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1990-03-06 CC Packet City of Southlake,Texas
`fi CITY OF SOUTHLAKE, TEXAS
0 REGULAR CITY COUNCIL MEETING MARCH 6 , 1990
LOCATION: 667 North Carroll Avenue, Southlake, Texas
City Council Chambers of City Hall
WORK SESSION: 6: 30 P.M.
1 . Discussion of all items on tonight' s meeting.
REGULAR SESSION: 7: 30 p.m.
1. Call to order. Invocation.
2 . Approval of the Minutes of the February 20 , 1990 , City Council 41;
Meeting.
3 . Mayor' s Report. �l a 5c)2- C- 6 * , ` �,,2EC"-2I?
4. City Manager' s Report. 4J-
CONSENT AGENDA „ I
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
f request, in which event the item will be removed from the general
order of business and considered in its normal sequence.
5. Consider: Resolution 90-18 , Authorizing the Mayor to enter
into an agreement with the American Red Cross for
emergency activities.
REGULAR AGENDA
6 . Public Forum.
7 . Consider: 2nd public hearing in regards to annexation of
certain tracts of land into the City of Southlake.
8 . Consider: Resolution 90-17 , authorizing the City Attorney to
draft the appropriate ordinances in regards to
annexation of certain tracts of land into the City
of Southlake.
9. Consider: Ordinance No. 479 , 2nd reading. Airport Compatible
Zoning Ordinance.
Public Hearing.
City of South lake,Texas
City Council Agenda
March 6 , 1990
1 page two
10 . Consider: Ordinance No. 497 , 2nd reading. Establishment of
a Records Management Program.
Public Hearing.
11 . Consider: Ordinance No. 500 , 2nd reading. Signalization at
the intersection of SH114 with Wall Street and Park
Blvd.
Public Hearing.
12. 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.
Owner: Javatex, Inc.
13. Consider: Ordinance No. 480-14 , 1st reading. (ZA 90-03) .
Zoning request for a 2. 07 acre tract of land out of
the John A. Freeman, Survey Abstract No. 529 , being
legally described as the northern portion of Block
1 , Lot 25 , Woodland Heights Addition.
Current zoning is Office-1 , request is for
411 Commercial-2 Zoning District.
Location: South side of East Southlake Blvd. , East
of Woodland Drive.
Owner: Burger and Eakins Custom Builders, Inc.
Public Hearing.
14 . Consider: Ordinance No. 480-15 , 1st reading. (ZA 90-04)
Request for a Specific Use Permit for the sale of
"Beer-by-the-glass" in conjunction with a dine-in
restaurant to be known as Pizza Parlor.
The property is Zoned Commercial-2 . The sale of
alcoholic beverages is permitted in this district
per Ordinance No. 480 , Section 45 . 1 (a) by Specific
Use Permit.
Owners: John David and Ken Golba d/b/a/ Pizza
Parlor.
Public Hearing.
15. Consider: Ordinance No. 501 , 1st reading. Freeport Exemption.
16 . Consider: Ordinance No. 502 , 1st reading, authorizing the
issuance of "City of Southlake, Texas , General
Obligation Refunding Bonds , Series 1990" .
f
City of South lake,Texas
City Council Agenda
March 6 , 1990
page three
17 . Consider: Resolution 90-19 , providing for the redemption of
certain outstanding obligations of the City; and
resolving other matters incident and related to the
redemption of such obligations.
18 . Consider: Resolution 90-20 , approving and authorizing the
execution of a "Paying Agent/Registrar Agreement"
in relation to the City of Southlake, Texas,
General Obligation Refunding Bonds, Series , 1990 .
19 . Consider: Conditional sign permit for SouthRidge Lakes.
20 . Consider: Bid for ballfield lighting fixtures.
21 . Discussion: Report on Water and Wastewater Rate Study
as the result of the proposals received.
22 . Discussion: Report on City Hall Space Utilization Study
as the result of the proposals received.
23. Consider: Street Priority List for Tarrant County.
24 . Consider: Authorizing the City Manager to employ additional
inspection personnel.
25 . Consider: Ordinance No. 503 , 1st reading. Street Lighting.
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.
City of Southlake,Texas
City Council Agenda
March 6 , 1990
page four
27 . Consider: Action necessary in regards to pending or
contemplated litigations (Refer to posted list)
28 . Consider: Resolution 90-21 , authorizing condemnation
proceedings .
29. COnsider: Action necessary in regards to Personnel matters,
including Boards and Commissions. (Refer to
posted list)
30 . 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, March 2 , 1990 , at 4 : 00 p.m. pursuant to the Open
Meetings law, Article 6252-17 V.T.A.S.
kaesid...hce .....
andra L. LeGrand . i
City Secretary = •
y . '`=
v=r.
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..
City of Southlake,Texas
MEMORANDUM
S March 2 , 1990
TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Resolution 90-18 , Red Cross of Tarrant County
Resolution 90-18 is being presented to you for your
consideration. Attached is a copy of the previous agreement
we had with the Red Cross for your review.
If you have any questions, I will attempt to get an answer
for you.
/61
SLL/sl
•
•
F83 2 8 t990 Ilil
OFFICE OF r li
American Red Cross Tarran . O r « apter
1515 South Sylvania Avenue
Fort Worth, Texas 76111
(817) 335-9137
During a disaster the Tarrant County Chapter will provide
emergency activities including shelters , food, nursing,
and individual family assistance. Through congressional
law the Red Cross is mandated to provide these services.
In order to fulfill our mission we work closely with local
and state governments, as well as private churches and
agencies to use their facilities for shelters or service .
centers . _
Enclosed you will find the previous agreement we have had
with your organization and a blank new one for 1990. Please
have the appropriate individual sign and return for our
records . You will be contacted so that we may send our
Mass Care officer to the various sites and complete a
facility survey.
We appreciate your past cooperation and look forward to
working with you in the future.
Sincerely,
ika.x.tratz:42 ( .5a....#4....4.2-A-11
Maryalice Lanier, Director
Emergency Services
ML: reb
0United Way Helps Here
• '
•
•
RESOLUTION 86-] 9 •
STATEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF Southlake
AND
THE AMERICAN RED CROSS
PURPOSE
•
This statement is issued by the City of Southlake and
the American Red Cross, Tarrant County Chapter, to insure
understanding and agreement on interpretation and implementa-
tion of disaster relief responsibilities.
LEGAL RESPONSIBILITY
The responsibilities of the American Red Cross and Disaster
Emergency Services in disaster situations are authorized and
defined by federal and state statutes and are reaffirmed in
an agreement between the AMERICAN RED CROSS AND THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) , dated March 7 , 1973, and
Public Law 91-606 and legislation relating to civil defense
and disaster operations.
•
RESPONSIBLITIES IN NATURAL DISASTERS
A. Disaster Emergency Services
•
Disaster Emergency services, being an integral function
of City Government, is responsible for the coordination
of all groups, both public and private, participating in
a natural disaster relief operation. The functions
carried out by these groups include:
1 . Protection of persons and property: This function
includes restoring communications and public trans-
portation, caring for the dead and • injured, con-
trolling traffic, protecting property, rescuing the
helpless , fighting fires, maintaining law and order,
clearing the streets, supplying water and food, and
• performing other duties under government ' s responsi-
bility of protecting life and property and health
of the public.
2. Administration of requests for assistance: This
function includes the receipt, processing and
expediting of requests for assistance from agencies
or organizations outside the particular jurisdiction
( except requests between Red Cross units.
page •2 - Statement of Understanding
3. Other: Due to the lack of other existing government
agencies primarily concerned with specific disaster
operations, Disaster Emergency Services - in addition
to its coordinating authority - has a more direct
operational responsibility in such matters as:
(1) warning, (2) rescue, (3) evacuation.
B. The American Red Cross
The Act of Congress (Act of January 5, 1905, 33 Sta. 599) ,
as amended (36 U. S. Code Section 1 and following) , con-
stituting the American Red Cross charter requires the Red
Cross to undertake relief activities for the purpose 'of
mitigating suffering caused by disaster and obligates the
----------- - Red Cross to develope and carry out_measures--_to_prevent_. :_ _ __-__
such suffering. Public Law 91-606 in no way affects the
legal status or restricts the authority and purposes of
the American Red Cross, as set forth in the Act. In
carrying out the purposes of Public Law 91-606, the-
president and any federal, state or local government may,
by contract or otherwise, accept and utilize the services
and facilities of the Red Cross and may distribute or
render through the Red Cross medicines, food and other
consumable supplies or emergency assistance.
1. American Red Cross ad to disaster victims is not
dependent upon a Presidential declaration of a
_ major disaster but _is provided regardless of the ^_� _ _
size of the catastrophe or the number of people
involved.
2. Through a program of disaster preparedness and
relief by American Red Cross chapters and divisions
and areas throughout the country, the Red Cross
provides disaster victims with food, clothing,
shelter, first aid and supplementary medical,
nursing and hospital care and meets other urgent
immediate needs. This, help may be provided on
the basis of mass care in shelters and at feeding
stations and aid stations.
3. The Red Cross also provides food and first aid
services for emergency workers, provides blood
and blood products for disaster victims and
handles inquiries from concerned families outside
the disaster area.
•
•
page 3 - Statement of Understanding
4. Help for disaster victims may also be provided on an
individual family basis - with funds or purchase
orders issued to families for food, clothing, medi-
cal care, health items, essential household -furnish-
ings, urgently needed occupational supplies and
equipment,- emergency rentals for housing, trans-
portation and temporary minor repairs to homes so
that they can be reoccupied.
5. The Red Cross will assist in providing information
about federal and other resources available for
additional assistance to disaster victims and will
refer families to such resources. The Red Cross
will assist families in assembling needed informa-
--- - tion for applications tor -such aid and will help
them in processing their application if the families
ask for such assistance.
6. When there is no Presidential Declaration of a major •
disaster or when such Declaration has been made but
a family is not eligible for government benefits,
Red Cross assistance may also include other recovery
needs in addition to the emergency help already given.
In such cases, the need for help will be determined
by an individual caseworker process.
7. All Red Cross disaster aid is on a grant basis, with
no request for - or expectation of - repayment. Be-
cause administrative responsibility and financial ---
control are inseparable, the Red Cross requires that .
all funds utilized by it in extending relief will be
expended in accordance with its established policies.
RESPONSIBILITIES IN ENEMY-CAUSED DISASTERS AND NATURAL DISASTERS
A. Disaster Emergency Services
The responsibility for the developing and execution of a
plan of Disaster Emergency Services in the United States
for the protection of life and property and post-attack
recovery has been designated by the Congress to be a joint
responsibility of the federal government, the several
states and their political subdivisions. Accordingly, in
event of an enemy-caused disaster, Disaster Emergency
Services reponsibilities include:
page 4 - Statement of Understanding
1. Direction of all phases of the operation.
2. Utilization of all community agencies, including
the Red Cross.
3. Execution of financial responsibility for the program
in accordance with existing Disaster Emergency Services
policies.
B. The American Red Cross
The American Red Cross recognizes that, in an enemy-
caused disaster, the protection and care of families and
individuals is a basic responsibility of government. In
. _ . ._ this connection, Red Cross chapters have agreed to assist,
to the extent of their ability, in the- development and
operation of a program of Disaster Emergency Services on
national, state and local levels. In such planning and
participation, it is recognized that the Red Cross volunteers
will serve under the direction and leadership of duly ap-
pointed Disaster Emergency Services authorities. •
THE AMERICAN RED CROSS POLICY IN SITUATIONS CAUSED BY CIVIL DISORDER
Where there is suffering resulting from civil disorders - and
fundamental human needs are not being met - the Red Cross will
participate in community action to supplement the effort of
the responsible civil authorities in extending emergency services
and relief to the victims of such disturbances. However, when
t:lere are, in the view of the Red Cross, fundamental human needs
which are not being met and there is no indication that either
the community or responsible authorities are aware of these needs
or are making an effort adequately to meet them, the Red Cross
chapter - with the support and approval of the national organi-
zation - will inform all appropriate authorities of the emergency
needs and of recommended Red Cross proposals and the Red Cross
will carry out such proposals to the greatest extent possible.
In instances of major civil disorder, the American Red Cross
may provide volunteer services but all financial obligations
generated must be assumed by state and/or local government in
those situations where government has requested the assistance
of the American Red Cross.
page 5 - Statement of Understanding
LIAISON
Continuous liaison, mutual planning and exchange of information
will be maintained between the State Coordinator of Disaster
Emergency Services, state departments and agencies with dis-
aster responsibilities and the American Red Cross. A similar
relationship between political subdivisions and Red Cross
chapters will be encouraged.
A. In carrying out its natural disaster welfare responsibilities,
the Red Cross chapters will utilize available locally en-
rolled Disaster Emergency Services volunteers. so they. may
gain' experience which may be helpful in carrying out their
responsibilities in enemy-caused disasters. In such in-
stances, Disaster Emergency Services volunteers_ will serve ____ _
under the direction and leadership of the - Red _Cross. .
B. In natural disaster situations, Disaster Emergency Services
and Red Cross have a joint responsibility to keep the public
informed in relation to the disaster. Accordingly, Disaster
Emergency Services and Red Cross agree that:
1 . Direct liaison between Disaster Emergency Services and
Red Cross will be maintained during all disaster oper-
ations. for the exchange of information pertaining to
each organization' s activities.
2 . Every effort will be made by each organization to
-- - " — insure that information -disseminated by dt relates -
solely to its responsibility.
This formal understanding provides a frame of reference within
which the City of Southlake and the Red Cross, Tarrant
County Chapter, will cooperate to carry out assigned responsi-
bilities for disaster relief in the State.
IN WITNESS WHEREOF, the parties hereto have executed this
Statement of Understanding on the dates indicated.
City of `''outhlake American Re Cross
BY: �� %Lr �V BY:
ayo/ C. y. •f So•thlake
DATr : Mar h 4 , , 986 DATE: /'�.-�✓X1
ATT, ST:
•
-1 a/ 41- ,/-1//
ity' Secretary
• City of Southlake,Texas
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS, AUTHORIZING AN
AGREEMENT BETWEEN THE CITY AND THE AMERICAN
RED CROSS, TARRANT COUNTY CHAPTER, TO INSURE
UNDERSTANDING AND AGREEMENT ON INTERPRETATION
AND IMPLEMENTATION OF DISASTER RELIEF RESPON-
SIBILITY. PROVIDING AN EFFECTIVE DATE.
THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF—PH CITY OF
SOUTHLAKE, TEXAS, TH :
Section 1 . That the City Council hereby authorizes the Mayor to
enter into an agreement between the City of Southlake and the
American Red Cross, Tarrant County Chapter, to insure
understanding and implementation of disaster relief
responsibility, in the form attached hereto as Exhibit "A" and
authorized the Mayor to have delivered an executed copy of the
agreement to the American Red Cross.
Section 2. That this resolution shall become effective on the
date of approval 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
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
STATEMENT OF UNDERSTANDING
BETWEEN THE
it
CITY OF SOUTHLAKE
AND THE
TARRANT COUNTY CHAPTER OF THE AMERICAN RED CROSS, FORT WORTH,
TEXAS
The City of Southlake agrees to permit the Red Cross to use certain
designated building (s) , grounds , and equipment for emergency mass
care shelters as required in the conduct of, Red Cross disaster
relief activities, and will cooperate with the Red Cross in
providing such facilities; and furthermore agrees to solicit
personnel to undertake training provided by the Red Cross in
shelter management, mass care and/or mass feeding, so that the
facility may be operated as a designated Red Cross Emergency
Shelter in time of need.
THE RED CROSS AGREES:
To exercise reasonable care in the conduct of its activities in
said facilities and further agrees to replace or make reimbursement
for any food or supplies that may be used by the Red Cross in the
conduct of disaster relief activities .
To reimburse provider of facilities for extra janitorial 'and/or
clean-up necessitated by use of the facility as a designated Red
Cross shelter.
The Red Cross agrees that during these times the physical
facilities are being used by the Red Cross as mass shelters
it shall be liable for any damage to such physical
facilities arising from Red Cross negligence in its use thereof;
and that it will indemnify and hold harmless the facility against
any claim or claims for damages to persons or property arising out
of the negligence of the Red Cross in the use of such facilities.
Red Cross agrees to furnish training in shelter management and mass
care to volunteers/staff from the facility; to furnish medical and
nursing services and trained caseworkers when facilities are used
to shelter disaster victims.
The City of Southlake will retain control of facilities during its
use by the Red Cross , and which will be vacated when emergency
phase has ended or at the direction of undersigned or designee.
In witness whereof this agreement becomes effective when dated and
signed, and is subject to annual review and ratification by both
parties.
Agreement with Red Cross
page two
Date:
Tarrant County Chapter
The American Red Cross
Date:
Mayor Gary Fickes
City of Southlake, Texas
ATTEST:
City Secretary
MEMORANDUM
March 2 , 1990
TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: 2nd Public Hearing for Annexation Process
The second public hearing is basicly just like the first.
It gives the public a chance to speak for or against the
annexation, and to have their questions answered.
As before, the Service Plans will be available to the public.
h44-TSLL/sl
• Nam/2 /9© 13:01 l tHM 1 NHLS'•5h'-:Uh'. [1H 1 N I . UU.
Shelley O. Hacker Fine Olt and Chemical
Manager Company
Terminal Operations 8350 N. central Expressway
Post Office Box 2159
Dallas, Texas 75221
(214) 890.1969
February 28, 1990
Ms. Sandra L. LeGrand •
667 North Carroll Avenue •
Southlake, Texas 76092
Dear Ms. LeGrand; •
Confirming our telephone conversation on February 27, Fine received your
letter dated February 9 notifying us of the annexation Tract No. 2 (attached) .
We agree with your establishing the Southlake/Grapevine boundary.
Tract No. 2 adjoins our property shown as Tract 3A, Tract 3B, and Tract 3B1 of .
the C. B. McDonald Survey which is zoned 1-2 with the special exception for
petroleum operation. With our present zoning, we request that Tract No. 2 be
annexed as 1-2 with the special exception for petroleum operation.
Sincerely,
Shelley G. Hacker, P.E.
//2////////'—'
cc: Messrs. Reg Titcombe
Leon Oliver
BM Phelps
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/Southwestern 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.
7— e/
•
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
TRACT NO. 1 12/21/89
BEING a tract of land out of the R. D. PRICE SURVEY, ABSTRACT NO. 1207, Tarrant
County, Texas, and being described by metes and bounds as follows:
BEGINNING at an iron pin, said point being 267.0 feet North of the Northwest
corner of the J.W. Chivers Survey;
THENCE North along a fence 956.6 feet to a set stone for corner;
THENCE S 89°10' W. 1367.8 feet to a pipe for corner;
THENCE S 87°58' W. 116.4 feet to an iron pin in the Easterly line of County Road
No. 3016;
THENCE S 43°40' E. along said Easterly line 117.3 feet to an iron pin at the
beginning of a curve to the right;
THENCE Southeasterly along said curve 236.6 feet to an iron pin at the end of
said curve;
THENCE S 35°06' E. continuing along the Easterly line of said County Road
812.0 feet to an iron pin for corner;
THENCE N 89°54' E. 788.7 feet to the POINT OF BEGINNING and containing
24.55 acres of land, more or less.
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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.
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. McDONALJ) SURVEY, ABSTRACT NO. 1013 and the
P.R. SPLANE SURVEY, ABSTRACT NO. 1453, Tarrant County, Texas, and being more
particularly described as .follows:
BEGINNING at an iron stake in the Northerly Right-of-Way line of the St. Louis
Southern Railway Company, said stake being a Southwest corner of a 5.33 acre •
tract of land as conveyed to American Petrofina, Inc. by Inez Blevins by deed
dated January 15, 1958, and recorded in Volume 3179, Page 593 Deed Records,
Tarrant County;
THENCE Southwesterly along said right-of-way line to a 3/4 inch iron rod as
described in Exhibit 'B' to Annexation Ordinance #139 of the City of Southlake;
THENCE North 0 degrees 23 minutes East 170 Varas (471.75 feet) along an east line
of said Ordinance #139 to a 3/4" iron rod for a corner; said rod also being a
common point in the South. Boundary :line. of Annexation Ordinance #138;
•
THENCE East along said South line of Ordinance #138 a distance of 666.65 feet to
the PLACE OF BEGINNING, and containing 3.61 acres of land, more or:less.
•
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--/6 rts-iF I:VT
City of Southlake,Texas MEMORANDUM
March 2 , 1990
TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Resolution Instructing the City Attorney to Draft
Ordinances in regard's--t nexation.
After you have held two public hearings in regards to the
annexation of certain tracts of land, the next step is to
pass a Resolution, authorizing the City Attorney to draft
ordinances , for the two tracts of land being annexed. At
that point Council can proceed with passing ordinances for
annexation of the two tracts of land. Each tract of land
will be in separate ordinance and voted on individually.
The first reading of the ordinances is scheduled for March
27 , City Council meeting and the second reading is scheduled
for the April 17 , City Council meeting. I will publish the
ordinances , if approved, on April 18 , and the property will
hen be in the city.
If ou have any questions, please give me a call.
L r
SLL/sl
•
O '` 1
VA City of Southlake,Texas
RESOLUTION NO. 90-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, AUTHORIZING THE CITY ATTORNEY
TO DRAFT AN ANNEXATION ORDINANCE ANNEXING PROPERTY
INTO THE CITY LIMITS OF THE CITY OF SOUTHLAKE, TEXAS,
THE PROPERTY BEING MORE PARTICULARLY DESCRIBED IN THE
ATTACHED EXHIBIT "A"; PROVIDING AN EFFECTIVE DATE.
WHEREAS , t-he�City is proposing to annex pro.- which is
currently contiguous to the i ' - s extraterritorial
jurisdiction into the city limits of the City of Southlake, Texas;
and,
WHEREAS, the proposed annexation will have the effect of
increasing property values , regulating growth, development and
density within the proposed area and enhance the health, safety,
morals, and general welfare and quality of life of the citizens of
Southlake and the residents of the area proposed to be annexed; and,
WHEREAS, the purpose in annexing the property more
particularly described in the attached Exhibit "A" is to prevent
undue concentration of population, enchance the property values
within the annexed area, facilitate the adequate provision of
water, sewerage, parks , and other public requirements, encourage
the most appropriate use of the land, control the development and
use of property, and furthering the health, safety, morals and
general welfare both of the citizens of Southlake and the residents
of the area proposed to be annexed.
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 their entirety.
Section 2 . That the City Attorney, is hereby authorized to draft
an ordinance annexing the land more particularly described in the
attached Exhibit "A" .
Section 3 . That this resolution shall become effective after its
passage and adoption by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, THIS THE DAY OF , 1990 .
�i�
•
I(' City of Southlake,Texas
Resolution 90-17
Authorizing City Attorney To Draft Annexation Ordinances
page two
CITY OF SOUTHLAKE, TEXAS
Mayor Gary Fickes
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
•
EXHIBIT "A"
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°4D' E. along said Easterly line 117.3 feet to an iron pin at the
beginning of a curve to the right;
THENCE Southeasterly along said curve 236.6 feet to an iron pin at the end of
said curve;
THENCE S 35°06' E. continuing along the Easterly line of said County Road
812.0 feet to an iron pin for corner;
THENCE N 89°54' E. 788.7 feet to the POINT OF FIRGINNING and containing
24.55 acres of land, more or less.
EXHIBIT "A"
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. SPIN 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.
� f�
City of Southlake,Texas
MEMORANDUM
March 1, 1990.
TO: Curtis E. Hawk, City Manager
FROM: • Karen P. Gandy, Zoning Administrator
SUBJECT: Airport Compatible Land Use Ordinance
Attached is a revised copy of the Airport Compatible Land Use
Ordinance. All of theCouncil' s suggestions voiced during the
First Reading of Ordinance No. 479 should have been incorporated
into this copy.
KPG
•
{
AIRPORT COMPATIBLE LAND t_ E
ZONING ORDINANCE NO. WO
AN ORDINANCE REGULATING THE USE OF PROPERTY IN ;'
VICINITY OF THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT
BY CREATING APPROPRIATE ZONES AND ESTABLISHING THE
BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE
RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING
CERTAIN TERMS USED HEREIN; PROVIDING FOR THE ADOPTION
OF AN AIRPORT OVERLAY ZONE MAP; PROVIDING FOR
ENFORCEMENT; ESTABLISHING A BOARD OF ADJUSTMENT;
PROVIDING PENALTIES FOR VIOLATIONS OF THIS ORDINANCE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR PUBLICATION
IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
his rd-iirance is adop d--pu-r--suant to-- t - 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 SOUTBLAXE, 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-
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
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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
It 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
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Airport from incompatible encroachment, and to promote the
good health, safety and general welfare of the citizens of
the City of Southlake, and property users therein, there is
hereby established within the City of Southlake a compatible
land use overlay zone to be known as the Airport Overlay
Zone.
