufactured by Hubbell SLH-1500 Halide- 1x8, 240 volt single phase or approved equal. Contractor shall deliver fixtures to a point within the city limits of Southlake. However, exact delivery point will be verified with the Director of Public Works prior to delivery. Contractor shall obtain prior approval of fixtures not specified, herein, from the Director of Public Works at least forty-eight (48) hours prior to bid opening. II. WARRANTY PERIOD: Contractor shall give details of warranty period and length of warranty period. III. TIME OF DELIVERY: It should be noted that time is of the essence and delivery time will be a factor in selecting the successful bidder. IV. BID OPENING DATE: Contractors shall submit their bids by 10:00 a.m. , Tuesday, March 6 , 1990 to the City Secretary' s Office located at 667 N. Carroll Avenue, Southlake, Texas, 76092. Bids not received by this time shall not be opened or considered. Bids will be opened and read aloud by the City staff. V. BID AWARD: The City staff will review the bids and make a recommendation to the City Council based on bid price, length of warranty period, and delivery time. It is anticipated that the City Council will make an award at the March 6, 1990 City Council meeting. The City Council has the right to accept or reject the bids submitted by City staff not meeting specifications. 1J3 C City of Southlake,Texas ( SPORTS LIGHTING BID DESCRIPTION: NO. UNIT COST TOTAL COST Metal Halide Sports Fixtures 22 TOTAL BID AMOUNT: WARRANTY PERIOD: DELIVERY DATE: , 1 NAME OF FIRM: BY: TITLE: 7- City of South lake,Texas RESOLUTION NO.90-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CHANGING THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF MARCH 20 , 1990 , DUE TO LACK OF A QUORUM; DETERMINING A "MAKE UP DAY" FOR THE SECOND CITY COUNCIL MEETING DURING MARCH AS REQUIRED IN THE HOME RULE CHARTER, SECTION 2. 09. PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2 . 09 of the Home Rule Charter for the City of Southlake requires that at least two regular City Council meetings are held each month; and, WHEREAS, it has been determined that the second City Council Meeting in March (March 20) falls during the Spring Break, and three members of Council will be unable to attend; and, WHEREAS, the City Council must determine a date to hold the second City Council meeting of the month of March; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . that 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 its entirety. Section 2 . that the City Council has selected as the date for the second Regular City Council Meeting in March, 1990 . Section 3. that is resolution is hereby effective 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 RESOLUTION 90-15 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A PUBLIC HEARING ON LAND USE ASSUMPTIONS RELATING TO THE POSSIBLE ADOPTION OF IMPACT FEES. WHEREAS, the governing body of the City of Southlake, Texas, hereby adopts by resolution a call for a public hearing to be held during the regular Council session on April 3 , 1990 , at 7: 30 p.m. in the Council Chambers at City Hall, 667 North Carroll Avenue, Southlake, Texas. WHEREAS, the purpose of this public hearing is to receive public comments concerning the land use assumptions underlying the development of a City water and wastewater capital improvements program and impact fees according to the requirements of Chapter 395 of the Texas Local Government Code; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: A public notice of such hearing will be made at least 30 days in advance of the hearing according to applicable legal criteria for noticing requirements attached hereto and made a part of this resolution. PASSED AND APPROVED THIS THE day of , 1990. CITY OF SOUTHLAKE, TEXAS Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney I ' r pc 1 , PLANNED CABLE SYSTEMS January 24, 1990 Mayor Gary Fickes City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Dear Mayor Fickes, We wish to inform you of a change in the programing line up and rate structure for cable television service, that Planned Cable Systems provides to your city. Effective February 1, 1990, the rate for "basic" cable service will increase to $17.90 per month. In conjunction with this rate increase two major changes will take place in our basic lineup. First, monthly stereo service will be included at no extra charge (previously this was $1.50 per month) . Second, Planned Cable Systems will increase the basic channel lineup by 8 channels. These additional channels will be: HBO' s Comedy Channel, American Movie Classics, Movietime, Nostalgia Channel, The Travel Channel, Galavision, Univision and Black Entertain- ment Television. This increase of channels in the basic lineup will give Southlake 43 basic channels. This increase in the basic channel lineup will give your city one of the most diversif-ied lineups in the Metroplex. Also effective February 1, 1990 Planned Cable Systems will also increase the ala carte rates of "Home Box Office" and "Showtime" from $9 .75 to $10.75. This increase is due wholly to the rate in- crease "Home Box Office" and "Showtime" passed on to cable operators on January 1, 1990. Along with the increase in the a la carte rates for these two premium services, Planned Cable was able to negotiate with the premium channel vendors rate reductions on five different "packages" of service. The first four package plans will reduce subscriber's rates by an average of $9.75 per month (for these combination of services) . We are also proud to introduce our "1990 Super Package" which includes: Basic cable Home Box Office Showtime Cinemax 1406 HALSEY WAY® SUITE 152® CARROLLTON,TX 75007® FAX 214/242-6814. 214/434-2202 M Equal Opportunity Employer Page 2 The Movie Channel Home Sports Entertainment Remote Control TV Guide Subscription This package is available for $43 .95 per month (plus taxes) . On a regular a la carte basis these services would cost $75. 15 (plus taxes) . Therefore, if a subscriber in the past was getting basic, remote and one or more premium channels his rate would decline under this package. This package will not be affected by the basic rate increase on February 1, 1990. Also effective on January 1, 1990 subscribers who sign up for "The Disney Channel" will only pay half price ($4.95 per month) through 1990. Mr. Mayor, we at Planned Cable are very aware that Cable Televis- ion rates have been a constant topic for debate nationwide in the last year and have made every attempt to act responsibly in our pricing of these services in the face of rising programing costs. I have attached to this letter several items from various sources to help you compare our rates and service levels to the nationwide rates and service levels. Please take the opportunity to review these. My secretary will be calling Sandra LaGrande in the near future to arrange for me to address the City Council and answer any questions that you (or the council) may have during one of your regularly scheduled meetings. If you should have any questions before then, however, please feel free to call me at (214) 446-0909. Cor ly . eyer General nager RLM/b cc: Southlake Council Members Curtis Hawk, City Manager PCS 1990 Price List Basic $17 . 90 per month (43 channels) Remote 3 . 50 per month Converter Rental Free on first outlet Additional Outlets 10 . 50 per month (includes A/O, Converter, and Remote) Converter Deposit Free on first outlet, $25 . 00 per additional outlet Pay Channels: HBO $10.75 Cinemax 7 . 00 Showtime 10 . 75 The Movie Channel 9 . 75 HSE 9 . 95 Disney 4 . 95 Pay Package Prices: Package A: HBO & Cinemax $11. 95 Package B: Showtime & Cinemax $11. 95 Package C: The Movie Channel & Cinemax $11. 95 Package D: Disney & Cinemax $11. 95 "1990 Super Package" : Basic $43 . 95 Remote HBO Cinemax Showtime The Movie Channel HSE Free TV Guide Subscription Note: All Packages are good through December 31, 1990 . I I _PCB PLANNED CABLE SYSTEMS Dear Planned Cable Customer During the past year we have listen to your comments, your ideas, and your requests. And, we have responded! In November we added a new telephone system that doubled the number of our incoming lines. We increased our service staff by 40%. And, we added such channels as Country Music Television and TNT to our basic cable service. In the next few months we will add at least five more new channels, including American Movie Classics and HBO's Comedy Channel, to your basic cable television service. This will give you a total of 50 channels to choose from! You even have the opportunity to have movies sent directly to your home on our "Movies Delivered" service to save you a trip to the video store! Because of these additions, and the increased charges we must pay for our programming, effective February 1, 1990, we will raise our basic cable television rate to $17.90 per month (plus taxes and franchise fees) . This price still remains the lowest basic cable service rate in the Dallas/Fort Worth Metroplex! This increase in price will not affect the "1990 Super Package". Also beginning in 1990, there will no longer be a monthly charge for cable stereo service. We appreciate your business and the opportunity to serve you. In 1990 we hope to serve your entertainment needs better than ever! Sincerely PLANNED CABLE SYSTEMS 1406 HALSEY WAY SUITE 152 CARROLLTON,TX 75007 FAX 214/242-6814 214/434-2202 M Equol Opporhnity Emplo,er AVERAGE BASIC & PAY RATES: 1980-1988 AVERAGE AVERAGE BASIC PAY YEAR RATE RATE 1980 $ 7.85 $ 8.80 1981 $ 8. 14 $ 9.03 1982 $ 8.46 $ 9.56 1983 $ 8.76 $ 9.84 1984 $ 9.20 $ 10.08 1985 $ 10.24 $ 10.42 1986 $ 11 .0.9 $ 10.31 1987 $ 13.27 $ 10. 15 1988 $ 14.45 $ 10. 18 SOURCE: PAUL KAGAN ASSOCIATES, INC., THE PAY TV NEWSLETTER, 5/26/89, p. 3 SYSTEMS :&SUBSCRIBERS BY SYSTEM CHANNEL 'CAPACITY: 1989 CHANNEL PERCENT OF BASIC PERCENT OF CAPACITY 'SYSTEMS "SYSTEMS SUBSCRIBERS SUBSCRIBERS • 54or more •682 7.57 9,371,921 .20.60 :30-53 4,489 49.82 30,128970 '66.20 20-29 1,418 15.74 4,022,687 8.84 13- 19 292 3.25 277,111 .0.61 P' 6 - 12 1,175 13.04 954,570 2.10 5 30 0.33 6,398 0.01 Fewer Than 5 7 0.08 1,333 0.01 Not Available 916 ' 10.17 745,749 1.64 TOTAL 9,010 100..00 45,508,739 100.00 SYSTEMS=& 'SUBSCRIBERS•BY NUMBER DF SUBSCRIBERS1N SYSTEM: 1989 SUBSCRIBERS PERCENT OF :BASIC PERCENT OF .IN SYSTEM SYSTEMS SYSTEMS SUBSCRIBERS •SUBSCRIBERS 50,000 or:lulore • ' '168 1.86 15,771,313 34:65 20,000-•49,999 379 •4.20 11,722,327 25.75 10,000 19,999 495 5.49 6,951,078 -15.27 '5,000-9,999 662 7.34 4,650,464 10.22 F 3,500-4,999 387 4.30 1,608,433 3.53 1,,000-3,499 1,644 18.25 3,134,569 6.89 500-999 1,272 14.12 909,400 2.00 250 -499 1,265 14.04 456,280 1.00 249 or Fewer 2,225 24.07 304,875 0.69 Not Available 513 5.70 - - TOTAL 9,010 100.00 45,508,739 100.00 • • ' CHANNEL CAPACITY: 1 984 ,1989 PERCENT OF SYSTEMS BY CHANNEL CAPACITY 70. al ea __7 49.8 , 50 _./ 40 _/ P,4 34.1 PERCENT 31. / 30 .1 • r 20 1 17.4 15.7 \\` \13.0 102 r. 101 4' 7.ti., . 4.73.3 7.1\ ` . \ 1.0 0.3. 0.2 0.1 0 AIL i,,,..„ Fewer. ' Not 54 or More. 30-53 20-29 13-19 8-12 5 Than 5 Avallablik LJ1984 \� 1989 PERCENT OF SUBSCRIBERS BY SYSTEMS" CHANNEL CAPACITY 70 88.2 • . 60 / ;. • • 51. \ ' 50 1 \ PERCENT 30. • \ 20.8 21.1 . . \�` j17.1 \ \ 8.8 • 10 \ • 2.$.0.8 21 0.1 0.01: 0:01.0.002 1'5' 1.8.- Not: or More- 30-53 20-29 13-19. 8-12 5 Than S' Available LJ1984 1989 SOURCE WARREN PUBLISHING, INC., TELEVISION .& CABLE FACTBOOK, ► _ ,nnn C.1:4:-... .. /, 9-rm. r`nhlA P. CArvir' Vnftime • CURRENT INDUSTRY ESTIMATES A. C. NIELSEN ARBITRON PAUL KAGAN COMPANY TELEVISION ASSOCIATES; INC. May 1989 May 1989 May 19891 • BASIC CABLE HOUSEHOLDS 50,241 ,8402 49,039,500 47,046,000 • U.S. TELEVISION HOUSEHOLDS 3 90,320,300• 90,001 , 100 89,992,000 • BASIC CABLE/ TELEVISION HOUSEHOLDS 55:6% 54.5% 52% • • • • • HOMES PASSED BY BASIC CABLE 78,133,000 HOMES PASSED/ TELEVISION HOUSEHOLDS 87%` • • BASIC CABLE/HOMES PASSED 60% • PAY CABLE UNITS 38,402,000 PAY UNITS/BASIC CABLE • 82%. HEADENDS 4 Approx. 10,540 • '/ Estimate as:of 5/31/89. Published in CABLE TV PROGRAM- MING,. 5/16/89, p. 6. Used with permission. 2/ For total;U.S.; continental U.S.: 49,908,210 (55.6%of- 89;842,.100 U.S..television households):.. 3/ Nielsen and°Arbitron° U.S. television,household estimates, as of 1/1/89i released Fall 1988; Nielsen estimate for total U.S.; Arbitron estimate for continental. U.S. 4/ A. C. Nielsen CODE (Cable On-Line Data Exchange) data- base, 7/89: u?Alia II v vrt V La_. 197® - 1988 / 1 50 --/ . •40 SUBSCRIBERS (IN MILLIONS) --,/ . . f 10 y : --* . - ' • - l.. .(....'. i....L...t.....I....�....1....i....i....�... i....i..._i....i... 1. ./11 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 '-- YEAR(AS OF NOVEMBER) BASIC/ BASIC CABLE TELEVISION DATE SUBSCRIBERS HOUSEHOLDS November 1970 4,498,030 7.5% November 1971 5,569,810 8.9% November 1972 6,484,380 10.0% November 1973 . 7,163,340 10.8% November 1974 8,230,310 12.0% November 1975 9,196,690 13.2%, November 1976 10,787,970 1 5.1% November 1977 12,168,450 16.6% November 1978 13,391,910 17.9% November 1979 14,814,380 1.9.4% j November 1980 17,671,490 22.6% November 1981 23,219,200 28.3% November 1982 . 29,340,570 35.0% November 1983 .34;113,790 40.5% November 1984 • 37,290,B70 43.7% •� • November 1985 : 39,872,520 46.2% November.1986 142,237,140 48.1% November 1987 44,970,880 50.5% November 1988 48;636,520 53.8% I-,-1 I drF1 dJ a.I._. 1973 -1988 4. - 40 30 / . 10 "my . . . . . UNITS 20 (IN MILLIONS) Ager 73 74 75 78 77 78 79 80 81 82 83 84 85 88 87 88. YEAR PAY UNITS PAY UNITS/ PAY UNITS/ DATE (IN MILLIONS) HOMES PASSED BASIC CABLE 7/15/73 0.035 12/31/74 0.140 12/31/75 0.469 11 .1% . 23.6% 12/31/76 0.978 10.6% 22.3% 12/31/77 1.642 12.2% 25.3% 12/31/78 3.289 17.9% 35.0% 12/31/79 5.732 22.3% 41 .3% • • 12/31/80 9.144 27.9% 50.6% 12/31/81 15.450 37.6% 68.8% 12/31/82 20.791 46.2% 84.0% �' 12/31/83 26.418 47.3% 84.3% 12/31/84 29.966 49.5% 87.5% 12/31/85 30.596 47.1% 83.3% • 12/31/86 32.064 46.2% 80.8% 12/31/87 34.793 47.5% 81 .6% 12/31/88 38.819 50.3% 85.0% SOURCE: PAUL KAGAN ASSOCIATES, INC., "Pay TV Subscriber History". THE KAGAN CENSUS OF CABLE { CABLE SYSTEMS.: �1970 - 1 989 • • 10,000 r 8,000 • SYSTEMS Br 4,000 • 0 1 1 1 I I• I I I I I I I I .I I I I I 70 71 72 73 74 75 78 77 78 79 80 81 82.83 84 85 88 87 88 89 YEAR . DATE SYSTEMS .January 1 , 1970 .2,490 • January 1 , 1971 . 2,639 • January 1 , 1972 2,841 January 1 , 1973 • 2,991 • January 1 , 1974 3,158 January 1 , 1975 • 3,506 • January 1 , 1976 3,681 • January 1 , 1977 • 3,832 January 1 , 1978 3,875. January 1 , 1979 4,150 • January 1 , 1980 4,225 January 1 , 1981 4,375 January 1 , 1982 4,825 January 1 , 1983 5,600 January 1 , 1984 6,200. January 1 , 1985 6,600 January 1 , 1986 7,500 '" January 1 , 1987 7,900 January 1 , 1988 8,500 Ar ri{ 1 ,QQ0 'Q_nin V IGVV I111 .. vh7I Irlric,7 TOTAL TELEVISION HOUSEHOLDS, ALL CABLE HOUSEHOLDS, PAY CABLE HOUSEHOLDS: 1984 - 1988 • TOTAL TELEVISION ALL CABLE PAY CABLE HOUSEHOLDS HOUSEHOLDS HOUSEHOLDS '84 '85 '88 '87 '88 '84 '85 '88 '87 '88 '84 '85 '88 '87 '88 Broadcast Network Affiliates 68 66 66 63 60 58 55 56 52 51 53 50 51 48 47 Independent Stations* 19 19 18 19 20 17 17 17 17 17 17 17 17 16 16 Public.Stations 3 3 3 4 3 3 3 3 3 3 2 3 3 3. 2 Cable Networks 10 11 11 14 16 18 19 20 24 25 18 19 20 23 24 Pay Services 6 6 5 6 7 11 11 9 10 11 18 18 16 18 18 • • SHARES: 1984, 1988 • 70 • • SO 40 • SHARES / A / TV L THouseholds � All Cable 0 % / A jG Households ;f T• 7 T 7 T• 7. 1 . t T. ;► T• 7 T ;1 T• atiec� : NETWORKAFFILIATES CABLE NETWORKS PAY SERVICES Households Q' * Viewing data for superstatlons are divided between independent stations (local markets) and cable•networks (distant markets). Totals may exceed 100 percent due•to rounding and multi-set. usage. SOURCE: A. C. NIELSEN data from the CAB (Cabletelevision Advertising Bureau, analyzed by Paul Kagan Associates, Inc., published in CABLE TELEVISION ADVERTISING,.1/31/89, p. 9. 6 . CONSTRUCTION EXPENDITURES: `t.975-1989 / •••• . ...................... ie. / $1.8 "r $1.6 ::: :...: .: :_7 :. 71.2 _./ ............. .. ..... . . . . ... ... ..... ... ... .... . .. .... .... --/y . • :.... • • • ••• .• :. • :: •• $0.8 IN • BILLIONS NS • r $0.4 • ___,// 0.0 .. ................................................................................................. I I l I I I I I I I I I I 75 78 77 78 79 '80 '81 '82 '83 '84 '85 '88 '87 '88 '89 YEAR EXPENDITURES 1975 $ . 126,822,000 1976 $ 168,952,000 1977 .