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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. .H` S .. 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. 1 — 7tI P p— ,. 3 t - - ' Tau► kf. _ 3t Z 1 t s c. i a sTN/T Cu A-�4� ``"•Y —j f` i . Dom- -- •,.0— sr A vole[ 4J A-,2.o7 �3t 1 - >• `p --Jt" � - :-- 6 R n►•s I. t ,t\\ 7 :pm.- = s ""9� Ta.4E1 - Tt S.C. 14.4 • •-la �1 _ •Ta.402:-. ° 4 - 1 . 3 p"UM! •_ I DU • • • IL 'Zt 3.1 Tt 34 Stc • �''.�c; _ 12tw. 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'W.f _•r`I,f'!. .`• •U`- *.4 .• •r: Z Y .71•r •• tf s- f ES1ES ,�• .` • ` " sow .5.. 81 ' • 3 ta '. � •• 12 - .. • sue - � • - ., • 2• TING !AG.10 ` 14 • TOR. lANK A . L• ••• T.- �- - — - - ��. •-�- 12 18 : 1..,.1 rp t. .W: au_ ..- .p_i_ ,� }1�._Q 144 '� „ $. • .� D' 211 1:.: \ • 1011 ..a•E'+ -,.f,.p �` �.. _ • `� p- 20 �o Alf _ ... P4 �rT is-/ii E3 811ti: 'T� • pfliCirii y...."p.�.,,.•- • , ... !`• N. `; ? : •�"• P. . all Z - - - — — • tot'ar ' I2N 1 t. .At 11 '- -; = ' /¢' -- _ Y r.'rjK: Xii!•+ ',M+ijvrEg's i r.a'-.•-• t• • .• ? „ PROPOSED WATER ; all _ 8 SYSTEM 'i fs ' t•` i2'' 12.• ' • _ . ®\• 24•• \\, _ @ 0.38% r"— —_ N.. • • \ "" 1 ►3 • • • - ...‘A .. r.- j \ / JJJ t ~ r0 0.50 \ 24" @ 0.36% - _ ; 0.36% _ -.t b r- ;' \ . • __ �S€ "I - S ,dam. : '-..: ' u,. )7.- a: '"`.\` C... 7..., :"..../......"". .1. ..' ' \ .. • 11 • =. :••'�4'F� [ :, - -::-7 ,... r=7 -. •: -\ • .• riirfa:•:,-..,... f-''.....-..-i.-,Z-%‘.. ",t ‘ . • tc- .. y t _ - , - f.. i4 ax: — , =,. _.,....- . / - .. s .Y _rm _ : a / 10 ® 030 /o \ :/ - • ti•l•-•:\ / -- _ .- %. •'. .: _.f----.‘,......: .-"' \ _ A:. Airs, / • b Q .. • • �-6'® 0.80% • f r/y• • \12' 0.66 io I ! -'M1 • • `. 1 n SEWER !LAH /P0 SEA . ,,,c„ - / \ . \ ___..--- 7 .....- ..PRD •1 .v4 . - . • ... ... .. 0.33% ---T - I 12 @ ti _il........i • rp ;t • .-. EXHIBIT "A" TO ORDINANCE NO. 499 ANNEXATION SERVICE PLAN TRACT 2 GENERAL: This annexation incorporates an area of the R. D. PRICE SURVEY, ABSTRACT NO. 1207 , Tarrant County, Texas, referred to as TRACT 1 (see attachment) . SOLID WASTE COLLECTION: Solid Waste Collection service in the City of Southlake is presently being provided by Lakeside Sanitation. UTILITY SERVICE: POWER: (TU Electric/Tri-County Electric) will provide power service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. GAS : Lone Star Gas will provide gas service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. CABLE TV: Planned Cable Systems Corp. will provide Cable TV service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. TELEPHONE: (General Telephone Company/Southlake Bell Telephone Company) will provide service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. This will include the "9-1-1" Emergency Program. WATER: The City of Southlake is providing the water service to this area and will continue to' upgrade the System in accordance with the current Distribution System Master Plan. 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. • 2-/3 s_ . �b t el y • G CO I 44 7t1 Wow ,i"c. ���„0,I. •. .• r TICK T1 lam E $I . fZKr 4. lk OO_C`l/ q•. V OQ . O a.s 0 P i 49 • C.— _-R b' s.Cam' l• ,.,F �. TRACT 11■ttc ` . 1c j YrJFICh rim.. moo. w 4Sa•.tz USE: .�/4 • 1 T¢38z � - IS.4;M i t4. •\ • m ra.e.8 2 Mt J t� ZMIC TR3w yam• 14 W .l.o:wL CO .45 < .,. IB�e.,«• ,4 �.c • r zaa• 1.N 189 Q .4wa..c •� T¢NI 77 IA : N 'q 'It •.3 ' 4 Oa. 111 r ek S T� ' �- IZ1 � • nM.� • C �`ri 'rl �S ri_ r ` 2.4 8t ui • L ti 4- .. z'r' Tt 4w i :A y 7be I valliljpielr irr 4 1d 16 6✓,/T t4j .13 Orgy nrtKt O s • r* 1 + 109 • • 1 • LL C� 1 r TRACT LOCATION: MAP,.. 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S I __--- . . s. • • : 1.-‘,.. • . . • • .._ • • . • 1102.30A [ C.) deige /If. .... •- . ..... •...,. - -. ... _ ... , . A • ,. . . . „ - •,• . • it-4. .... •q--,%0 4 , . I . ././.. ' - : • ,- ' . . ,. • •".