(2) Boundaries of the Zone
The Airport Overlay Zone shall generally correspond to that
area contained within the 65 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. The Airport Overlay Zone Map, together with all
explanatory matter thereon, is hereby adopted by reference
and declared to be a part of this ordinance.
(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 Guidelines 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
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which was begun prior to the effective date of this
ordinance, and is diligently prosecuted. No new
construction, alteration or enlargement of any structure or
use shall take place except in conformance with this
ordinance.
(2) Destruction of Nonconforming Use
Whenever the Administrative Official determines that a
nonconforming structure has been destroyed, torn down,
physically deteriorated or decayed by more than fifty
percent (50%) of the replacement cost, such structure or use
may not be rebuilt or recommenced, except in accordance with
the regulations of this Ordinance. Notwithstanding anything
contained herein to the contrary, any one or two family
dwelling, or any structure or use accessory thereto,
existing at the effective date of this ordinance, which is
wholly or partially destroyed by fire, tornado, 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
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1� /
and Board review, and shall decide the same within a
reasonable time after the hearing has been held.
(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.
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647'J
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-
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-
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 1990.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 1990.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE:
c:\slake\airport.ord
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TABLE A
INCOMPATIBLE LAND USES
Yearly Day-Night Average
Sound Level (Ldn) in
Decibels
A B
Above
65-75 75
Agricultural Y4 Y5
Residential
SF-1A, SF-1B, SF-30,
SF-20A, SF-20B N1 N
MF-1 N1 N
MF-2 N1 N
MH N N
Hotels
HC Y2 Y3
Public Use
CS 35 N
Commercial
0-1 25 35
0-2 25 35
C-1 25 N
C-2 25 35
C-3 25 35
C-4 25 35
B-1 25 N3
B-2 Y N2
Industrial
I-1 y y
I-2 Y Y
PUD
Requirements dependent upon standards for each respective use
as set forth herein.
SP-1/SP-2
Requirements dependent upon standards for each respective use
as set forth herein.
Cumulative Uses
Cumulative uses permitted in respective zoning districts shall
be governed by such use's original zoning district
KEY TO TABLE
Y Yes. Land use and related structures compatible without
restrictions.
N No. Land use and related structures not compatible and
are prohibited.
NLR Noise Level Reduction (outdoor to indoor) to be achieved
through incorporation of noise attenuation into the
design and construction of the structure. Where NLR is
required hereunder, the builder shall be required to
certify to the City, prior to issuance of a building
permit or certificate of occupancy, that such NLR
requirements have been incorporated into the design and
construction of the structure.
25 or 35 Land use and related structures generally compatible;
measures to achieve NLR of 25 or 35 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 in Zone A and 35 dB in Zone B must
be incorporated into the design and construction of such
uses. Normal single family construction can be expected
to provide an NLR of 20 dB, thus, the reduction
requirements are often stated as 5 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 35 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. rr
4 Residential buildings require an NLR of _ i7
5 Residential buildings not permitted.
lilt) UI JUUl11I41IW, I CAdS
MEMORANDUM
March 2 , 1990
TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Records Management Program/Ordinance No. 497
The second reading for Ordinance No. 497 should be routine,
however, it is a public hearing. The ordinance has had some
very minor changes after the review by the City Attorney.
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. This ordinance is the first step in satisfying
this requirement.
If you have any questions, please do not hesitate to contact
me.
i/ 7
SLL/sl
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.
WHER _._Sty Law through 1 Tex-a-s—Loeal 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
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:
10--3
r
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 Texas State Library and Archives Commission.
Custodian 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
administer 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. 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
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.
/0- 6
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, of
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,
O. In cooperation with custodians, establish procedures
to ensure that the handling of records in any
context of the Records Management Program by the
/p `— g
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 of 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 city 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
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" means 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.
/Z i/
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 ON FIRST ' READING ON THIS DAY OF
, 1990 .
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 1990 .
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE:
/ -'/Z
City of Southlake,Texas
or E E4 O R A N N O- M
March 1 , 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) abstained.
On February 20 , 1990 , the City Council approved (4-0) the
tabling of the Preliminary Plat until the March 6 , 1990
meeting. The applicant was to approach the City of
Grapevine with Southlake Council' s concerns regarding the
safety problems the street would present.
On March 1 , Michael Barnes and I met with Grapevine Director
of Public Works , Jerry Hodge, and Assistant Director of
Public Works/Engineering Division, Stan Laster, and
discussed the applicant' s options for the second point of
ingress/egress . Two alternatives were discussed: (1) moving
the access to the East and entering the existing service
road or (2) making the proposed road a controlled emergency
access only.
KPG/ew
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to 11
,1m�" 10 ,'' 1
-1 vol 1,
City of Southlake,Texas
MEMORANDUM
March 1 , 1990
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator Ve'/,
SUBJECT: ZA 90-03 Zoning Change Request
ZA 90-03 is a zoning change request for 2 . 07 acres out of
the John A. Freeman Survey, Abstract No. 529 , being legally
described as the northern portion of Block 1 , Lot 25 ,
Woodland Heights Addition.
The lot is located on the south side of East Southlake Blvd.
(F.M. 1709) , East of Westwood Drive.
The owner of the property is Burger and Eakins Custom
Builders , Inc.
The current zoning is Office-1; the requested zoning is
Commercial-2 . The entire 3 . 00 acre lot was originally zoned
Heavy Commercial. The lot was reclassified to Retail-1 on
October 20 , 1987 . With the adoption of Ordinance No. 480 ,
this property was zoned Office-1 .
In September, 1985 , the City Council approved a site plan
for two commercial buildings to be built on the portion of
the lot now under review.
There were nine (9) letters sent to property owners within
200 feet. To date, there have been two (2) responses from
property owners within 200 feet: (1) in favor, Bob Miron,
1675 E. Southlake Blvd. and (1) opposed, Mr. and Mrs. George
Barclay, 205 Westwood. Two other residents in Woodland
Heights were opposed to the zoning request: Mr. and Mrs .
Dennis Minder, 223 Eastwood and Mr. and Mrs. Michael Wells,
221 Westwood. Two Woodland Heights residents spoke in
opposition to the request during the P & Z public hearing:
Mr. Johnny Campbell, 218 Eastwood and Donna Holley, 222
Westwood.
At the time of application, Mr. Eakins was informed of the
need to replat Lot 25 into Lots 25A and 25B prior to selling
the property and requesting a building permit.
On February 22 , 1990 , the Planning and Zoning Commission
recommended approval (3-2) of a Commercial-1 request.
KPG i3-- f
205 Westwood
Southlake, TX 76092
February 20, 1990
- City of Southlake
Planning and Zoning Commission
667 North Carrol Avenue
Southlake, TX 76092
Re: Reference No. : ZA 90-03
Dear Sirs:
We, the undersigned owners of Lot 24, Block 1 of Woodland Heights (205
Westwood), are opposed to the pending proposal to change the zoning of what
appears to be a part of Lot 25, Block 1 of Woodland Heights from Office-1 to
Commercial-2. The reasons for our opposition follow:
TRAFFIC -
Lot 25 is at the intersection of Westwood Drive and FM 1709. This
intersection is the only entrance and exit to FM 1709 for the 32
families owning homes in Woodland Heights. In addition, Westwood
Drive is the sole access to FM 1709 for the tenants of the two
office buildings located on Lot 1, which is right across the
street from the lot in question (Lot 25).
The pending widening of FM 1709 will only exacerbate what is
already dangerous and difficult access to an exit from the
Woodland Heights subdivision during rush hours in the morning and
in the evening. Rezoning Lot 25 from Office-1 to Commercial-2
will result in additional transient traffic, making it more
difficult and dangerous for both residents and school buses to get
into and out of the Woodland Heights subdivision.
CHARACTER OF WOODLAND HEIGHTS -
The two office buildings located on Lot 1 are objectionable enough
at the entrance to a residential subdivision but are far more
acceptable than unknown commercial businesses. Office buildings
similar in design to those on Lot 1 are a far more acceptable
buffer, to the homeowning residents of Woodland Heights, than to
the commercialism which will gradually encompass much of FM 1709.
Iv :3
TRANSFER OF WEALTH -
The proposed zoning change from Office-1 to Commercial-2 will
inappropriately transfer wealth (in the form of lower property
values) from 32 families to Burger and Eakins, the original
owner/developer of Woodland Heights. These same developers are
the ones who ensured higher profits from residential lot sales by
placing signs at the entrance to Woodland Heights, advertising 25
residential home sites, knowing full well that it was their
intention to develop Lots 1 and 25 as other than residential.
'In our opinion, the responsibility of the City of Southlake Planning and Zoning
Commission is not to right past wrongs, but to determine what is in the best
interests of the City's residents and taxpayers going forward. In our opinion,
that responsibility is best satisfied by leaving the entire 3.18 acres of Lot 25
zoned as Office-1 or redesignating it to be residential as are 33 of the 34 lots
in Woodland Heights.
The character of the Woodland Heights subdivision has already been compromised
by permitting access to the offices on Lot 1 from Westwood Drive rather than
from FM 1709 as required. To allow the zoning of Lot 25 to be changed from
Office-1 to Commercial-2 and further change zoning to allow access to Lot 25
from Westwood Drive (unless it is rezoned residential) will unjustly reward the
original owner/developers to the detriment of those to whom they sold 32
residential lots.
4Z;210115';;r.'274" �7 -
George M. Barclay Gloria M. Barclay
Lot 24, Woodland Heights Lot 24, Woodland Heights
205 Westwood 205 Westwood
Southlake, TX 76092 Southlake, TX 76092
l3-LI
'
221 Westwood Dr .
Southlake, Texas
February 20 , 1990 '
Planning and Zoning Board
Southlake, Texas
DeMr Sir ,
My wife and I have lived in Woodland HeigHts,Ci�ty of
Southlake for over 6 years, and are opposed to a Zoning '
Change on the property located at the northeast corner of
Westwood Drive and highway 1709 for the following reasons:
1 . Current zoning of office is more compatible with
residential , than commercial . Office Buildings already exist
on the west side of Westwood .
R. Even with the proposed entry off of FM 1709, 01'
commercial is approved dumpsters to the rear of the
building would be an eye sore entering Woodland Heights.
3. THE Owners were not opposed during the entire rezoning
` classification over the last year . If it was good enough
/ then why not now?
4. Traffic is already a problem at this intersection; ie
School Buses entering and leaving svbdivision and Kids Inc .
to the west . This hazardous intersection has been the site
of numerous Automobile accidents. A more intense use would
only compound the problem.
As a board member we urge you to consider the
compatibility of existing residental and office mix as
opposed to residential , office, and commercial all in one
neighborhood .
Thank you for your consideration
Michael Wells
` Carol Ann Wells
-
���� �
223 Eastwood Dr .
Southlake Texas
' 0 F FlC E (}P
February 20' 1990 CITY SECRUMILYAP
Planning and Zoning Board
Southlake, Texas
Dear Sir ,
'
My wife and I have lived in Woodland Heights ,City of
Southlake for over 6 years, and are opposed to a Zoning `
Change on the property located at the northeast corner of
Westwood Drive and highway 1709 for the following reasons:
1 . Current zoning of office is more compatible with
residential , than commercial . Office Buildings already exist
on the west side of Westwood .
2. Even with the proposed entry off of FM 1709, if
commercial is approved dumpsters to the rear of the
building would be an eye sore entering Woodland Heights.
S. THE Owners were not opposed during the entire rezoning
classification over the last year . If it was good enough
then why not now?
4 . Traffic is already a problem at this intersectiun; ie
School Buses entering and leaving subdivision and Kids Inc .
to the west . This hazardous intersection has been the site
of numerous Automobile accidents . A more intense use would
only compound the problem.
As a board member we urge you to consider the
compatibility of existing residental and office mix as
opposed to residential , office , and commercial all in one
neighborhood .
Thank you for your consideration `
ZZ
Pattie J. Minder
�`�
� � �
~ ��
P210
8/12/88
Exhibit "A"
Page 1 of 1
BEING 0.105 of an acre of land, more of less, situated in the
County of Tarrant, State of Texas, and being out of the John A.
Freeman Survey, Abstract No. 529, and being part of the remaining
portion of a tract of land conveyed by Billie Farrar, Trustee to
Burger & Eakins Custom Builders, Inc. by deed dated April 14, 1982
and recorded in Volume 7278, Page 797 of the Deed Records, Tarrant
County, Texas, said 0.105 of an acre of land also being out of Lot
25, Block 1, Woodland Heights, a subdivision of Record in Volume
388-155, Page 13 of the Plat Records of Tarrant County, Texas,
which 0.105 of an acre of land, more or less, is more particularly
described as follows:
BEGINNING at the point of intersection of the proposed southerly
right-of-way line of F.M. Highway 1709 with the westerly line of
said Lot 25, same being the easterly right-of-way line of Westwood
Drive, said point being 65.00 feet southerly of and at right angles
to centerline survey station 404+46.61;
(1) THENCE North 00°07'37" East along the westerly line of said
Lot 25, same being the easterly right-of-way line of said
Westwood Drive a distance of 14.50 feet to a point in the
+" j existing southerly right-of-way line of said F.M. Highway
1709;
(2) THENCE South 89°53'32" East along the existing southerly
right-of-way line of said F.M. Highway 1709 a distance of
315.33 feet;
(3) THENCE South 01°04'06" East along the East line of said Lot 25
a distance of 14.55 feet to a point in the proposed southerly
right-of-dray line of said F.M. Highway 1709, said point being
North 01 04'06" West a distance of 540.05 feet from the
Southeast corner of said Lot 25;
(4) THENCE North 89°53'01" West along the proposed southerly
right-of-way line of said F.M. Highway 1709 a distance of
315.64 feet to the POINT OF BEGINNING. '
(3-f
I \
LN(ff►ANK LOOP
TROPHY CLUB L, _ LAKE
i i ..• 411 c•,.4-..• .Rd ---7-
elµ 1 ISAM�,f• ,MIMERO � �' GRAPEVINE
•1 .1ft ...
101 JONES NI - I ma -AMU \
1►OSSUM Noun :GOOS1 s=ECCIT JN s .
••N 2NEOIINO IN �Y ]: iP�2H¢w
a.--_._^ ( A tWANN IY ,t ice.a: e
•j — 1 1 5 CRANE I� J e .
I /� t 1 nUItiNO LA `�:
WESTLAKE Il�` JDN 1•1 -. =SASS of J `
^INUMc iA011T i
• IN BOUT%
- Dr�MON COUNTY��_. • I
�.� • CAA►LIE TRAIL LAKE ,_• THOUSAND OAKS
TARRANT COUNTY . a ` - •,; C .• SOHN LAKE a I . -
I DISTRICT BOUND c
s •1 a '?'�� .owmmm .m.
.J 1 it �+ Z ] '`SOU1Nl1KE :Nlo0a WI _@=LAKESIDE o \
t IO tiil1..1\,\ • gPK.E +•
' ,..W.
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g It.) S I HILLSIDE DI Olin WINO CT o Y 2
a I,, Z CRESCENT OR Is- x O'. SLUE TEAL CT z
IZ \• ]SOUIxLAK1 iR_W;o es s - BURNEY i :LIE
Iy 1 WOODLAND ON �' •� WI
® 7 xlll WP ON OG e- ( 'OAAYEL 30 N
Iz \ 'SWEETST cf/� I J �! ��a
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I CARROLL =1 0
u
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•CINBI.ANOfN • I COPE M.. LOW NINNY CT e•/ :" } s: I.
E I_. CITY
I` xaLSIO(C IJ1. iW LODGE ISAN sA°� „ HAIL .� u
Ia6 RM TA I= Ir •I i jA piAMONO BLYO u
I: I� lm v BICENTENNIAL '`Pi
' 1 I
`o JONNSON R0 a t'= w• SOIIINIAIPa IIYO_W pr�'P!tie--RLVO " :�i tt Y
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u CONTINENTAL DUO.E
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r I CARROLL
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ES I �.�
TR 6 Billie Farrar (-0 4
cmY Commercial-3 68.07 AC 1731 Woods Dr.
1 -. I . Arlington, TX.
76010
SOUTHIAKE BLVD.— —
•
R.W. Miron Howell J.W.Frank i Richard Zembrod
1675 E. Southlake /
,// 400 S. 2895 Selma 2141 E. Southlake Blvd
Blvd. White Dallas 75234
Chapel Agricultural
Commercial-2 /',/ TR 2C TR 2
The Woodlan•
/� , % 1.5 AC 2.8 AC
• Group 25 ;'
U 1723 E. Southl, e AG AG
N 5 V Blvd. TR 28
I r1O 1 Burger & EaAins 14.25 AC
M r�11 1725 E. Sou rhlake
Office-1 Blvd.
262A5 Office-1
Donald C. Light
ETUX Mary E. q " . .
2 Geo. M. Barclay ISS,
200 Westwood 205 Westwood
SF-1 24
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TARRANT COUNTY
DEPARTMENT OF PUBLIC WORKS
I.M.STEWART
Director
OFFICIAL OFFER LETTER
July 19 , 1989
Tarrant County RE: Purchase of 0 .105 of an
CSJ 1603-03-016 . acre (4,574 sq. ft.) of
F.M. 1709 land out of Lot 25, Block
Parcel #210 1, Woodland Heights as
recorded in Plat Records
Vol . 388-115, Page. 13
PRTCT
( Burger & Eakins Custom Builders, Inc.
1725 East Southlake Blvd. , #109
Southlake, TX 76092
1343
1 '
1 1 . pp
I/ 1 00.00 405•00.00
1oo.+r ew
J O.
1.243' .•1..'.".-.
=1 .,,..In''"I'"dI—IIII'vorr sol m•
_ fr�
24 RCP._ 40 .4G.i1 - o
a.y0' —16 li :_ SL!'ST32'E •315.33• _ .. MSS A N69'S3.01'M 11 To
iikr" ' ram-"�,. • -story
HOC OT'3 Mood
i.01' 23.63 210 elan
•
S1']5'ON 65.00'
i9 53.3 ' y 405000.00 \ \
• 2101E to
• : 2 •1
I
\ "" LOT N i'.
c 1,40�.Ts.s4
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•
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1345 .
e
J`
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-14
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 2 . 07
ACRE TRACT OF LAND OUT OF THE JOHN A. FREEMAN
SURVEY, ABSTRACT NO. 529 , BEING LEGALLY
DESCRIBED AS THE NORTHERN PORTION OF BLOCK 1 ,
LOT 25 , WOODLAND HEIGHTS ADDITION, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM OFFICE-1 DISTRICT TO COMMERCIAL-I AISTRIC 4I
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 Office-1 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
Pir
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:
iiir
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 2 . 07 acre tract of land out of the John
A. Freeman Survey, Abstract No. 529 , being legally described
as the northern portion of Block 1 , Lot 25 , Woodland Heights
Addition and more fully and completely described in Exhibit
"A, " attached hereto and incorporated herein.
From Office-1 District to Commercial-2 District.
Section 2 . That the City Manager is hereby directed to
correct the Official Zoning Map of the City of Southlake, Texas, to
reflect the herein changes in zoning.
Section 3 . That in all other respects the use of the tract or
tracts of land herein above described shall be subject to all the
applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of
Southlake, Texas. All existing sections , subsections, paragraphs,
sentences , words, phrases and definitions of said Zoning Ordinance
are not amended 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- /3-/g
Pir
Section 7 . That any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2000 . 00) . A separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
PASSED AND APPROVED on the 1st reading the day of
, 1990 .
PASSED AND APPROVED on the 2nd reading the day of
, 1990 .
Gary Fickes , Mayor
City of Southlake
ATTEST:
•
Sandra L. LeGrand,
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake
-4- /3-17
City of Southlake,Texas
MEMORANDUM
March 1 , 1990
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator-!
SUBJECT: ZA 90-04 Specific Use Permit
ZA 90-04 is a request for a Specific Use Permit for the sale
of "beer-by-the-glass" in conjunction with a sit-down
restaurant to be known as Pizza Parlor.
The proposed restaurant is to be located at 1101
E.N.W.Parkway, Suites 102 and 103 , Carroll Oaks Shopping
Center.
The owners of the property are John David and Ken Golba
d/b/a Pizza Parlor.
The property is zoned Commercial-2. The sale of alcoholic
beverages is permitted in this district per Ordinance No.
480 , Section 45 . 1 (1) by Specific Use Permit.
There were sixteen (16) letters sent to property owners
within 200 feet as well as each of the tenants in the
Carroll Oaks Shopping Center. To date, there have been
three (3) written responses regarding this request. Mr.
Milner, 651 E. Highland, Mr. and Mrs. Nimphius , 1050
Lakewood, D.C. Hardy and J.B. Stahala, N.E. corner of N.
Carroll and Hwy. 114 , are in favor of the request. Roger
Rickenberg, co-owner of Kid' s Kourt, spoke in opposition to
the request.
On February 22 , 1990 , the Planning and Zoning Commission
recommended denial (5-0) of this request. They felt that the
location was not right due to Kid' s Kourt, a drop-off
babysitting establishment, being next door to the proposed
Pizza Parlor.
KPG
/qi
r _
.
I
> 1 WESTPARK100P LAKE
TROPHY CLUB �,i SAMB9 '�
�, _ 4,ssWOGERD F GRAPEVINE
i`t S, Y e B'-- RD 1
:__e_er "' s �� as a I
• No, �f�>. 13 BOB JONES RD o BOB JONES
- _...° °
iSJ`s - GOOSE W NECK OR I •
-
,r .'b - . I POSSUM HOLLOW T= -z o m
�' -LOA `�� f'^�+ "'' 3 REDBIRD LN 3 0 0.'z Aft
�, • T1 vim. 3RfAVER Y 142 j��=W te o _ _
~ _l { 5 CRANE E MERIN LX o s z • ` -
4.C / qN pgEE�OR r 3 9 BASS BR j
3 `-DRUMc 'TROUT SOUTH a , �"
Y i N 41 THOUSAND OAKS ,. - , ,
T I m CRAPPIE TRAIL LAKE !
y L , •
a Cl,,. m t ! -
SOUTH LANE
7 I ... .ng.1 •j.r Wmf1Y.G� .emri.n r.�ir ti.rc.
L DISTRICT BOUND' - c
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a YSOUTHLAKE HARBOR 5 ���'
o la . SOLANA .5 �PK.E .....
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IU ��♦ 1 HILLSIDE OR ;-, .PEAT WING CT e< -; )
Cl)I "�^-`�, 2 CRESCENT DR z HARBOR ¢ BLUE TEAL CT i [ -
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"�"'LK"' \ - ,-4 WOODLAND DR •" d~' -t.. 1 E�OR-
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W ...... 'fsTE( 90SS TIMBE�__Rq YEgD MIDDLE BAOOXWDOC
o s -WRY (q •i -�EWp pt i WILOWODO l SCHOOL �9A1
_ : • m �J :RAINTREE OR qfp '
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f - s r o T.f DIAMOND BLVD -
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s. o AIRPORT - CT''- G. W J o x
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THE CITY OF SOUTHLAKE, TEXAS (jf )
ORDINANCE NO. 480-15
AN ORDINANCE AMENDING ORDINANCE NO. 480 , THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ��
SOUTHLAKE, TEXAS, AS AMENDED, PASSED AND
APPROVED ON SEPTEMBER 19 , 1989 , GRANTING A
SPECIFIC USE PERMIT ON A TRACT OF LAND WHICH IS
WITHIN THE CITY OF SOUTHLAKE, TEXAS, AND
DESCRIBED AS 1101 E.N.W. PARKWAY, SUITE 102 AND
103 OF THE CARROLL OATS ADDITION; APPROVING A
SPECIFIC USE PERMIT FOR THE SALE OF
"BEER-BY-THE-GLASS" ; PRESERVING ALL OTHER
PORTIONS OF THE COMPREHENSIVE ZONING ORDINANCE,
PROVIDING A SEVERABILITY CLAUSE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT
HEREIN MADE; PROVIDING A PENALTY OF NOT LESS
THAN TWO DOLLAR NOR MORE THAN TWO THOUSAND
DOLLARS ($2 , 000 . 00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS;
AND PROVIDING AN EFFECTIVE DATE.
THE STAT OF TEXAS
COUNTY OF ARRA IT
THE CITY OF SOUTHLAKE r
WHEREAS , a change in the classification of a zoning district
has been requested by a person or corporation having a proprietary
interest in the property described in Exhibit "A" ; and
WHEREAS , the requested change was submitted to the Planning
and Zoning Commission of the city of Southlake, Texas (the "City")
for its recommendation and report; and
WHEREAS, the Planning and Zoning Commission of the City of
Southlake and the City Council of the City of Southlake, in
compliance with the laws of the State of Texas and with the
provisions of the Comprehensive Zoning Ordinance of the City of
Southlake, have given the requisite notices by publication and
otherwise and have held due hearings and afforded a full and fair
hearing to all property owners generally and to the persons
interested and situated in the affected area and in the vicinity
thereof; and
WHEREAS, the City Council does hereby find and determine that
the granting of such change in the 'classification of the zoning
district is in the best interest of the public health, safety,
morals and general welfare of the City.