$ 194,795,000 1978 $ .241 ,607,000 1979 . $ 651 ,853,000 1980 $ 1 ,187,744,000 1981 $ 1 ,403,878,000 1982 $ 1 ,756,211 ,000 j 1983 $ 1 ,488,100,000 1984 $ 1 ,139•,374,000 ' 1985 $ 1 ,306,048,000 1986 $ 985,515,000 1987 $ 1 ,253,146,000 -=� 1988 $ 1 ,612,889,000 SUMMARY Cable television represents an excellent consumer value. For about $15 a month —or 50 cents per day—consumers receive more than 30 channels of diverse, quality programming. By comparison, it costs a family of four nearly $17 to attend just one two-hour movie at a local theater. And one copy of USA Today costs 50 cents. If the cable industry is forced to return to the pre-1984 regulatory regime, when city councils set cable rates—and investments in programming and plant and equipment were stifled—then the. substantial progress that the cable television industry has made in improving the diversity and quality of television for American consumers will be stopped in its tracks. In particular, the effect of reregulation on emerging cable networks that meet needs the broadcast networks have never adequately served will be immediate and severe. The revenues generated by deregulation will not be available for operators to continue to invest in purchasing programming from these networks. Cable television has begun to emerge not only as more television— but rather as different and often better television. Cable is 24 hours a day news on CNN; it is quality children's programming on Nickelodeon; it is round the clock sports on ESPN; it is documentaries on The Discovery Channel; it is gavel to gavel coverage of Congress on C-SPAN; it is the only network devoted to Black Americans, BET. Cable rate deregulation is less than three years old, and already the cable television industry is fulfilling its programming promise. Should the future of cable and the distinctive programming it offers to consumers be thrown back into the chambers of city councils? 6 REREGULATION OF CABLE TELEVISION RATES WOULD CHOKE OFF INVESTMENT IN NEW PROGRAMMING AND IMPROVED CABLE TECHNOLOGY November 1989 In 1984, Congress passed the Cable Communications Policy Act, which deregulated cable rates effective January 1987, while preserving substantial local government regulatory authority in such areas as franchising cable systems and customer service requirements. The Act provided the two factors necessary for cable operators to invest in their systems and services for the long term: regulatory stability and the ability to price and package services independently. Some industry .groups'and Members of Congress now are calling for reregulation of the cable industry by local governments—in effect a return to the days before deregulation when city councils voted on any rate increase proposed by the local cable operator. The current debate about the 1984 Cable Act has been marked by a range of claims—many of these are unfounded. Cable television has indeed changed since the Cable Act passed. Here are the facts. 1. Cable Rates: A General Accounting Office study found that the average customer's overall monthly bill (reflecting all services and options) increased by 14% from December 1986 to October 1988. Rates for the type of basic cable service purchased by most subscribers rose by 26% during this period, from $11.70 to $14.77 per month. While these increases are not inconsequential, they reflect the fact that cable rates were kept artificially low under city regulation—and indeed, still lag behind inflation even after deregulation. As Chart 1 illustrates, had basic service prices simply kept pace with inflation since 1972, when the FCC first affirmed local rate regulation, the average price of basic service would have grown from its 1972 level of $5.85 to $16.54 today—nearly 12% more than the current $14.77 per month consumers actually pay. National Cable Television Association 1724 Massachusetts Avenue NW Washington,DC 20036-1969 (202)775-3550 • Chart 1 INFLATION—ADJUSTED BASIC CABLE RATES VS. ACTUAL BASIC RATES 1972 —1988 $18 $18.54 $18 Basic Cable Rates at Rate of Inflation $14.77 $14 $12 Dollars s10 Per Month sa Actual Basic Cable Rates se $5.85 $4 S2 0 1.72 1.74 1.76 1.78 1•:. 1'82 1.84 1.86 1.88 Source: 1972-1987: Estimate of Paul Kagan Associates,Inc.;1988: U.S.General Accounting Office,"National Survey of Cable Television Rates and Services,"August 1989. Inflation based on Bureau of Labor Statistics,Consumer Price Index. Adjustment assumes basic cable rates grew at rate of inflation,beginning in 1972. Moreover, consumers receive more for their money today. In 1972, they typically received five or six channels; today's average consumer receives 32 channels. Since deregulation in 1987, the price per channel has remained level, at about 45 cents. Chart 2 GAO SURVEY RESULTS: COSTS PER BASIC SERVICE CHANNEL 1986 —1988 s1.00 2, $0.75./ Dollars Per so.50 / S0.44 50.45 S0.48 ecel Channel • :.••..•. ii ii0•i •iii�i�•� .O�i�i�i ii •••••• •••••• •••••• •••••• •••••• •••••• •••••••WANite ••••ow:•• •••••• •••••• •••••• •••••• •••••• •••••• •••••• ~AV ••i ii i♦ �•ii 40• $0.00 1986 1987 1988 Source: U.S.General Accounting Office,"National Survey of Cable Television Rates and Services,"August 1989. The GAO study results indicate that the number of basic channels received by the average cable customer increased from • 26.6 channels in December 1986 to 32.1 channels in October 1988. 2 Significantly, after the first two years of deregulation—when cable operators adjusted prices to account for years of artificially low rates due to city regulation—rates now have leveled off. For the first nine months of 1989, the Bureau of Labor Statistics reports that cable rates have risen 2.3%, while the overall Consumer Price Index has increased 3.7%. Chart 3 CHANGE IN CABLE PRICES VS. OVERALL CONSUMER PRICES FOR THE FIRST NINE MONTHS OF 1989 5�/f 4 1 3.7% 3 J/ • j 2.3% Percentage Increase 2 Matta .... . ............... Cable Overall CPI CPI Source: Bureau of Labor Statistics. Overall CPI as of December 1988,120.5;as of September 1989,125.0. Cable CPI as of December 1988,141.1;as of September 1989,144.6. 2. Benefits of Deregulation: Prior to deregulation, city councils often refused to authorize rate increases—fearing to be "on record" for voting for raising prices. The result of this caution was predictable: not only were cable rates held artificially low (cable rates were held 72 points below inflation from 1972 through 1986), but operators consequently did not have the resources needed to invest in new programming or to upgrade their plant and equipment. • . Deregulation has reversed this trend and led to substantial investments in programming and plant and equipment—investments that have directly benefited consumers. • Cable operators' investments for basic cable programming have jumped from about $300 million in 1984, when the Cable Act was passed, to nearly $1 billion in 1989, as Chart 4 shows. This investment has led to the dramatic increase in both the availability and quality of basic cable program networks such as Nickelodeon, The Discovery Channel, Black Entertainment Television, ESPN and CNN. 3 • • Chart 4 CABLE SYSTEMS' EXPENDITURES FOR BASIC CABLE PROGRAMMING 1983-1989 ••5 $1,000 '' • $900 $814 Dollars a800 1/ • sezo 1 Per $700 IS .!!i, ?: I Year s50o sag, (millions) ®] - I � jl I S3W 10irrii:1 I 114 ki `11 • 10� . $100 101 1983 1984 1985 1988 1987 1988 1989 Source: NCTA estimate based on Paul Kagan Assoiciates,Inc.data. Pre-1983 data not available. • Overall spending by both basic cable networks and premium networks (like HBO, Showtime and Disney) for programming also has been stimulated by deregulation, almost doubling from about $1 billion in 1984 to more than $2 billion in 1989. This spending, again, has directly benefited consumers, helping to support the broad .array of new and original programming on. cable television. Chart 5 TOTAL CABLE NETWORK (BASIC & PREMIUM) PROGRAMMING EXPENDITURES 1983-1989 • sz.500 U $2,032 $2,000 -7-43� • $1497 _t!:!:!'� • Dollars 51,E 1 $1,361 1_r Per 51138 $1,239 /!'"' • Year (millions) $'.occ In in iiiii $500 in in 0 1983 1984 1985 1988 1987 1988 1989 Source: Paul Kagan Associates,Inc. Pre-1983 data not available. 4 Similarly, deregulation has enabled operators to increase substantially their investments in plant and equipment; spending for this purpose has increased from about $200 million in 1984 to over $500 million in 1989. These investments have also benefited consumers by increasing the number of channels available, and improving picture quality and reliability. Chart 6 CABLE INDUSTRY'S EXPENDITURES TO UPGRADE AND EXPAND PLANT 1980-1989 $800 , $515 s500 .47 $417 Dollars $400 Per $292 Year $300 -" $252 $246 (millions) �17 $zoo $as $116 s1o9 $34;IiI i;;; 1;1 ;IIi 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 Source: CableVision. 3. Customer Service: The cable industry has faced customer service problems. In part, this reflects the dramatic growth in the number of homes that subscribe to cable—from 14 million at the beginning of the 1980s to more than 50 million today. Many operators simply did not have the facilities in place to manage this growth. But the industry has made customer service its number one priority—and many companies are implementing programs to substantially improve service, as the investments in upgrading plant and equipment noted above suggest. • SUMMARY Cable television represents an excellent consumer value. For about $15 a month —or 50 cents per day —consumers receive more than 30 channels of diverse, quality programming. By comparison, it costs a family of four nearly $17 to attend just one two-hour movie at a local theater. And one copy of USA Today costs 50 cents. If the cable industry is forced to return to the pre-1984 regulatory regime, when city councils set cable rates—and investments in programming and plant and equipment were stifled—then the substantial progress that the cable television industry has made in improving the diversity and quality of television for American consumers will be stopped in its tracks. In particular, the effect of reregulation on emerging cable networks that meet needs the broadcast networks have never adequately served will be immediate and severe. The revenues generated by deregulation will not be available for operators to continue to invest in purchasing programming from these networks. Cable television has begun to emerge not only as more television— but rather as different and often better television. Cable is 24 hours a day news on CNN; it is quality children's programming on Nickelodeon; it is round the clock sports on ESPN; it is documentaries on The Discovery Channel; it is gavel to gavel coverage of Congress on C-SPAN; it is the only network devoted to Black Americans, BET. Cable rate deregulation is less than three years old, and already the cable television industry is fulfilling its programming promise. Should the future of cable and the distinctive programming it offers to consumers be thrown back into the.chambers of city councils? 6 City of Southlake,Texas , MEMORANDUM February 16 , 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: 1st Public Hearing for Annexation Process The second step in the annexation process is the 1st public hearing, which is scheduled for the February 20 , City Council meeting. The hearing has been advertised in the Fort Worth Star Telegram on February 9. This public hearing gives the interested people a chance to speak for or against the annexation of the property being considered. According to the statutes, the annexation service plans are to be available to the public at this meeting. I have attached the service plans as prepared by the Public Works Department. No action will be taken by the City Council on this matter during the meeting. As a courtesy, I have sent a letter to the property owners of the land being considered, notifying them of the public hearings. I have any questions , please give me a call. /, SiLsIj/sll J6( ,(1',,,p6-42'f 1/////'/° , , U(1( ' 9 °' fj iy ) • 1 / -/ EXHIBIT "A" TO ORDINANCE NO. 498 ANNEXATION SERVICE PLAN TRACT 1 GENERAL: This annexation incorporates an area of the C.B. McDONALD SURVEY, ABSTRACT NO. 11013, and the P.R. SPLANE SURVEY, ABSTRaCT NO. 1453 , Tarrant County, Texas, referred to as TRACT 2 (see attachment) . SOLID WASTE COLLECTION: Solid Waste Collection service in the City of Southlake is presently being provided by Lakeside Sanitation. UTILITY SERVICE: POWER: (TU Electric/Tri-County Electric) will provide power service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. GAS: Lone Star Gas will provide gas service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. CABLE TV: Planned Cable Systems Corp. will provide Cable TV service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. TELEPHONE: (General Telephone Company/Southlake Bell Telephone Company) will provide service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. This will include the "9-1-1" Emergency Program. WATER: The City of Southlake is providing the water service to this area and will continue 'to upgrade the System in accordance with the current Distribution System Master Plan. EXHIBIT "A" TO ORDINANCE NO. 498 Annexation Service Plan Page 2 WATER: Attached is a map showing the System Master (cont. ) Plan with the ultimate water facilities for this area. All water system improvement within the annexation area will be in accordance to the present City policy, and will occur regardless of the annexation. SEWER: Wastewater flows from this annexation will be accommodated by Septic Systems installed in accordance with Southlake City Ordinance that adopts the Texas Board of Health Standards for the construction of private sewage facilities._ This area is included in the wastewater Collection System Master Plan that is currently `� being studied. ROADWAYS AND ROADWAY MAINTENANCE: The proposed annexation area is currently being maintained by City . forces. The City will continue to provide maintenance to the current streets and will include them in the City' s ultimate street plan for upgrade. Maintenance for new streets constructed after annexation of the area will be governed by present City policy and subdivision construction standards. - POLICE PROTECTION: The annexed area is currently and will continue to be patrolled 24 hours per day, 7 days per week. No additional police personnel or capital expenditures are expected as a direct result of annexation of this area in providing police protection. /2 — EXHIBIT "A" TO ORDINANCE NO. 498 Annexation Service Plan Page 3 FIRE PROTECTION AND AMBULANCE SERVICE: The annexed are is currently and will continue to be provided fire protection and ambulance service by the central fire station until additional substations are required by development in the general area of this annexation. The additional staffing, equipment, and. capital expenses will be incurred regardless of the annexation. SUMMARY: Fire protection, Police protection, Water and Sewer services to the area can be provided at no direct expense to the City under present policies, ordinances, and staffing levels. All other services can be provided via Franchise Agreement with TU Electric, Tri-County -) Electric, Lone Star Gas, Planned Cable Systems and Lakeside . Sanitation, Inc. - RECOMMENDED FOR COUNCIL CONSIDERATION: Curtis E. Hawk City Manager 7c _ ? 9 TRACT NO. 1 12/21/89 (-) BEING a tract of land out of the R. D. PRICE SURVEY, ABSTRACT NO. 1207, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at an iron pin, said point being 267.0 feet North of the Northwest corner of the J.W. Chivers Survey; THENCE North along a fence 956.6 feet to a set stone for corner; THENCE S 89°10' W. 1367.8 feet to a pipe for corner; THENCE S 87°58' W. 116.4 feet to an iron pin in the Easterly line of County Road No. 3016; THENCE S 43°40' E. along said Easterly line 117.3 feet to an iron pin at the beginning of a curve to the right; TIDE 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. —Sr /2 .c._ 1 3 III ,R P• - sai . It; 'tam ,—a - .�- MO `II y ' _�— a iea lik ` .. Illi .:r., . • • . ` r 's � try :3 _• �� • �" Tlt'� y : srta+ 111.111. �eg ec • . _ 1 r �,1.• uwa�Ge°.Aseyw• Yj0 •t • \ - <„,A v4- 104.. 5wyt f: T r4. ' - 1:.005 s • x to 15 ... _q TR A3P sera! ��A'/� n �r v + _ y.�9 ae < V S { ,,•�rx 6 1 • n laa d f r 1 f _ St - Tt%.2 �' ., 6.tw i, i. '�I<‘ y 9 � a,r. pP.LL� p�Cr - .1 `�yti All 014. ell 1:1111111:111 1 iv. . *LI 1.R ACT L 0 C 2►0� oo. f b l e • •• Pi % - _ - _, _ :t.•• - ' ..__ TARRAt�T --------------- _ COilt�TY_ _ COiil+i?t •• • • \ V • t: • - ` •. - \ - 3--% il5 1:t >it;441.g. • O • �T ` -•sue —•- __ - ' i w ♦ A r 3 f - 2S. Y ��• - , 1, • —. ^ 'tom:;- lY-:.iik•7.. 3 5 • - �� 1 _ - __ ....\., p •.• •8‘ Walk .141• 6% ,‘.4t-' '''''- •- 'c . %. rie I. 7.4 i \1/4 �1. t yi -' S•.4t ••s • h* ?: ` • -`-.‘ �. •••\ !' sr•• \ c 14 • 410 \' x R . 1 11 •i; • `_ - R0 - t 8to�� n :t- 'mat . w • :'T: .7•% i .i a 'i t QolIP. t - . . ••\ (2 y an -t T S1'OR. TAl�1K - t rs � j j. 1 Z"' t8 \ `K.•p6Kf t so.n. •ma. •r- .41 F. a 1W�r••� �~ r %! ' O j - 2..• I„ \ 18 r, s'a'[v -V1Ca 11 !' /`- 7U- _ ~ `lir— I IP TO z \ 20 • 70 1 ,. At., .w:: J. 04 • • 1. • • : \ - :aG... 1�. Ya 7 - S• of` a95.