• • - - . .A:N...7,...-4..-..r.. - • - .-- ....-1 -\ . , . -Tftkiiiilit7inli -' .' •' .,. - ...,..... . . - .........,,. • .. - • .......- PROPOSED SEWER PLAN . . --/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 -3- 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 -4- 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 -5- 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 -6- 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. -7- 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 -10- 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 12- T'eS -ow_ s N SOUTH V f ` CRAPPIE TRAIL LAKE _ .,_ ""'THOUSAND OAKS ' 1 _uss' CIWL.SDUTNLAKE— r4. a�� . ow Nem um 6 NIP it w j m OUTHLAKE 1 1'wY� "�Jr NM$ HARBOR q'[ram 1 K. 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IA ' o , 4 o_h " �`I�' 4 it NI. .*, c,c)'_nv-ea3___!f Z hh r .. r--- •=tenNa •z _ S • °j 1 - �''J,2. unr/rt'eami '-- - 75' una � rr,I �, - ' ' - .' 50'55'D6"'F/ AOd7B' - - 50'e!9'le'K/ ' 50 Ai/5'14/ t '•`!'S^•�. a a 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. IO J. aTt 11•/••M000 OA ONION II t r ; t i NARe0KY1N1f(Flo OA ; 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 -- .- - - Ia `�I *f OUA0.tUNRO GATiYt�'� Iw yI ) NI - / o • IZ s, 7ENF CT IK jTATLON Si I� I LAI Cl ,,�`e Wf I-' _ Ii I I �'� (HERALD,IR1 IC �.•e'. 1 N _ COVE Si.W I DOVE ST.E..'._.. a �r �� •+� ,. I CARROLL =1 0 u 1� �I ROLN o;I II I HIGH SCHOOL ,J F. Ie2 > ' �NOCRINGIIRD1N " °RRITFA%TCf i 11= 3I y ' !� i . `� '� ,s : ` ,a :e. o C — o. ... T.AID +�I PRIMROSE Lll *�.mi�' : H• a Wco CI i d s'OIILAIF.N• .. "I I • , ,y,‘rti 'e N r.---1 al :. -- . .I, . I :/ d— OARLAiIE.S PLO 1A110N OI'� '�' ♦ S�' �� �'I 0 .R iR ea f° c•,Q4• PICT I CAPRICE ir-`I a.IiSLEErrX E101I' or-.IF- ' 1 _`` Z.UMBLEWEEOC I '' oupfs ' =I +'i AA I 3PE 7 90UNOUP TA I • CYPRESS !Ol ON 140I$PEBIM6lN IitRcL , I r+ a. •II y FoAESTLb o 1 �(P NRNUNO ST.VI : +16114N0 ST f =i IRIN6SW00D P 00 t0pCA' e. DOVE CREEK.);N�O • - I. 0', i.-' f•r, 0SS•TIlaf1'%•AAVfA,e •I ♦ CARROE .tIS M---- •-•- I ., ys:w4Y IA ;- f�OCr NILOW0o0 1.. CH00L Y1f I ..4, NO t.s :I s: • { MIA' I! II 3 J M(A00W S4• O.- J Ift I �� YIST1-"+1 �+L•__'•LONENCE_,�A0. I,.. GLEN p LAKEWOOD-. 7 ,clp�� I: GLEN: MISSIop ALAeOFON - e,.�'p� •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 _ _, t - _ . ,,I I ea I100 UDC SOUTHLAKE RHO..E I� 's TA ;mr• II 1 Blk• 1 • i1 • ♦ I 2 3s. - \j".: �� o LOt 25 0�o I C. s O I H •' `6RLI �I I c 6 s et es ♦ GOOOE PINE IPINE,;T.E N 3 JO1�SN AIRPORT' CT 3 I .- -I uIa' w`. (LILAC I ' ; • o�{ s II.' I I r 2 es E I M RAINBOW' MIC EL GREENWOODas ye s —if �A : 1.. CRE1;iriiilN Jei 1 " ♦ _ L=N�R040 _ CONTINENTAL NIL W .3 _ju ce u CONTINENTAL DUO.E ,•` alb...T`...oa s f.�__ CARROLL a'r•,Cr;e( I3 � NAAT sr' y W r I CARROLL �u-►0ISZaey ♦ I s »: ►ELLER, . 137e '!1 �� T OP I ♦ 3 �_ ;' I �P , - ' P �cVik- 4. 1 �.� ♦ I/ 't Ir �' i ��f l '�r �`'—mil ♦� / =3 1 i .11 J �. SITE I ���� )LLEYVILLE ON�AINAD._ I -�� _.717 MILL RUN.. 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 o EEMA 9 SF-1 • F a C Y J • P •5UAG9 A'-- - • 4 c 5 11,4111r20 19R . illp 9 .18R 2 ND OPw q 1 ti 1310 N - 17R DOVE RD E Ilk- 00 00000 0. UTURE . LAND USE M A- t P 0 11111 HP1, -4 ff.. 7 till III 1111111ps 1 0, 41. ill . ............ si Iff-s-E ilih In -:3.:: w Ic L I .I., it I HLAND ST E-.-.. IWI111 -20 W— ESTIMATED LOCATION OF REVI NOISE CONTOUR La _j ie U LLJ 7 SHMERH FM 1709 - -------------- OUTHLAKE BLVD ..... r ........ 4P,' :MWE < ........... .............. % -g:7——---- ......... ............... .... ............ . ........ . ...... .......... .... ............ ........... ............... . ..... ............... ................ k .................. . ............ % IT. fill 1.11 A Ft�l #==tt 1116i­_1 X 26 ffi4� ................ % 3 t ........... :T ell ......... e m. ,8 HIcNGU AY fl 0. 1000 PO1►')T . O r7 89°41'00"d 315 (3 Sys) Pp '/t"Iron Qod I _ Ir , -`n # Iron Qod Set s O i�.-SDI' r3r;tk j' n Undearound Tele. Tele. Conc. I G,.,;T, !1�.�s o C __C�. vCobleCJSan - fad d J C7 Pp* C C '/t lrl n Qoo Set (SO' r3.L. Vol. 388-15 ,�•13 F;re Hyd.\ -.... I ' D I . -•---15'a.: 1 J t_ \ ‘91 2 S p:T: e.1'5 Acres i, 6' c 3 C Clr) 0 P c Over lectr•,c-.. 00 CI VS 2.0'eLL. Vol. 388-ISS,F? i5 I r` ,0 r� V /JndeLground Tele. �` ° ..-Ve Iron Qod �� r,�o`4 111 0 '/L" Ion A:.:1::;::::\;;;,(8::.:548,,?.41cili:j.00,.6d .{ti Q rVL. cU iaFer,:. I_�c ) 4S2"W,59ov `r'� Z18 2—r'� r f ve Iran Qom N \ '/2"Iron Qad Fnd, oo ll II , .-I? II5 C A Le \ Cad • , \' PR* \ \ \ 13-1, �• � • • • 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 C25 ►� 2,41 � )%\ I° �o ilk ilh , . c 5, an \\4142- Culvert . 0 / � t. .� ' • ` 1v t 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 - . 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SN, . 4544 . . • Yam•` '+ - • � •• may+ • lie. . /Fr 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 -11- / 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 -12- 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 -13- /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 -21- �� '/1 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) . -22- (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 -23- 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 . -24- 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 . -25- 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 -26- 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. -2 7- ,! (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 -28- 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; -29- /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 . -30- (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. -31- / 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 . -32- • 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 -33- 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 -34- 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. -35- 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 -36- 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 -2- 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 -3- 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 -4- 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 -5- -2-/ 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. -6- 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 -7- 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 -8- (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 -10- 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 -11- 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 -12- 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 -13- 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 . -14- 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 -15- 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 -2- 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 -3- 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: t�.�P;i::l77,JJJo VI, -r I, r� � r Je 4, P11,1t-, AIL ?_4(---- ---,--' •: '--7:-.7:-'-- :•'-...??- ''74=-1 /4 , . 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- / %- . / I 1 • / 1/ \, / P,q1, I \) f / Q \.�/ CZbO / I / \, - // d iLOATING �j1/ \. PO0z 1 , // POUNTAIN / I / , o // LAKE, ` / -./ ' ...) / w 1 I /---4\,( . / ::i , (--. 0 (-1 7/ ' _- ________---- jff 1 .7 / 0 7- r/ / / 6 \ \ 71 , / / li i 41111kop, I I ce, RFC / , . . 1 1 1 ip J....--7,—___ I D J! I // Cif I i 1 ,1 // LAKE I / v.) ' *FLOATING 1 FOUNTAIN , Tye I ,� 1 ENTR-( - GtIAGE I / -- l / 7 f �i i Z'/ s7/ '�/ b (2ei _ � S MARK ET 1 7 0 9 i9 -_5" SI 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