/ 9 7
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1 . That Ordinance No. 480 , the Comprehensive Zoning
Ordinance of the City of Southlake, Texas , passed and approved on
September 19 , 1989 , as originally adopted and amended, (the
"Comprehensive Zoning Ordinance") , be and the same is hereby
amended and changed in the following particulars and all other
existing Sections , Subsection, Paragraphs , Sentences , Definitions,
Phrases and Words of said Comprehensive Zoning Ordinance are not
amended, but remain intact and are hereby ratified, verified and
affirmed.
A. A Specific Use Permit is hereby granted for the sale of
"Beer-by-the-glass" in conjunction with a dine-in
restaurant to be known as Pizza Parlor.
Section 2 . That this Specific Use Permit shall allow for the
sale of "beer-by-the-glass" subject to the provisions contained in
this ordinance and the applicable regulations contained in the
Comprehensive Zoning Ordinance.
Section 3 . That the herein described property shall be used
only in the manner and for the purpose provided by the
Comprehensive Zoning Ordinance as amended herein by the granting of
this Specific Use Permit, subject to the following specific
requirements and special conditions:
Section 4 . The City Manager of the City is hereby directed to
correct the official zoning maps of the City to reflect the herein
change in zoning.
Section 5 . That in all other respects the use of the tracts
of land herein above described shall be subject to all the
applicable regulations contained in said Comprehensive Zoning
Ordinance of the City and all other applicable and pertinent
ordinances of the City.
Section 6 . That the zoning regulations and districts as
herein established have been made in accordance with the
comprehensive plan of 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 secure safety from
fire, panic, flood and other dangers; to provide adequate light and
air; to prevent over-crowding of land, to avoid undue concentration
of populations; to facilitate the adequate provisions of
transportation, water, sewerage, drainage and surface water, parks
and other public requirements , and to make adequate provisions for
the normal business , commercial needs and development of the
community. They have been made 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.
/11---3.1
Pr Section 7 . This ordinance shall be cumulative of all other
ordinances of the City affecting zoning and shall not repeal any of
the provisions of said ordinances except in those instances where
provisions of those ordinances which are in direct conflict with
the provisions of this ordinance.
Section 8 . That if any section, article, paragraph, sentence,
clause, phrase or word in this ordinance or application thereof to
any person or circumstance is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council hereby declares it would have passed such remaining
portions of this ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 9 . 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 less than One Dollar
($1 . 00) nor more than Two Thousand Dollars ($2 ,000 . 00) and a
separate offense shall be deemed committed upon each day during or
on which a violation occurs or continues.
PASSED AND APPROVED ON FIRST READING BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS, this the day of
, 1989.
PASSED AND APPROVED ON SECOND AND FINAL READING BY THE CITY
COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, this the day of
, 1989 .
Gary Fickes, Mayor
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake
/ 7 7
CITY OF SOUTHLAKE, TEX S j '
ORD I ANG
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS,
PROVIDING FOR THE TAXATION OF PROPERTY EXEMPT
UNDER ARTICLE VIII, SECTION' S 1-j , TEXAS \
CONSTITUTION BEGINNING WITH THE 1991 TAX YEAR.
WHEREAS, the City Councrl--of the—City—o-f S-outhil.ake Texas,
finds that the taxation of certain goods, wares , ores , and other
tangible personal property that is forwarded out of this state
within 175 days of its acquisition or importation into this state
is in the public interest:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1 . All of that property described in the Texas
Constitution, Article VIII , Sec. 1-j , shall be fully taxable in the
City of Southlake beginning January 1 , 1991 .
Section 2 . All ordinances and parts of ordinances in conflict
with this Ordinance are hereby repealed to the extent of the
conflict.
Section 3 . This Ordinance shall take effect immediately from
and after its passage and the publication of the caption, as the
law in such cases provides.
PASSED AND APPROVED on the 1st reading the day of
, 1990 .
PASSED AND APPROVED on the 2nd reading the day of
, 1990 .
Gary Fickes, Mayor
City of Southlake
ATTEST:
Sandra L. LeGrand,
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake
/5= /
;tf,
•
ORDINANCE NO. 0010
AN ORDINANCE authorizing the issuance of "CITY OF
SOUTHLAKE, TEXAS, GENERAL OBLIGATION
REFUNDING BONDS, SERIES 1990" ; specifying
the terms and features of said bonds;
levying a continuing direct annual ad
valorem tax for the payment of said bonds ;
and resolving other matters incident and
-
related to the issuance, sale, payment and
delivery of said bonds, including the
approval and execution of a Purchase
Contract and Special Escrow Agreement and
the approval and distribution of an Official
Stat ent pertaining thereto; i
emergen
WHEREAS, the City Council of the City of Southlake,
Texas (the "City" ) has heretofore issued, sold, and delivered,
and there is currently outstanding obligations totalling in
principal amount $2 , 605, 000 of the following issue or series
(hereinafter called the "Refunded Obligations") , to wit :
(1) City of Southlake, Texas, General
Obligation Bonds, Series 1982, dated
February 1, 1982, maturing February 1 in
each of the years 1995 through 1997, and
now outstanding in the principal amount of 210,000
(2) City of Southlake, Texas,.. General
Obligation Bonds, Series 1984, dated May 1,
1984, maturing August 1 in each of the
years 1997 through 2001, and now
outstanding in the principal amount of 275,000
(3) City of Southlake, Texas, Combination Tax
and Revenue Certificates of Obligation,
Series 1985, dated April 1, 1985, maturing
April 1 in each of the years 1991 through
2001, and now outstanding in the principal
amount of 2,120,000
WHEREAS, pursuant to the provisions of Article 717k,
V.A.T.C. S. , as amended, the City Council is authorized to issue
refunding bonds and deposit the proceeds of sale thereof
directly with any place of payment for the Refunded
Obligations, and such deposit , when made in accordance with
said statute, shall constitute the making of firm banking and -
financial arrangements for the discharge and final payment of
the Refunded Obligations; and
/ 6 '!
F
WHEREAS, the City' Council hereby finds and determines that
such indebtedness represented by the Refunded Obligations
should be refunded to extend the term of, and restructure the
payment of, such indebtedness and provide tax rate relief to •
the citizens of the City while also enabling the City to
undertake and implement planning goals and objectives for
providing and financing projected infrastructure needs and
necessary municipal facilities; and
WHEREAS, the City Council hereby finds and determines that
the Refunded Obligations are scheduled to mature, or are
subject to being redeemed, not more than twenty (20) years from
the date of the refunding bonds herein authorized; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1: Authorization-Designation-Principal Amount-
Purpose - Date. General obligation refunding bonds of the City
shall be and are hereby authorized to be issued in the
aggregate principal amount of $ , to be designated and
bear the title "CITY OF SOUTHLAKE, TEXAS, GENERAL OBLIGATION
REFUNDING BONDS, SERIES 1990" (hereinafter referred to as the
"Bonds") , for the purpose of providing funds for the discharge
and final payment of certain outstanding obligations of the
City (identified in the preamble hereof and referred to as the
"Refunded Obligations" ) and to pay costs of issuance, in
accordance with authority conferred by and in conformity with
the Constitution and laws of the State of Texas, including
Article 717k, V.A.T.C. S. , as amended. The Bonds shall be
dated March 1, 1990 (the "Issue Date") and issued as fully
registered obligations , without coupons .
SECTION 2 : Fully Registered Interest Paying/Non-Interest
Paying Obligations - Terms . The Bonds shall be issued in part
as "Current Interest Bonds" (obligations paying accrued
interest to the holders or owners on and at stated intervals
prior to maturity or redemption) and in part as "Capital
Appreciation Bonds" (obligations paying no accrued interest to
the holders or owners prior to maturity) .
The Current Interest Bonds (other than the Initial Bond
referenced in Section 7 hereof) shall be in denominations of
$5, 000 or any integral multiple (within a Stated Maturity)
thereof , shall be lettered "R- " and the definitive printed
obligations shall be numbered consecutively from One (1)
upward. Furthermore, the Current Interest Bonds shall bear
interest (calculated on the basis of a 360-day year of twelve
30-day months) on the unpaid principal amounts from the Issue
-2-
t
Date at the per annum rate(s) shown in the schedule hereafter
appearing, and such interest shall be payable on February 1 and
August 1 in each year, commencing February 1, 1991 .
The Capital Appreciation Bonds shall each be issued in
Maturity Amounts (the "Accreted Value" [as hereinafter defined]
at maturity) of $5, 000, or any integral multiple thereof within
a Stated Maturity (except for the Initial Bond referenced in
Section 7 hereof) , shall be lettered "CAB- " and the
definitive printed obligations shall be numbered consecutively
from One (1) upward. Interest on the Capital Appreciation
Bonds shall accrue from the date of delivery of the Bonds to
the initial purchasers (April 10, 1990) and compound
semiannually on February 1 and August 1 in each year,
commencing August 1, 1990, until the Stated Maturity or earlier
redemption thereof . The accrued interest on Capital
Appreciation Bonds shall be payable at maturity or earlier
redemption as a portion of the Maturity Amount.
The term "Accreted Value" , as herein used with respect to
Capital Appreciation Bonds, shall mean the original principal
amount of a Capital Appreciation Bond plus interest thereon
compounded semiannually to February 1 or August 1, as the case
may be, next preceding the. date of such calculation (or the
date of calculation, if such calculation is made on February 1
or August 1) , at the respective interest rate(s) stated in the
schedule hereinafter appearing therefor and, with respect to
each $5, 000 Accreted Value at maturity, as set forth in the
Accreted Value table appearing in the Official Statement
referred to in Section 15 hereof . For any day other than a
February 1 or August 1, the Accreted Value of, a Capital
Appreciation Bond shall be determined by a straight line
interpolation between the values for the applicable semiannual
compounding dates (based on 30-day months) .
The Bonds shall be issued in the aggregate principal
amount of $ and in part as "Current Interest Bonds"
totalling $ in principal amount and in part as
"Capital Appreciation Bonds" totalling $ in
original principal amount and aggregating in Maturity Amount
(a) Current Interest Bonds : The Current Interest Bonds
shall become due and payable on February 1 in each of the years
and in principal amounts (the "Stated Maturities" ) and bear
interest at per annum rate(s) in accordance with the following
schedule:
-3- /
Principal Interest
Stated Maturity Amount Rate(s)
1992 $
1993
0
1994
a
1995
1996
1997
a
1998
1999
2000
2001
2002
2003 %
2004
2005
2006
(b) Capital Appreciation Bonds: The Capital Appreciation
Bonds shall be issued in the original principal amounts, which
shall accrete in value on a semiannual basis at the interest
rate(s) stated in the table below, and shall become due and
payable on February 1 in each of the years (the "Stated
Maturities" ) in the Maturity Amounts set forth in the following
table:
Stated
Year of Original Principal Interest Maturity
Maturity Amount Rate Amount
2007 $ % $
2008 %
2009 %
SECTION 3 : Terms of Payment - Paying Agent/Registrar .
The principal of, premium, if any, and the interest on the
Bonds, due and payable by reason of maturity, redemption or
otherwise, shall be payable only to the registered owners or
holders of the Bonds (hereinafter called the "Holders" )
appearing on the registration and transfer books (the "Security
Register" ) for the Bonds maintained by the Paying
Agent/Registrar and the payment thereof shall be in any coin or
currency of the United States of America, which at the time of
payment is legal tender for the payment of public and private
debts, and shall be without exchange or collection charges to
the Holders .
-4-
The selection and appointment of FIRST CITY, TEXAS-AUSTIN,
N.A. , Austin, Texas to serve as Paying Agent/Registrar for the
Bonds is hereby approved and confirmed. The City covenants to
maintain and provide a Paying Agent/Registrar at all times
until the Bonds are paid and discharged, and any successor
Paying Agent/Registrar shall be a ' bank, trust company,
financial institution or other entity qualified and authorized
to serve in such capacity and perform the duties and services
of Paying Agent/Registrar. Upon any change in the Paying
Agent/Registrar for the Bonds, the City agrees to promptly
cause a written notice thereof to be sent to each Holder by
United States Mail, first class postage prepaid, which notice
shall also give the address of the new Paying Agent/Registrar .
The Bonds shall be payable at their Stated Maturities or
upon their earlier redemption only upon the presentation and
surrender to ' the principal office of the Paying
Agent/Registrar. Interest on a Capital Appreciation Bond shall
be payable at its Stated Maturity as a portion of the Accreted
Value or Maturity Amount. Interest on a Current Interest Bond
shall be paid to the Holders whose names appear in the Security
Register at the close of business on the Record Date (the 15th
day of the month next preceding each interest payment date) and
shall be paid by the Paying Agent/Registrar (i) by check sent
United States Mail, first class postage prepaid, to the address
of the Holder recorded in the Security Register or (ii) by such
other method, acceptable to the Paying Agent/Registrar,
requested by, and at the risk and expense of, the Holder. If
the date for the payment of the Bonds shall be a Saturday,
Sunday, a legal holiday, or a day when banking institutions in
the City where the Paying Agent/Registrar is located are
authorized by law or executive order to close, then the date
for such payment shall be the next succeeding day which is not
such a Saturday, Sunday, legal holiday, or day when banking
institutions are authorized to close; and payment on such date
shall have the same force and effect as if made on the original
date payment was due.
In the event of a non-payment of interest on one or more
maturities on a scheduled payment date on the Current Interest
Bonds , and for thirty (30) days thereafter , a new record date
for such interest payment for such maturity or maturities (a
"Special Record Date" ) will be established by the Paying
Agent/Registrar , if and when funds for the payment of such
interest have been received from the- City. Notice of the
Special Record Date and of the scheduled payment date of the
past due interest (which shall be 15 days after the Special
Record Date) shall be sent at least five (5) business days
prior to the Special Record Date by United States Mail, first
class postage prepaid, to the address of each Holder of the
-5-
Current Interest Bonds appearing on the Security Register at
the close of business on the last business day next preceding
the date of mailing of such notice.
SECTION 4 : Redemption. (a) Optional Redemption. (1) The L
Current Interest Bonds having Stated Maturities on and after
February 1, 2001, shall be subject to redemption prior to
maturity, at the option of the City, in whole or in part in
principal amounts of $5, 000 or any integral multiple thereof
(and if within a Stated Maturity by lot by the Paying Agent/
Registrar) , on February 1, 2000 or on any date thereafter at
the redemption price of par, together with accrued interest to
the redemption date.
(2) The Capital Appreciation Bonds shall be subject to
redemption prior to maturity, at the option of the City, in
whole or in part in Maturity Amounts of $5, 000 or any integral
multiple thereof (and if less than all Capital Appreciation
Bonds for a year of maturity are to be redeemed, by lot by the
Paying Agent/Registrar) , on February 1, 2001 or on any August 1
or February 1 thereafter at the respective redemption prices
expressed as percentages of the "Accreted Value" as of the date
of redemption (such Accreted Value to be calculated in
accordance with the Accreted Value table referenced in
Section 2 hereof and to appear on the Capital Appreciation
Bonds) :
Redemption Dates Redemption Price
February 1, 2001 and August 1, 2001 102%
February 1, 2002 and August 1, 2002 101%
February 1, 2003 and thereafter 100%
(b) Exercise of Redemption Option. At least
forty-five (45) days prior to a redemption date (unless a
shorter notification period shall be satisfactory to the-Paying
Agent/Registrar) , the City shall notify the Paying
Agent/Registrar of its decision to exercise the right to redeem
Bonds , the principal amount (with respect to Current Interest
Bonds) and Maturity Amount (with respect to Capital
Appreciation Bonds) of each Stated Maturity to be redeemed, and
the date set for the redemption thereof . The decision of the
City to exercise the right to redeem Bonds shall be entered in
the minutes of the governing body of the City.
(c) Selection of Bonds for Redemption. If less than all
Outstanding Current Interest Bonds or Capital Appreciation
Bonds of the same Stated Maturity are to be redeemed on a
redemption date, the Paying Agent/Registrar shall treat such as
representing the number of Bonds Outstanding which is obtained
-6-
by dividing the principal amount (with respect to Current
Interest Bonds) and Maturity Amount (with respect to Capital
Appreciation Bonds) by $5, 000 and shall select the Current
Interest Bonds or Capital Appreciation Bonds, as the case may
be, to be redeemed within such Stated Maturity, by lot.
(d) Notice of Redemption. Not less than thirty (30) days
prior to a redemption date for the Current Interest Bonds, a
notice of redemption shall be sent by United States Mail, first
class postage prepaid, in the name of the City and at the
City' s expense, to each Holder of a Bond to be redeemed in
whole or in part at the address of the Holder appearing on the
Security Register at the close of business on the last business
day next preceding the date of mailing such notice, and any
notice of redemption so mailed shall be conclusively presumed
to have been duly given irrespective of whether received by the
Holder.
All notices of redemption shall (i) specify the date of
redemption for the Bonds, (ii) identify by number the Bonds to
be redeemed and, in the case of a portion of the principal
amount or Maturity Amount, as the case may be, to be redeemed,
the principal amount thereof (with respect to Current Interest
Bonds) or Maturity Amount (with respect to Capital Appreciation
Bonds) to be redeemed, (iii) state the redemption: price,
(iv) state that the Bonds, or the portion of the principal
amount or Maturity Amount, as the case may be, to be redeemed,
shall become due and payable on the redemption date specified,
and the accruing of interest, or the accretion in value, as the
case may be, shall cease from and after the redemption date,
and (v) specify that payment of the redemption price for the
Bonds, or the principal amount or Maturity Amount, as the case
may be, to be redeemed, shall be made at the principal office
of the Paying Agent/ Registrar only upon presentation and
surrender of the Bonds to be redeemed, in whole or in part, by
the Holder . If a Bond is subject by its terms to prior
redemption and has been called for redemption and notice of
redemption has been duly given or waived as herein provided,
such Bond (or the principal amount or Maturity Amount, as the
case may be, to be redeemed) shall become due and payable, and
accruing interest thereon and the accretion in value of such
Bonds, or portion thereof, to be redeemed shall cease from and
after the redemption date therefor, provided moneys sufficient
for the payment of such Bonds (or of the principal amount or
Maturity Amount , as the case may be, to be redeemed) at the
then applicable redemption price are held for the purpose of
such payment by the Paying Agent/Registrar .
SECTION 5 : Registration - Transfer - Exchange of Bonds
- Predecessor Bonds . A Security Register relating to the
registration, payment, and transfer or exchange of the Bonds
shall at all times be kept and maintained by the City at the
principal office of the Paying Agent/Registrar, as provided
herein and in accordance with the provisions of an agreement
with the Paying Agent/Registrar and such rules and regulations
as the Paying Agent/Registrar and the City may prescribe. The
Paying Agent/Registrar shall obtain, record, and maintain in
the Security Register the name and address of each registered
owner of the Bonds issued under and pursuant to the provisions
of this Ordinance. Any Bond may, in accordance with its terms
and the terms hereof, be transferred or exchanged for Bonds of
like kind (Current Interest Bonds or Capital Appreciation
Bonds) , of other authorized denominations upon the Security
Register by the Holder, in person or by his duly authorized
agent, upon surrender of such Bond to the Paying
Agent/Registrar for cancellation, accompanied by a written
instrument of transfer or request for exchange duly executed by
the Holder or by his duly authorized agent, in form
satisfactory to the Paying Agent/Registrar.
Upon surrender for transfer of any Bond (other than the
Initial Bonds authorized in Section 7 hereof) at the principal
office of the Paying Agent/Registrar, the . Paying
Agent/Registrar shall register and deliver, in the name of the
designated transferee or transferees, one or more new Bonds,
executed on behalf of, and furnished by, the City of authorized
denominations and of like Stated Maturity and of a like
aggregate principal amount (with respect to Current Interest
Bonds) or Maturity Amount (with respect to Capital Appreciation
Bonds) as the Bond or Bonds surrendered for transfer .
At the option of the Holder, Bonds (other than the Initial
Bonds authorized in Section 7 hereof) may be exchanged for
other Bonds of authorized denominations and having the same
Stated Maturity, bearing the same rate of interest and of like
aggregate principal amount (with respect to Current Interest
Bonds) or Maturity Amount (with respect to Capital Appreciation
Bonds) as the Bonds surrendered for exchange, upon surrender of
the Bonds to be exchanged at the principal office of the Paying
Agent/ Registrar . Whenever any Bonds are surrendered for
exchange, the Paying Agent/Registrar shall register and deliver
new Bonds , executed on behalf of , and furnished by, the City,
to the Holder requesting the exchange.
All Bonds issued upon any such transfer or exchange shall
be delivered at the principal office of the Paying
Agent/Registrar, or sent by United States Mail, first class
postage prepaid, to the Holder and, upon the delivery thereof ,
-8-
the same shall be valid obligations of the City, evidencing the
same obligation to pay, and entitled to the same benefits under
this Ordinance, as the Bonds surrendered in such transfer or
exchange.
All transfers or exchanges of Bonds pursuant to this
Section shall be made without expense or service charge to the
Holder, except as otherwise herein provided, and except that
the Paying Agent/Registrar shall require payment by the Holder
requesting such transfer or exchange of any tax or other
governmental charges required to be paid with respect to such
transfer or exchange .
Bonds cancelled by reason of an exchange or transfer
pursuant to the provisions hereof are hereby defined to be
"Predecessor Bonds , " evidencing all or a portion, as the case
may be, of the same obligation to pay evidenced by the Bond or
Bonds registered and delivered in the exchange or transfer
therefor . Additionally, the term "Predecessor Bonds" shall
include any mutilated, lost, destroyed, or stolen Bond for
which a replacement Bond has been issued, registered and
delivered in lieu thereof pursuant to Section 10 hereof and
such new replacement Bond shall be deemed to evidence the same
obligation as the mutilated, lost, destroyed, or stolen Bond.
Neither the City nor the Paying Agent/Registrar shall be
required to transfer or exchange any Bond called for
redemption, in whole or in part, within 45 days of the date
fixed for redemption of such Bond; provided, however, such
limitation on transferability shall not be applicable to an
exchange by the Holder of the unredeemed balance of a Bond
called for redemption in part .
SECTION 6 : Execution - Registration. The Bonds shall
be executed on behalf of the City by the Mayor under its seal
reproduced or impressed thereon and countersigned by the City
Secretary. The signature of said officers on the Bonds may be
manual or facsimile . Bonds bearing the manual or facsimile
signatures of individuals who are or were the proper officers
of the City on the Issue Date shall be deemed to be duly
executed on behalf of the City, notwithstanding that such
individuals or either of them shall cease to hold such offices
at the time of delivery of the Bonds to the initial
purchaser(s) and with respect to Bonds delivered in subsequent
exchanges and transfers , all as authorized and provided in the
Bond Procedures Act of 1981, as amended.
No Bond shall be entitled to any right or benefit under
this Ordinance, or be valid or obligatory for any purpose,
unless there appears on such Bond either a certificate of
-9-
registration substantially in the form provided in Section 8C,
manually executed by the Comptroller of Public Accounts of the
State of Texas or his duly authorized agent, or a certificate
of registration substantially in the form provided in
Section 8D, manually executed by an authorized officer,
employee or representative of the Paying Agent/ Registrar, and
either such certificate upon any Bond duly signed shall be
conclusive evidence, and the only evidence, that such Bond has
been duly certified,- registered and delivered.
SECTION 7 : Initial Bonds . The Bonds herein authorized
shall be initially issued as two (2) fully registered bonds,
being ( i) a single fully registered Current Interest Bond in
the aggregate principal amount shown in Section 2 hereof with
principal installments to become due and payable as provided in
Section 2(a) hereof and numbered TR-1 and (ii) a single fully
registered Capital Appreciation Bond in the aggregate Maturity
Amount appearing in Section 2 hereof with installments of such
Maturity Amount to become due and payable as provided in
Section 2(b) hereof and numbered TCAB-1. The two (2) initial
• bonds (hereinafter collectively called the "Initial Bonds")
shall be registered in the name of the initial purchaser(s) , or
the designee thereof . The Initial Bonds shall be the Bonds
submitted to the Office of the Attorney General of the State of
Texas for approval, certified and registered by the Office of
the Comptroller of Public Accounts of the State of Texas and
delivered to the initial purchaser(s) . Any time after the
delivery of the Initial Bonds, the Paying Agent/Registrar,
pursuant to written instructions from the initial purchaser(s) ,
or the designee thereof, shall cancel the Initial Bonds
delivered hereunder and exchange therefor definitive Bonds of
authorized denominations, Stated Maturities, principal amounts
(with respect to Current Interest Bonds) or Maturity Amounts
(with respect to Capital Appreciation Bonds) and bearing
applicable interest rates for transfer and delivery to the
Holders named at the addresses identified therefor; all
pursuant to and in accordance with such written instructions
from the initial purchaser(s) , or the designee thereof, and
such other information and documentation as the Paying
Agent/Registrar may reasonably require.