* Y- .c et' S ..a • • 7:: — —— - • \� t�, i - ` ... / :4 - „ PROPOSED WATER SYSTEM 18u 81/ so t. . ',..... ./.,,, 11;-- .: • 1 \ . • S` 24 " 0.38°/0- g •t• . 13 .. ..-. , . . \ . --- N . -7 C. • - - ' * /6" .@ ) it ., \ t/ • - •- - - 0-5°%7" - .. , \it) 6 @ , -\ 2q" r� 0.36°lo . c ;;1 :\ •• -: -:: i r -- • • ' .:"a i . ?�_ � mow. z• ^l- . � .. • . • ' .s .. 4 a.6o% -, jai• � • / ' s., - . , \ -t - — .+ _-! ! .. � . \ - •7'.,_._:.-Kif::•,L-- ...:;•-.4. -i!;... .-• • • ; \ ---; •••-:•., i. 'i...". : -1 .--- ,.. __ . ..:-..„.„- .. ...-.,,,ei .../..,. -It.,,' ?Of. • ' ..gypici 4. :-i . _ :._jam. �' i".a" ®OG .'t•f•• •• .!..!• ; • : . : ..F ' - - ...,. • s,..:.::::•-:.:,--- ••-47-:.--•,. .;.--.":•• '•-•"".... . —11.4...._ •16. - ' ‘41011...4::,,I..../4?:- - U:4C1%•- - -e— st __ • _ _ _- _ . ,..,.. fI ,` 1.. i.• , ._ _._ \\:. / -. .-- , / .. .40\ -, __ 4......t. '„:....: 44 ' wys• . !. -- -. 14- 4% . Q:s-A 6 ®q 0.8042J0 .. e@ 060%l' ,,',' . ° • 3 . \le @ • ••a./ „ • ri C.) —� p1-AN \. . / POSED SEWER / . .c: _ 7 ,/ 12" ® 0.33°Jo - A \ _. . _. .. \ ...,.. ••....\ Ufa,.-______... \ I •• - R. 1, � �- . T ,�j:�t� EXHIBIT "A" TO ORDINANCE NO. 499 ANNEXATION SERVICE PLAN TRACT 2 GENERAL: This annexation incorporates an area of the R. D. PRICE SURVEY, ABSTRACT NO. 1207 , Tarrant County, Texas, referred to as; TRACT 1 (see attachment) . SOLID WASTE COLLECTION: Solid Waste Collection service in the City of Southlake is presently being provided by Lakeside Sanitation. UTILITY SERVICE: POWER: (TU Electric/Tri-County Electric) will provide power service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. GAS: Lone Star Gas will provide gas service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. CABLE TV: Planned Cable Systems Corp. will provide Cable TV service to the annexed area under ' terms of an existing Franchise Agreement with , the City of Southlake. TELEPHONE: (General Telephone Company/Southlake Bell Telephone Company) will provide service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. This will include the "9-1-1" Emergency Program. WATER: The City of Southlake is providing the water service to this area and will continue to upgrade the System in accordance ;with the current Distribution System Master Plan. la`O EXHIBIT "A" TO ORDINANCE NO. 499 Annexation Service Plan Page 2 WATER: Attached is a map showing the System Master (cont. ) Plan with the ultimate water facilities' for this area. All water system improvement within the annexation area will be in accordance to the present City policy, and will occur regardless of the annexation. SEWER: Wastewater flows from this annexation will be accommodated by Septic Systems installed in accordance with Southlake City Ordinance that adopts the Texas Board of Health Standards for the construction of private sewage facilities. This area is included in the wastewater Collection System Master Plan that is currently being studied. ROADWAYS AND ROADWAY MAINTENANCE: The proposed annexation area is currently being maintained by City forces. The City will continue to provide maintenance to the current streets and will include them in the City' s ultimate street plan for upgrade. Maintenance for new streets constructed after annexation of the area will be governed by present City policy and subdivision construction standards. POLICE PROTECTION: The annexed area is currently and will continue to be patrolled 24 hours per day, 7 days per week. No additional police personnel or capital expenditures are expected as a direct result of annexation of this area in providing police protection. EXHIBIT "A" TO ORDINANCE NO. 499 ( Annexation Service Plan Page 3 FIRE PROTECTION AND AMBULANCE SERVICE: The annexed are is currently and will continue to be provided fire protection and ambulance service by the central fire station until additional substations are required by development in the general area of this annexation. The additional staffing, equipment, and capital expenses will be incurred regardless of the annexation. SUMMARY: Fire protection, Police protection, Water and Sewer services to the area can be provided at no direct expense to the City under present policies, ordinances, and staffing levels. All other services can be provided via Franchise Agreement with TU Electric, Tri-County Electric, Lone Star Gas, Planned Cable Systems and Lakeside Sanitation, Inc. RECOMMENDED FOR COUNCIL CONSIDERATION: Curtis E. Hawk City Manager (_ /? TRACT NO. 2 12/21/89 BEING a tract of land out of the C.B. McDONALD SURVEY, ABSTRACT NO. 1013 and the P.R. SPLANE SURVEY, ABSTRACT NO. 1453, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at an iron stake in the Northerly Right-of-Way line of the St. Louis - Southern Railway Company, said stake being a Southwest corner of a 5.33 acre tract of land as conveyed to American Petrofina, Inc. by Inez Blevins by deed dated January 15, 1958, and recorded in Volume 3179, Page 593 Deed Records, Tarrant County; THENCE Southwesterly along said right-of-Way line to a 3/4 inch iron rod as described in Exhibit 'B' to Annexation Ordinance #139 of the City of Southlake; THENCE North 0 degrees 23 minutes East 170 Varas (471.75 feet) along an east line of said Ordinance #139 to a 3/4" iron rod for a•corner; said rod also being a common point in the South Boundary line of Annexation Ordinance #138; THENCE East along said South line of Ordinance #138 a distance of 666.65 feet to the PLACE OF BEGINNING, and containing 3.61 acres of land, more or less. I _ I . t 4b 4 s .ti6µ4,,i0VI.I U 4 ... + LIAc -, - � s � tom} .. : s • ',Lasers ‘0.4°60, l I ( o III 120cr\S- . 4%.4 O T2 L>r r 4� Lrvx b" , . rawer9 ;Wm 11191c6 7 - ZRf/A Ttl[IrK n rises PS c .R.F i1.• ..yy O . 44 at 1 ' T=3R2 S f• �;. � 1 •f . 1.i s.NAc - ' v J b' • • .. w :Rr878 1 T¢3A yr. i f 144 K li u 1 o_ .„5 ,131b..1 1. iriYa• 1, 7R Mt 5M fB.4 A~••t• , ♦1. 1K le Mi c u 4:+ MZ . R It a/i Ilik4E 40. 1 's!v- ;,/.41:7.•;°- -- °WI.— s,,,,....t.1•••0• 1 • c IAIe ` "re 'PAL ,p Q� it AlO , P . • .4IAd1 6'6 114S) T C 1 ` - 11•r--^ 1., I 2 - r ri4er ------ .----------- -"•-----------.---. AC T LO , 8u •ti R „ . �� • 1 - 1 v 7 Ise. 12 • �/2 • pt o t . _ Tihts,-- :- _... ..cr•-- 76---. 4,...,4b," • • S��_o , •. 2 2D �� 12�� • -..1is •--•.) • E. 4" a ; ♦ti _ ti == �; _ . -PROPOSED 5 - , •,. �' ' Y #•f.• M.G. GROUND. . 60 , ` _ W/PUMP �� ti • + ? i : STATION i :, • 4 _ 1:- . tr :._ A 1kF ;-1 its' 4 • PROPOSED 1.5 A G. aF• ' _ V- -EL.EV STOR. T4NK . _ 1I - ''`4 8n 8° ..s .., 12 - % • ._ .....--_ • =‘� 8" ,, 12; •• ♦ - 4 4 611 12" • -- --t..e+ A- ';..,.�+•.••• • • 1 t • .• • . ♦ -- E ,. 60 E �Q f j • • 6:114.51i4k510 % ' .... , 4.41r.41.-41.-e-41.41,--0.rit-77. • • 112�� .i ,r� ♦ . • • • sk ♦ • • • • 6'47 .., it' TVs '' • - `44 • PROPOSED WATER SYSTEM `4 F"`"-i 1 * a If` s f , -1_ _ "-3 t Ica I • �0 •• .a • • f , L—= _ t'`'.•i^•ate•:�• _Y3 V •#i ' • ♦ ': fir :.. _ , ti 'lt _' .\". ,, J/ • ::••••*"..... ‘.... -- 7, �.• ..-: \ • . : i 4,N-41," '..";-\ 7 y:. 'R . 4 JL �� � ter ti ` • -, •• •.•4"„".•.:"- •ls,.•!I :•,;•-'---_ . - . 4. \ .: * -% :. \ f :. N,"0 0.606/0 r ... ,,cps.1 i., ,. ..?... ..,,_ ..,... :.'t4 woloi. -if o 0 ro . \.. -; \,01,:• ‘.i"S 16.;:... c‘). / per/ 1• lie�`- .. ` I /f • "" 1 7 ,r677 :,..-1/4,• . „ , ": . . • t - p �q 03p°jd•: � '`., @0.32%. . • "� • 12"Ca'J • 12„ (0 O : .a # 12"(a ./ I •7' ., 2. ip ... : :. ,:{• R., .. - -- PLAN ED SEWER rt,. __ 3►1 pRUPOS _/ r 6 ! City of Southlake,Texas MEMORANDUM February 12, 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 89-71 Zoning Change Request ZA 89-71 is a zoning change request for 33.626 acres out of the Harrison Decker Survey, Abstract No. 438, Tracts 1B1, 1B1C, 'and 1B1B. . The tract is located north of Highway No. 26 across from Grapevine High School. The owner of the tract is Conoco Inc./CITGO Petroleum Corp. The current zoning is Industrial-1; the requested zoning is Industrial-2. The Future Land Use Map indicates industrial for the area. There were eighteen (18) letters sent to property owners within 200 feet. To date, there have been four (4) inquiries regarding this request: Mrs. Gollihugh, 1217 Timberline Ct. Mrs. Gutierrez, 1225 Timberline Ct. Mr. Brown, 1231 Timberline Ct. Mr. Qualls, 1237 Timberline Ct. They all expressed concerns regarding their safety being in such close proximity to the facility. Mr. Brown also complained of the noise associated with "the flare" . On December 21 , 1989, the Planning and Zoning Commission approved (5-0) the Industrial-2 zoning request. ' On January 2, 1990, the City Council approved (3-2) the First Reading of Ordinance No. 480-11. The Council strongly recommended that Conoco address the neighbors' complaints of noise associated with the thermal oxidizer ("the flare") . On January 11, 1990, Conoco, Inc. presented a letter requesting that the Second Reading of Ordinance No. 480-.11 be tabled until the February 20, 1990 meeting. On February 7, 1990, Conoco Engineer Robert J. McCall met with Director of Public Works Michael Barnes and Councilperson Sally Hall to address some of the City' s concerns. Attached is a copy of Mr. McCall's letter to them in answer to some of the questions posed during their meeting. 13 - 1 `cvnvcUJ Robert J. McCall Canoes Inc. District Engineer 3519 Patrick Street Trensportaticn Lake chariot, LA 70605 - (315) 475-4051 February 8, 1990 City of Southlake Michael H. Barnes, Dir. of Public Works Sally Hall, Councilperson 667 N. Carroll Avenue Southlake, Texas 76092 Dear Mrs. Hall and Mr. Barnes: Pursuant to our meeting of February 7, this letter provides answers to the questions that we discussed, and background information about our terminal operations. The first section addresses the attached special provisions from the Texas Air Control Board (TACB) . The following section titled "Other" addresses the additional questions and recommendations that Mrs. Hall had at the meeting. TAQB Special. Provisions 1. The facility records total emissions of air contaminants from all sources at the Southlake Product Terminal and does not exceed the TACB limits. The total terminal emissions is 44% below the stated TACB limits. Likewise, the flare has drastically reduced emissions at the terminal to 72% below the TACB flare emission limit. 2. The facility complies with all requirements of the Environmental Protection Agency (EPA) regulations 40 CFR 60, Subparts A and XX. Below are applicable comments to the requirements to both subparts, and how the facility is maintaining compliance: Subpart A - Definitions o EPA and TACB have the right to enter the facility at any time and perform inspections. o EPA performance test - By testing various flare models, VOC recovery efficiencies were determined by the EPA. The John Zink flare, which is the model at the facility, recovers 98% of the VOC from the gas stream. Consequently, the TACB does riot perform stack tests on the facility flare based on the EPA's findings. o The TACB has monitored the opacity of the flame from the flare since installation, and has found the quality of the flare to be acceptable on all inspections. 13- 2 . :,page 2 Subpart X - Emissions from Truck Racks o The facility does not allow a truck to load without having a vapor-tight trailer or vapor collection systems. Likewise, it is the responsibility of the facility to take action to enforce such regulations, which is done by training sessions for the drivers and visible reminders. o The facility is inspected for VOC leaks once a day by sight, sound, and smell tests, and subsequent repairs are made within 15 calendar days. 3. The facility is complying with the stated throughputs. Attached are product load-out reports for 1989. It should be noted that throughputs are based on a calendar month average load-out. The facility is currently applying for a 10,000 B1D diesel permit due to future forecasts for increasing diesel sales. The throughput limit for gasoline would be appropriately lowered to counterbalance the increase in diesel throughput emmissions. 4, Daily throughput records are recorded and kept on file at the facility for four years. Also, daily throughputs are kept on microfiche for ten years in Conoco's Transportation Accounting Department in Ponca City, Oklahoma. 5. All gasoline loading emissions are collected and routed to the flare. As was stated in Provision 2, the TACB has performed random visual inspections on the quality of the flares flame and the results have been acceptable. b. The flare is equipped with continuously burning pilot and a automatic pilot reignition system. The pilot reignition system provides immediate notification to plant personnel when the pilot has been extinguished and shuts down the loading rack. Four monitors which will shut down the flare are; water level indicator for the water seal, temperature sensor at the flare's burner tip, blower failure monitor, and pilot gas line flow regulator. There have been no flare component replacements due to the relatively new age of the system. The flare was installed in mid 1988. 7. The flare pilot fuel gas supply line is equipped with a visual pressure gauge and pressure transmitter which confirms pilot gas flow. Any variation to the preset pressure limit will shut down the loading rack and the flare. 8. . The facility performs sight, sound, and smell tests on a daily basis. Attached are copies of the inspection reports since January 17, 1990. The facility records all maintenance activity on the flare system and its components both scheduled and unscheduled. All records are maintained for a period of two years and provided to the TACK at their request. i 3-3 • . • . . • . • . • • . • • •• • - ••: • . • • • r. 1. . - * Ziremall Around Tank Fare In response to the fire department's desires to imOreViithe emergency • response in- the Southlakeirea4Ythe facility is càiducting a safety - • •audit this month. At this:timc-. the issue of an additional firi wall - - swill be discussed, sithough.we are unaware of any such requirement per National Fire Code. A copy of the audit will be submitted to the firs - . marshall at the next Mutual Aid/Emergency Response Planning meeting in the latter part of February. .• • • • 1 Flare Noise_Abatemen; - . _ We are currently in the process of evaluating means to improve flare acoustics to allay concerns of community members. We hope to present the findings at the City Council hearing on February 20. I would again invite and encourage all. the City Council members to visit . the terminal for a tour. We are very proud of our facility and being part of the community of Southlake. We welcome this tour as an opportunity to demonstrate our operational expertise and concern for safety and the onvirenment.of .Southlake. I will contact you next week to schedule a tour. • Sincerely, . . aZe RARER J. MtCALL • District Engineer • • _RjM/da/22 . • • attachments • r • • • • ' "----- --- • • • • • . . • . , . . • • ••• •. .• • • • • : • •• • . . . • I. • 13-1 ! SPECIAL PROVISIONS R-9008 1. The total emissions of air contaminants from any of the sources shall not exceed the values stated on the attached table entitled "Emission Sources - Maximum Allowable Emission Rates." 2. This facility shall comply with all applicable requirements of Envi- ronmental Protection Agency Regulations on Standards of Performance for New Stationary Sources promulgated for Bulk Gasoline Terminals in Title 40 Code of Federal Regulations Part 60 (40 CFR 60), Sub- parts A and XX. 3. The loading racks at this terminal are limited to a throughput of '22,000' barrels per operating day (BPOD) of gasgline (30-day rolling average) and '5,500 8P0D•of-diesel: (30-day rolling average). 4. The holder of this permit shall keep daily records of gasoline and diesel throughputs (BPOD). Records shall be maintained at the plant site and be made available to representatives of the Texas Air Control Board (TACB) upon request. 5. Gasoline loading emissions shall be collected and routed to a flare and the flare shall be operated with no visible emissions: 6. ' The flare system shall be equipped with tontinuously-burning . n pilot and an automatid pilot reignition system. The pilot reigni- ' tion system shall provide immediate notification to plant personnel when the pilot has been extinguished and shall interlock with plant controls to prevent normal plant operation until reignition is con- -firmed. Those components of the automatic reignition system which require periodic replacement shall be replaced as needed, but in no case shall they remain in service longer than recommended by the manufacturer/supplier. 7. The flare pilot fuel gas supply line shall be equipped with a-flow' rinditator, such as a gas rotameter, which will provide visual con- - firmation of pilot fuel gas flow. Any interruption in pilot gas flow will require immediate corrective action. 8. Checks' shall be performed on the 'flare system each working day and the results of these checks-recorded. All maintenance activity on the flare system or its components, whether scheduled or unsched- uled, shall be recorded. The above records shall be maintained for a period of two years and provided to representatives of the TACB at their request. • Revised 11/10/87 . • ** TOTAL PAGE . 005 ** 13'S • • METiai AND BOUND ; TRACT D SCRl.Y'i.toti:S RACT 1B1B Beginning at the northeast corner of the H. Decker survey, A-438, Tarrant County, Texas; thence south 8,. 5 varas; thence north 80 degrees 45' west 36'/ varas; thence south 52O.4 varas to the true point of beginning: thence south 368: 1 varas to the northwest right-of-way line if the S. L. .& S.W. Railroad; thence north 54 degrees 35' east 423. 6 varas; thence north 0 - degrees 23' west 122.6 varas; thence north 89 degrees 45' west 345.4 varas to the true point of beginning, and containing 15.0 acres, more or less. TRACT 1B1C All that certain lot tract or parcel- of land located in the H. Decker Survey, Abstract 438, Southlake. Tarrant County , Texas, being a portion of that called 33. 63 acres. being a residue of a tract conveyed to Continental Oil Company (now Conoco Inc. ) by deed recorded in Volume 3081, Page -248, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron pin set in the west line of aforesaid called 33. 63 acre tract for the southwest corner of this tract . said point of beginning being by description South 8. 5 varas, north R9 degrees 45 minut.•- west 367 varas, and south 520. 4 varas from the northeast corner of aior•essi H. Decker Survey; hence with the west line of said 33. 63 acre tract, and generally with a fence, north 00 degrees 11 minutes west 185 .0 feet to a 5/8 inch iron pin set for the northwest corner of this tract; Thence departing said west line, south 89 degrees 25 minutes 3U seconds east 470.0 feet to a 5/8 inch iron pin set for the northeast corner of this tract; Thence south 00 degrees 11 minutes east 185.0 feet to a 5/8 inch iron pin set for the southeast corner of this tract; Thence north 89 degrees 25 minutes 30- seconds west 470.0 feet to the place of beginning and containing some 1.996 acres of land. TRACT 1B1 Beginning at the northwest corner of the tract known as 1B1B in the City of Southlake, Texas tax rolls thence south 89 degrees 25' 30" East 169.20 vara (470.00' ) ; thence south 0 degrees 11' east 66. 6 varas ( 185.00 ' ) ; thence south 89 degrees 45' east 176. 20 varas (489. 44' ) ; thence north 0 degrees 23 " west 62.62 varas ( 173.94' ) ; thence due north 241 .30 varas ( 670. 28' ) ; thence north 89 degrees 45' west 345 . 40 varas (859. 44' ) : thence due south 238. 44 varas (662.33' ) to the true point of beginning, and containing 16. 63 acres . more or less. • I340 IWIST►ARRIOOP TROPHY CLUB • '\ SAN,' LAKE �` �` GRAPEVINE y I r.. " t A... RO _ 6 W .- f " 6 f f fa •• � ; UOEI JONES no I ROR c JONES J ! • g W I I POSSUM HOLLOW -•z GOOSE Z NECK ON FpY��\ �' . 2 REDBIRD IN 3 n 52 S E • ��� f 3 aAYEA I, , : W i • GPf f(an s` • a BASS 'OR J rBBUIN%TE NUT SOUTH . $ Y�� . ___ I CRAPPIE TRAIL LAKE „ THOUSAND OAKS - TY I •_I ',- �� CUR-, SOUTH LAKE�� . A.�� . ...1..4�mm meow lmi Wo IILf. DISTRICT BOUND' S v� ���' ��"�������� o IO- tiLl1.ANA - " : 2 - :¢SOUTHLAKE XARBORN� s= ��---^ . I� as= w0000R : y • `►R.E G6 LAKESIDE --' : OR e;� �° IU � 'a f�\% BRIilnI •1 y 6NARBOAWNITE'"e e�� o y % I HILLSIDE OR +N"T wIN6 CT o; W _ 2 CRESCENT DR XARBOA. . BLUE TEAL CT:n Afif' IZ \ • 3 SOUTHLAKE PK_W.p • CA •W •1 WOODLAND OR BURNET i T LN LARESNORE_ SHILLTOP DR - 'J` a I • I W ®\ SWEET ST Cq GDP! o a Z•6RAYEL RO•M • 3 Ant ;W • �-� fCT OUAILSUNRO. ";GRAVELNO 9�RFOREROLN.-- IZ ' 4.'- OM CT TATIOA ST w' ax s w4 0= i- _ .+ _ _ W 14>.�g4'�ac�RT IO �. e. W __ OOVEST_E¢! i fMERAL[ICIR• " t?Ip FWR;1(I� '� DOVE ST_W ?�. •� �Y •� -" os a OV ROBIN o W" SCHOOL L t•o u a 2OND RR to IQ V. Lp a... - HIGH SCHOOL s - �'r r'>cQ ti. IV - =" -• Q � _ - o� o �t E! 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MIDDLE OL . s..r M Z CT WILOWODO•L : SCHOOL • 9BROOK'A: I. �MEAOOW�B�y4�P�ti e= RAINTVEEOB• :IiAF' IEN RD I..• - GLEN ...• I LAKEWDOD� DR' pPy y9-,� - �1i GLEN .. _ ! MISS49 il0 PR` o i • GN`� z GREEN AOL'GN DR I COVE -� iLOVE HENRY CT -f,7 W1'" ; „ e yROLLIN6 HII� HILLSIDE a .AE- ;F74� 'y � CITY �N ~'="'` '1-4 J 4 LODGE !s-A ON- q 6 HALL ® 3 y y "3., m `I. Y 1 RIVERSIDE ,lj I' '� ySa o i.e. DIAMOND BLVD: `' 2 COLUMBUS IT 3- "I3.' I BICENTENNIAL F • le—DIVE ycQ��a I • ON y I o • RUA'ta-,•6 • . ;'.UTHLARE BLVO_W• 1A S �� ` SOUTHLARE BLV0.E j7gNf KfI A 1N: •S ,I i r' i o . oo yo. ' GOOOE PINE PINE CT.E r 3 y 'wEO. ''- ` e AIRPORT i'" f- cr• -••- i �' o LC • W Y,. LILAC • 3 m oo�� IT- = E ' d e . No ens am EXCHANGE BL•: o5. • RAINBOW w ST "llitIUS-: I .MIC�EL GREENWOOD d R 1 GRIP b BRIAR - 'T. - ems' s Z. 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I �,�%}.. • w 1" TRACT I (ag1B) zc ,,, 15.00 ACRES TRACT 3 (18� vr S 66.6 IVRS. I OWNERS I 16.63 ACRES (185.001 H CONOCO INC. I OWNER ti� o I AND ct CONOCO. INC. V �.ti in � CO 2 � I. CITGO PETROLEUM CORP. • I > CV AV > A JOINT VENTURE Ys NI e.7_ NI ail ci •zr 6 ' p�ij, .0 1 CO k. O 9y� s 3I W N. I e r� vl In In' ����o. • iA J J N ZI m (185.00') mlm • • 66.6 VRS SOUTH 238.44 VARAS (662.33') H N 00• II'W Z Z SOUTH 368.10 VARAS(1022.50') P.O.B.TACT 3 ro.S.TRACTS I AS 888.50 VARAS (2468.06') CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-11 AN ORDINANCE AMENDING ORDINANCE NO. 480, THE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 33. 626 ACRE TRACT OF LAND OUT OF THE HARRISON DECKER SURVEY, ABSTRACT NO. 438 , TRACTS 1B1, 1B1C, AND1B1B. AND MORE FULLY AND COMPLETELY DESCRIBED IN EXIBIT "A" FROM INDUSTRIAL-1 ZONING DISTRICT USES TO INDUSTRIAL-2 ZONING DISTRICT USES IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO, WITH THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE, CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000 . 00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City instituted a zoning case to amend the official Zoning District Map of the City of Southlake, Texas, as required by State Statutes and the Zoning Ordinance of the City of Southlake, . Texas , and all the legal requirements, conditions and prerequisites have been complied with, the case having come before the City Council of the City of Southlake, Texas, after all legal notices, requirements conditions and prerequisites having been complied with; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites , safety from fire hazards and damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the over-crowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council of the City of Southlake, Texas did consider the following factors in making a determination as to whether the requested changes should be granted or denied, effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on adequate light and air,- the effect on the transportation water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, facilities the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the City of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1 . That Ordinance No. 480 , the Zoning Ordinance of the City of Southlake, Texas , passed on the 19th day of September, 1989 , as originally adopted and amended, is hereby amended and changed in the following particulars and all other existing Sections, Subsection, Paragraphs, Sentences, Definition, Phrases, and Works of said zoning Ordinance are not amended, but remain intact and are hereby ratified, verified and affirmed. A. That the allowed use of a certain tract or tracts of land being approximately 33 . 626 acre tract of land out of the Harrison Decker Survey, Abstract No. 438 , Tracts 1B1, 1B1C, and 1B1B and more fully and completely described in exhibit "A" from industrial-1 uses to industrial-2 Zoning District uses in accordance with the exhibit attached hereto, and incorporated herein, and with the specific requirements contained in the Ordinance. Section 2 . The City Manager is hereby directed to correct the official zoning district maps of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets, to provide adequate light and air, to present over-crowding of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made with reasonable suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . This ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon -16 -3- conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000 . 00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8 . The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City, creates an emergency for the immediate preservation of the City of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED on the 1st reading the day of VAU4. J_14.4 , 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- City of Southlake,Texas MEMORANDUM February 12, 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. Hollstein, 1201 Oakwood Trail, had concerns about the alignment of Summertree Rd. and the additional water generated by this development. On December 21, 1989 and January 4, 1990, the Planning and Zoning Commission approved (6-0) the applicant's request to table until January 4 , 1990 and January 18 , 1990 respectively. On January 18 , 1990, the Planning and Zoning Commission approved (3-1) the zoning change request and the Concept Plan. The dissenting vote was opposed to the alignment of Summertree Road because car headlights would shine into Mr. Hollstein' s bedroom windows.On February 6, 1990, the City Council approved (4-0) the First Reading of Ordinance No. 480-13. KPG/ew IMF -r 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. r 1 r�EiB30M Lq_ ._.,._.- _9.T �.. -. c `. 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RIM .W.AS SHOWN ON CITY THOROUGHFARE MAP ' PROPOSED Pi10( ER LAKE/ ... 7''' ;, '• .: .'"'''..,.."' . . ..... , • 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 ANI , COMPLETELY DESCRIBED IN EXHIBIT "A" FROM GRICULTURAL DISTRICT TO SINGLE FAMILY 20.04V 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 /�y `I } 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- /� /., Section 1 . That Ordinance No. 480 , the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989 , as originally adopted and amended, is hereby 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- /L// 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 Southiake ATTEST: Sandra L. LeGrand, City Secretary • APPROVED AS TO FORM: City Attorney City of Southiake City of Southlake,Texas MEMORANDUM February 12, 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administ rator SUBJECT: ZA 90-01 Final Plat for Arnold Estate ZA 90-01 is the Final Plat for Arnold Estate, 5.23 acres out of the Thomas M. Hood Survey, Abstract No. 706, Tract 8H. The tract is located on the north side of West Highland Street between Shady Oaks Drive and North White Chapel Blvd. The owner of the tract is Mary L. Arnold. The zoning is Residential Estate. No additional letters were required to be sent. On February 8, 1990, the Planning and Zoning Commission approved (5-0) the Final Plat of Arnold Estate subject to the City Engineer' s letter dated January 30, 1990 omitting item #1 , reducing all perimeter easements to five (5' ) feet, and eliminating the additional easement surrounding the pond. KPG/ew 15-I i Imli y......UIIJ:_1•• --�';j - n nr ninnir 1 .,�.� NO -.. 011.1 0 - r h hi 111iy. !1 III Ili.ilif �dki i �'''!,1lnllia 1I1b9w1iBBwl � '�•�II IB liil t1117 , ie Ylili,i ; i ,�/1B Ia.wBBBtiiiia ,�.� N � "illilii a r.„ !t•11 9 r� 1 �Ot�••r.,, BBwiiijyi71 i -. ; . ,: N....,,„, --1. ;. ; . . ,..., r e„.151V1. lif if • ILI fin. t; .--1 . ° Eli / E _ MJ- a�rtm�!� 1�- r = mar_•i! 1111N1 ,., i.. 5mom � , _' 1 p1I w t1 IL 11 nitiie 1 YY11' 1 INNy � Rilntinrr�3 ��le / I • '-'"- V. .1 i� -f 11T 1I111Mili1 l • P 1\ 1 ' dtin ! . 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( bone �Ar,'06 zs1 SF-1 3s • Ron StacyJames F. BowlAc ca A 5 ® � II 'I 2•00 TR SG ........... AG TR 8F , : 1.5 " --,7-1 r-,„ >_ Tti R11 1.95 e! CI 2828 5-0 A • It co R. Stacy _ ilml RV: AG / I 3 TR SE Michael Hall Jelynn 11.] AC Ii TR 861 .B2 .92 3 282C AG I ;S AC: AC AC SF 1 — HIGHLAND STREET as Areal Gd nt ,w I w. , TR 8A4 .51 AC.. !TR 8A4A a `; AG -• 1 J.D. Ramsey G. Davidson F. . '. us . TR AG • AG . eA1A . . L VTR-$A6 TA 8*6A 1. 1! - .. . TR 8A 11 . -----] ta 1.2 AC 1.0 AC " 2.33 ACs TR eA TR 8A 16 3?' � ----,""ws i0.�� Al; 4.9 AC t (4.4 AC) I TR 8A3 "' (.50 AC) • e .n a �^ 15-14 . A FINAL PLAT OF: ' LOT 2-5-I i LOT I, BLOCK I . - ARNOLD ESTATES : • - - - - --N EA' 32' E .." 346.0' — — ---- , • m I - --1 ---e 'ROAS. I • I i 1 I . I . I • I . A I • L... ' I ' 1 It -.., AMOS N. 14- 19 I ara "....f CHRISTINE E . I I , , I&t "4? 2.1CD i 4136 Ist I & I 1 i ...../ i .0.- - • .. 1 : ,--- I i • I, rei - . •_ r 1 • . - D ei NI i`• 2-B. A $ I I ..9 , a i-: S le, . • r.-- . I0' ' ZONED ;9 3 • i )0ITION N . Ix I• b I, . Li) . E I zI LOT 1 BLOCK I I ki I I I.0 ac.. Ii) I I Rm. In WA.Co 433;Fl:k.357 I I I . , I . . I 2•C . . . I I " - I I i I I 9rE i • . I - ! I . 40 BUILDING LINEI 3447Z' I-• . • -0! .. il ° I 33 DEDICATED FOR ROAD WIDENING . It LI , -....... '5 en e 32' W IA 344.66 ca.. - . W.E ST HIGHLAND ROAD , 'ZONED •___ • AG A Fit' 141,JF 1 r's-r- , • 15-5 • City of Southlake,Texas MEMORANDUM February 12, 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-02 Preliminary Plat of Austin Oaks Addition ZA 90-02 is the Preliminary Plat of Austin Oaks Addition, a 1.33 acre tract of land out of the Thomas Easter Survey, Abstract No. 458, Tracts 2C and 2D. This tract will access a 39. 91 acre Single Family development in the City of Grapevine. The tract is located on the north side of Highway No. 114 east of Shady Lane. The owner of the tract is Javatex, Inc. The current zoning is Commercial-1. There were two (2) letters sent to property owners within 200 feet. To date, there has been one response to this request. Mr. Norris Graham, property owner to the West, offered no opposition to the request. On February 8 , 1990 , the Planning and Zoning Commission made a motion to deny the Preliminary Plat. The resulting vote was two (2) in support of denial, two (2) opposed to the denial, and one (1) abstention. KPG/ew !b-I sinu aw W i v 6- N IS�R t E • LN _ _ APPiE TRAIL LAKE _ i TNDUSAND OAKS - e CI t �SOUTH LAKE = i�sllrs��m� 'LCY1•`me. m�� mt. se 1� mow ===== ¢ Or W °C DUTHLAKE HARBOR N� -, K.E =W ¢= SIDE , m.= "W OR IAR e y y NARBOB W ; ! 1 HILLSIDE DR -f WI e sE 2 CRESCENT DR r- HARBOR BLUE TE ••`� 3 SOUTHLAKE PK_W o LAKESHOAE Oq;6RAPEVINE- 4 WOODLAND DR _, HILLTOP DR - Op >> E� DOVE LOOP RD c9 ��� or¢ W GRAVEL RD N ANG 0 E '® iREST DR TT ST o • FE OUAll UN QO --... .. Ili REDBIRD LN i53,xa s. W000 TR W x y TAYLOR S o R • •o t�.. `.f 1sx,`(' 4rOBE$T SO RE 0 0E'% C. 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O �1� / O.o• , CO' 7 o.•eac • „ •[• jay.' � 4' 4: -_' I i I i . _ `, - „t-weiOV Lne ,/,.._, ,,o. ____L___i_. ` aC i°' • ,����ZIC'. +C ' 9 .. ,// /- _fo or - i_ � 4�.57t�• 1 , / OCe —— . �P^' • 1 :k • ny'. 00 ws I OS' .S' ®. 70' •�^ I F :i . . 5 ? 5 al 0 7 ° , e rC n re V b ! . t • -. -1==-2-='""r.g.-7 9R4J�EYJNE __L_-I Arn't 5n1c ,F—_—1_—_.,—_ 3?•`f -s5 so J -! cJ7?-OF 50►urN(((///dddrE -! am•t• I/otr�/4._ /eve. 2ir.. dew' 4507�' vQ v Gof/ BOaad'QO•/t/ �vir .443 4,/am./ G ~I1�/62 a I ,e 3.6 F-re Y. 0..5.ian C'c s-leS e. Arend•'.• I7 a -1 ✓a'Bn5_.-D ,ee� 1 =P .�- Nc O eery.• • lt it dG'6903 iC/ - 177.9N 'G rfr..