SECTION 8 : Forms . A. Forms Generally. The Bonds,
the Registration Certificate of the Comptroller of Public
Accounts of the State of Texas, the Certificate of
Registration, and the form of Assignment to be printed on each
of the Bonds , shall be substantially in the forms set forth in
this Section with such appropriate insertions, omissions,
substitutions, and other variations as are permitted or
required by this Ordinance and may have such letters , numbers ,
or other marks of identification (including identifying numbers
-10-
and letters of the Committee on Uniform Securities
Identification Procedures of the American Bankers Association)
and such legends and endorsements ( including insurance legends
on insured Bonds and any reproduction of an opinion of counsel)
thereon as may, consistently herewith, be established by the
City or determined by the officers executing such Bonds as
evidenced by their execution thereof . Any portion of the text
of any Bonds may be set forth on the reverse thereof, with an
appropriate reference thereto on the face of the Bond.
The definitive Bonds shall be printed, lithographed, or
engraved or produced in any other similar manner, all as
determined by the officers executing such Bonds as evidenced by
the execution thereof, but the Initial Bonds submitted to the
Attorney General of Texas may be typewritten or photocopied or
otherwise reproduced.
B. Form of Definitive Bond.
[Current Interest Bond]
REGISTERED REGISTERED
NO. $
UNITED STATES OF AMERICA •
STATE OF TEXAS
CITY OF SOUTHLAKE, TEXAS,
GENERAL OBLIGATION REFUNDING BOND,
SERIES 1990
Issue Date: Interest Rate: Stated Maturity: CUSIP NO:
March 1, 1990
Registered Owner:
Principal Amount: DOLLARS
The City of Southlake (hereinafter referred to as the
"City" ) , a body corporate and municipal corporation in the
County of Tarrant, State of Texas, for value received,
acknowledges itself indebted to and hereby promises to pay to
the order of the Registered Owner named above, or the
registered assigns thereof , on the Stated Maturity date
specified above the Principal Amount hereinabove stated (or so
much thereof as shall not have been paid upon prior redemption)
and to pay interest on the unpaid principal amount hereof from
the Issue Date at the per annum rate of interest specified
above computed on the basis of a 360-day year of twelve 30-day
months ; such interest being payable on February 1 and August 1
in each year, commencing February 1, 1991. Principal of this
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Bond is payable at its Stated Maturity or redemption to the
registered owner hereof, upon presentation and surrender, at
the principal office of the Paying Agent/Registrar executing
the registration certificate appearing hereon, or its
successor. Interest is payable to the registered owner of this
Bond (or one or more Predecessor Bonds, as defined in the
Ordinance hereinafter referenced) whose name appears on the
"Security Register" maintained by the Paying Agent/Registrar at
the close of business on the "Record Date" , which is the 15th
day of the month next preceding each interest payment date, and
interest shall be paid by the Paying Agent/Registrar by check
sent United States Mail, first class postage prepaid, to the
address of the registered owner recorded in the Security
Register or by such other method, acceptable to the Paying
Agent/Registrar, requested by, and at the risk and expense of,
the registered owner. All payments of principal of, premium,
if any, and interest on this Bond shall be without exchange or
collection charges to the owner hereof and in any coin or
currency of the United States of America which at the time of
payment is legal tender for the payment of public and private
debts .
This Bond is one of the series specified in its title
issued in the aggregate principal amount of $
(herein referred to as the "Bonds") for the purpose of
providing funds for the discharge and final payment of . certain
outstanding obligations of the City and to pay costs of
issuance, under and in strict conformity with the Constitution
and laws of the State of Texas, including Article 717k,
V.A.T.C. S. , and pursuant to an Ordinance adopted by the City
Council of the City (herein referred to as the "Ordinance") .
The Bonds are issued in part as "Current Interest Bonds" , which
total in principal amount $ and pay accrued interest
at stated intervals to registered owners and in part as
"Capital Appreciation Bonds" , which total in original principal
amount $ and pay no accrued interest prior to their
Stated Maturities .
The Current Interest Bonds maturing on and after
February 1, 2001, may be redeemed prior to their Stated
Maturities, at the option of the City, in whole or in part in
principal amounts of $5, 000 or any integral multiple thereof
(and if within a Stated Maturity by lot by the Paying
Agent/Registrar) , on February 1, 2000 , or on any date
thereafter, at the redemption price of par, together with
accrued interest to the date of redemption and upon 30 days
prior written notice being sent by United States Mail, first
class postage prepaid, to the registered owners of the Bonds to
be redeemed, and subject to the terms and provisions relating
thereto contained in the Ordinance. If this Bond (or any
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portion of the principal sum hereof) shall have been duly
called for redemption and notice of such redemption duly given,
then upon such redemption date this Bond (or the portion of the
principal sum hereof to be redeemed) shall become due and
payable, and interest thereon shall cease to accrue from and
after the redemption date therefor, provided moneys for the
payment of the redemption price and the interest on the
principal amount to be redeemed to the date of redemption are
held for the purpose of such payment by the Paying.
Agent/Registrar.
In the event of a partial redemption of the principal
amount of this Bond, payment of the redemption price of such
principal amount shall be made to the registered owner only
upon presentation and surrender of this Bond to the. Paying
Agent/Registrar at its principal office, and there shall be
issued to the registered owner hereof, without charge, a new
Bond or Bonds of like maturity and interest rate in any
authorized denominations provided by the Ordinance for the then
unredeemed balance of the principal sum hereof . If this Bond is
selected for redemption, in whole or in part, the City and the
Paying Agent/Registrar shall not be required to transfer this
Bond to an assignee of the registered owner within 45 days of
the redemption date therefor; provided, however, such
limitation on transferability shall not be applicable to an
exchange by the registered owner of the unredeemed balance
hereof in the event of its redemption in part.
The Bonds are payable from the proceeds of an ad valorem-
tax levied, within the limitations prescribed by law, upon all
taxable property in the City. Reference is hereby made to the
Ordinance, a copy of which is on file in the principal office
of the Paying Agent/Registrar, and to all of the provisions of
which the owner or holder of this Bond by the acceptance hereof
hereby assents, for definitions of terms; the description of
and the nature and extent of the tax levied for the payment of
the Bonds; the terms and conditions relating to the transfer or
exchange of this Bond; the conditions upon which the Ordinance
may be amended or supplemented with or without the consent of
the Holders ; the rights, duties, and obligations of the City
and the Paying Agent/Registrar; the terms and provisions upon
which this Bond may be discharged at or prior to its maturity
or redemption, and deemed to be no longer Outstanding
thereunder; and for other terms and provisions contained
therein. Capitalized terms used herein have the meanings
assigned in the Ordinance.
This Bond, subject to certain limitations contained in
the Ordinance, may be transferred on the Security Register only
upon its presentation and surrender at the principal office of
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/6 — /
the Paying Agent/Registrar, with the Assignment hereon duly
endorsed by, or accompanied by a written instrument of transfer
in form satisfactory to the Paying Agent/Registrar duly
executed by, the registered owner hereof, or his duly
authorized agent . When a transfer on the Security Register
occurs, one or more new fully registered Bonds of the same
Stated Maturity, of authorized denominations, bearing the same
rate of interest, and of the same aggregate principal amount
will be issued by the Paying Agent/Registrar to the designated
transferee or transferees .
The City and the Paying Agent/Registrar, and any agent
of either, shall treat the registered owner whose name appears
on the Security Register (i) on the Record Date as the owner
entitled to payment of interest hereon, (ii) on the date of
surrender of this Bond as the owner entitled to payment of
principal hereof at its Stated Maturity or its redemption, in
whole or in part, and (iii) on any other date as the owner for
all other purposes, and neither the City nor the Paying Agent/
Registrar, or any agent of either, shall be affected by notice
to the contrary. In the event of nonpayment of interest on a
scheduled payment date and for thirty (30) days thereafter, a
new record date for such interest payment (a "Special Record
Date") will be established by the Paying Agent/Registrar, if
and when funds for the payment of such interest have been
received from the City. Notice of the Special Record Date and
of the scheduled payment date of the past due interest (which
shall be 15 days after the Special Record Date) shall be sent
at least five (5) business days prior to the Special Record -
Date by United States Mail, first class postage prepaid, to the -
address of each Holder appearing on the Security Register at
the close of business on the last business day next preceding
the date of mailing of such notice.
It is hereby certified, recited, represented and
declared that the City is a body corporate and political
subdivision duly organized and legally existing under and by
virtue of the Constitution and laws of the State of Texas; that
the issuance of the Bonds is duly authorized by law; that all
acts, conditions and things required to exist and be done
precedent to and in the issuance of the Bonds to render the
same lawful and valid obligations of the City have been
properly done, have happened and have been performed in regular
and due time, form and manner as required by the Constitution
and laws of the State of Texas, and the Ordinance; that the
Bonds do not exceed any Constitutional or statutory limitation;
and that due provision has been made for the payment of the
principal of and interest on the Bonds by the levy of a tax as
aforestated. In case any provision in this Bond shall be
invalid, illegal , or unenforceable, the validity, legality, and
-14-
enforceability of the remaining provisions shall not in any way
be affected or impaired thereby. The terms and provisions of
this Bond and the Ordinance shall be construed in accordance
with and shall be governed by the laws of the State of Texas .
IN WITNESS WHEREOF, the City Council of the City has
caused this Bond to be duly executed under the official seal of
the City as of the Issue Date.
CITY OF SOUTHLAKE, TEXAS
COUNTERSIGNED: Mayor
City Secretary
(SEAL) _
[Capital Appreciation Bond]
REGISTERED
REGISTERED MATURITY AMOUNT
NO. CAB- $
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF SOUTHLAKE, TEXAS,
GENERAL OBLIGATION REFUNDING BOND,
SERIES 1990
Issue Date: Stated Yield: Stated Maturity: CUSIP NO:
March 1, 1990
Registered Owner:
Maturity Amount: DOLLARS
The City of Southlake (hereinafter referred to as the
"City" ) , a body corporate and municipal corporation in the
County of Tarrant, State of Texas , for value received,
acknowledges itself indebted to and hereby promises to pay to
the order of the Registered Owner named above, or the
registered assigns thereof, on the Stated Maturity date
specified above the Maturity Amount stated above (or so much
thereof as shall not have been paid upon prior redemption) .
-15-
/6--4
The Maturity Amount of this Bond represents the accretion of
the original principal amount of this Bond from the date of
delivery to the initial purchasers (April 10 , 1990) to the
Stated Maturity and such accretion in value occuring at the
above Stated Yield and compounding on August 1, 1990, and
semiannually thereafter on February 1 and August 1. A table of
the "Accreted Values" per $5, 000 "Accreted Value" at maturity
is printed on the reverse side of this Bond. The term
"Accreted Value" , as used herein, means the original principal
amount of this Bond plus the interest thereon compounded
semiannually to February 1 and August 1, as the case may be,
next preceding the date of such calculation (or the date of
calculation, if such calculation is made on February 1 or
August 1) at the Stated Yield for the Stated Maturity shown
above and in the Table of Accreted Values printed hereon. For
any date other than February 1 or August 1, the Accreted Value
of this Bond shall be determined by a straight line
interpolation between the values for the applicable semiannual
compounding dates (based on 30-day months) .
This Bond is payable to the registered owner hereof,
upon presentation and surrender, at the principal office of the
Paying Agent/Registrar executing the registration certificate
appearing hereon, or its successor . Payments of this Bond
shall be without exchange or collection charges to the owner
hereof and in any coin or currency of the United States of
America which at the time of payment is legal tender for the
payment of public and private debts .
This Bond is one of the series specified in its title
issued in the aggregate principal amount of $
(herein referred to as the "Bonds") for the purpose of
providing funds for the discharge and final payment of certain
outstanding obligations of the City and to pay costs of
issuance, under and in strict conformity with the Constitution
and laws of the State of Texas, including Article 717k,
V.A.T.C.S. , and pursuant to an Ordinance adopted by the City
Council of the City (herein referred to as the "Ordinance" ) .
The Bonds are issued in part as "Current Interest Bonds" , which
total in principal amount $ and pay accrued interest
at stated intervals to registered owners and in part as
"Capital Appreciation Bonds" , which total in original principal
amount $ and pay no accrued interest prior to their
Stated Maturities .
The Capital Appreciation Bonds may be redeemed prior to
their Stated Maturities , at the option of the City, in whole or
in part in Maturity Amounts of $5 , 000 or any integral multiple
thereof (and if within a Stated Maturity by lot by the Paying
Agent/Registrar) , on February 1, 2001 or on any August 1 or
-16-
February 1 thereafter at the redemption prices (expressed as
percentages of the "Accreted Value" for the respective
redemption dates , calculated and determined in accordance with
the Accreted Value table appearing hereon) as follows :
Redemption Dates Redemption Price
February 1, 2001 and August 1, 2001 102%
February 1, 2002 and August 1, 2002 101%
February 1, 2003 and thereafter 100%
At least thirty days prior to the date fixed for any
redemption of Bonds, the City shall cause a written notice of
such redemption to be sent by United States Mail, first class
postage prepaid, to the registered owners of each Bond to be
redeemed at the address shown on the Security Register and
subject to the terms and provisions relating thereto contained
in the Ordinance. If a Bond (or any portion thereof) shall
have been called for redemption and notice of such redemption
duly given, then upon such redemption date such Bond (or the
portion thereof to be redeemed) shall become due and payable,
and interest thereon shall cease to accrue from and after the
redemption date therefor; provided moneys for the payment of
the redemption price to the date of redemption are held for the
purpose of such payment by the Paying Agent/Registrar .
In the event of a partial redemption of the Maturity
Amount of this Bond, payment of the redemption price of such
Maturity Amount shall be made to the registered owner only upon
presentation and surrender of this Bond to the Designated
Payment/Transfer Office of the Paying Agent/Registrar and.,
there shall be issued, without charge therefor, to the
registered owner hereof, a new Bond or Bonds of like maturity
and of authorized amounts provided in the Ordinance for the
then unredeemed balance of the Maturity Amount hereof . If this
Bond is called for redemption, in whole or in part, the City
and the Paying Agent/Registrar shall not be required to
transfer this Bond to an assignee of the Holder within 45 days
of the redemption date therefor; provided, however , such
limitation on transferability shall not be applicable to an
exchange by the Holder of the unredeemed balance hereof in the
event of its redemption in part .
The Bonds are payable from the proceeds of an ad valorem
tax levied, within the limitations prescribed by law, upon all
taxable property in the City. Reference is hereby made to the
Ordinance, a copy of which is on file in the principal office
of the Paying Agent/Registrar, and to all of the provisions of
which the owner or holder of this Bond by the acceptance hereof
hereby assents, for definitions of terms; the description of
-17-
/6 ��
and the nature and extent of the tax levied for the payment of
the Bonds ; the terms and conditions relating to the transfer or
exchange of this Bond; the conditions upon which the Ordinance
may be amended or supplemented with or without the consent of
the Holders; the rights , duties, and obligations of the City
and the Paying Agent/Registrar; the terms and provisions upon
which this Bond may be discharged at or prior to its maturity
or redemption, and deemed to be no longer Outstanding
thereunder; and for other terms and provisions contained
therein. Capitalized terms used herein have the meanings
assigned in the Ordinance.
This Bond, subject to certain limitations contained in the
Ordinance, may be transferred on the Security Register only
upon its presentation and surrender at the principal office of
the Paying Agent/Registrar, with the Assignment hereon duly
endorsed by, or accompanied by a written instrument of transfer
in form satisfactory to the Paying Agent/Registrar duly
executed by, the registered owner hereof, or his duly
authorized agent. When a transfer on the Security Register
occurs, one or more new fully registered Bonds of the same
Stated Maturity, of authorized denominations, accruing interest
at the same rate, and of the same aggregate Maturity Amount
will be issued by the Paying Agent/Registrar to the designated
transferee or transferees .
The City and the Paying Agent/Registrar, and any agent of
either, shall treat the registered owner whose name appears on
the Security Register (i) on the date of surrender of this Bond
as the owner entitled to payment of the Maturity Amount at its
Stated Maturity or its redemption, in whole or in part, and
(ii) on any other date as the owner for all other purposes, and
neither the City nor the Paying Agent/ Registrar, or any agent
of either , shall be affected by notice to the contrary.
It is hereby certified, recited, represented and declared
that the City is a body corporate and political subdivision
duly organized and legally existing under and by virtue of the
Constitution and laws of the State of Texas; that the issuance
of the Bonds is duly authorized by law; that all acts,
conditions and things required to exist and be done precedent
to and in the issuance of the Bonds to render the same lawful
and valid obligations of the City have been properly done, have
happened and have been performed in regular and due time, form
and manner as required by the Constitution and laws of the
State of Texas , and the Ordinance; that the Bonds do not exceed
any Constitutional or statutory limitation; and that due
provision has been made for the payment of the principal of and
interest on the Bonds by the levy of a tax as aforestated. In
case any provision in this Bond shall be invalid, illegal, or
•
-18-
unenforceable, the validity, legality, and enforceability of
the remaining provisions shall not in any way be affected or
impaired thereby. The terms and provisions of this Bond and
the Ordinance shall be construed in accordance with and shall
be governed by the laws of the State of Texas .
IN WITNESS WHEREOF, the City Council of the City has
caused this Bond to be duly executed under the official seal of
the City as of the Issue Date.
CITY OF SOUTHLAKE, TEXAS
COUNTERSIGNED: Mayor
City Secretary
(SEAL)
C. *Form of Registration Certificate of Comptroller
of Public Accounts to appear on Initial Bonds
only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER
OF PUBLIC ACCOUNTS
( REGISTER NO.
THE STATE OF TEXAS
I HEREBY CERTIFY that this Bond has been examined,
certified as to validity and approved by the Attorney General
of the State of Texas , and duly registered by the Comptroller
of Public Accounts of the State of Texas .
WITNESS my signature and seal of office this
Comptroller of Public Accounts
of the State of Texas
(SEAL)
*NOTE TO PRINTER : Do Not Print on Definitive Bonds
-19-
/6 /O
D. Form of Certificate of Paying Agent/Registrar to
appear on Definitive Bonds only.
REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Bond has been duly issued and registered under the
provisions of the within-mentioned Ordinance; the bond or bonds
of the above entitled and designated series originally
delivered having been approved by the Attorney General of the
State of Texas and registered by the Comptroller of Public
Accounts , as shown by the records of the Paying Agent/Registrar.
FIRST CITY, TEXAS-AUSTIN, N.A. ,
Austin, Texas,
as Paying Agent/Registrar
Registration Date:
By
Authorized Signature
E. Form of Assignment .
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells,
assigns, and transfers unto (Print or typewrite name, address,
and zip code of transferee: )
(Social Security or other identifying number:
) the within Bond and all rights thereunder,
and hereby irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for
registration thereof , with full power of substitution in the
premises .
DATED:
NOTICE: The signature on this
Signature guaranteed: assignment must correspond with
the name of the registered owner
as it appears on the face of the
within Bond in every particular .
F . The Initial Bonds for the Current Interest Paying
Bonds and the Capital Appreciation Bonds shall be in the
respective forms set forth therefor in paragraph B of this
Section, except as follows :
-20-
(1) [Form of Current Interest Initial Bond]
Heading and paragraph one shall be amended to read as follows :
NO. TR-1 $
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF SOUTHLAKE, TEXAS,
GENERAL OBLIGATION REFUNDING BOND,
SERIES 1990
Issue Date: CUSIP NO:
March 1, 1990
Registered Owner:
Principal Amount: DOLLARS
The City of Southlake, Texas (hereinafter referred to as
the "City" ) , a body corporate and municipal corporation in the
County of Tarrant, State of Texas, for value received,
acknowledges itself indebted to and hereby promises to pay to
the order of the Registered Owner named above, 'or the
registered assigns thereof, the Principal Amount hereinabove
stated on February 1 in the years and in principal installments
in accordance with the following schedule:
YEAR OF PRINCIPAL INTEREST
MATURITY INSTALLMENTS RATE
( Information to be inserted from
schedule in Section 2 hereof)
(or so much thereof as shall not have been paid, upon prior
redemption) and to pay interest on the unpaid principal amount
hereof from the Issue Date at the per annum rate of interest
specified above computed on the basis of a 360-day year of
twelve 30-day months; such interest being payable on February 1
and August 1 in each year, commencing February 1, 1991 .
Principal installments of this Bond are payable at 'the year of
maturity or on a prepayment date to the registered owner
hereof, upon presentation and surrender, at the principal
office of FIRST CITY, TEXAS-AUSTIN, N.A. , Austin, Texas (the
"Paying Agent/Registrar" ) . Interest is payable to the
registered owner of this Bond (or one or more Predecessor
Bonds, as defined in the Ordinance hereinafter referenced)
whose name appears on the "Security Register" maintained by the
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Paying Agent/Registrar at the close of business on the "Record
Date" , which is the 15th day of the month next preceding each
interest payment date, and interest shall be paid by the Paying
Agent/Registrar by check sent United States Mail, first class
postage prepaid, to the address of the registered owner
recorded in the Security Register or by such other method,
acceptable to the Paying Agent/Registrar, requested by, and at
the risk and expense of, the registered owner. All payments of
principal of, premium, if any, and interest on this Bond shall
be without exchange or collection charges to the owner hereof
and in any coin or currency of the United States of America
which at the time of payment is legal tender for the payment of
public and private debts .
(2) (Form of Capital Appreciation Initial Bond]
Heading and first two paragraphs shall be amended to read as
follows :
REGISTERED MATURITY AMOUNT
NO. TCAB-1 $
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF SOUTHLAKE, TEXAS,
GENERAL OBLIGATION REFUNDING BOND,
SERIES 1990
Issue Date: CUSIP NO:
March 1, 1990
Registered Owner:
Maturity Amount: DOLLARS
The City of Southlake, Texas (hereinafter referred to as
the "City" ) , a body corporate and municipal corporation in the
County of Tarrant, State of Texas, for value received,
acknowledges itself indebted to and hereby promises to pay to
the order of the Registered Owner named above, or the
registered assigns thereof, the aggregate Maturity Amount
stated above on February 1 in each of the years and in
installments in accordance with the following schedule:
Year of Maturity Stated
Maturity Amount Yield(s)
(Information to be inserted from
schedule in Section 2 hereof) .
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(or so much thereof as shall not have been paid upon prior
redemption) . The respective installments of the Maturity
Amount hereof represents the accretion of the original
principal amounts of each year of maturity from the date of
delivery to the initial purchasers (April 10, 1990) to the
respective years of maturity and such accretion in values
occuring at the respective Stated Yields and compounding on
August 1, 1990 , and semiannually thereafter on each February 1
and August 1 . A table of the "Accreted Values" per $5, 000 •
"Accreted Value" at maturity is attached to this Bond. The
term "Accreted Value" , as used herein, means the original
principal amount of this Bond plus the interest thereon
compounded semiannually to February 1 and August 1, as the case
may be, next preceding the date of such calculation (or the
date of calculation, if such calculation is made on February 1
or August 1) at the respective Stated Yields shown above and in
the Table of Accreted Values attached hereto. For any date
other than February 1 or August 1, the Accreted Value of this
Bond shall be determined by a straight line interpolation
between the values for the applicable semiannual compounding
dates (based on 30-day months) .
The installments of Maturity Amounts, or the appropriate
redemption prices for such installments, of this Bond are
payable at maturity or redemption, as the case may be; to the
registered owner hereof, without exchange or collection
charges, upon its presentation and surrender, at the principal
office of FIRST CITY, TEXAS-AUSTIN, N.A. , Austin, Texas (the -
"Paying Agent/ Registrar" ) , and shall be payable in any coin or
currency of the United States of America which at the time of
payment is legal tender for the payment of public and private
debts .
SECTION 9 : Levy of Taxes . To provide for the payment
of the "Debt Service Requirements" of the Bonds , being (i) the
interest on the Bonds and ( ii) a sinking fund for their
redemption at maturity or a sinking fund of 2% (whichever
amount is the greater) , there is hereby levied, and there shall
be annually assessed and collected in due time, form, and
manner, a tax on all taxable property in the City, within the
limitations prescribed by law, and such tax hereby levied on
each one hundred dollars ' valuation of taxable property in the
City for the Debt Service Requirements of the Bonds shall be at
a rate from year to year as will be ample and sufficient to
provide funds each year to pay the principal of and interest on
said Bonds while Outstanding; full allowance being made for
delinquencies and costs of collection; separate books and
records relating to the receipt and disbursement of taxes
levied, assessed and collected for and on account of the Bonds
shall be kept and maintained by the City at all times while the
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Bonds are Outstanding , and the taxes collected for the payment
of the Debt Service Requirements on the Bonds shall be
deposited to the credit of a "Special 1990 Refunding Bond
Account" (the "Interest and Sinking Fund" ) maintained on the
records of the City and deposited in a special fund maintained
at an official depository of the City' s funds; and such tax
hereby levied, and to be assessed and collected annually, is
hereby pledged to the payment of the Bonds .