••'J I.:{i Co,.OFe0,•eo4 te:,ve 502'38 25iC/ T1f G'-3 • �E iti 11Q till nods' - '� 1 . riA i5, ZON/NG EXAMS/7- , -N�,�,�.'7„K� Q� - •!JUST/N OAK5 40O/T/OM IG-4 LfA = City of Southlake Duthlok- Mayor: Gary Fickes October 8, 1989 Mayor Pro Tem: Betty Springer Counclimemb.ra Robert M. Mallory W.Wilhelm Pam.ta A Muller. Javatex Corporation Sally Hall 13140 Coit Rd. W.Ralph Evans Suite 518 City Manager: Dallas, Texas 75240 Curtis E Hawk RE: Winding Ridge Addition City Secretary: Sandra L LeGrand Dear Sir: The City of Southlake has conceptionally reviewed the property submitted by Javatex Corp. to provide access from Winding Ridge Addition (a Grapevine subdivision) to State Highway 114 which is in Southlake. Access may Aft be granted provided that the property in question is zoned correctly and that the Planning and Zoning Commission and City Council approve4 platting of the property. If there are any questions, please contact my office at (817) 481-5581. Sincerely, Michael H. arnes, P.E. Director of Public Works MHB/ew 411 667 North Carroll Avenue• Southlake,Texas 76092• (817) 481-5581 14- COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER-DIRECTOR ROBERT M.DEDMAN,CHAIRMAN AND PUBLIC TRANSPORTATION R.E.STOTZER,JR.,P.E. JOHN R.BUTLER.JR..P.E. P. 0. Box 6868 RAY STOKER.JR. Fort Worth, Texas 76115-0868 October 6, 1989 IN REPLY REFER TO: Mr. Michael Barnes, P. E. (220) Access Review Director of Public Works 04-COR-133-89 City of Southlake SH 114 Control 353 Section 3 667 N. Carroll Avenue Southlake, Texas 76092 REFERENCE: Winding Ridge Addition Conceptual Approval of Proposed Pacific Avenue Approximately 200 ' West of Austin Street On the North Side of SH 114 City of Southlake, Texas Dear Mr. Barnes: The State Department of Highways and Public Transportation has reviewed the attached plans for the Winding Ridge Addition and ' the proposed street connection (Pacific Avenue) at the referenced location. ' Based upon our review of the attached plans, the State agrees in concept to the layout for the proposed street connection to . SH 114. Necessary construction plans and permits will be required to obtain approval to install these paving and drainage facilities within the State right-of-way of SH 114 at the location shown. Should you have any questions, please call Chuck Humphries at 817-292-6510, extension 226. Sincerely, Glenn E. Elliott, .E. District Maintenance Engineer /hlh Attachments 1G 8 AmmAK 1.3140 CMCDZS 'IDadbo'Tops 7524o October 5, 1989 State Department of Highways and Public Transportation District #2 Ft. Worth , Texas 76115 Attn. Mr. Hulen L. Humphries Re : Two way access to State Highway #114 at Pacific Ave . ,Southlake Texas. See attached drawings and Mapsco Page. Dear Mr. Humphries ; We respectfully request your review and approval of the attached concept as shown for the construction of the exten- tion of Pacific Ave . into State Highway #114 . We understand that any final approval will be subject to the drawings and specifications to be submitted with the permit. Sincerely Robert L. Mallory General Manager - • 14 1 City of Southlake LIMO June 10 ,1987 Mayor: Johnny H.Westerholm Mr. Robert Mallary Javatax Corporation Councilmembers: 901 Coit Road #2054 Jim Wooll Richardson, Texas 75080 Betty Springer Charles Curry Rick Stacy David C.McMahan Reference : Exit of Proposed Pacific Avenue from City Manager: Winding Ridge Subdivision, City of Lloyd O.Latta,Jr. Grapevine, onto Highway 114 , Southlake. City Secretary: Sandra L LeGrand Dear Mr. Mallary, On June 9,1987 , the Planning and Zoning Commission of the City of Southlake met in regular session. They considered as an agenda item, the request from Javatax for the exit of the proposed Pacific Avenue from Winding Ridge Subdivision, City of Grapevine onto Highway 114 in Southlake . After discussion, motion was made and approved to recommend to the City Council that they approve the access in accordance with the plans and as recommended by the State Highway Department. The vote was 5-1 in favor . If you have any questions , or wish to discuss this further , please do not hesitate to contact me. Very truly yours , Ci y of Southlake Sandra . LeGrand City S cretary c.c. Mr. Bill Stoner, Chairperson Planning and Zoning Commission. J 667 North Carroll Avenue!Southlake,Texas 76092 •(817) 481-5581 16- Il • City of Southiake L I I • 3 1© `• June 10,1987 Mayor: Mr. Robert Mallary Johnny H.Westerholm Javatax Corporation Councilmembers: 901 Coit Road # 2054 Jim Wooll Richardson, Texas 75080 Betty Springer' Charles Curry Rick Stacy DavidC.McMahan Reference : Exit of Proposed Pacific Avenue from Winding Ridge Subdivision, City of City Manager: Grapevine , onto Highway 114 , Southlake. Lloyd O.Latta,Jr. City Secretary: • Sandra L.LeGrand Dear Mr. Mallary, On 'June 16,1987 , the City Council of the City of Southlake met in regular session. They considered as an agenda item, the request from Javatax for the exit of the proposed Pacific Avenue from Winding Ridge Subdivision, City of Grapevine onto Highway 114 in Southlake . After discussion, motion was made and approved to grant the request for an access in accordance with the plans and as recommended by the State Highway Department. If you have any questions , or wish to discuss this matter with me, please do not hesitate to contact me. Very truly yours , Cit of Southlake"//21.4K / andra L. LeGrand City Secretary c.c . Mayor, Johnny H. Westerholm 667 North Carroll Avenue •Southlake,Texas 76092 •(817) 481-5581 IC- I2) • COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER-DIRECTOR ROBERT H.DEDMAN,CHAIRMAN AND PUBLIC TRANSPORTATION R.E.STOTZER,JR. ROBERT C.LANIER RAY STOKER,JR. P. 0. Box 6868 Fort Worth, Texas 76115-0868 June 8, 1987 IN REPLY REFER TO Mr. Bob Mallory (220) Concept Approval General Manager 10-COR-132-87 Javatex Corporation Control 353 Section 3 5944 Luther Lane Suite 802 Dallas, Texas 75225 REFERENCE: Winding Ridge Addition . ' Proposed Street Connection (Pacific Avenue) 2000' East of FM 1709 on SH 114 (North Side) Southlake, Texas Dear Mr. Mallory: The State Department of Highways and Public Transportation agrees ( ? in concept to an exit only street connection (Pacific Avenue) to SH 114 (north side) at the referenced location. Since the street is in such close proximity to an existing crossover, the street shall be designed at an angle that would discourage U-turns at the median crossover and prohibit right turn movements for westbound traffic from SH 114. Necessary plans and permits will be required from the City of Southlake to obtain authorization to construct a street within the State right-of-way. Should you have any questions, please call Chuck Humphries at 817-292-6510, extension 226. Sincerely, Glenn E. S44(Ag- Districtistrict Maintenance Engineer /hlh Attachments cc: Mr. Bill LeGrand Director of Public Works 667 North Carroll Avenue - SnnthlAkP . Tev?c 7rno7 16 -1-3 PHONE 491-5581 t ' O1SO11[Ei la Ice 667 North Carroll Ave. LLOYD O.LATTA JR.,Mayor Southlake,Texas 76092 CHARLES CURRY,Mayor Pro Tem JOHNNY H.WESTERHOLM,Councilperson LAWRENCE MUNSIE,JR.,City Administrator DAVIS W. BRADLEY,Councilperson SANDRA L.LeGRAND,City Secretary RICK STACY,Councilperson DAVID C.McMAHAN,Councilperson April 10, 1987 Javatax Corporation 901 Coit Road, #2054 Richardson, Texas 75080 Re: Exit of .Proposed Pacific Avenue from Winding Ridge Subdivisior City of Grapevine, onto Highway 114 To Whom It May Concern: During our discussion on March 18, 1987, Mr. Bob Mallory proposed that Pacific Avenue would be extended south to intersect with Highway 114 ] and that southbound traffic on Pacific Avenue could make right turns only at Highway 114. My office and staff could support this plan as presented. If we may be of further assistance, please do not hesitate to call. Sincerely , CITY OF SOUTHLAKE William D. LeGrand Director of Public Works WDL/kg 14-111. City of Southlake,Texas MEMORANDUM February 16 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Airport Compatible Zoning Ordinance On February 8 , 1990 , the Planning and Zoning Commission, designated by the City Council as the Airport Zoning Commission, recommended approval (5-0) of the attached airport zoning regulations. (Ordinance No. 479) . This recommendation constitutes the final report to the City Council regarding these regulations. KPG /7-1 AIRPORT COMPATIBLE LAN USE � - ZONING ORDINANCE NO. 7 7 " f AN ORDINANCE REGULATING THE USE OF PROPERTY 'INITHE f 4;ICr"IITY OF THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT / BY CREATING APPROPRIATE ZONES AND ESTABLISHING THE' / I BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; PROVIDING FOR THE ADOPTION jrN OF AN AIRPORT DEVELOPMENT ZONE MAP; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF ADJUSTMENT; i PROVIDING PENALTIES FOR VIOLATIONS OF THIS ORDINANCE; ' . PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY - / CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR PUBLICATION eV IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN' . THE ' OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. This ordinance is adopted pursuant to the authority conferred by the Airport Zoning Act, Chapter 241 of the Local Government Code of the State of Texas, as amended. It is hereby found that excessive noise levels generated by Airport operations may disrupt activities and impair the welfare and unrestricted use of land and its occupants within the vicinity of the, Dallas/Fort Worth International Airport (the "Airport") ; accordingly it is declared: (1) that the Airport fulfills an essential community purpose; (2) that the encroachment of noise sensitive, vibration sensitive, or otherwise incompatible land uses will destroy or impair the utility of the Airport and the public investment therein; (3) that it is necessary in the interest of the welfare of the general public, and specifically, the citizens of the City of Southlake, that the creation or establishment of incompatible land uses be prevented; (4) that it is necessary in the interest of predictable growth and development of land in the City of Southlake, the long term integrity of Airport usage and operations, and minimizing future conflicts between use and operation of the Airport and development of land in -1- the vicinity of the Airport that the creation or establishment of incompatible land uses be prevented; (5) that the prevention of these land use conflicts should be accomplished to the extent legally possible by the exercise of police power without compensation; and (6) that to accomplish all of the objectives of the City as set forth in the above stated findings and declarations, it is necessary to define the boundaries of the Airport Overlay Zone (in which Airport compatible land use zoning regulations are applicable) to minimize, to the maximum extent possible, the future potential for public concern caused by noise from the use and operation of the Airport. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "Airport Compatible Land Use Zoning Ordinance. " SECTION 2 DEFINITIONS As used in this ordinance, unless the context otherwise requires: (1) "Administrative Official" means the person appointed by the City Manager of the City of Southlake to administer and enforce the provisions of this ordinance. (2) "Airport" means Dallas/Fort Worth International Airport. (3) "Compatible Land Use" means the use of land within the vicinity of an airport which does not endanger the health, safety or welfare of users of the land because of levels of noise or vibrations created by the operations of the airport, including the taking off and landing of aircraft. (4) "Ldn" (Yearly Day-Night Average Sound Level) means the 24 hour average sound level in decibels, for the period from midnight to midnight, obtained after the addition of ten decibels to sound levels for the periods between midnight and 7: 00 a.m. , and between 10: 00 p.m. and -2- /7--3 midnight, local time as averaged over a span of one year. A mathematical definition of Ldn can be found in F.A.A. regulation Part 150, §A150. 201. (5) "Nonconforming Use" means any pre-existing structure, object of natural growth or use of land which is inconsistent with the provisions of this ordinance or any amendment thereto. (6) "Person" means an individual, firm, partnership, corporation, company, association, joint stock association or body politic and includes a trustee, receiver, assignee, administrator, executor, guardian or other representative. (7) "Runway" means a defined area on the Airport prepared for landing and take-off of aircraft along its length; and specifically means Runway ONE THREE RIGHT/THREE ONE LEFT (13R/31L) at Dallas/Fort . Worth International Airport as it exists in its current location and configuration. SECTION 3 BOARD OF ADJUSTMENT (1) There is hereby created an Airport Zoning Board of Adjustment to have and exercise the following powers: A. To hear and decide appeals from any order, requirement, decision or determination made by the Administrative Official in the enforcement of this ordinance; B. To hear and decide special exceptions to the terms of this ordinance upon which such Board of Adjustment under this ordinance may be required to pass; and C. To hear and decide specific variances. (2) The Board of Adjustment of the City of Southlake is hereby designated to serve as the Airport Zoning Board of Adjustment (hereinafter called "Board of Adjustment") . (3) The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this ordinance. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such times as the Board of Adjustment may determine. The Chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote, indicating -3- /7- such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Board of Adjustment and shall be a public record. (4) The Board of Adjustment shall make written findings of fact and conclusions of law stating the facts upon which it relied when making its legal conclusions in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this ordinance. (5) The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Administrative Official or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in this ordinance. SECTION 4 ENFORCEMENT 4- shall be the duty of the Administrative Official of the City of Southlake to administer and enforce the regulations prescribed herein. Applications for permits shall be made to the Administrative Official upon a form published for that purpose. Applications required by this ordinance to be submitted to the Administrative Official shall be promptly considered and granted or denied. Applications for variance shall be made to the Board of Adjustment by first filing said application for variance with the Administrative Official, who shall within ten (10) days of receipt transmit said application to the Board of Adjustment for determination. SECTION 5 AIRPORT OVERLAY ZONE (1) Establishment of Zone For the purpose of regulating the development of noise sensitive land uses so as to promote compatibility between the Airport and the surrounding land uses, to protect the -4- 1/7-5 Airport from incompatible encroachment, and to promote the good health, safety and general welfare of the citizens of the City of Southlake, and property users therein, there is hereby established within the City of Southlake a compatible land usa overlay zone to be known as the Airport Overlay Zone. (2) Boundaries of the Zone The Airport Overlay Zone shall generally correspond to that area contained within the 65 and 75 Ldn noise contours plotted at the north end of Runway 13 Right - 31 Left. These noise contours are plotted in increments of ten (10) Ldn on the Airport Overlay Zone Map attached hereto as Exhibit "A" and said noise contours hereby establish the boundaries of the Airport Overlay Zone. The noise contours are based upon the noise map contained in the 1974 Final Environmental Impact Statement prepared for the Dallas/Fort Worth Regional Airport, approved in May, 1974, and are subject to change when the official noise map at the Airport is revised. (3) Permitted Uses All uses permitted by the City's Zoning Ordinance within the boundaries of the City of Southlake shall be allowed except where there is a conflict between the Airport Overlay Zone and the, existing zoning ordinance. When such a conflict exists, the Airport Overlay Zone governs. (4) Restricted Uses Regardless of the underlying zoning under the City's Zoning Ordinance, those uses listed in Table A, Incompatible Land Uses, shall be prohibited in the Airport Overlay Zone except under the Guildeines set forth in Table A. SECTION 6 NONCONFORMING USES (1) Regulations Not Retroactive The regulations prescribed by this ordinance shall not be construed to require the removal or other change or alteration of any structure not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction, alteration or use of which was begun prior to the effective date of this ordinance , and is diligently prosecuted. No new -5- construction, alteration or enlargement of any structure or use shall take place except in conformance with this ordinance. (2) Destruction of Nonconforming Use Whenever the Administrative Official determines that a nonconforming structure has been destroyed, torn down, physically deteriorated or decayed by more than fifty percent (50%) of the replacement cost, such structure or use may not be rebuilt or recommenced, except' in accordance with the regulations of this Ordinance. Notwithstanding anything contained herein to the contrary, any one or two family dwelling, or any structure or use accessory thereto, existing at the effective date of this ordinance, which is wholly or partially destroyed by fire, tornado, vt4newrowerttl or other causes, may be reconstructed provided such dwelling or accessory use is permitted by and meets the regulations contained in the applicable zoning district in the City's Comprehensive Zoning Ordinance. SECTION 7 APPEALS (1) Any person aggrieved, or any taxpayer affected, by any decision of the Administrative Official made in the administration of this ordinance, may appeal to the Board of Adjustment. (2) All appeals hereunder must be taken within a reasonable time, not to exceed sixty (60) days, as provided by the rules of the Board of Adjustment -by filing with the Administrative Official a notice of appeal specifying the ground thereof. The Administrative Official shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. (3) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrative . Official certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the opinion of the Administrative Official, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by the Board of Adjustment on notice to the Administrative Official and on due cause shown. (4) The Board of Adjustment shall fix a reasonable time for hearing appeals, having due regard for required notice to the public and parties in interest and the need for staff and Board review, and shall decide the same within a reasonable time after the hearing has been held. -6- /7- 7 (5) The Board of Adjustment, in conformity with the provisions of this ordinance, may reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as may be appropriate under the circumstances. SECTION 8 JUDICIAL REVIEW Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment may appeal to a court of competent jurisdiction, as provided by the Airport Zoning Act, Section 241.041 of the Local Government Code of the State of Texas, as amended. SECTION 9 ENFORCEMENT AND REMEDIES The City may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation , of this ordinance or of any order or ruling made in connection with its administration or enforcement, including but not limited to an action for injunctive relief as provided by the Airport Zoning Act, Section 241.044 of the Local Government Code of the State of Texas, as amended. SECTION 10 PENALTIES Each violation of this ordinance or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and, upon conviction, shall be punishable by a fine of not more than Two Thousand Dollars ($2 , 000.00) . Each day a violation continues to exist shall constitute a separate offense. -7- SECTION 11 CONFLICTING REGULATIONS Where there exists a conflict between the regulations prescribed in this ordinance and any other regulations applicable to the same area with respect to the use of land, this ordinance shall govern and prevail. SECTION 12 SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 13 SAVINGS All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any other ordinances affecting zoning, land use and height regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected -8- / 7- r by this ordinance but may be prosecuted until final disposition by the courts. SECTION 14 PUBLICATION IN PAMPHLET FORM The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 15 PUBLICATION IN OFFICIAL NEWSPAPER The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 16 EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. -9- / 7-/D PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1989. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1989. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: c:\slake\airport.ord -10- / / —// . i TABLE A INCOMPATIBLE LAND USES Yearly Day-Night Average Sound Level (Ldn) in Decibels A B Above 65-75 75 RESIDENTIAL: • Residential, other than mobile homes and transient N1 N Household units Single units - detached Single units - semidetached Single units - attached row Two units - side-by-side &://// Two units - one above the other G, Apartments - walk up r7 J ` Apartments - elevatorl Group quarters Residential hotels 0i) I , Other residential V ./ Dbile home parks N N Lransient lodgings N1 N2 PUBLIC USE: Schools, hospitals and nursing homes 30 N Educational services Hospitals, nursing homes Churches, auditoriums and concert halls 30 N Cultural activities (including churches) Auditoriums, concert halls Governmental services 2 N3 Transportation Y Y Railroad, rapid rail transit and street railway transportation Motor vehicle transportation Aircraft transportation Marine craft transportation Highway and street right-of-way . Parking Y2 Y3 A B Above 65-75 75 COMMERCIAL USE Offices, business and professional 25 N Finance, insurance and real estate services Personal services Business services Professional services Other medical facilities Miscellaneous services Wholesale and retail - building Y2 3 materials, hardware and farm equipment Wholesale trade Retail trade - building materials, hardware and farm equipment Repair services Contract construction services Retail trade - general 25 N Retail trade - general merchandise Retail trade - food Retail trade - automotive, marine craft, aircraft and accessories Retail trade - apparel and accessories Retail trade - furniture, home furnishings and equipment Retail trade - eating and drinking establishments Other retail . trade Utilities Y2 Y3 Communications 25 N -2- i 7— /3 A B Above 65-75 75 MANUFACTURING AND PRODUCTION Manufacturing, general Y2 Y3 Food and kindred products - manufacturing Textile mill products - manufacturing Apparel and other finished products made from fabrics, leather and similar materials - manufacturing Lumber and wood products (except furniture) - manufacturing Furniture and fixtures - manufacturing Paper and allied products - manufacturing Printing, publishing and allied industries Chemicals and allied products - manufacturing Petroleum refinishing and related industries Rubber and misc. plastic products - manufacturing Stone, clay and glass products - manufacturing Primary metal industries Fabricated metal products - manufacturing Miscellaneous manufacturing Photographic and optical 25 N Professional, scientific and controlling instruments, photographic and optical goods, watches and clocks - manufacturing Agriculture (except livestock) and y5 Y6 forestry Agriculture (except livestock) Agricultural related activities Forestry activities and related services.. -3- A , B Above 65-75 75 Livestock farming and breeding Y5 N Mining and fishing, resources Y Y production and extraction Fishing activities and related services Other resource production and extraction RECREATIONAL Outdoor sports arenas and spectator Y4 N sports Outdoor music shells, amphitheaters N N Nature exhibits and zoos N N Amusement parks, resorts and camps Y N Amusements Parks Public assembly Resorts and group camps Other cultural, entertainment and recreation Golf courses, riding stables and water 25 N recreation c:\slake\tablea.air -4- /7/.� KEY TO TABLE Y Yes. Land use and related structures compatible without restrictions. N No. Land use and related structures not compatible and should be restricted. NLR Noise Level Reduction (outdoor to indoor) to be achieved through incorporation of noise attenuation into the design and construction of the structure. 25 or 30 Land use and related structures generally compatible; measures to achieve NLR of 25 or 30 must be incorporated into design and construction of structure. 1 Where the community determines that residential uses should be allowed, measures to achieve outdoor to indoor NLR of at least 25 dB and 30 dB shall be incorporated into building codes and be considered in individual approvals. Normal single family construction can be expected to provide an NLR of 20 dB, thus, the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation and closed windows year round. However, the use of NLR criteria will not eliminate outdoor noise problems. 2 Measures to achieve NLR of 25 must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas, or where the normally expected noise level is low. 3 Measures to achieve NLR of 30 must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas, or where the normally expected noise level is low. 4 Land use compatible provided special sound reinforcement systems are installed. 5 Residential buildings require an NLR of 30. 6 Residential buildings not permitted. SOURCE: Adopted from Noise Control and Compatibility Planning for Airports, U.S. Department of Transportation, Federal Aviation Administration, Washington, D.C. , AC No. 150- 5020-01. Vlty UI vVYtl IIQIMO, I QAQ, MEMORANDUM February 15 , 1990 TO: HONORABLE MAYOR FICRES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Records Management Program/Ordinance No. 497 The Texas Local Government Records Act, enacted by the 71st Legislature, effective on September 1 , 1989, governs the destruction, preservation, microfilming, electronic storage . and other disposition of the records of all local governments. I have attached a "Local Government Records Act Timetable" for your information. The Act does require the governing body to fulfill certain requirements. The Local Records Division of the Texas State Library is preparing guidelines and policy models that local governments may use in meeting these and other requirements and is ready to assist local records managers in fulfilling their obligations under the new Act. After you have reviewed the attached ordinance, if you have any questions, I will be glad to try and answer them for you. SLL/sl } Ii - i in LOCAL GOVERNMENT RECORDS ACT TIMETABLE June 1, 1990 - Deadline for designation of a records management officer (RMO) by each local government. Elected county officers are automatically designated RMOs under the Act. June 1, .1990 - Deadline for conforming ongoing microfilming projects with standards and procedures of the Texas State Library and Archives Commission. These standards will be adopted by the commission on or before April 1, 1990. New programs began after the adoption of standards must conform to the standards from the start. January 1, 1991 - Deadline for adopting written records management plan. Copy to be filed with the director and librarian. January 2, 1995 - Deadline for filing records control schedules for the records of your office. ORDINANCE NO. 497 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF A RECORDS MANAGEMENT PROGRAM FOR THE CITY;. PROVIDING FOR PURPOSE OF RECORDS MANAGEMENT PROGRAM; AUTHORIZING THE CITY SECRETARY TO ESTABLISH AND ADMINISTER THE RECORDS MANAGE- MENT PROGRAM; PROVIDING RECORDS MANAGEMENT DUTIES FOR THE CITY SECRETARY, CITY COUNCIL, AND CUSTODIANS OF RECORDS; PROVIDING OWNER- SHIP OF MUNICIPAL RECORDS, AND THE RESPONSI- BILITIES OF OFFICERS AND EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR THE DESTRUCTION, OR OTHER DISPOSITION OF ORIGINAL MUNICIPAL PUBLIC RECORDS AND ALL OTHER MUNICIPAL RECORDS; PRO- VIDING A PENALTY CLAUSE; PROVIDING REPEALING AND SEVERABILITY CLAUSES; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, State Law through the Texas Local Government Records Act, enacted by the State Legislature in 1989 under the title H.B. 1285 , as amended from time to time, hereafter referred to as the "Act" , provides that each governing body in local government shall designate a Records Management Officer on or before June 1 , 1990; and, WHEREAS, the Act requires the governing body of each local government to adopt an ordinance, order or plan as appropriate, establishing a Records Management Program on or before January 1 , 1991; and, WHEREAS, the City of Southlake in conformity with said Act desires to establish, promote and support an active and continuing program for the efficient and economical management of all City of Southlake records and cause policies and procedures to be developed for the administration of the program under the direction of the Records Management Officer; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That the governing body of the City of Southlake, Texas, does hereby establish and adopt a management program for the orderly and efficient retention, retrieval and destruction of the records of the City of Southlake, Texas, as follows: Ordinance No. 479, Creating Records Management page 2 Section 1 . Definitions: Local Government Record. Any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the State, created or received by local City government officers or any' of its officers or employees pursuant to the law, including an ordinance, or in the transaction of public business are hereby declared to be records of the City of Southlake, and shall be created, maintained, and disposed of in accordance with the provisions of this Ordinance and the provisions of the, Act. The term does not include: A. Extra identical copies of documents created only for convenience of reference or research by officers or employees of the City of Southlake; B. Notes , journals, diaries, and similar documents created by an officer or employee of Southlake for the employee' s personal convenience; C. Blank forms; D. Stocks of publications; E. Library and museum materials acquired solely for the purposes of reference or display; or F. Copies of documents in any media furnished to members of the public to which they are entitled under Article 6252-17a, Vernon' s Texas Civil Statutes or other State Law. Commission The appointed or elected public officer who by the State Constitution, State Law, ordinance, or administrative policy is in charge of an office that creates or receives local' government records. For the purpose of this Ordinance, a custodian is a Department Head, under the administration of the City Manager or the City Council, who is responsible for all records in his/her department. Director and Librarian The executive and administrative officer of the Texas State Library and Archives Commission. Essential Record Any local government record necessary to the resumption or continuation of government operations in an emergency or disaster, to the re-creation of the legal and financial status of the ,City, or to the protection and fulfillment of obligations to the people of the State. Ordinance No. 497 , Creating Records Management page 3 Governing Body The City Council of the City of Southlake. Office Any office, department, division, program, commission, bureau, board, committee, or similar entity of the City of Southlake. Permanent Record A record of permanent value. Any local government record for which the retention period on a records retention schedule issued by the Commission is given as permanent. Record A record of the City of Southlake. Records Control Schedule A document prepared by or under the authority of a Records Management Officer listing the records maintained by the City of Southlake, their retention periods, and other records disposition information that the records management program in Southlake or State Law may require. Records Management The application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space-effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems. Records Retention Schedule A document issued by the Commission establishing mandatory retention periods for local government records . Retention Period The minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction. Section 2 . Establishment and Administration of Southlake Records Management Program That the Office of City Secretary is authorized to establish and administrater the Records Management Program for the City of Southlake, Texas, pursuant to legal, fiscal, administrative, and archival requirements and the City Secretary or his/her designee is hereby named Records Management Officer. that to this end, the City Secretary will implement, but not be limited to, a program to encompass such areas of records management as are required to / d '�3 Ordinance No. 479 , Creating Records Management page 4 preserve and keep in order all books, papers, documents, records and files of the City Council and of the executive departments to achieve the following goals: A. Release space and reduce the need for storage and filing equipment. B. Establish an efficient retrieval operation for both active and inactive municipal records; C. Provide for routine disposition of paperwork; D. Maintain total security over municipal records; E. Communicate the need of an effective Records Management Program; and, F. Secure a central records storage facility which can be operated and maintained by records management staff. Section 3 . Purpose of Records Management Program That this Ordinance shall be known and may be cited as the "Records Management Program of the City of Southlake, Texas" , providing for the proper and efficient management of the municipal records of the City of Southlake, Texas. Since the citizens of Southlake have a right to expect efficient and cost-effective government and recognizing the importance of local government management of City records is necessary to the effective and economic operation of the City, the preservation of records of permanent value is necessary to provide the people of the State with resources concerning their history and to document their rights of citizenship and property, and the establishment of uniform standards and procedures for the maintenance, preservation, microfilming, or other disposition of City records is necessary to fulfill the higher public purpose. Section 4 . City Records Declared Public Property All City records as defined in Section 1 , herein are hereby declared to be property of the City of Southlake, Texas. No City Official or employee