Proper officers of the City are hereby authorized and
directed to cause to be transferred to the Paying Agent/
Registrar for the Bonds , from funds on deposit in the Interest
and Sinking Fund, amounts sufficient to fully pay and discharge
promptly each installment of interest and principal of the
Bonds as the same accrues or matures or comes due by reason of
redemption prior to maturity; such transfers of funds to be
made in such manner as will cause collected funds to be
deposited with the Paying Agent/Registrar on or before each
principal and interest payment date for the Bonds .
SECTION 10: Mutilated - Destroyed - Lost and Stolen
Bonds . In case any Bond shall be mutilated, or destroyed, lost
or stolen, the Paying Agent/Registrar may execute and deliver a
replacement Bond of like form and tenor, and in the same
denomination and bearing a number not contemporaneously
outstanding, in exchange and substitution for such mutilated
Bond, or in lieu of and in substitution for such destroyed,
lost or stolen Bond, only upon the approval of the City and
after (i) the filing by the Holder thereof with the Paying
Agent/ Registrar of evidence satisfactory to the Paying Agent/
Registrar of the destruction, loss or theft of such Bond, and
of the authenticity of the ownership thereof and (ii) the
furnishing to the Paying Agent/Registrar of indemnification in
an amount satisfactory to hold the City and the Paying Agent/
Registrar harmless . All expenses and charges associated with
such indemnity and with the preparation, execution and delivery
of a replacement Bond shall be borne by the Holder of the Bond
mutilated, or destroyed, lost or stolen.
Every replacement Bond issued pursuant to this Section
shall be a valid and binding obligation, and shall be entitled
to all the benefits of this Ordinance equally and ratably with
all other Outstanding Bonds ; notwithstanding the enforceability
of payment by anyone of the destroyed, lost , or stolen Bonds .
The provisions of this Section are exclusive and shall
preclude (to the extent lawful) all other rights and remedies -
with respect to the replacement and payment of mutilated,
destroyed, lost or stolen Bonds .
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SECTION 11 : Satisfaction of Obligation of City. If the
City shall pay or cause to be paid, or there shall otherwise be
paid to the Holders , the principal of, premium, if any, and
interest on the Bonds, at the times and in the manner
stipulated in this Ordinance, then the pledge of taxes levied
under this Ordinance and all covenants, agreements, and other
obligations of the City to the Holders shall thereupon cease,
terminate, and be discharged and satisfied.
Bonds or any principal amount(s) (with respect to Current
Interest Bonds) and Maturity Amounts (with respect to Capital
Appreciation Bonds) shall be deemed to have been paid within
the meaning and with the effect expressed above in this Section
when (i) money sufficient to pay in full such Bonds at maturity
or to the redemption date therefor, together with all interest
due thereon, shall have been irrevocably deposited with and
held in trust by the Paying Agent/Registrar, or an authorized
escrow agent, or (ii) Government Securities shall have been
irrevocably deposited in trust with the Paying Agent/Registrar,
or an authorized escrow agent, which Government Securities have
been certified by an independent accounting firm to mature as
to principal and interest in such amounts and at such times as
will insure the availability, without reinvestment, of
sufficient money, together with any moneys deposited therewith,
if any, to pay when due the Bonds on the Stated Maturities
thereof or (if notice of redemption has been duly given or
waived or if irrevocable arrangements therefor acceptable to
the Paying Agent/ Registrar have been made) the redemption date
thereof . The City covenants that no deposit of moneys or
Government Securities will be made under this Section and no
use made of any such deposit which would cause the Bonds to be
treated as "arbitrage bonds" within the meaning of Section 148
of the Internal Revenue Code of 1986, as amended, or
regulations adopted pursuant thereto .
Any moneys so deposited with the Paying Agent/ Registrar,
or an authorized escrow agent, and all income from Government
Securities held in trust by the Paying Agent/Registrar, or an
authorized escrow agent, pursuant to this Section in excess of
the amount required for the payment of the Bonds shall be
remitted to the City or deposited as directed by the City.
Furthermore, any money held by the Paying Agent/Registrar for
the payment of the Bonds and remaining unclaimed for a period
of four (4) years after the Stated Maturity, or applicable
redemption date, of the Bonds such moneys were deposited and
are held in trust to pay shall upon the request of the City be
remitted to the City against a written receipt therefor .
Notwithstanding the above and foregoing, any remittance of
funds from the Paying Agent/Registrar to the City shall be
subject to any applicable unclaimed property laws of the State
of Texas .
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The term "Government Securities" , as used herein, means
direct obligations of the United States of America, which are
non-callable prior to the respective Stated Maturities of the
Bonds and may be United States Treasury Obligations such as the
State and Local Government Series and may be in book-entry form.
SECTION 12 : Ordinance a Contract - Amendments -
Outstanding Bonds . This Ordinance shall constitute a contract
with the Holders from time to time, be binding on the City, and
shall not be amended or repealed by the City so long as any
Bond remains Outstanding except as permitted in this Section.
The City may, without the consent of or notice to any Holders,
from time to time and at any time, amend this Ordinance in any
manner not detrimental to the interests of the Holders,
including the curing of any ambiguity, inconsistency, or formal
defect or omission herein. In addition, the City may, with the
consent of Holders who own in aggregate 51% of the principal
amount (with respect to Current Interest Bonds) and Maturity
Amount (with respect to Capital Appreciation Bonds) of the
Bonds then Outstanding, amend, add to, or rescind any of the
provisions of this Ordinance; provided that, without the
consent of all Holders of Outstanding Bonds, no such amendment,
addition, or rescission shall ( 1) extend the time or times of
payment of the principal of, premium, if any, and interest on
the Bonds, reduce the principal amount or Maturity Amount, as
the case may be, thereof, the redemption price therefor, or the
rate of interest thereon, or in any other way modify the terms
of payment of the principal of, premium, if any, or interest on
the Bonds, (2) give any preference to any Bond over any other
Bond, or (3) reduce the aggregate principal amount or Maturity
Amount, as the case may be, of Bonds required to be held by
Holders for consent to any such amendment, addition, or
rescission. Furthermore, while the payment of principal of and
interest on the Bonds is insured by Municipal Bond Investors
Assurance Corporation ( "MBIA" ) , no amendment or change to this
Ordinance will be made without the consent of MBIA.
The term "Outstanding" when used in this Ordinance with
respect to Bonds means , as of the date of determination, all
Bonds theretofore issued and delivered under this Ordinance,
except :
(1) those Bonds cancelled by the Paying
Agent/Registrar or delivered to the Paying Agent/
Registrar for cancellation;
(2) those Bonds deemed to be duly paid by
the City in accordance with the provisions of
Section 11 hereof by the irrevocable deposit with
the Paying Agent/Registrar, or an authorized escrow
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agent, of money or Government Securities, or both,
in the amount necessary to fully pay the principal
of , premium, if any, and interest thereon to
maturity or redemption, as the case may be,
provided that, if such Bonds are to be redeemed,
notice of redemption thereof shall have been duly
given pursuant to this Ordinance or irrevocably
provided to be given to the satisfaction of the
Paying Agent/ Registrar, or waived; and
(3) those mutilated, destroyed, lost, or
stolen Bonds which have been replaced with Bonds
registered and delivered in lieu thereof as
provided in Section 10 hereof .
SECTION 13 : Covenants to Maintain Tax-Exempt Status.
(a) Definitions . When used in this Section, the
following terms shall have the following meanings :
"Code" means the Internal Revenue Code of 1986 ,
as amended by all legislation, if any, enacted on or
before the Issue Date.
"Computation Date" has the meaning stated : in
Treas. Reg . § 1. 148-8T(b) (1) .
"Gross Proceeds" has the meaning stated in
Treas. Reg . § 1. 148-8T(d) .
"Investment" has the meaning stated in Treas .
Reg . § 1 . 148-8T(e) .
"Nonpurpose Investment" means any Investment in
which Gross Proceeds of the Bonds are invested and•
which is not acquired to carry out the governmental
purpose of the Bonds . Obligations acquired with
proceeds of the Bonds that are to be used to
discharge the Refunded Obligations are Nonpurpose
Investments .
"Yield of"
( 1) any Investment shall be computed in
accordance with Treas . Reg . §1 . 148-2T, and
(2) the Bonds has the meaning stated in
Treas . Reg . § 1. 148-3T.
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(b) Not to Cause Interest to Become Taxable. The City
shall not use, permit the use of, or omit to use Gross Proceeds
or any other amounts (or any • property the acquisition,
construction, or improvement of which is to be financed
directly or indirectly with Gross Proceeds) in a manner which,
if made or omitted, respectively, would cause the interest on
any Bond to become includable in the gross income, as defined
in section 61 of the Code, of the owner thereof for federal
income tax purposes . Without limiting the generality of the
foregoing, unless and until the City shall have received a
written opinion of counsel nationally recognized in the field
of municipal bond law to the effect that failure to comply with
such covenant will not adversely affect the exemption from
federal income tax of the interest on any Bond, the City shall
comply with each of the specific covenants in this Section.
(c) No Private Use or Private Payments . Except as
permitted by section 141 of the Code and the regulations and
rulings thereunder, the City shall, at all times prior to the
last Stated Maturity of Bonds,
(1) exclusively own, operate, and possess all
property the acquisition, construction, or
improvement of which is to be financed directly or
indirectly with Gross Proceeds of the Bonds and not
use or permit the use of such Gross Proceeds or any
property acquired, constructed, or improved with such
Gross Proceeds (including all contractual
arrangements with terms different than those
applicable to the general public) in any activity
carried on by any person or entity other than a state
or local government , unless such use is solely as a
member of the general public, or
(2) not directly or indirectly impose or accept
any charge or other payment for use of Gross Proceeds
of the Bonds or any property the acquisition,
construction, or improvement of which is to be
financed directly or indirectly with such Gross
Proceeds ( including property financed with Gross
Proceeds of the Refunded Obligations) , other than
taxes of general application within the City or
interest earned on investments acquired with such
Gross Proceeds pending application for their intended
purposes .
(d) No Private Loan. Except to the extent permitted by
section 141 of the Code and the regulations and rulings
thereunder, the City shall not use Gross Proceeds of the Bonds
to make or finance loans to any person or entity other than a
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state or local government . For purposes of the foregoing
covenant, such Gross Proceeds are considered to be " loaned" to a
person or entity if ( 1) property acquired, constructed, or
improved with such Gross Proceeds is sold or leased to such
person or entity in a transaction which creates a debt for
federal income tax purposes, (2) capacity in or service from
such property is committed to such person or entity under a
take-or-pay, output , or similar contract or arrangement, or (3)
indirect benefits, or burdens and benefits of ownership, of such
Gross Proceeds or any property acquired, constructed, or
improved with such Gross Proceeds are otherwise transferred in a
transaction which is the economic equivalent of a loan.
(e) Not to Invest at Higher Yield. Except to the extent
permitted by section 148 of the Code and the regulations and
rulings thereunder, the City shall not, at any time prior to the
final Stated Maturity of the Bonds, directly or indirectly
invest Gross Proceeds of the Bonds in any Investment (or use
such Gross Proceeds to replace money so invested) , if as a
result of such investment the Yield of all Investments allocated
to such Gross Proceeds whether then held or previously disposed
of, exceeds the Yield of the Bonds .
(f) Not Federally Guaranteed. Except to the extent
permitted by section 149(b) of the Code and the regulations and
rulings thereunder, the City shall not take or omit to take any
action which would cause the Bonds to be federally guaranteed
within the meaning of Section 149 (b) of the Code and the _
regulations and rulings thereunder.
(g) Information Report . The City shall timely file with
the Secretary of the Treasury the information required by
section 149 (e) of the Code with respect to the Bonds on such
form and in such place as such Secretary may prescribe.
(h) No Rebate Required. The City warrants and represents
that it satisfies the requirements of paragraphs (2) and (3) of
section 148(f) of the Code with respect to the Bonds without
making the payments to the United States described in such
section. Specifically, the City warrants and represents that
(1) the City is a governmental unit with general
taxing powers ;
(2) at least 95% of the Gross Proceeds of the Bonds
will be used for the local governmental activities of the
City;
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/6, --7.5
(3) the aggregate face amount of all tax-exempt
obligations issued or expected to be issued by the City
(and all subordinate entities thereof) in the calendar year
in which the Bonds are issued is not reasonably expected to
exceed $5,000, 000;
(4) the average maturity date of the Bonds is not
later than the average maturity date of the Refunded
Obligations, both as calculated in accordance with section
147(b) (2) (A) of the Code;
(5) no Bond has a maturity date which is later than
30 years from the date of issuance of the Refunded
Obligations;
(6) no Refunded Obligation was an industrial.
development bond, as defined in section 103(b) (2) of the
Internal Revenue Code of 1954 (the "1954 Code") as amended
to October 22, 1986 (but without regard to subparagraph (B)
of section 103(b) (3) ) or a private loan bond, as defined in
section 103(o) (2) (A) of the 1954 Code (but without regard
to any exception from such definition other than section
103 (o) (2) (C) ; and
(7) the aggregate amount of all tax' exempt
obligations issued by the City (and all subordinate
entities thereof) in the calendar year in which the
Refunded Obligations were issued did not exceed $5,000, 000 .
(i) Qualified Advance Refunding. The Bonds are being
issued exclusively to refund the Refunded Obligations, and the
Bonds will be issued more than 90 days before the redemption of
the Refunded Obligations . The City represents that :
(1) None of the Refunded Obligations are "private
activity bonds , " within the meaning of section 141 of the
Code. Specifically, the covenants set forth in
subsection (c) and (d) of this Section are true, correct,
and complete with respect to the Refunded Obligations,
their proceeds, and the facilities financed therewith.
(2) The Bonds are the first advance refunding
(within the meaning of section 149 (d) (5) of the Code) of
the Refunded Obligations .
(3) The Refunded Obligations are being called for
redemption, and will be redeemed, not later than the
earliest date on which each such issue may be redeemed at
par or at a premium of 3 percent or less .
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(4) The initial temporary period under section
148(c) of the Code will end (i) with respect to the
proceeds of the Bonds not later than 30 days after the
date of issue of such Bonds and ( ii) with respect to
proceeds of the Refunded Obligations on the date of
issuance of the Bonds if not ended prior thereto .
(5) Section 148(e) of the Code did not apply to the
Refunded Obligations . On and after the date of issue of
the Bonds no proceeds of the Refunded Obligations will be
invested in Nonpurpose Investments having a Yield in
excess of the Yield on the Refunded Obligations to which
any of such proceeds relate.
(6) The City will not realize present value debt
service savings in connection with the issuance of the
Bonds . In the issuance of the Bonds the City has employed
no "device" to obtain a material financial advantage
(based on arbitrage) , within the meaning of section
149 (d) (4) of the Code.
SECTION 14 : Qualified Tax Exempt Obligations . That in
accordance with the provisions of paragraph (3) of subsection
(b) of Section 265 of the Code, the City hereby designates the
Bonds to be "qualified tax exempt obligations" in that the
Bonds are not "private activity bonds" as defined in the Code
and the reasonably anticipated amount of "qualified tax exempt
obligations" to be issued by the City (including all
subordinate entities of the City) for the calendar year in
which the Bonds are issued will not exceed $10, 000, 000 .
SECTION 15 : Sale of Bonds - Official Statement Approval .
The Bonds authorized by this Ordinance are hereby sold by the
City to and
others (herein referred to collectively as the "Purchasers" ) in
accordance with the Purchase Contract, dated March 6, 1990,
attached hereto as Exhibit A and incorporated herein by
reference as a part of this Ordinance for all purposes . The
Mayor is hereby authorized and directed to execute said
Purchase Contract for and on behalf of the City and as the act
and deed of this Council , and the City Secretary is authorized
to attest said Purchase Contract , in regard to the approval and
execution of the Purchase Contract, the Council hereby finds,
determines and declares that the representations , warranties
and agreements of the City contained therein are true and
correct in all material respects and shall be honored and
performed by the City.
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/
Furthermore, the use of the Official Statement in
connection with the public offering and sale of the Bonds is
hereby ratified, confirmed and approved in all respects . The
final Official Statement reflecting the terms of sale, attached
as Exhibit A to the Purchase Contract (together with such
changes approved by the Mayor, City Manager, City Secretary or
Director of Finance, any one or more of said officials) , shall
be and is hereby in all respects approved and the Purchasers
are hereby authorized to use and distribute said final Official
Statement, dated March 6 , 1990, in the reoffering, sale and
delivery of the Bonds to the public. The Mayor and City
Secretary are further authorized and directed to manually
execute and deliver for and on behalf of the City copies of
said Official Statement in final form as may be required by the
Purchasers, and such Official Statement in the final form and
content manually executed by said officials shall be deemed to
be approved by the City Council and constitute the Official
Statement authorized for distribution and use by the Purchasers .
SECTION 16 : Special Escrow Agreement Approval and
Execution. The "Special Escrow Agreement" (the "Agreement" ) by
and between the City and First City, Texas-Austin, N.A. ,
Austin, Texas, Texas (the "Escrow Agent") , attached hereto as
Exhibit B and incorporated herein by reference as a part of
this Ordinance for all purposes, is hereby approved as : to form
and content, and such Agreement in substantially the form and
substance attached hereto, together with such changes or
revisions as may be necessary to accomplish the refunding or
benefit the City, is hereby authorized to be executed by the
Mayor and City Secretary for and on behalf of the City and as
the act and deed of the City Council; and such Agreement as
executed by said officials shall be deemed approved by the City
Council and constitute the Agreement herein approved.
Furthermore, the City Manager and Director of Finance,
either or both of said officials, in cooperation with the
Escrow Agent are hereby authorized and directed to make the
necessary arrangements for the purchase of the Federal
Securities referenced in the Agreement and the delivery thereof
to the Escrow Agent on the day of delivery of the Bonds to the
Purchasers for deposit to the credit of the "SPECIAL CITY OF
SOUTHLAKE, TEXAS, REFUNDING BOND ESCROW FUND" (the "Escrow
Fund") , including the execution of the subscription forms for
the purchase and issuance of the "United States Treasury
Securities - State and Local Government Series" ; all as
contemplated and provided in Article 717k, V.A.T.C. S. , as
amended, this Ordinance and the Agreement .
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• SECTION 17: Control and Custody of Bonds . The Mayor of
the City shall be and is hereby authorized to take and have
charge of all necessary orders and records pending
investigation by the Attorney General of the State of Texas,
including the printing and supply of definitive Bonds, and
shall take and have charge and control of the Initial Bond(s)
pending the approval thereof by the Attorney General, the
registration thereof by the Comptroller of Public Accounts and
the delivery thereof to the Purchasers .
Furthermore, the Mayor, City Secretary, City Manager, and
Director of Finance, any one or more of said officials, are
hereby authorized and directed to furnish and execute such
documents and certifications relating to the City and the
issuance of the Bonds , including certifications as to facts,
estimates, circumstances and reasonable expectations pertaining
to the use, expenditure and investment of the proceeds of the
Bonds, as may be necessary for the approval of the Attorney
General, the registration by the Comptroller of Public Accounts
and the delivery of the Bonds to the Purchasers, and, together
with the City' s financial advisor, bond counsel and the Paying
Agent/Registrar, make the necessary arrangements for the
delivery of the Initial Bonds to the Purchasers and the initial
exchange thereof for definitive Bonds .
SECTION 18 : Proceeds of Sale. Immediately following
the delivery of the Bonds, the proceeds of sale ( less certain
costs of issuance and the accrued interest received from the
Purchaser of the Bonds) shall be deposited with the Escrow
Agent for application and disbursement in accordance with the
provisions of the Agreement and in accordance with written
instructions to the Escrow Agent from the City Manager .
SECTION 19 : Notices to Holders - Waiver. Wherever this
Ordinance provides for notice to Holders of any event, such
notice shall be sufficiently given (unless otherwise herein
expressly provided) if in writing and sent by United States
Mail, first class postage prepaid, to the address of each
Holder appearing in the Security Register at the close of
business on the business day next preceding the mailing of such
notice .
In any case where notice to Holders is given by mail,
neither the failure to mail such notice to any particular
Holders , nor any defect in any notice so mailed, shall affect
the sufficiency of such notice with respect to all other
Bonds . Where this Ordinance provides for notice in any manner,
such notice may be waived in writing by the Holder entitled
to receive such notice, either before or after the event with
respect to which such notice is given, and such waiver shall be
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the equivalent of such notice. Waivers of notice by Holders
shall be filed with the Paying Agent/Registrar, but such filing
shall not be a condition precedent to the validity of any
action taken in reliance upon such waiver .
While the payment of the principal of and interest on the
Bonds is insured by MBIA, any notice to the Holders pursuant to
the provisions of this Ordinance shall also be sent to MBIA,
first class mail, postage prepaid, and, unless notified in
writing by MBIA of a change in address , addressed as follows :
Municipal Bond Investors Assurance Corporation
113 King Street
Armonk, New York 10504
SECTION 20 : Cancellation. All Bonds surrendered for
payment, redemption, transfer, exchange, or replacement, if
surrendered to the Paying Agent/Registrar, shall be promptly
cancelled by it and, if surrendered to the City, shall be
delivered to the Paying Agent/Registrar and, if not already
cancelled, shall be promptly cancelled by the Paying Agent/
Registrar. The City may at any time deliver to the Paying
Agent/Registrar for cancellation any Bonds previously certified
or registered and delivered which the City may have acquired in
any manner whatsoever, and all Bonds so delivered shall be
promptly cancelled by the Paying Agent/Registrar. All
cancelled Bonds held by the Paying Agent/Registrar shall be
returned to the City.
SECTION 21 : Printed Opinion. The Purchasers '
obligation to accept delivery of the Bonds is subject to being
furnished a final opinion of Fulbright & Jaworksi , Dallas,
Texas, approving the Bonds as to their validity, said opinion
to be dated and delivered as of the date of delivery and
payment for the Bonds . Printing of a true and correct
reproduction of said opinion on the reverse side of each of the
definitive Bonds is hereby approved and authorized.
SECTION 22 : CUSIP Numbers . CUSIP numbers may be
printed or typed on the definitive Bonds . It is expressly
provided, however, that the presence or absence of CUSIP
numbers on the definitive Bonds shall be of no significance or
effect as regards the legality thereof and neither the City nor
attorneys approving the Bonds as to legality are to be held
responsible for CUSIP numbers incorrectly printed or typed on
the definitive Bonds .
SECTION 23 : Benefits of Ordinance. Nothing in this
Ordinance, expressed or implied, is intended or shall be
construed to confer upon any person other than the City, the
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Paying Agent/Registrar and the Holders, any right, remedy, or
claim, legal or equitable, under or by reason of this Ordinance
or any provision hereof, this Ordinance and all its provisions
being intended to be and being for the sole and exclusive
benefit of the City, the Paying Agent/Registrar and the Holders .
SECTION 24 : Inconsistent Provisions . All ordinances,
orders or resolutions, or parts thereof, which are in conflict
or inconsistent with any provision of this Ordinance are hereby
repealed to the extent of such conflict, and the provisions of
this Ordinance shall be and remain controlling as to the
matters contained herein.
SECTION 25 : Governing Law. This Ordinance shall be
construed and enforced in accordance with the laws of the State
of Texas and the United States of America .
SECTION 26 : Effect of Headings . The Section headings
herein are for convenience only and shall not affect the
construction hereof .
SECTION 27: Construction of Terms . If appropriate in
the context of this Ordinance, words of the singular number
shall be considered to include the plural , words of the plural
number shall be considered to include the singular, and words
of the masculine, feminine or neuter gender shall be considered
to include the other genders .
SECTION 28 : Severability. If any provision of this
Ordinance or the 'application thereof to any circumstance shall
be held to be invalid, the remainder of this Ordinance and the
application thereof to other circumstances shall nevertheless
be valid, and the City Council hereby declares that this
Ordinance would have been enacted without such invalid
provision.
SECTION 29 : Incorporation of Findings and Determinations .
The findings and determinations of the City Council contained
in the preamble hereof are hereby incorporated by reference and
made a part of this Ordinance for all purposes as if the same
were restated in full in this Section.
SECTION 30 : Public Meeting . It is officially found,
determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice
of the time, place, and subject matter of the public business
to be considered at such meeting, including this Ordinance, was
given, all as required by Article 6252-17, Vernon' s Texas Civil
Statutes , as amended.
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SECTION 31: Emergency. The public importance of this
measure and the fact that the Bonds must be delivered to the
Purchasers on or about April 10 , 1990 to accomplish the _
refunding constitute an emergency affecting life, health,
property or the public peace and creates an emergency requiring
the suspension of the rule providing for ordinances to be read
on two separate days; and such rule relating to the passage of
ordinances and the Charter provision relating to the effective
date of ordinances are hereby suspended and this Ordinance is
hereby passed as an emergency measure by a 4/5 ' s affirmative
vote of the City Council and shall be effective immediately
upon its passage and adoption as provided by the Charter of the
City.
PASSED AND ADOPTED, this March 6, 1990.