has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. Ordinance No. 479, Creating Records Management page 5 Section 5. Policy It is hereby declared to be the policy of the City of Southlake to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all City records through a comprehensive system of integrated procedures for the management of records 'from their creation to their ultimate disposition. Section 6 . Duties of Records Managment Officer, The Records .Management Officer shall have the following duties, and others as assigned by the City Council and as provided by. State Law: A. Assist in establishing and developing policies and procedures for a Records Management Program for the City, which program shall include basic files management and records disposition policies, systems, standards, and, procedures; B. Administer the Records Management Program and provide assistance to custodians for the purposes of reducing the costs and improving the efficiency of recordkeeping; C. In cooperation with the custodians of the records: a. Prepare and file with the director and librarian before January 2 , 1995 , the records control schedules and the list of obsolete records, required by the Act; b. Prepare and file with the director and librarian amended schedules as needed to reflect new records created or received by the City. c. Prepare or direct the preparation of requests for authorization to destroy records not on an approved control schedule as provided by the Act, &f requests to destroy the originals of permanent records that have been microfilmed, and of electronic storage authorization requests;; D. In cooperation with custodians, identify and take adequate steps to preserve City records that are of permanent value; E. In cooperation with custodians, identify and take adequate steps to protect essential City records; Ordinance No. 479 , Creating Records Management page 6 F. In cooperation with custodians, ensure the maintenance, preservation, microfilming, destruction of records is carried out in accordance with the policies and procedures of the City' s Records Management Program and requirements of State Law; G. Report annually to the City Council on program effectiveness; H. Provide records management advice and assistance to all City offices and departments , by preparation of manuals of procedure and policies and by on-site consultation; I . Carry out destruction and transfers that are required by records schedules, and carry out microphotography tasks when staff and central facility becomes available; J. Design and manage the operations of a Records Center for the low cost storage of inactive records and as a future site for a centralized micrographics program; K. Develop a Citywide forms design and control system; L. Establish in cooperation with other responsible town officials a disaster plan for each City office and department to insure maximum availability of records for re-establishing operations quickly and with minimum disruption and expense; M. Bring to the attention of the City Manager any office not in compliance with laws or ordinances regarding public access to information or . protection of privacy; N. Disseminate to the City Council and custodians information concerning State Laws, administrative rules , and the policies of the City relating to local government records through a records manual which may be amended from time to time and other means of communication; and, 0. In cooperation with custodians, establish procedures to ensure that the handling of records in any context of the Records Management Program by the Ordinance No. 479, Creating Records Management page 7 Records management Officer or those under the Officer' s authority is carried out with due regard for the duties and responsibilities of custodians that may be imposed by law and the confidentiality of information in records to which access is restricted by law. Section 7. Duties and Responsibilities of City Council The City Council shall: A. Establish, promote, and support an active and continuing program for the efficient and economical management o.f all City of Southlake records; B. Cause policies and procedures to be developed for the administration of the program under the direction of the Records Management Officer; C. Facilitate the creation and maintenance of City records containing adequate and proper documentation of the organization, functions, policies, decisions , procedures, and essential transactions of the City and designed to furnish the information necessary to protect the legal and financial rights of the City, the State, and affected by the activities of the City government; D. Facilitate the identification and preservation of City Records that are of permanent value; E. Facilitate the identification and protection of essential City records; F. Cooperate with the Commission in its conduct of Statewide records management surveys; and, G. Review of a records control schedule or amended schedule by the officers of the City as it considers necessary. Section 8 . Duties and Responsibilities of Custodians Custodians of Records in the City shall: A. Cooperate with the Records Management Officer in carrying out the policies and procedures established Ordinance No. 479, Creating Records Management page 8 by the local government for the efficient and economical management of records and in carrying out requirements under the Act; B. Adequately document the transaction of City business and the services, programs, and duties for which the custodian and the custodian' s staff are responsible; C. Maintain the records in the custodian' s care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the City' s Records Management program and the .. requirements of the Act and rules adopted thereunder; and D. Designate records officers within their offices and provide the Records Management Officer the names of the designees and all persons working under their supervision, such records officers to report directly to the custodian in their department on matters relating to the Records Management Program and have full access to all files in their respective departments. State law relating to the duties, other responsibilities, or reordering requirements of a custodian of local government records does not exempt the custodian or the records in the custodian' s care from the application of this Ordinance and rules adopted by the State under the Local Government Records Act of 1989 and may not be used by the custodian as a basis for refusal to participate in the City of Southlake Records Management Program, the establishment of which is required by State Law. Section 9 . Microfilming of Records For the benefit of this section, "Microfilm" means roll microfilm, microfiche, and all other formats produced by any method of microphotography or other means of miniaturization on film. For the benefit of this section, "Microfilming" means the methods, procedures, and processes used to produce roll , microfilm, microfiche, or there microphotographic formats. All microfilming activities by custodians must be carried out on or after April 1 , 1990 , under rules established by the' Commission which rules will establish standards and procedures for the microfilming of City records under Chapter 204 , of the Act. All / '-/z Ordinance No. 479, Creating Records Management page 9 microfilm produced before June 1 , 1990 , under law prior: to the Act is validated to the extent the microfilm was produced in the manner and according to the standards prescribed by prior law. All City of Southlake procedures and materials used for microfilm and microfilming City records shall be done and acquired under the aegis of State Law, and the City will be subject to all the law, rules, standards and procedures as outlined in the Act. Section 10. Electronic Storage of Records For the purpose of this section "electronic storage" means the maintenance of local government record data in the form of digital electronic signals on a computer hard disk, magnetic tape, optical disk, or similar machine-readable medium. For the purpose of this section, "source document" meant the local government record from which local government record data is obtained for electronic storage. The term does not include backup copies of the data in any media generated from electronic storage. Any City record data may be stored electronically in addition to or instead of source documents in paper or other media, subject to the requirements of the Act and rules adopted under it. The City will be subject to rules established by the Commission for standards and procedures for electronic storage and will be subject to the provisions of Chapter 205 of the Act. Section 2. Upon the adoption of this Ordinance, the City Secretary is directed to file with the director and librarian within thirty (30) days the name and office of the Records Management Officer of the City and a copy of this Ordinance which establishes the Records Management Program of the City of Southlake, Texas. Section 3 . Any individual, association or corporation violating any portion or provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction therefore, shall be punished by the assessment of a fine not exceeding $500. 00 , and a separate offense shall be deemed committed upon each day during on or which a violation occurs or continues. Section 4 . All ordinances or parts of ordinances in direct conflict herewith are repealed to the extent of conflict only. Section 5. Should any section, subsection, sentence, provision, clause or phrase hereof be held to be invalid, void or unconstitutional, for any reason, such holding shall not render invalid, void, or unconstitutional any other sections, subsection, sentence, provision, clause or phrase of this ordinance, and the same are deemed severable for this purpose. Ordinance No. 479, Creating Records Management page 10 Section 6. This Ordinance shall take effect and be in full force on and after approval by the City Council, and upon publication. PASSED AND APPROVED, this the day of 1990. CITY OF SOUTHLAKE, TEXAS Gary Fickes Mayor of Southlake ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake,Texas MEMORANDUM/Iry • Iff- '0 ` February 16 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Proposed Signalization at the Intersection of SH 114 with Wall St. and Park Blvd. Attached is a letter from the State Department of Highways and Public Transportation proposing signalization at the intersection of State Highway 114 (Frontage Roads) with Wall Street and Park Blvd. in the cities of Southlake and Grapevine. The total cost of the signalization will be the responsibility of the SDHPT. Since this portion of the frontage road is in the City of Southlake, the SDHPT is requesting that the City pass an Ordinance converting the east frontage road of SH 114 from the existing two-way traffic to the proposed one-way (northbound) traffic, betweem Wall Street and Loop 382 (Northwest Highway) . The passage of this Ordinance will greatly improve the traffic congestion and reduce the traffic accidents at the intersection of Loop 382 and the frontage road. Therefore, it is recommended that the above Ordinance be considered for approval at the February 20 , 1990 City Council meeting. If there are any questions, please contact me. MHB/ew Attachment- Letter from SDHPT City of Southlake,Texas ORDINANCE NO.NO. 500 AN ORDINANCE APPROVING THE SIGNAL PLANS FOR A TRAFFIC SIGNAL AT THE INTERSECTION 'OF STATE HIGHWAY 114 (FRONTAGE ROAD) WITH WALL STREET AND PARK STREET, LOCATED IN THE CITY OF SOUTHLAKE, AND, CITY OF GRAPEVINE; CONVERT- ING THE EAST FRONTAGE ROAD OF STATE HIGHWAY 114 FROM THE EXISTING TWO-WAY TRAFFIC TO THE PROPOSED . ONE-WAY (NORTHBOUND) TRAFFIC. PROVIDING AN EFFECTIVE DATE. WHEREAS, the State Department of Highways and Public Transportation agree to let a contract to install a Traffic Signal at the intersection of State Highway 114 (frontage road) with Wall Street and Park Street, in the Cities of Southlake, and Grapevine; and, WHEREAS, the installation of the traffic signal is contingent upon the approval of the Cities of Southlake and Grapevine; and, WHEREAS, the installation of the traffic signal is contingent upon the City of Southlake converting the east frontage road of State Highway 114 from the existing two-way traffic to the proposed one-way (northbound) traffic, between Wall Street and Loop 382 (Northwest Highway) ; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1 . All of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2 . This ordinance shall become effective from and after its passage and publication. PASSED AND APPROVED THIS THE DAY OF 199'0. CITY OF SOUTHLAKE, TEXAS Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary err ° - 441% /kAtIT COMMISSION STATE DEPARTMENT OF HIGHWAY ' ENGINEER-DIRECTOR }-- J ' ROBERT H.DEDMAN.CHAIRMAN AND PUBLIC TRANSPORTATION R.E.STQTZER,JR..P.E. RAY STOKER.,lR. Post Office Box 6868 WAYNE B.DUDDLESTEN Fort Worth, Texas 76115 - - (817) -292-6510, Ext:-- 319 - October 6, ' 1989 IN REPLY REFER TO: Subject : Proposed Signalization at the Intersection of - SH 114 (Frontage Roads) with Wall Street and Park Street in the Cities of Southlake and • Grapevine. Mr . Michael Bailey Cencor Realties Services 106 West 5th Street Suite 1101 Fort Worth, Texas 76102 Gentlemen : -' The State Department of Highways and Public Transportation agrees to let a contract to install a traffic signal at the above mentioned location} in the near future, provided the following criteria is met : , 1 . The developer shall prepare the signal plans and those plans are completed and submitted to this office in an approved manner by October 24, 1989 . 2 . The Cities of Southlake and Grapevine approves the proposed signal plans . 3 . The City of Southlake passes an Ordinance converting the east frontage road of SH 114 from the existing two-way traffic to the proposed one-way (northbound) traffic, between Wall Street and Loop 382 (Northwest Highway) .. If the above conditions are met, the estimated time to complete the signal installation is as follows : • 1 . The letting date will be scheduled for February 7, 1990 . 2 . The contract should be completed and finalized by March 15, 1990 .. 3 . A work order should be issued to the contractor to begin construction by April 1.5, 1990 . 4 . Thirty ( 30) working days (approximately two ( 2) calendar months -will be allowed to complete the signal. construction . • /7- -$ 1!!117/4 Mr . Michael Bailey Page 2 October 6 , 1989 5. Signals should be placed in operation sometime in June, 1990. Access to SH 114 (East Frontage Road) from the proposed Park Street extension will not be allowed until the proposed signal is placed in operation. If you have any questions, please let us know. Sincerely, ;17.9=771/4 .-2 Homey Scarbe y' Traffic Engineering Specialist JMG/sme cc: Mr . Michael Sterek (DeShazo, Sterek & Tang) Mr . Hulen Humphries (SDH&PT) Mr . Curtis Hawk (Southlake City Manager ) • Mr . Mark S . Watson (Grapevine City Manager ) , City of Southlake,Texas CITY SOLID WASTE COLLECTION SURVEY CITY COST/MO. /RESIDENTIAL COLLECTION CO. Grapevine $5. 08 + tax Laidlaw Colleyville $5 . 08 + tax City Garbage N.Richland Hills $5. 28 + tax Laidlaw Hurst $4.69 + tax Laidlaw Keller $6 . 20 + tax City Garage Ft. Worth $6.20 + tax Waste Management, Ft. Worth, BFI Southlake $6. 25 + tax City Garbage February 16, 1990 Mike Barnes Public Work Director City of South lake,Texas MEMORANDUM • _5rFt_ February 16 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Revised Chapel Downs Developers Agreement Attached is the revised Chapel Downs Developers Agreement to be placed on the agenda for the February 20, 1990 City Council meeting. If there are any questions, please contact me. 'hie MHB/ew t_. City of Southlake,Texas CHAPEL DOWNS SUBDIVISION DEVELOPERS AGREEMENT An agreement between the City of Southlake, Texas , hereinafter referred to as the City, and the undersigned Developer, hereinafter referred to as the Developer, of the Chapel Downs Subdivision to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 106 lots contained within the Chapel Downs Subdivision and to the offsite improvements necessary to support the subdivision. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. Since the Developer is prepared to develop the Chapel Downs Subdivision as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10a of the lots for residential permits after the underground utilities are installed and before paving of the subdivision is started. This will permit builders to start construction and be ready with model homes for the 1990 spring market. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the subdivision has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. C. The Developer will present to the City a performance bond and payment bond meeting the requirements of Article 5160 , Tex.Rev.Civ.Stat.Ann. guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction costs of all of the facilities to be constructed by the Developer. The performance bond shall provide for payment to the City of such amounts up to the total remaining amounts required for the completion of the subdivision if the -1- City of Southlake,Texas Developer fails to complete the work as required -,\ hereunder. The value/amount of the performance bond will reduce at a rate consistent with the amount of work that has been completed by the Developer and formally accepted by the City. The payment bond shall be furnished solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for by this agreement. A performance and payment bond from the prime contractor will be acceptable in lieu of the Developer' s obligations specified herein. D. The Developer agrees to furnish to the City a maintenance bond amounting to 20% of the cost of water, sewer and drainage and a 50o maintenance bond for street 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. E. Until the performance and payment bonds required in Paragraph C have 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 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 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: -2- City of Southlake,Texas 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 with the exception that no more than twenty (20) homes will be allowed to connect to the Summerplace WWTP prior to the completion of the proposed S-6 Interceptor Sewer line. H. The Developer and Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintain the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice should the Developer fail in this responsibility, the City may contract for this service and bill the -3- City of Southlake,Texas Developer or Builder for the reasonable costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to third parties, 120 days after Developer has notice of costs. I. Any guarantee of payment instrument (performance bond, letter of credit, certificates of deposit and/or cash deposits) submitted by the Developer on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. Developer shall keep said performance and payment bonds , letters of credit, certificates of deposit and/or cash deposits if full force and effect until such time as developer has fully complied with the terms and conditions of this agreement, and failure to keep same in force and effect shall constitute a breach of this agreement. In this connection, all letters of credit furnished hereunder which expire prior to completion of construction shall be renewed in amounts designated by the City and shall be delivered to the City on or before the tenth (10th) day before the date of expiration of the then existing letter of credit. If the Developer fails to deliver the renewed letter of credit to the City within the time prescribed herein, such failure shall constitute a breach of this agreement and shall be a basis for the City to draw on all or any portion of the letter of credit. 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. -4- City of Southlake,Texas II. FACILITIES: ( A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of Chapel Downs to the City of Southlake. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer' s engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost. Additionally, the City agrees to provide temporary water service, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer' s engineers , approved by the City Engineer of the City, and made part of the final plat as approved by the City Council. The drainage facilities shall be in conformance to the City' s Drainage Ordinance No. 482. C. STREETS: 1 . The street construction in the Chapel Downs residential development of the City of Southlake shall conform to the requirements in Ordinance No. 483 . 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 all 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 -5- City of Southlake,Texas City in accordance with City ordinances; c) Installation of all regulatory signs 1 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 f~` Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of Chapel Downs to the City of Southlake. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer' s engineer and approved by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs , materials and engineering. -6- City of Southlake,Texas III. OTHER ISSUES: A. AVAILABILITY OF SANITARY SEWER SERVICES: The City and the Developer have discussed at length two alternatives for providing sanitary sewer services to Chapel Downs Subdivision. The first alternative appears to be the optimum approach which would be to provide a package treatment plant of adequate capacity to service both the Chapel Downs subdivision as well as the adjacent Summerplace subdivision. It is understood the Developer will be responsible for all phases of the administrative process for requesting a revised discharge permit to the Texas Water Commission. The developer will submit the application to the Texas Water Commission through the City of Southlake and all fees associated or required by the Texas Water Commission will be the responsibility of the developer. The Developer agrees to remove and dispose of the existing wastewater treatment plant and pay all costs resulting in the removal and disposal of the plant. The Developer agrees to purchase, install, and put 1 in service a new package treatment plant with sufficient capacity to serve all lots in the Summerplace and Chapel Downs Subdivisions. The City of Southlake will have the right to disapprove any wastewater treatment plant that will not efficiently produce the required effluent standards set forth by the Texas Water Commission. In the event that the Developer installs a treatment plant that provides for excess capacity over that required for the Summerplace and Chapel Downs Subdivisions , the Developer will have the first right of refusal for that excess capacity. If a Development has need for the excess sewer capacity, the City of Southlake will inform the Developer of Chapel Downs who will then have sixty (60) days to come to an agreement with the City of Southlake for the excess sewer capacity. If the developer of Chapel Downs has not reached an agreement with the City of Southlake within 60 days after notification, it will be the right of the City of Southlake to contract with other developments for the excess sewer capacity. -7- City of Southlake,Texas The City agrees to waive all sewer impact, prorata, or tap fees associated with connecting Chapel Downs to permanent sanitary sewer facilities if Chapel Downs installs the package wastewater treatment plant. The second alternative would be to gravity flow from Chapel Downs to a lift station and lift the sewage to a gravity line that will flow into an existing sewer line in the Big Bear Creek Drainage Basin. It is agreed between the City of Southlake and Chapel Downs Developers that should this alternative become feasible within the next six (6) months, and if the City of Southlake determines that Chapel Downs and Summerplace Subdivisions would best be served by gravity sewer, the City would install the necessary facilities to serve Chapel Downs Subdivision with gravity sewer and pay for all costs associated with the lift station and gravity sewer lines. The developers would be responsible to bring gravity sewer from Chapel Downs Subdivision to the site of the existing Summerplace wastewater treatment plant. It is also understood that should this alternative be chosen, a connection fee will be charged to the Chapel Downs Subdivision at a cost of $1500 per lot. This fee will be due and payable according to the following schedule: 1) The developer agrees to pay for the r I first twenty (20) homes ($30 ,000) prior to the final approval and acceptance of the Chapel Downs Subdivision. 2) The fee for the remaining number of lots (106 lots - 20 lots = 86 lots x $1 ,500/lot = $129 ,000) will be escrowed, prior to the acceptance and approval of the subdivision by the City of Southlake. The funds will . be escrowed in the Texas National Bank of Southlake and payable to the City of Southlake upon the wastewater flow from the Summerplace WWTP being diverted to the proposed S-6 Interceptor line or the completion of the S-6 Interceptor line whichever comes first. This fee is not to be considered as an Impact Fee but a fee in lieu of replacing and installing the Summerplace wastewater treatment plant. However, if a purchase contract for the new package wastewater treatment plant has been signed prior to the decision to install the gravity sewer system but after January 1 , 1990 , the Developers would be required to install the new package wastewater treatment plant. -8- City of Southlake,Texas If the second alternative is selected by the City to serve Chapel Downs Subdivision, there will be a maximum of 20 new homes that will be allowed to connect to the existing sewer collection system of the Summerplace Subdivision. The number of connections will stay in force until the lift station and gravity lines are completed, accepted, and connected to either the Big Bear Interceptor or the Colleyville Sewer Main. It is also agreed between the City of Southlake and the Developers that whichever alternative is chosen, the City would not impede the permitting or development process of Chapel Downs Subdivision. B. STORM DRAINAGE SYSTEM: Chapel Downs and other subdivisions to the south currently drain into a natural drainage channel that traverses Chapel Downs. In order to not raise flood levels above those which presently exist, the Developer will straighten the drainage channel and construct a detention basin within Chapel Downs. Both the drainage channel and the detention basin will be platted as portions of residential lots. Restrictive covenants for the subdivision will require homeowners on those lots containing the drainage channel and detention basin to landscape and maintain these areas as a part of their yards, and will restrict any structures that would impede the flow of floodwaters . The City agrees to not issue permits for any structures to be constructed or placed within these designated areas . C. PERIMETER STREET ORDINANCE: Since the Chapel Downs subdivision is adjacent to the Summerplace Subdivision, and since two of the streets within the Chapel Downs subdivision are extensions of Dove Creek Trail, an existing street within Summerplace, and since Dove Creek Trail is in need of extensive repairs , the Developer will reconstruct Dove Creek Trail by pulverizing and stabilizing the existing street with lime or cement stabilization six (6) inches in depth, compact to 95% standard density and overlay with 2 inches of HMAC. The City will pay for all testing required, within the Summerplace Subdivision, to determine the percent of stabilization. Additionally, the developer will reconstruct Summerplace Avenue in like manner as Dove Creek Trail with the funds remaining from what the Perimeter Street Ordinance I, -9- City of Southlake,Texas requires minus the construction cost of Dove Creek Trail or place those funds in a City of Southlake escrow account for the reconstruction of Summerplace Avenue. Such construction shall be completed within six (6) months of the execution of this agreement and all costs for same shall be reasonable. The reconstruction of Dove Creek Trail and Summerplace Avenue described above is intended to satisfy the Perimeter Street Ordinance requirements and therefore the upgrading of N. Whites Chapel will not be required. D. CONSTRUCTION TRAFFIC: All construction traffic associated with the development of Chapel Downs Subdivision will not use Summerplace Avenue as either an exit or entrance way to the subdivision. E. The Developer and City have agreed that under Section III-A, Alternative Two has been selected as the method to sewer this project and all requirements described in that alternative will be the Developer' s responsibility. IV. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers , agents , servants and employees, from all claims , suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers , agents , servants and employees , from and against any and all claims , suits or causes of action of any nature whatsoever, brought for or on account of any injuries or damages to persons or property, including death, resulting from any failure to peoperly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors , subcontractors , agents , servants or employees. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas . -10- City of Southlake,Texas C. Approval by the City Engineer of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City engineer signifies the City' s approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of five (5) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers , agents, servants and employees, from any loss , damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer' s designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees,_ or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This contract or any part hereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. In addition, the payment, performance and maintenance bonds in the name of the City prior to the commencement of any work hereunder and shall furnish a policy of public liability insurance. -11- City of Southlake,Texas F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed \_ ,I within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer' s expense; provided, however, that if the construction under this agreement shall have started within the two (2) ' year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: CHAPEL DOWNS JOINT VENTURE By: Title: Date: CITY OF SOUTHLAKE, TEXAS - By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: -12- C ty of soutniaKe, texas • MEMORANDUM February 15 , 1990 TO: Curtis E. Hawk, City Manager FROM: Mike Barnes, Public Works Director SUBJECT: Robert Rankin' s request to build in a drainage easement at 1203 Scenic Dr. Mr. Robert Rankin has requested that the City Council grant him permission to build a storage shed on his lot in an existing drainage easement. The events that led to this request are as follows: In November 1989, Mr. Rankin applied for a building permit to build a storage shed on his lot. In the process of issuing a building permit for the shed, it was found that Mr. Rankin' s desired location for the shed violated the city' s building set-back lines and the city' s definition of a drainage easement that prohibits construction of permanent structures, fences , or other obstacles hindering the safe transfer of water to be built within the easement. Mr. Rankin has appeared before the Zoning Board of } Adjustments and was granted a variance to the building set back requirements. He was then told that he would have to appear before the Council to obtain approval to build in the drainage easement. Mr. Rankin lives at 1203 Scenic Drive which is located next to a private pond. Attached is a map defining Mr. Rankin' s property and the location of the proposed storage shed. Sometime in the past, a retaining wall was built in the drainage easement, without the city' s authorization, that will allow the proposed storage shed to be built. Mr. Rankin has stated that the proposed location is the only available site on his property that is economically feasible to build a shed and not disturb existing trees or septic tank facilities. After studying the situation, the staff would recommend that. Mr. Rankin be allowed to build his storage shed at the proposed location based on the following requirements: 1 . The top elevation of the shed' s foundation will be a minimum of one foot above the maximum dam elevation. 2 . Mr. Rankin would indemnify the city from any damages to the shed or his property should the wall fail for any reason. Curtis E. Hawk - February 15 , 1990 Page 2 3. If in the future the city requires the shed to be removed for drainage or other safety reasons, Mr. Rankin would remove the shed within 45 days. It is the staff' s position that this is a unique situation and is not setting a precedent for allowing property owners, to build in an easement. The granting of the request is not violating the definition of a drainage easement as defined in the Subdivision Ordinance #483, because the building of the shed will not impede or hinder the safe transfer of water through the easement. Please place this on the next Council' s agenda for consideration. 4/ MHB/kb i • - 1LU+ Scenic i'riv'. SOUTHWEST CORNER OF SUBJECT PROPERTY IS WITHIN THE LIMITS OF A SPECIAL ?LnOT` HA?AP.D AREA ACCORDING TO H.U.D./F.I.A. COMMUNITYI MAPS (IDE?.TIFICATION DATE 7/5/P2 ) . 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