CITY OF SOUTHLAKE, TEXAS
Mayor
ATTEST:
City Secretary
(City Seal)
5 4 2 4 C
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EXHIBIT B •
SPECIAL ESCROW AGREEMENT
THE STATE OF TEXAS §
§
COUNTY OF TRAVIS §
THIS SPECIAL ESCROW AGREEMENT (the "Agreement") , made and
entered into as of April 10, 1990, by and between the City of
Southlake, Texas, a duly incorporated municipal corporation in
Tarrant County, Texas (the "City" ) acting by and through the
Mayor and City Secretary, and the First City, Texas-Austin,
N.A. , Austin, Texas (the "Bank" ) , a banking association
organized and existing under the laws of the United States of
America,
, W I T N E S S E T H :
WHEREAS, the City has duly issued certain obligations now
outstanding in the aggregate amount $2, 605, 000 (hereinafter
collectively referred to as the "Refunded Obligations") and
more particularly described as follows :
(1) City of Southlake, Texas, General
Obligation Bonds, Series 1982, dated
February 1, 1982, maturing February 1 in
each of the years 1995 through 1997, and
now outstanding in the principal amount of $ 210,000
(2) City of Southlake, Texas, General
Obligation Bonds, Series 1984, dated May 1,
1984, maturing August 1 in each of the
years 1997 through 2001, and now
outstanding in the principal amount of 275,000
(3) City of Southlake, Texas, Combination Tax
and Revenue Certificates of Obligation,
Series 1985, dated April 1, 1985, maturing
April 1 in each of the years 1991 through
2001, and now outstanding in the principal
amount of 2,120,000
AND WHEREAS, in accordance with the provisions of Article
717k, V.A.T.C. S. , as amended (the "Act" ) , the City is
authorized to sell refunding bonds in an amount sufficient to
provide for the payment of obligations to be refunded, deposit
the proceeds of such refunding bonds with any place of payment
for the obligations being refunded and enter into an escrow or
/G l%
similar agreement with such place of payment for the
safekeeping, investment, reinvestment, administration and
disposition of such deposit , upon such terms and conditions as
the parties may agree, provided such deposits may be invested
only in direct obligations of the United States of America,
including obligations the principal of and interest on are
unconditionally guaranteed by the United States of America, and
which may be in book entry form and which shall mature and/or
bear interest payable at such times and in such amounts as will
be sufficient to provide for the scheduled payment of such
obligations; and
WHEREAS, the Refunded Obligations are scheduled to mature,
or be redeemed, and interest thereon is payable on the dates
and in the manner set forth in Exhibit A attached hereto and
incorporated herein by reference as a part of this Agreement
for all purposes; and
WHEREAS, the City on the 6th day of March, 1990, pursuant
to an ordinance (the "Bond Ordinance") passed and adopted by
the City Council, authorized the issuance of bonds known as
"City of Southlake, Texas, General Obligation Refunding Bonds,
Series 1990" (the "Bonds") , and such Bonds are being issued to
refund, discharge and make final payment of the principal of
and interest on the Refunded Obligations ; and
WHEREAS, upon the delivery of the Bonds, the proceeds of
sale are to be used in part to purchase United States Treasury
Securities -State and Local Government Series (hereinafter
called "SLGS" or "Federal Securities" ) , and such SLGS shall be
immediately credited to and deposited into the "Escrow Fund" to
be held by the Bank in accordance with this Agreement; and
WHEREAS, a list and description of the SLGS to be
purchased and held for the account of the Escrow Fund is
attached hereto as Exhibit B, which Exhibit B is hereby
incorporated by reference and made a part of this Agreement for
all purposes; and
WHEREAS, the Federal Securities , together with the
beginning cash balance, if any, in the Escrow Fund, shall
mature and the interest thereon shall be payable at such times
to insure the existence of monies sufficient to pay the
principal amount of the Refunded Obligations and the accrued
interest thereon, as the same shall become due in accordance
with the terms of the ordinance authorizing the issuance of the
Refunded Obligations and as set forth in Exhibit A attached
hereto; and
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WHEREAS, the City has completed all arrangements for the
purchase of the Federal Securities and the deposit and credit
of the same to the Escrow Fund as provided herein; and
WHEREAS, the Bank is a banking association organized and
existing under the laws of the United States of America,
possessing trust powers and is fully qualified and empowered to
enter into this Agreement; and
WHEREAS, in Section 16 of the Bond Ordinance, the City
Council duly approved and authorized the execution of this
Agreement; and
WHEREAS, the City and the Escrow Agent, as the case may
be, shall take all action necessary to call, pay, redeem and
retire ' said Refunded Obligations in accordance with the
provisions thereof , including, without limitation, all actions
required by the ordinances authorizing the Refunded
Obligations , the Act, the Bond Ordinance and this Agreement;
NOW, THEREFORE, in consideration of the mutal agreements
herein contained, and to secure the payment of the principal of
and the interest on the Refunded Obligations as the same shall
become due, ' the City and the Bank hereby mutually undertake,
promise and agree as follows :
SECTION 1: Receipt of Refunded Bond Ordinances .
Receipt of true and correct copies of the ordinances
authorizing the issuance of the Refunded Obligations and the
Bond Ordinance are hereby acknowledged by the Bank. Reference
herein to or citation herein of any provision of said documents
shall be deemed an incorporation of such provision as a part
hereof in the same manner and with the same effect as if it
were fully set forth herein.
SECTION 2 : Escrow Fund Creation/Funding . There is hereby
created by the City with the Bank a special segregated and
irrevocable trust fund designated "SPECIAL CITY OF SOUTHLAKE,
TEXAS, REFUNDING BOND ESCROW FUND" (hereinafter called the
"Escrow Fund" ) for the benefit of the holders of the Refunded
Obligations , and, immediately following the delivery of the
Bonds, the City agrees and covenants to cause to be deposited
with the Bank the following :
$ for the purchase of the SLGS listed
in Exhibit B to be held for the
account of the Escrow Fund;
$ for deposit in the Escrow Fund as a
beginning cash balance; and
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The Bank hereby accepts the Escrow Fund and further agrees
to receive said moneys , apply the same as set forth herein, and
to hold the cash and Federal Securities deposited and credited
to the Escrow Fund for application and disbursement for the
purposes and in the manner provided in this Agreement.
SECTION 3 : Escrow Fund Sufficiency Warranty. The City
hereby represents that the cash and Federal Securities,
together with the interest to be earned thereon, deposited to
the credit of the Escrow Fund will be sufficient to pay the
principal of and premium and interest on the Refunded
Obligations as the same shall become due and payable, and such
Refunded Obligations, and the interest thereon, are to mature
or be redeemed and shall be paid at the times and in the
amounts set forth and identified in Exhibit A attached hereto.
FURTHERMORE, in regard to the redemption of certain
Refunded Obligations, the Bank acknowledges receipt of (1) a
notice of redemption with respect to the Series 1982 Refunded
Obligations and (2) a copy of the resolution by the City
Council of the City providing for the redemption of the Series
1984 and Series 1985 Refunded Obligations as follows:
(1) the redemption on February 1, 1994 of
$210, 000 of the Series 1982 Refunded Obligations. at
the redemption price of par plus accrued interest and
being those bonds scheduled to mature on February 1
in each of the years 1995 through 1997;
(2) the redemption on August 1, 1996 of
$275, 000 of the Series 1984 Refunded Obligations at
the redemption price of par plus accrued interest and
being those bonds scheduled to mature on August 1 in
each of the years 1997 through 2001; and
(3) the redemption on April 1, 1997 of
$1,225 , 000 of the Series 1985 Refunded Obligations at
the redemption price of par plus accrued interest and
scheduled to mature on April 1 in each of the years
1998 through- 2001;
all in accordance with the provisions of the respective notice
requirements applicable to said Refunded Obligations and the
notice requirements contained in the respective ordinances
authorizing the Refunded Obligations .
The Bank agrees that on the redemption for the Series 1982
Refunded Obligations, or as such obligations are presented for
payment, a notice of redemption will be given by United States
Mail, a notice of redemption will be given by United States
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Mail, first class , postage prepaid, to the then known owners or
holders at the City' s expense. With respect to the Series 1984
and Series 1985 Refunded Obligations , the Bank agrees to cause
a notice of redemption pertaining thereto to be sent to the
registered owners thereof appearing on the registration books
at least thirty (30) days prior to the respective redemption
dates therefor.
SECTION 4 : Pledge of Escrow. The Bank agrees that all
cash and Federal Securities, together with any income or
interest earned thereon, held in the Escrow Fund shall be and
is hereby irrevocably pledged to the payment of the principal
of and interest on the Refunded Obligations which will mature
and become due on and after the date of this Agreement, and
such funds initially deposited and to be received from maturing
principal and interest on the Federal Securities in the Escrow
Fund shall be applied solely in accordance with the provisions
of this Agreement.
SECTION 5 : Escrow Insufficiency - City Warranty to Cure.
If, for any reason, the funds on hand in the Escrow Fund shall
be insufficient to make the payments set forth in Exhibit A
attached hereto, as the same becomes due and payable, the City
shall make timely deposits to the Escrow Fund, from lawfully
available funds, of additional funds in the amounts required to
make such payments . Notice of any such insufficiency shall be
immediately given by the Bank to the City by the fastest means
possible, but the Bank shall in no manner be responsible for
the City' s failure to make such deposits .
SECTION 6 : Escrow Fund Securities/Segregation. The Bank
shall hold said Federal Securities and moneys in the Escrow
Fund at all times as a special and separate trust fund for the
benefit of the holders of the Refunded Obligations , wholly
segregated from other moneys and securities on deposit with the
Bank; shall never commingle said Federal Securities and moneys
with other moneys or securities of the Bank; and shall hold and
dispose of the assets therein only as set forth herein.
Nothing herein contained shall be construed as requiring the
Bank to keep the identical moneys , or any part thereof, in said
Escrow Fund, if it is impractical , but moneys of an equal
amount, except to the extent such are represented by the
Federal Securities , shall always be maintained on deposit in
the Escrow Fund by the Bank, as trustee; and a special , account
evidencing such facts shall at all times be maintained on the
books of the Bank.
SECTION 7 : Escrow Fund Collections/Payments . The Bank
shall from time to time collect and receive the principal of
and interest on the Federal Securities as they respectively
mature and become due and credit the same to the Escrow Fund.
On or before each principal and/or interest payment date or
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redemption date, as the case may be, for the Refunded
Obligations shown in Exhibit A attached hereto, the Bank,
without further direction from anyone, including the City,
shall cause to be withdrawn from the Escrow Fund the amount
required to pay the accrued interest on the Refunded
Obligations due and payable on said payment date and the
principal of the Refunded Obligations due and payable on said
payment date or redemption date, as the case may be, and the
amount withdrawn from the Escrow Fund shall be immediately
transmitted and deposited with the paying agent for the
Refunded Obligations to be paid with such amount. The paying
agent for the Series 1984 and Series 1985 Refunded Obligations
is the Bank and the paying agent for the Series 1982 Refunded
Obligations is the First National Bank of Grapevine, Grapevine,
Texas .
If any Refunded Obligation or interest coupon thereon
shall not be presented for payment when the principal thereof
or interest thereon shall have become due, and if cash shall at
such times be held by the Bank in trust for that purpose
sufficient and available to pay the principal of such Refunded
Obligation and interest thereon it shall be the duty of the
Bank to hold said cash without liability to the holder of such
Refunded Obligation for interest thereon after such maturity or
redemption date, in trust for the benefit of the holder. of such
Refunded Obligation, who shall thereafter be restricted
exclusively to said cash for any claim of whatever nature on
his part on or with respect to said Refunded . Obligation,
including for any claim for the payment thereof and interest -
thereon. All cash required by the provisions hereof to be set
aside or held in trust for the payment of the Refunded
Obligations , including interest thereon, shall be applied to
and used solely for the payment of the Refunded Obligations and
interest thereon with respect to which such cash has been so
set aside in trust .
Subject to the provisions of the last sentence of
Section 25 hereof, cash held by the Bank in trust for the
payment and discharge of any of the Refunded Obligations and
interest thereon which remains unclaimed for a period of
four (4) years after the stated maturity date or redemption
date of such Refunded Obligations shall be returned to the
City. Notwithstanding the above and foregoing, any remittance
of funds from the Bank to the City shall be subject to any
applicable unclaimed property laws of the State of Texas .
SECTION 8 : Disposal of Refunded Obligations . All
Refunded Obligations cancelled on account of payment by the
Bank shall be disposed of or otherwise destroyed by the Bank,
and an appropriate certificate of destruction furnished the
City.
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SECTION 9 : Escrow Fund Encumbrance. The escrow created
hereby shall be irrevocable and the holders of the Refunded
Obligations shall have an express lien on all moneys and
Federal Securities in the Escrow Fund until paid out, used and
applied in accordance with this Agreement .
Unless disbursed in payment of the Refunded Obligations ,
all funds and the Federal Securities received by the Bank for
the account of the City hereunder shall be and remain the
property of the Escrow Fund and the City and the owners of the
Refunded Obligations shall be entitled to a preferred claim and
shall have a first lien upon such funds and Federal Securities
enjoyed by a trust beneficiary. The funds and Federal
Securities received by the Bank under this Agreement shall not
be considered as a banking deposit by the City and the Bank and
the City shall have no right or title with respect thereto,
except as otherwise provided herein. Such funds and Federal
Securities shall not be subject to checks or drafts drawn by
the City.
SECTION 10 : Absence of Bank Claim/Lien on Escrow Fund. The
Bank shall have no lien whatsoever upon any of the moneys or
Federal Securities in the Escrow Fund for payment of services
rendered hereunder, services rendered as paying agent/registrar
for the Refunded Obligations, or for any costs or expesnes
incurred hereunder and reimbursable from the City.
SECTION 11 : Substitution of Investments . The Bank shall
be authorized to accept initially and temporarily cash and/or
substituted securities pending the delivery of the Federal
Securities identified in the Exhibit B attached hereto, or
shall be authorized to redeem the Federal Securities and
reinvest the proceeds thereof, together with other moneys held
in the Escrow Fund provided such early redemption is necessary
to correct a cash flow deficiency with respect to the payment
of the Refunded Obligations in accordance with Exhibit A or to
maintain, if possible, the tax exempt status of the interest
(i) on the Bonds pursuant to Section 103 of the Internal
Revenue Code of 1986 , as amended (the "Code" ) , or regulations
thereunder or (ii) on the Refunded Obligations pursuant to
Section 103 (a) of the Internal Revenue Code of 1954 , as
amended; provided further that the Bank receives the following :
(1) an opinion by an independent certified
public accountant to the effect that (i) the initial
and/or temporary substitution of cash and/or
securities for one or more of the Federal Securities
identified in Exhibit B pending the receipt and
delivery thereof to the Escrow Agent or ( ii) the
redemption of one or more of the Federal Securities
and the reinvestment of such funds in one or more
substituted securities (which shall be noncallable
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direct obligations of the United States of America) ,
together with the interest thereon and other
available moneys then held in the Escrow Fund, will,
in either case, be sufficient to pay, as the same
become due in accordance with Exhibit A, the
principal of, and interest on, the Refunded
Obligations which have not previously been paid, and
(2) with respect to an early redemption of
Federal Securities and the reinvestment of the
proceeds thereof, an unqualified opinion of
nationally recognized municipal bond counsel to the
effect that (a) such investment will not cause
interest on the Bonds or Refunded Obligations to be
included in the gross income for federal income tax
purposes, under the Code and related regulations as
in effect on the date of such investment, or
otherwise make the interest on the Bonds or the
Refunded Obligations subject to Federal income
taxation and (b) such reinvestment complies with the
Constitution and laws of the State of Texas and with
all relevant documents relating to the issuance of
the Refunded Obligations and the Bonds .
SECTION 12 : Restriction Re: Escrow Fund Investments .
Except as provided in Section 11 hereof, moneys in the Escrow
Fund will be invested only in the Federal Securities listed in
Exhibit B and neither the City nor the Bank shall reinvest any
moneys deposited in the Escrow Fund except as specifically
provided by this Agreement .
SECTION 13 : Excess Funds . If at any time through
redemption or cancellation of the Refunded Obligations there
exists or will exist excesses of interest on or maturing
principal of the Federal Securities in excess of the amounts
necessary hereunder for the Refunded Obligations, the Bank may
transfer such excess amounts to or on the order of the City,
provided that the City delivers to the Bank the following :
( 1) an opinion by an independent certified
public accountant that after the transfer of such
excess, the principal amount of securities in the
Escrow Fund, together with the interest thereon and
other available monies then held in the Escrow Fund,
will be sufficient to pay, as the same become due, in
accordance with Exhibit A, the principal of, and
interest on, the Refunded Obligations which have not
previously been paid, and
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(2) an unqualified opinion of nationally
recognized municipal bond counsel to the effect that
(a) such transfer will not cause interest on the
Bonds or the Refunded Obligations to be included in
gross income for federal income tax purposes, under
the Code and related regulations as in effect on the
date of such transfer, or otherwise make the interest
on the Bonds or the Refunded Obligations subject to
Federal income taxation, and (b) such transfer
complies with the Constitution and laws of the State
of Texas and with all relevant documents relating to
the issuance of the Refunded Obligations or the Bonds .
SECTION 14 : Collateralization. The Bank shall
continuously secure the monies in the Escrow Fund not invested
in Federal Securities by a pledge of direct obligations of the
United States of America, in the par or face amount at least
equal to the principal amount of said uninvested monies to the
extent such money is not insured by the Federal Deposit
Insurance Corporation.
SECTION 15 : Absence of Bank' s Liability Re: Investments .
The Bank shall not be liable or responsible for any loss
resulting from any investment made in the Federal Securities or
substitute securities as provided in Section 11 hereof .
SECTION 16 : Bank' s Compensation - Escrow Administration/
Settlement of Paying Agent ' s Charges . The City agrees to pay
the Bank for the performance of services hereunder and as
reimbursement for anticipated expenses to be incurred hereunder
the amount of $ and, except for reimbursement of costs
and expenses incurred by the Bank pursuant to Sections 3, 10,
and 19 hereof , the Bank hereby agrees said amount is full and
complete payment for the administration of this Agreement .
The City also agrees to deposit with the Bank on the
effective date of this Agreement, the sum of $ which
deposit represents the total charges due for the paying agents
for the Refunded Obligations, and the Bank acknowledges and
agrees that $ of the above amount is and represents
the total amount of compensation due the Bank for services
rendered as paying agent for the Refunded Obligations , and the
City hereby represents and warrants that the balance of the
foregoing sum is the total amount due the other paying agent
for the Refunded Obligations . The Bank hereby agrees to pay,
assume and be fully responsible for any additional charges that
it may incur in the performance of its duties - and -
responsibilities as paying agent for the Refunded Obligations .
The City acknowledges and agrees that the above amount
deposited with the Escrow Agent to cover paying agents ' charges
and expenses does not include amounts which shall become due
-9- / ',2 3
and payable for services rendered as registrar and transfer
agent for fully registered Refunded Obligations, and the City
agrees to pay directly to each "registrar" for the Refunded
Obligations all reasonable costs , expenses and charges incurred
in connection with the maintenance of the registration books
and records and the transfer of such fully registered
obligations as and when such costs, expenses and charges are
incurred and against written invoices, statements or bills
submitted therefor .
SECTION 17 : Escrow Agent ' s Duties / Responsibilities/
Liability. The Bank shall not be responsible for any recital
herein, except with respect to its organization and its powers
and authority. As to the existence or nonexistence of any fact
relating to the City or as to the sufficiency or validity of
any instrument, paper or proceedings relating to the City, the
Bank shall be entitled to rely upon a certificate signed on
behalf of the City by its City Manager or Mayor and/or City
Secretary of the City as sufficient evidence of the facts
therein contained. The Bank may accept a certificate of the
City Secretary under the City' s seal, to the effect that a
resolution or other instrument in the form therein set forth
has been adopted by the City Commission of the City, as
conclusive evidence that such resolution or other instrument
has been duly adopted and is in full force and effect .
The duties and obligations of the Bank shall be determined
solely by the express provisions of this Agreement and the Bank.
shall not be liable except for the performance of such duties
and obligations as are specifically set forth in this
Agreement, and no implied covenants or obligations shall be
read into this Agreement against the Bank.
In the absence of bad faith on the part of the Bank, the
Bank may conclusively rely, as to the truth of the statements
and the correctness of the opinions expressed therein, upon any
certificate or opinion furnished to the Bank, conforming to the
requirements of this Agreement; but notwithstanding any
provision of this Agreement to the contrary, in the case of any
such certificate or opinion or any evidence which by any
provision hereof is specifically required to be furnished to
the Bank, the Bank shall be under a duty to examine the same to
determine whether it conforms to the requirements of this
Agreement .
The Bank shall not be liable for any error of judgment
made in good faith by a Responsible Officer or Officers of the
Bank unless it shall be proved that the Bank was negligent in
ascertaining or acting upon the pertinent facts .
The Bank shall not be liable with respect to any action
taken or omitted to be taken by it in good faith in accordance
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with the direction of the holders of not less than a majority
in aggregate principal amount of all said Refunded Obligations
at the time outstanding relating to the time, method and place
of conducting any proceeding for any remedy available to the
Bank not in conflict with the intent and purpose of this
Agreement . For the purposes of determining whether the holders
of the required principal amount of said Refunded Obligations
have concurred in any such direction, Refunded Obligations
owned by any obligor upon the Refunded Obligations, or by any
person directly or indirectly controlling or controlled by or
under direct or indirect common control with such obligor, -
shall be disregarded, except that for the purposes of
determining whether the Bank shall be protected in relying on
any such direction only Refunded Obligations which the Bank
knows are so owned shall be so disregarded.
The term "Responsible Officers" of the Bank, as used in
this Agreement, shall mean and include the Chairman of the
Board of Directors, the President, any Vice President and any
Second Vice President, the Secretary and any Assistant
Secretary, the Treasurer and any Assistant Treasurer, and every
other officer and assistant officer of the Bank customarily
performing functions similar to those performed by the persons
who at the time shall be officers, respectively, or to whom any
corporate trust matter is referred, because of his knowledge of
and familiarity with a particular subject; and the term
"Responsible Officer" of the Bank, as used in this Agreement,
shall mean and include any of said officers or persons .
SECTION 18 : Limitation Re: Bank' s Duties/Responsibilities/
Liabilities to Third Parties . The Bank shall not be
responsible or liable to any person in any manner whatever for
the sufficiency, correctness , genuineness , effectiveness, or
validity of this Agreement with respect to the City, or for the
identity or authority of any person making or executing this
Agreement for and on behalf of the City. The Bank is
authorized by the City to rely upon the representations of the
City with respect to this Agreement and the deposits made
pursuant hereto and as to the City' s right and power to execute
and deliver this Agreement, and the Bank shall not be liable in
any manner as a result of such reliance. The duty of the Bank
hereunder shall only be to the City and the holders of the
Refunded Obligations . Neither the City nor the Bank shall
assign or attempt to assign or transfer any interest hereunder
or any portion of any such interest . Any such assignment or
attempted assignment shall be in direct conflict with this
Agreement and be without effect .
•
SECTION 19 : Interpleader . In the event of any
disagreement or controversy hereunder or if conflicting demands
or notices are made upon Bank growing out of or relating to
this Agreement or in the event that the Bank in good faith is
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in doubt as to what action should be taken hereunder, the City
expressly agrees and consents that the Bank shall have the
absolute right at its election to :
(a) Withhold and stop all further proceedings
in, and performance of, this Agreement with respect
to the issue in question and of all instructions
received hereunder in regard to such issue; and
(b) File a suit in interpleader and obtain an
order from a court of appropriate jurisdiction
requiring all persons involved to interplead and
litigate in such court their several claims and
rights among themselves .
In the event the Bank becomes involved in litigation in
connection with this Section, the City to the extent permitted
by law agrees to indemnify and save the Bank harmless from all
loss, cost, damages, expenses and attorney fees suffered or
incurred by the Bank as a result thereof . The obligations of
the Bank under this Agreement shall be performable at the
principal corporate office of the Bank in the City of Austin,
Texas.
The Bank may advise with legal counsel in the event of any
dispute or question as to the construction of any of the
provisions hereof or its duties hereunder, and it shall incur
no liability and shall be fully protected in acting in
accordance with the opinion and instructions of such counsel.
SECTION 20 : Accounting - Annual Report . Promptly after
August 31 of each year, commencing with the year 1990, so long
as the Escrow Fund is maintained under this Agreement, the Bank
shall forward by letter to the City, to the attention of the
City Manager, or other designated official of the City, a
statement in detail of the Federal Securities and monies held,
and the current income and maturities thereof , and the
withdrawals of money from the Escrow Fund for the preceding 12
month period ending August 31st of each year.
SECTION 21 : Notices . Any notice, authorization, request
or demand required or permitted to be given hereunder shall be
in writing and shall be deemed to have been duly given when
mailed by registered or certified mail , postage prepaid
addressed as follows :
CITY OF SOUTHLAKE, TEXAS
667 N. Carroll Avenue
Southlake, Texas 76092
Attention: Director of Finance
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FIRST CITY, TEXAS-AUSTIN, N.A.
P. O. Box 1727
Austin, Texas 78767
Attention: Corporate Trust Department
The United States Post Office registered or certified mail
receipt showing delivery of the aforesaid shall be conclusive
evidence of the date and fact of delivery.
Any party hereto may change the address to which notices
are to be delivered by giving to the other parties not less
than ten (10) days prior notice thereof .
Furthermore, so long as this Agreement is in effect and
while the Bonds remain insured by Municipal Bond Investors
Assurance Corporation ( "MBIA") , any notice, authorization,
request or demand required or permitted to be given hereunder
in writing by the City or the Bank shall be given in duplicate
by the party sending the same to MBIA by first class mail,
postage prepaid, and, unless notified by MBIA in writing of a
change of address, addressed as follows :
Municipal Bond Investors Assurance Corporation
113 King Street
Armonk, New York 10504
SECTION 22 : Performance Date. Whenever under the terms
of this Agreement the performance date of any provision hereof,
including the date of maturity of interest on or principal of
the Refunded Obligations, shall be a Sunday or a legal holiday
or a day on which the Bank is authorized by law to close, then
the performance thereof, including the payment of principal of
and interest on the Refunded Obligations , need not be made on
such date but may be performed or paid, as the case may be, on
the next succeeding business day of the Bank with the same
force and effect as if made on the date of performance or
payment and with respect to a payment, no interest shall accrue
for the period after such date.
SECTION 23 : Warranty of Parties Re: Power to Execute and
Deliver Escrow Agreement . The City covenants that it will
faithfully perform at all times any and all covenants,
undertakings , stipulations and provisions contained in this
Agreement, in any and every said Refunded Obligation as
executed, authenticated and delivered and in all proceedings
pertaining thereto as said Refunded Obligations shall have been
modified as provided in this Agreement . The City covenants
that it is duly authorized under the Constitution and laws of
the State of Texas to execute and deliver this Agreement, that
all actions on its part for the payment of said Refunded
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Obligations as provided herein and the execution and delivery
of this Agreement have been duly and effectively taken and that
said Refunded Obligations and coupons in the hands of the
holders and owners thereof are and will be valid and
enforceable obligations of the City according to the import
thereof as provided in this Agreement .
SECTION 24 : Severability. If any one or more of the
covenants or agreements provided in this Agreement on the part
of the parties to be performed should be determined by a court
of competent jurisdiction to be contrary to law, such covenant
or agreement shall be deemed and construed to be severable from
the remaining covenants and agreements herein contained and
shall in no way affect the validity of the remaining provisions
of this Agreement .
SECTION 25 : Termination. This Agreement shall terminate
when the Refunded Obligations, including interest due thereon,
have been paid and discharged in accordance with the provisions
of this Agreement . If any Refunded Obligations are not
presented for payment when due and payable, the nonpayment
thereof shall not prevent the termination of this Agreement .
Funds for the payment of any nonpresented Refunded Obligations
and accrued interest thereon shall upon termination of this
Agreement be held by the Bank for such purpose in accordance
with Section 7 hereof . Any moneys or Federal Securities held
in the Escrow Fund at termination and not needed for the
payment of the principal of or interest on any of the Refunded
Obligations shall be paid or transferred to the City.
SECTION 26 : Time of the Essence. Time shall be of the
essence in the performance of obligations from time to time
imposed upon the Bank by this Agreement .
SECTION 27 : Escrow Agreement - Amendment/Modification.
This Agreement shall be binding upon the City and the Bank and
their respective successors and legal representatives and shall
inure solely to the benefit of the holders of the Refunded
Obligations , the City, the Bank and their respective successors
and legal representatives . Furthermore, no alteration,
amendment or modification of any provision of this Agreement
shall be effective unless (i) prior written consent of such
alteration, amendment or modification shall have been obtained
from the holders of all Refunded Obligations outstanding at the
time of such alteration, amendment or modification and (ii)
such alteration, amendment or modification is in writing and
signed by the parties hereto; provided, however, the City and
the Bank may, without the consent of the holders of the
Refunded Obligations, amend or modify the terms and provisions
of this Agreement to cure in a manner not adverse to the
holders of the Refunded Obligations any ambiguity, formal
defect or omission in this Agreement .
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SECTION 28 : Effect of Headings . The Section headings
herein are for convenience only and shall not affect the
construction hereof .
SECTION 29 : Executed Counterparts . This Agreement may
be executed in several counterparts, all or any of which shall
be regarded for all purposes as one original and shall
constitute and be but one and the same instrument . This
Agreement shall be governed by the laws of the State of Texas
and shall be effective as of the date of the delivery of the
Bonds .
IN WITNESS WHEREOF, the parties hereto have each caused
this Agreement to be executed by their duly authorized officers
and their corporate seals to be hereunto affixed and attested
as of the date first above written.
CITY OF SOUTHLAKE, TEXAS
Mayor
ATTEST:
City Secretary
(City Seal)
FIRST CITY, TEXAS-AUSTIN, N.A. ,
Austin, Texas
as Escrow Agent
Trust Officer
ATTEST:
Authorized Signer
(Bank Seal)
5 9 2 5 C
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RESOLUTION NO. 90-19
r
A RESOLUTION providing for the redemption of certain
outstanding obligations of the City; and
resolving other matters incident and related
to the redemption of such obligations .
WHEREAS, pursuant to or finances passed and adopted by
the City Council of the City of Southlake, Texas , the following
described obligations were duly authorized to be issued and are
currently outstanding, to wit :
( 1) City of Southlake, Texas, General
Obligation Bonds, Series 1982 , dated February 1,
1982 , aggregating in principal amount $210, 000, and
scheduled to mature on February 1, 1995 through
February 1, 1997;
(2) City of Southlake, Texas, General
Obligation Bonds, Series 1984, dated May 1, 1984,
aggregating in principal amount $275, 000, and
scheduled to mature on August 1, 1997 through
August 1, 2001; and
(3) City of Southlake, Texas, Combination
Tax and Revenue Certificates of Obligation, Series
1985, dated April 1, 1985, aggregating in principal
amount $1,225, 000, and scheduled to mature on
April 1, 1998 through April 1, 2001;
AND WHEREAS, the above identified obligations were
authorized, issued, sold and delivered subject to the right and
authority of the City to redeem the same prior to maturity, as
provided in the respective authorizing ordinances and in said
obligations; and
WHEREAS, in connection with the advance refunding of the
above described obligations, the Council hereby finds and
determines that obligations of the respective series should be
redeemed prior to their maturities on the dates and in the
manner hereinafter provided and in accordance with the
requirements prescribed therefor and notice of redemption of
such obligations should be approved and authorized to be given
at this time by the Council; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS :
SECTION 1: That the bonds of that series known as "City
of Southlake, Texas, General Obligation Bonds, Series 1982" ,
dated February 1, 1982 , being bonds numbered 39 through 80,
r each in the denomination of $5 , 000, and maturing in the years
1995 through 1997, and aggregating in principal amount
$210, 000, shall be redeemed and the same are hereby called for
redemption on February 1, 1994, at the price of par and accrued
interest to the date of redemption. The City Secretary is
hereby authorized and directed to cause a notice of redemption
to be filed with First National Bank of Grapevine, Grapevine,
Texas, the "paying agent" , which notice of redemption shall be
substantially in the form and content of Exhibit A attached
hereto and incorporated herein by reference as a part of this
resolution for all purposes .
SECTION 2 : That the bonds of that series known as "City
of Southlake, Texas , General Obligation Bonds, Series 1984" ,
dated May 1, 1984, maturing in the years 1997 through 2001, and
aggregating in principal amount $275, 000, shall be redeemed and
the same are hereby called for redemption on August 1, 1996, at
the price of par and accrued interest to the date of
redemption. The City Secretary is hereby authorized and
directed to file a copy of this resolution, together with a
suggested form of notice of redemption to be filed with
bondholders, with First City, Texas-Austin, N.A. , Austin, Texas
(successor to First City National Bank of Austin) , in
accordance with the redemption provisions applicable to such
bonds ; such suggested form of notice of redemption being
attached hereto as Exhibit B and incorporated herein by
reference as a part of this resolution for all purposes .
SECTION 3 : That the certificates of that series known
as "City of Southlake, Texas, Combination Tax and Revenue
Certificates of Obligation, Series 1985" , dated April 1, 1985,
maturing in the years 1998 through 2001, and aggregating in
principal amount $1, 225, 000, shall be redeemed and the same are
hereby called for redemption on April 1, 1997, at the price of
par and accrued interest to the date of redemption. The City
Secretary is hereby authorized and directed to file a copy of
this resolution, together with a suggested form of notice of
redemption to be filed with certificateholders, with First
City, Texas-Austin, N.A. , Austin, Texas (successor to First
City National Bank of Austin) , in accordance with the
redemption provisions applicable to such certificates ; such
suggested form of notice of redemption being attached hereto as
Exhibit C and incorporated herein by reference as a part of
this resolution for all purposes .
SECTION 4 : The redemption of the obligations described
above being associated with the advance refunding of such
obligations, the approval, authorization and arrangements
herein given and provided for the redemption of such
obligations on the redemption dates designated therefor and in
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the manner provided shall be irrevocable; and the City
Secretary is hereby authorized and directed to make all
arrangements necessary to notify the holders of such
obligations of the City' s decision to redeem such obligations
on the dates and in the manner herein provided and in
accordance with the ordinances authorizing the issuance of the
obligations .
PASSED AND ADOPTED, this March 6, 1990 .
CITY OF SOUTHLAKE, TEXAS
Mayor
ATTEST:
City Secretary
(City Seal)
5 9 9 OC
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EXHIBIT A
NOTICE OF REDEMPTION
CITY OF SOUTHLAKE, TEXAS,
GENERAL OBLIGATION BONDS, SERIES 1982
} DATED FEBRUARY 1, 1982
NOTICE IS HEREBY GIVEN that the City of Southlake, Texas
has called for redemption on February 1, 1994 , the bonds of the
series described above and further identified as follows :
Bonds numbered 39 through 80, each in the
denomination of $5, 000, aggregating in principal
amount $210, 000, and scheduled to mature on
February 1 in each of the years 1995 through 1997.
NOTICE IS FURTHER GIVEN that due and proper arrangements
have been made for providing First National Bank Grapevine,
Grapevine, Texas, the paying agent for such bonds, with
sufficient funds to pay the principal amount of such bonds and
the accrued interest thereon to the above designated redemption
date. Such bonds shall cease to bear interest from and after
such redemption date.
THIS NOTICE is issued and given pursuant to the terms
and conditions prescribed for the redemption of said bonds and
pursuant to a resolution passed by the City Council of the City
of Southlake, Texas .
WITNESS MY OFFICIAL SIGNATURE, this the 6th day of
March, 1990 .
City Secretary
City of Southlake, Texas
The above and foregoing Notice of Redemption was duly
received and filed with the First National Bank of Grapevine,
Grapevine, Texas, this
FIRST NATIONAL BANK OF GRAPEVINE
By:
Title:
(Bank Seal)
5 9 9 I C
NOTICE OF REDEMPTION
CITY OF SOUTHLAKE, TEXAS,
GENERAL OBLIGATION BONDS,
SERIES 1984
DATED MAY 1, 1984
NOTICE IS HEREBY GIVEN that the bonds of the above
series described below and aggregating in principal amount
$275, 000 have been called for redemption on August 1, 1996 at
the redemption price of par and accrued interest to the date of
redemption, such bonds being identified as follows :
Bond Year of Principal Amount Amount to be
Number Maturity Outstanding Redeemed
1997 $ 45, 000 $ 45, 000
1998 50, 000 50, 000
1999 55 , 000 55, 000
2000 60, 000 60, 000 ,
2001 65, 000 65, 000
THE ABOVE DESCRIBED BONDS shall become due and payable
on August 1, 1996, and interest thereon shall cease to accrue
from and after said redemption date and payment of the
redemption price of said bonds shall be paid to the registered
owners of the bonds only upon presentation and surrender of
such bonds to the principal office of First City, Texas-Austin,
N.A. , Austin, Texas (successor to First City National Bank of
Austin) . .
THIS NOTICE is issued and given pursuant , to the terms
and conditions prescribed for the redemption of said bonds and
pursuant to a resolution by the City Council of the City of
Southlake, Texas .
FIRST CITY, TEXAS-AUSTIN, N.A. ,
as Paying Agent/Registrar
Address : P. 0. Box 1727
Austin, Texas 78767
5 9 9 1 C
NOTICE OF REDEMPTION
CITY OF SOUTHLAKE, TEXAS,
COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1985
DATED APRIL 1, 1985
NOTICE IS HEREBY GIVEN that the certificates of the
above series described below and aggregating •in principal
amount $1,225, 000 have been called for redemption on April 1,
1997 at the redemption price of par and accrued interest to the
date of redemption, such certificates being identified as
follows :
Bond Year of Principal Amount Amount to be
Number Maturity Outstanding Redeemed
1998 $265, 000 $265,000
1999 290, 000 290,000
2000 320, 000 320,000
2001 350, 000 350, 000
•
THE ABOVE DESCRIBED OBLIGATIONS shall become due and
payable on April 1, 1997, and interest thereon shall cease to
accrue from and after said redemption date and payment of the
redemption price of said obligations shall be paid to the
registered owners of the bonds only upon presentation and
surrender of such obligations to the principal office of First
City, Texas-Austin, N.A. , Austin, Texas (successor to First
City National Bank of Austin) .
THIS NOTICE is issued and given pursuant to the terms
and conditions prescribed for the redemption of said
certificates and pursuant to a resolution by the City Council
of the City of Southlake, Texas .
FIRST CITY, TEXAS-AUSTIN, N.A. ,
as Paying Agent/Registrar
Address : P. O. Box 1727
Austin, Texas 78767
5 9 9 1 C
-
RESOLUTION 90-20
A RESOLUTION approving and authorizing the execution
of a "Paying Agent/Registrar Agreement" in
relation to the "City of Southlake, Texas,
General Obligation Refunding Bonds, Series 1990"
and resolving other matters incident and related
thereto .
WHEREAS, on this date the City Council of the City of
Southlake, Texas authorized the issuance of "City of Southlake,
Texas, General Obligation Refunding Bonds, Series 1990" , dated
March 1, 1990 (the "Securities") ; such securities to be issued
in fully registered form only; and
WHEREAS, in relation to the payment, registration,
transfer and exchange of said Securities, the Paying
Agent/Registrar selected therefor is First City, Texas-Austin,
N.A. , Austin, Texas; and -
WHEREAS, a "Paying Agent/Registrar Agreement" by and
between the City and said Bank has been prepared and submitted
to the City Council for approval and execution, such Agreement,
setting forth the duties and responsibilities of the Paying
Agent/Registrar for such Securities, being attached hereto as
Exhibit A and incorporated herein by reference as a part of
this Resolution for all purposes; and
WHEREAS, the City Council hereby finds and determines that
such "Paying Agent/Registrar Agreement" should be approved and
execution of the same for and on behalf of the City authorized;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS that the "Paying Agent/Registrar Agreement" by
and between the City and First City, Texas-Austin, N.A. ,
Austin, Texas relating to the above described Securities,
attached hereto as Exhibit A, is hereby approved as to form and
content, and the Mayor and City Secretary of the City are
hereby authorized and directed to execute such Agreement in
substantially the same form and content herein approved for and
on behalf of the City and as the act and deed of this City
Council .
PASSED AND APPROVED, this March 6, 1990 .
CITY OF SOUTHLAKE, TEXAS
ATTEST: Mayor
City Secretary
(City Seal)
5 9 8 8 C
EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
THIS AGREEMENT entered into as of March 6, 1990 (this
"Agreement") , by and between the City of Southlake, Texas (the
"Issuer") , and First City, Texas-Austin, N.A. , Austin, Texas, a
banking association duly organized and existing under the laws
of the United States of America, (the "Bank") ,
RECITALS
WHEREAS, the Issuer has duly authorized and provided for
the issuance of its "CITY OF SOUTHLAKE, TEXAS, GENERAL
OBLIGATION REFUNDING BONDS, SERIES 1990" (the "Securities" ) ,
dated March 1, 1990, such Securities to be issued in fully
registered form only and in part as "Current Interest Bonds"
(bonds paying interest at stated intervals on and prior to the
Stated Maturities) and 'in part as "Capital Appreciation Bonds"
(bonds paying no interest prior to their Stated Maturities) ; and
WHEREAS, the Securities are scheduled to be delivered to
the initial purchasers thereof on or about April 10, 1990; and
WHEREAS, the Issuer has selected the Bank to serve as
Paying Agent/Registrar in connection with the payment of the
principal of, premium, if any, and interest on said Securities
and with respect to the registration, transfer and exchange
thereof by the registered owners thereof; and
WHEREAS, the Bank has agreed to serve in such capacities
for and on behalf of the Issuer and has full power and
authority to perform and serve as Paying Agent/Registrar for
the Securities ;
NOW, 'THEREFORE, it is mutually agreed as follows :
ARTICLE ONE
APPOINTMENT OF, BANK AS
PAYING AGENT AND REGISTRAR
Section 1 . 01 . Appointment .
The Issuer hereby appoints ' the Bank to serve as Paying
Agent with respect to the Securities , and, as Paying Agent for
the Securities , the Bank shall be responsible for paying on
behalf of the Issuer the principal, premium ( if any) , and
interest with respect to the Current Interest Bonds and the
Maturity Amount (the original principal amount with accrued
and compounded interest thereon) with respect to Capital
Appreciation Bonds as the same become due and payable to the
registered owners thereof; all in accordance with this
Agreement and the "Bond Resolution" (hereinafter defined) .
The Issuer hereby appoints the Bank as Registrar with respect
to the Securities and, as Registrar for the Securities, the
Bank shall keep and maintain for and on behalf of the Issuer
books and records as to the ownership of said Securities and
with respect to the transfer and exchange thereof as provided
herein and in the "Bond Resolution" .
The Bank hereby accepts its appointment, and agrees to
serve as the Paying Agent and Registrar for the Securities .
Section 1. 02 . Compensation.
As compensation for the Bank' s services as Paying
Agent/Registrar, the Issuer hereby agrees to pay the Bank the
fees and amounts set forth in Annex A attached hereto for the
first year of this Agreement and thereafter the fees and
amounts set forth in the Bank' s current fee schedule then in
effect for services as Paying Agent/Registrar for
municipalities, which shall be supplied to the Issuer on or
before 90 days prior to the close of the Fiscal Year of the
Issuer, and shall be effective upon the first day . of the
following Fiscal Year .
In addition, the Issuer agrees to reimburse the Bank upon
its request for all reasonable expenses, disbursements and
advances incurred or made by the Bank in accordance with any of
the provisions hereof (including the reasonable compensation
and the expenses and disbursements of its agents and counsel) .
ARTICLE TWO
DEFINITIONS
Section 2 . 01. Definitions .
For all purposes of this Agreement, except as otherwise
expressly provided or unless the context otherwise requires :
"Acceleration Date" on any Security means the date on
and after which the principal or any or all installments
of interest , or both, are due and payable on any Security
which has become accelerated pursuant to the terms of the
Security.
"Bank Office" means the principal corporate trust
offices of the Bank as indicated on page 12 hereof . The
Bank will notify the Issuer in writing of any change in
location of the Bank Office .
-2-
D —3
"Bond Resolution" means the resolution, order, or
ordinance of the governing body of the Issuer pursuant to
which the Securities are issued, certified by the
Secretary or any other officer of the Issuer and delivered
to the Bank.
"Fiscal Year" means the fiscal year of the Issuer,
ending August 31st .
"Holder" and "Security Holder" each means the Person
in whose name a Security is registered in the Security
Register .
"Issuer Request" and "Issuer Order" means a written
request or order signed in the name of the Issuer by the
Mayor, City Secretary, City Manager or Finance Director,
any one or more of said officials, and delivered to the
Bank.
"Legal Holiday" means a day on which the Bank is
required or authorized to be closed.
"Person" means any individual, corporation,
partnership, joint venture, association, joint stock
company, trust, unincorporated organization or government
or any agency or political subdivision of a government .
"Predecessor Securities" of any particular Security
means every previous Security evidencing all or a portion
of the same obligation as that evidenced by such
particular Security (and, for the purposes of this
definition, any mutilated, lost, destroyed, or stolen
Security for which a replacement Security has been
registered and delivered in lieu thereof pursuant to
Section 4 . 06 hereof and the Resolution) .
"Redemption Date" when used with respect to any Bond
to be redeemed means the date fixed for such redemption
pursuant to the terms of the Bond Resolution.
"Responsible Officer" when used with respect to the
Bank means the Chairman or Vice-Chairman of the Board of
Directors , the Chairman or Vice-Chairman of the Executive
Committee of the Board of Directors, the President, any
Vice ' President , the Secretary, any Assistant Secretary,
the Treasurer, any Assistant Treasurer, the Cashier, any
Assistant Cashier, any Trust Officer or Assistant Trust
Officer, or any other officer of the Bank customarily
performing functions similar to those performed by any of
the above designated officers and also means , with respect
-3- - [ /
to. a particular corporate trust matter, any other officer
to whom such matter is referred because of his knowledge
of and familiarity with the particular subject .
"Security Register" means a register maintained by
the Bank on behalf of the Issuer providing for the
registration and transfers of Securities .
"Stated Maturity" means the date specified in the
Bond Resolution ( i) the principal of a Current Interest
Bond is scheduled to be due and payable and (ii) the
Maturity Amount of a Capital Appreciation Bond is
scheduled to be due and payable.
Section 2 . 02 . Other Definitions .
The. terms "Bank" , "Issuer" , "Current Interest Bonds" ,
"Capital Appreciation Bonds" and "Securities (Security) " have
the meanings assigned to them in the recital paragraphs of this
Agreement.
The term "Paying Agent/Registrar" refers to the Bank in
the performance of the duties and functions of this Agreement .
•
ARTICLE THREE
PAYING AGENT
Section 3 . 01. Duties of Paying Agent .
As Paying Agent, the Bank shall, provided adequate
collected funds have been provided to it for such purpose by or
on behalf of the Issuer, pay on behalf of the Issuer the
principal of each Current Interest Bond and Maturity Amount of
each Capital Appreciation Bond at its Stated Maturity,
Redemption Date, or Acceleration Date, to the Holder upon
surrender thereof to the Bank at the Bank Office.
As Paying Agent, the , Bank shall, provided adequate
collected funds have been provided to it for such purpose by or
on behalf of the . Issuer, pay on behalf of the Issuer the
interest on each Current Interest Bond when due, by computing
the amount of interest to be paid each Holder and making
payment thereof to the Holders of the Current Interest Bonds
(or their Predecessor Securities) on the Record Date. All
payments of principal and/or interest on the Securities to the
registered owners shall be accomplished (1) by the issuance of -
checks, payable to the 'registered owners, drawn on the .
fidicuary account provided in Section 5 . 05 hereof, sent by
United States mail , first class, postage prepaid, to the
address appearing on the Security Register or (2) by such other
method, acceptable to the Bank, requested in writing by the
Holder at the Holder ' s risk and expense.
-4-
` 1 -,s
Section 3 . 02 . Payment Dates .
The Issuer hereby instructs the Bank to pay the principal
of and interest on the Current Interest Bonds and the Maturity
Amounts of the Capital Appreciation Bonds at the dates
specified in the Bond Resolution.
ARTICLE FOUR
REGISTRAR
Section 4 . 01. Security Register - Transfers and Exchanges .
The Bank agrees to keep and maintain for and on behalf of
the Issuer at the Bank Office books and records (herein
sometimes referred to as the "Security Register") for recording
the names and addresses of the Holders of the Securities, the
transfer, exchange and replacement of the Securities and the
payment of the principal of and interest on the Current.
Interest Bonds and Maturity Amount of the Capital Appreciation
Bonds to the Holders and containing such other information as
may be reasonably required by the Issuer and subject to such
reasonable regulations as the Issuer and Bank may prescribe.
All transfers , exchanges and replacement of Securities shall be
noted in the Security Register .
Every Security surrendered for transfer or exchange shall .
be duly endorsed or be accompanied by a written instrument of
transfer, the signature on which has been guaranteed by an
officer of a federal or state bank or a member of the National
Association of Securities Dealers, in form satisfactory to the
Bank, duly executed by the Holder thereof or his agent duly
authorized in writing .
The Bank may request any supporting documentation it feels
necessary to effect a re-registration, transfer or exchange of
the Securities .
To the extent possible and under reasonable circumstances,
the Bank agrees that, in relation to an exchange or transfer of
Securities , the exchange or transfer by the Holders thereof
will be completed and new Securities of like kind and tenor
delivered to the Holder or the assignee of the Holder in not
more than three (3) business days after the receipt of the
Securities to be cancelled in an exchange or transfer and the
written instrument of transfer or request for exchange duly
executed by the Holder, or his duly authorized agent, in form
and manner satisfactory to the Paying Agent/Registrar .
-5-
Section 4 .02 . Certificates .
The Issuer shall provide an adequate inventory of printed
Current Interest Bonds and printed Capital Appreciation Bonds
to facilitate transfers or exchanges thereof . The Bank
covenants that the inventory of printed Current Interest Bonds
and printed Capital Appreciation Bonds will be kept in
safekeeping pending their use and reasonable care will be
exercised by the Bank in maintaining such Securities in
safekeeping, which shall be not less than the care maintained
by the Bank for debt securities of other governments or
corporations for which it serves as registrar, or that is
maintained for its own securities .
Section 4 . 03 . Form of Security Register.
The Bank, as Registrar, will maintain the Security
Register relating to the registration, payment, transfer and
exchange of the Securities in accordance with the Bank' s
general practices and procedures in effect from time to time.
The Bank shall not be obligated to maintain such Security
Register in any form other than those which the Bank has
currently available and currently utilizes at the time.
•
The Security Register may be maintained in written form or
in any other form capable of being converted into written form
within a reasonable time.
Section 4 . 04 . List of Security Holders .
The Bank will provide the Issuer at any time requested by
the Issuer, upon payment of the required fee, a copy of the
information contained in the Security Register . The Issuer may
also inspect the information contained in the Security Register
at any time the Bank is customarily open for business , provided
that reasonable time is allowed the Bank to provide an
up-to-date listing or to convert the information into written
form.
The Bank will not release or disclose the contents of the
Security Register to any person other than to, or at the
written request of, an authorized officer or employee of the
Issuer, except upon receipt of a court order or as otherwise
required by law. Upon receipt of a court order and prior to
the release or disclosure of the contents of the Security
Register, the Bank will notify the Issuer so that the Issuer
may contest the court order or such release or disclosure of
the contents of the Security Register .
Section 4 . 05 . Return of Cancelled Certificates .
The Bank will , at such reasonable intervals as it
determines, surrender to the Issuer, Securities in lieu of
which or in exchange for which other Securities have been
issued, or which have been paid.
-6-
Section 4 . 06 . Mutilated, Destroyed, Lost or Stolen Securi-
ties .
The Issuer hereby instructs the Bank, subject to the
provisions of Section 10 of the Bond Resolution, to deliver and
issue Securities in exchange for or in lieu of mutilated,
destroyed, lost, or stolen Securities as long as the same does
not result in an overissuance.
In case any Security shall be mutilated, or destroyed,
lost or stolen, the Bank may execute and deliver a replacement
Security of like form and tenor, and in the same denomination
and bearing a number not contemporaneously outstanding, in
exchange and substitution for such mutilated Security, or in
lieu of and in substitution for such destroyed lost or stolen
Security, only upon the approval of the Issuer and (i) the ,
filing by the Holder thereof with the Bank of evidence
satisfactory to the Bank of the destruction, loss or theft of
such Security, and of the authenticity of the ownership thereof
and (ii) the furnishing to the Bank of indemnification in an
amount satisfactory to hold the Issuer and the Bank harmless .
All expenses and charges associated with such indemnity and
with the preparation, execution and delivery of a replacement
Security shall be borne by the Holder of the Security
mutilated, or destroyed, lost or stolen.
Section 4 . 07 . Transaction Information to Issuer.
The Bank will, within a reasonable time after receipt of
written request from the Issuer, furnish the Issuer information
as to the Securities it has paid pursuant to Section 3 . 01,
Securities it has delivered upon the transfer or exchange of
any Securities pursuant to Section 4 .01, and Securities it has
delivered in exchange for or in lieu of mutilated, destroyed,
lost, or stolen Securities pursuant. to Section 4 . 06 .
ARTICLE FIVE
THE BANK
Section 5 . 01 . Duties of Bank.
The Bank undertakes to perform the duties set forth herein
and agrees to use reasonable care in the performance thereof .
Section 5 . 02 . Reliance on Documents ; Etc.
(a) The Bank may conclusively rely, as to the truth of
the statements and correctness of the opinions expressed
therein, on certificates or opinions furnished to the Bank. =
-7-
(b) The Bank shall not be liable for any error of
judgment made in good faith by a Responsible Officer, unless it
shall be proved that the Bank was negligent in ascertaining the
pertinent facts .
(c) No provisions of this Agreement shall require the
Bank to expend or risk its own funds or otherwise incur any
financial liability for performance of any of its duties
hereunder, or in the exercise of any of its rights or powers, .
if it shall have reasonable grounds for believing that
repayment of such funds or adequate indemnity satisfactory to
it against such risks or liability is not assured to it.
(d) The Bank may rely and shall be protected in acting or
refraining from acting upon any resolution, certificate,
statement, instrument, opinion, report, notice, request,
direction, consent, order, bond, note, security, or other paper
or document believed by it to be genuine and to have been
signed or presented by the proper party or parties . Without
limiting the generality of the foregoing statement, the Bank
need not examine the ownership of any Securities, but is
protected in acting upon receipt of Securities containing an
endorsement or instruction of transfer or power of transfer
which appears on its face to be signed by the Holder or an
agent of the Holder . The Bank shall not be bound to make any
investigation into the facts or matters stated in a resolution,
certificate, statement, instrument, opinion, report, notice,
request, direction, consent, order, bond, note, security, or
other paper or document supplied by Issuer .
(e) The Bank may consult with counsel , and the written
advice of such counsel or any opinion of counsel shall be full
and complete authorization and protection with respect to any
action taken, suffered, or omitted by it hereunder in good
faith and in reliance thereon.
(f) The Bank may exercise any of the powers hereunder and
perform any duties hereunder either directly or by or through
agents or attorneys of the Bank.
Section 5 . 03 . Recitals of Issuer .
The recitals contained herein with respect to the Issuer
and in the Securities shall be taken as the statements of the
Issuer, and the Bank assumes no responsiblity for their
correctness .
The Bank shall in no event be liable to the Issuer, any
Holder or Holders of any Security, or any other Person for any
amount due on any Security from its own funds .
Section 5 . 04 . May Hold Securities .
The Bank, in its individual or any other capacity, may
become the owner or pledgee of Securities and may otherwise
deal with the Issuer with the same rights it would have if it
were not the Paying Agent/Registrar, or any other agent .
Section 5 . 05 . Moneys Held by Bank - Fiduciary Account/
Collateralization.
A fiduciary account shall at all times be kept and
maintained by the Bank for the receipt, safekeeping and
disbursement of moneys received from the Issuer hereunder for
the payment of the Securities, and money deposited to the
credit of such account until paid to the Holders of the
Securities shall be continuously collaterialized by securities
or obligations which qualify and are eligible under the laws of
the State of Texas to secure and be pledged as collateral for
fiduciary accounts to the extent such money is not insured by
the Federal Deposit Insurance Corporation. Payments made from
such trust account shall be made by check, drawn on such trust ,
account unless the owner of such Securities shall, at its own
expense and risk, request such other medium of payment.
The Bank shall be under no liability for interest on any
money received by it hereunder.
Subject to the applicable unclaimed property laws of the
State of Texas , any money deposited with the Bank for the
payment of any Security or accrued interest thereon and _
remaining unclaimed for four years after final maturity of the
Security has become due and payable will be paid by the Bank to
the Issuer, and the Holder of such Security shall thereafter
look only to the Issuer for payment thereof, and all liability
of the Bank with respect to such moneys shall thereupon cease.
Section 5 . 06 . Indemnification.
To the extent permitted by law, the Issuer agrees to
indemnify the Bank for, and hold it harmless against, any loss,
liability, or expense incurred without negligence or bad faith
on its part, arising out . of or in connection with . its
acceptance or administration of its duties hereunder, including
the cost and expense against any claim or liability in
connection with the exercise or performance of any of its
powers or duties under this Agreement . '
Section 5 . 07 . Interpleader . ' '
The Issuer and the Bank agree that the Bank may seek
adjudication of any adverse claim, demand, or controversy over
its person as well as funds on deposit, in either a Federal or
-9-
/5-/CD
State District Court located in the State and County where
either the Bank Office or the administrative offices of the
Issuer is located, and agree that service of process by
certified or registered mail, return receipt requested, to the
address referred to in Section 6 . 03 of this Agreement shall
constitute adequate service. The Issuer and the Bank further
agree that the Bank has the right to file a Bill of
Interpleader in any court of competent jurisdiction to
determine the rights of any Person claiming any interest
herein.
Section 5 . 08 . DT Services .
It is hereby represented and warranted that, in the event
the Securities are otherwise qualified and accepted for
"Depository Trust Company" services or equivalent depository
trust services by other organizations, the Bank has the
capability and, to the extent within its control, will comply
with the "Operational Arrangements" , effective August 1, 1987,
which establishes requirements for securities to be eligible
for such type depository trust services, including, but not
limited to, requirements for the timeliness of payments and
funds availability, transfer turnaround time, and notification
of redemptions and calls .
•
ARTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6 . 01. Amendment.
This Agreement may be amended only by an agreement in
writing signed by both of the parties hereto .
Section 6 . 02 . Assignment.
This Agreement may not be assigned by either party without
the prior written consent of the other.
Section 6 . 03 . Notices .
Any request, demand, authorization, direction, notice,
consent, waiver , or other document provided or permitted hereby
to be given or furnished to the Issuer or the Bank shall be
mailed or delivered to the Issuer or the Bank, respectively, at
the addresses shown on page 12 .
Section 6 . 04 . Effect of Headings .
The Article and Section headings herein are for
convenience only and shall not affect the construction hereof .
-10-
Section 6 . 05 . Successors and Assigns .
All covenants and agreements herein by the Issuer shall
bind its successors and assigns , whether so expressed or not.
Section 6 . 06 . Severability.
In case any provision herein shall be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of
the remaining provisions shall not in any way be affected or
impaired thereby.
Section 6 .07. Benefits of Agreement .
Nothing herein, express or implied, shall give to any
Person, other than the parties hereto and their successors
hereunder, any benefit or any legal or equitable right, remedy,
or claim hereunder.
Section 6 . 08 . Entire Agreement .
This Agreement and the Bond Resolution constitute the
entire agreement between the parties hereto relative, to the
Bank acting as Paying Agent/Registrar , and if any conflict
exists between this Agreement and the Bond Resolution, the Bond
Resolution shall govern.
Section 6 . 09 . Counterparts.
This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and all
of which shall constitute one and the same Agreement.
Section 6 . 10 . Termination.
This Agreement will terminate (i) on the date of final
payment to the Holders of the principal and interest or
Maturity Amount with respect to the Securities or (ii) may be
earlier terminated by either party upon sixty (60) days written
notice; provided, however, an early termination of this
Agreement by either party shall not be effective until (a) a
successor Paying Agent/Registrar has been appointed by the
Issuer and such appointment accepted and (b) notice given to
the Holders of the Securities of the appointment of a successor
Paying Agent/Registrar . Furthermore, the Bank and Issuer
mutually agree that the effective date of an early termination
of this Agreement shall not occur at any time which would
disrupt, delay or otherwise adversely affect the payment of the
Securities .
-11-
•
Upon an early termination of this Agreement, the Bank
agrees to promptly transfer and deliver the Security Register
(or a copy thereof) , together with other pertinent books and
records relating to the Securities, to the successor Paying
Agent/Registrar designated and appointed by the Issuer .
The provisions of Section 1. 02 and of Article Five shall
survive and remain in full force and effect following the
termination of this Agreement.
Section 6 . 11. Governing Law.
This Agreement shall be construed in accordance with and
governed by the laws of the State of Texas .
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year first above written.
FIRST CITY, TEXAS-AUSTIN, N.A.
Austin, Texas
BY
Title:
[SEAL]
Attest:
Address : P. O. Box 1727
Austin, Texas 78767
Title:
CITY OF SOUTHLAKE, TEXAS
BY
Mayor
(CITY SEAL)
Address : 667 N. Carroll Avenue
Attest : Southlake, Texas 76092
City Secretary
5 9 8 9 C
-12-
/ ' / 3
6
City of Southlake,Texas
MEMORANDUM
March 2 , 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Conditional Sign Permit - Arvida
Arvida has requested a conditional sign permit for their
subdivision. I am reviewing the permit at the present time
and will have a report prior to the City Council meeting. I
apologize for not having the report ready for council
packets but it appears that the sign permit application
meets our Ordinance.
M6
MHB/ew
/C
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 485
4
AN ORDINANCE AMENDING ORDINANCE NO. 350 AND 398
OF THE CITY OF SOUTHLAKE, TEXAS, WHICH PROVIDES
FOR THE REGULATION OF SIGNS, BY ADDING A
PROVISION FOR ALLOWING CONDITIONAL SIGN
APPROVAL AND BY AMENDING THE DEFINITION OF
"SIGN" AND "SITE" ; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR THE REPEAL OF
INCONSISTENT ORDINANCES; PROVIDING AN EFFECTIVE
DATE.
WHEREAS , Ordinance Nos. 350 and 398 (the Sign Ordinance) of
the City generally provide for the regulation of signs within the
City, and;
WHEREAS, the City Council hereby determines that it is in the
best interest of the City to amend the provisions of the Sign
Ordinance to provide for specialized signs under certain
conditions; now
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1 . That Ordinance No. 350 and 398 of the City, be
amended by adding a new section VI to read as follows:
"SECTION 6
CONDITIONAL SIGN PERMITS
A. Notwithstanding anything in this ordinance to the
contrary, , the erection of a sign or signs may be approved
pursuant to this section under a conditional permit
approved by the City Council. The minimum size
development for a conditional permit shall be 100
acres. The purpose of this section is to allow for a
specialized review of signs which may not be appropriate
generally without certain restrictions , but which, if
controlled as to the number, size, color, location or
relation to adjacent properties, would promote the
health, safety and welfare of the community. Conditional
use permitting of signs is , intended to allow for
evaluation of the proposed sign and to ensure adequate
mitigation bf potentially unfavorable impacts.
B. An application for a conditional sign permit shall be
submitted to the Director of Public Works , along with a
fee as determined by valuation of the structure to be
built in accordance with the 1988 Edition of the
Uniform Administrative Code " Table No. 3-A- Building
Permit Fees" , page 31 . A plan shall be submitted with
the application showing the location of all signs to be
placed on the site . The applicant shall also provide
construction plans by a registered professional
engineer in the State of Texas and also provide
representative renderings of the particular sign types,
facings , material compositions, dimensions , location,
setbacks , lighting and colors.
C. The Director of Public Works shall review the application
and submit a report to the City Council. The City
Council shall then review the application and
conditionally approve or deny the conditional sign
permit. Any conditional use permit approved by the
Council shall be subject to such restrictions as the
Council may reasonably place upon the sign with regard to
height, dimensions , setbacks , sign types, facings,
material compositions , colors , location, lighting and
other reasonable requirements which the Council deems
necessary or appropriate for the approval of the permit. "
Section 2 . That Ordinance No. 350 and 398 of the City, be
amended by restating the following definitions :
SIGN - means any device, flag, light, fixture, picture,
letter, word, message, symbol, plaque or poster whether
, composed of one or more structures which is visible from
outside the site on which it is located and designed to inform
or attract the attention of persons not on that premise,
excluding those lights and landscape features not on that
premise, excluding those lights and landscape features which
display no words or symbols , and temporary holiday decorations.
SITE - means a building which houses a single activity and the
contiguous grounds and parking areas which exclusively service
that building or any number of activities housed by a single
building or multiple buildings which share a common egress or
ingress from a public street or right-of-way or a single
complex with one or more different land uses developed as a
unified project, as established under Section II (N) of this
ordinance.
Section 3 . If any section, article, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof
is held invalid or unconstitutional by a Court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance; and the City Council hereby
declares it would have passed such remaining portions of the
ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
Section 4 . All ordinances or parts of ordinances inconsistent
or in conflict with the provisions of this ordinance are hereby
expressly repealed to the extent of the inconsistency or conflict.
/i- 3
Section 5 . That this ordinance shall take effect immediately
from and after its passage and publication in accordance with the
provisions of the general laws of the State of Texas, and it is
accordingly so ordained.
PASSED AND APPROVED on the 1st reading the A�/
day of
6(61-7(.42-- , 1989 .
4 SS D AND APPROVED on the 2nd reading the day of
;6-31
u= , 1989 .
-/-i)---.2 _
ry Mckes, ayor
City of Sou lake
ATTEST:
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Sandra L. LeGrand, -, . -11 �`�
City. Secretary '
'''s',',,1�"�:i:. :::tom tst����```
.cSit
APPROVED AS TO FORM:
City Attorney
City of Southlake
Ordinance No. 485 -3-
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City of Southlake,Texas
MEMORANDUM
receive(-
.
March 1 , 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Ballfield Lighting Bid
Bids for 22 Metal Halide Sports Lighting fixtures will be
opened and read aloud on Tuesday, March 6 , 1990 , at 10: 00
a.m. The bids will be reviewed by myself and TU Electric to
ensure that the bids received meet specifications.
The staff will submit a recommendation to the City Council
on Tuesday night to award the contract to the lowest
responsible bidder meeting specifications.
If there are any questions, please contact me.
'
MHB/ew
e _3
Atr3f 1
MEMORANDUM
r'i March 2 , 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Water and Sewer Requests For Proposals
Space Utilization Request For Proposals
Request For Proposals (RFP) for the Water and Sewer Rate
Study and the Space Utilization Study have been received and
are being reviewed by the staff. Seven (7) proposals for
the Water and Sewer Rate Study and five (5) proposals for
the Space Utilization Study were submitted.
The staff and City Council will review the proposals, select
three (3) finalists and have the finalists make a
presentation before the City Council on March 27, 1990.
Judging from the responses received, it appears that studies
will be performed by competent professionals.
If there are any questions, please contact me.
4/#5
MHB/ew
- i
LAW or avuiniaice, i exas
/Pr 1
MEMORANDUM .02- oar
March 2 , 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Tarrant County Reconstruction Projects
Tarrant County has requested that Southlake submit their
requests for reconstruction projects for fiscal year
1990-91 . Below is a list of streets that are in need of
reconstruction:
TRAFFIC EST.
STREET DESCRIPTION COUNT LENGTH COST
Highland St. - from Shady 1 ,460 13 , 000 ' $97 ,500
Oaks to N. Kimball
S. Kimball - from E. South- * 5 , 600' $42,000
lake Blvd. to Continental
E. Continental - from Whites 1 ,452 11 ,600 ' $87 ,000
Chapel to S. Kimball
Johnson Rd. - from Pearson 1 ,270 5 , 300 ' - $40 ,000
to Randoll Mill
Carroll Rd. - from Dove Rd. 2 ,070 3 , 300 ' $25 ,000
to Burney Ln.
* Count Not Taken
If the , City plans to reconstruct the roadway in the Sutton
Place and Oak Hills Mobile Home Parks , the cost to
reconstruct those streets would be $10 ,500 and $19 ,000
respectively.
The County should be completed next week with their paving
on Shady Oaks. North Kimball Avenue was completed in January
at a cost of approximately $22 ,000 . The City is in the
scheduling process to install gravel in the driveways on
Kimball Road north of Dove Road since the County was not
able to do so.
I
Curtis E. Hawk, City ManagerGnyOtboutnlake, exas
March 2 , 1990
Page 2
As can be seen, there are more streets that need to be built
than there are funds available. Please place this list on
the City Council agenda to select the streets that they wish
to be reconstructed next year.
If there are any questions, please contact me.
"/611J
MHB/ew
City of Southlake,Texas
P!"---------
. . :. -111,1%
MEMORANDUM M r)' U /
March 2 , 1990
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Construction Inspector
Since last summer, there have been five subdivisions that
have started construction - SouthRidge Lakes (Phase I) ,
Chimney Hill (Phase I) , Hillwood Estates, Chapel Downs and
Timber Lake (Section I, Phase I) . There are also two major
sewer lines (S-4 and S-6) that are either being designed or
have started construction. Phase II of SouthRidge Lakes and
Chimney Hill are planned to start construction in the
immediate future. Timber Lake Section I, Phase II is
planned to start construction in late 1990 .
It is anticipated that construction of the City' s
infrastructure will continue for the next several years. In
order to insure that the infrastructure to be constructed is
installed properly, a quality construction inspector is
needed.
To date, through the 3% construction inspection fees charged
for each subdivision listed above, approximately $68 ,000 has
been received. Approximately $25 ,500 has been paid to
Cheatham & Associates for construction inspection from
August 1989 to the first of March 1990. The intent of the
3% construction inspection fees is to provide for a full
time construction inspector and pay for the quality control
testing of the infrastructure.
At the present time, the City is contracting with Cheatham &
Associates for a construction inspector at a rate of $25 an
hour. To hire a full time inspector (including salary,
insurance, benefits , etc. ) and provide a vehicle would cost
the City approximately $40 ,000 per year. To continue to
hire an inspector from a consulting firm, it will cost
approximately. $52,,000 per year (It should be noted that this
rate from Cheatham & Associates is a very low rate in the
industry) .. If the City hired a full time construction
inspector, not only can the City save money but could also
gain a valuable employee that could assist other departments
(such as street, water and sewer, and building inspection)
when needed.
•
City of Southlake,Texas
Curtis E. Hawk, City Manager
March 2 , 1990
Page 2
Other duties, besides normal water, sewer and paving
construction for subdivisions and capital projects, that the
construction inspector may be called upon .to perform are:
1 . Coordinate the utility construction of telephone,
gas, electric, and cable companies in Southlake.
2. Review construction plans.
3. Assist the Public Works Superintendent in special
projects such as providing flow line grades for
grading ditches and street reconstruction.
4 . Assist the Director of Public Works in special
projects.
5 . Coordinate utility relocation with the Highway
Department when Highway 114 and FM 1709 are
reconstructed.
Based on the above, it is recommended that the City hire a
full time inspector at it' s earliest convenience. If there
are any questions, please contact me.
'' //h
MHB/ew
4
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 503
AN ORDINANCE REGULATING THE LOCATION OF
STREET LIGHTS IN THE CITY OF SOUTHLAKE BY
CREATING AND ESTABLISHING MINIMUM
REQUIREMENTS FOR THE PLACEMENT AND
INSTALLATION OF ALL STREET LIGHTS IN
SOUTHLAKE; PROVIDING FOR STREET LIGHTING ON
STATE FRONTAGE ROADS; PROVIDING FOR
ENGINEERING AND INSPECTION OF ALL STREET
LIGHTS INSTALLED; PROVIDING FOR AN APPROVED
CONTRACTOR OR LOCAL ELECTRIC UTILITY TO
INSTALL THE STREET LIGHTS; PROVIDING FOR
FINANCIAL RESPONSIBILITY AND ARRANGEMENTS;
PROVIDING FOR OWNERSHIP AND MAINTENANCE; AND
PROVIDING FOR AND EFFECTIVE DATE
WHEREAS , the City Council of the City of Southlake has
determined that adequate street lighting regulations are necessary
for safe traffic movement at night;
WHEREAS, the City Council of the City of Southlake finds that
these street light regulations in this Ordinance are the minimum
requirements for the installation and maintenance of street lights;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE1 TEXAS;
IELDING , BARRETT TEL : 817-560-3953 Mar 2 ,90 16 : 14 No .005 P .02
/I
RESOLUTION NO. ILA
A RESOLUTION OP THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING
THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR TEE
PURPOSE OP OBTAINING EASEMENTS IN CONNECTION WITH THE
INSTALLATION AND MAINTENANCE OF A SANITARY SEWER OUTFALL
LINE (8-4) .
WHEREAS, under the City's sanitary sewer plan, a sanitary
sewer outfall line is proposed to be constructed across property
located in the A. C. Stone Tract so that adjacent properties will
have sewer service for future development in order to preserve and
protect the public health, safety and welfare; and
WHEREAS, since the original approval of the sanitary sewer
outfall line (S-4) , the City has attempted in good faith to
negotiate for the acquisition of easements across property owned
by Mary Stone Myers, executrix for the Estate of A. C. Stone, and
Kippy Lee Myers, executor for the Estate of Audrey Stone; and
WHEREAS, the City and the above property owners have been
unable to reach an agreement on the acquisition of this easement:
and
WHEREAS, the City Council now deems it necessary to authorize
the City Attorney to initiate condemnation proceedings on the above
tract in order to allow the proposed sanitary sewer outfall line
(S-4) to proceed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BOUTHLAKE, TEXAS:
-1-
Plr IELDING , BARRETT TEL : 817-560-3953 Mar 2 , 90 16 : 14 No .005 P .03
SECTION 3,
The City Attorney is hereby authorized to bring a condemnation
lawsuit for the purpose of acquiring necessary easements in
conjunction with the installation and maintenance of the sanitary
sewer outfall line (S-4) for the purpose of installing, repairing,
maintaining, altering, replacing, relocating, and operating
utilities in, into, upon, over, across and under such land, and a
temporary construction easement for the purpose of construction
access to the sanitary sewer outfall line (S-4) .
SECTION 2
That the City Council finds that such improvements in this
condemnation action are necessary in order to serve the public
,
health, safety and welfare.
PASSED, APPROVED AND EFFECTIVE this _ day of March, 1990.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
'
ADOPTED:
e
EFFECTIVE:
c:\slake\res. 03 g
