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1990-03-27 CC Packet City of Southlake,Texas CITY OF SOUTHLAKE, TEXAS REGULAR CITY COUNCIL MEETING MARCH 27 , 1990 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6 : 30 p.m. 1 . Discussion of all items on tonight' s meeting agenda. REGULAR SESSION: 7 : 30 p.m. 1. Call to order. Invocation. 2 . Approval of the Minutes of the March 6 , "0 , City Council Meeting. t OLetArik101 ?A-it)(/‘11AXIA4h4 3 . Mayor' s Report. V1 AA � - l-e" .°4j) t* * 4. City Manager' s Report. 1 \ CONSENT AGENDA All items listed below are considered to be routine by the City , Council and will be enacted with one motion. There will be no separate discussion of items unless a Council member or citizen so request, in which event the item will be removed from the general order of business and considered in its normal sequence. REGULAR AGENDA 5 . Public Forum. 6 . Consider: Ordinance No. 501 , 2nd reading. Freeport Exemption. Public Hearing. 7. Consider: Ordinance No. 502 , 2nd reading, authorizing the issuance of "City of Southlake, Texas , General Obligation Refunding Bonds , Series 1990" . Public Hearing. 8 . Consider: Ordinance No. 480-14 , 2nd 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 the Commercial-2 -Zoning District. Owner: Burger and Eakins Custom Builders, Inc. Public Hearing. City of Southlake,Texas City Council Agenda March 27 , 1990 page two 9 . Consider: Ordinance No. 498 , 1st reading. Annexation of property known as Tract 1 , into the City of Southlake. 24 . 55 acres of land out of the R.D. Price Survey, Abstract No. 1207 . 10. Consider: Ordinance No. 499 , 1st reading. Annexation of property known as Tract 2 , into the City of Southlake. 3. 61 acres of land out of the C.B. McDonald Survey, Abstract No. 1013 , and the P.R. Splane Survey, Abstract No. 1453. 11 . Consider: Ordinance No. 503 , 1st reading. Street Lighting. 12. Consider: Park Fees, to be set by City Council. 13. Consider: Special Project Budget line item to do outfield fencing on field #2 at Bicentennial Park. Estimated cost of $4 , 000 . Bethann Scratchard. 14 . Consider: Requesting the Planning and Zoning Commission to amend the Zoning Ordinance for allowing portable buildings for certain zoning districts. 15 . Consider: Selection of Water/Wastewater Rate Consultant. 16 . Consider: Selection of City Hall Space Utilization Consultant. 17 . Consider: Street Priority List for Tarrant County. 18 . Executive Session: Pursuant to the Open Meetings Law, Article 6252-17 V.T.A.S. Section 2 (e) , 2 (f) , 2 (g0 . 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 Acquisitions. D. Return to Open Session. City of Southlake,Texas City Council Agenda March 27 , 1990 page three 19. Consider: Action necessary in regards to pending or contemplated litigations (Refer to posted list) 20 . Consider: Resolution 90-22 , establishing a committee to review the advantages and disadvantages of a "Court of Record" . 21 . Consider: Acquisition of land. 22 . Consider: Action necessary in regards to Personnel matters, including Boards and Commissions. (Refer to posted list) . 23. 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 30 , 1990 at 5 : 0 0 p.m. pursuant to the Open Meetings Law, Article 62 ma„l„V.T.A. S. •F 1. ndra L. LeGrand Y; City Secretary °�-. 'ems mou City of Southlake,Texas EXECUTIVE SESSION PERSONNEL The City Council may consider the appointment, employment, evaluation, reassignment, duties , discipline, or dismissal of the City Manager, City Secretary, City Attorney, Municipal Court Judge and City Boards and Commission Members. A complete list of the City Boards and Commissions are on file in the City Secretary' s Office. After discussion of any or all of the above, in executive session, any final action or vote taken will be in public by the City Council. PENDING LITIGATION The City Council may consider pending and contemplated litigation subjects. The following subjects may be discussed: 1. Jerry W. Crowder v. City of Southlake. October, 1988. 2 . Billie N. Farrar v. City of Southlake. June, 1988 . 3 . Ray L. Whitmore, Louis Messina and Marie J. Robinson v. City of Southlake. 1980 . 4. Russell Sivey v. City of Southlake. September, 1989. CONTEMPLATED LITIGATION 5 . Walter D. Garrett et. al. v. City of Southlake. 6 . Vibra Whirl v. City of Southlake 7 . Margaret Freemen Claim. January, 1990 . Litigation is, by nature, an on-going process, and questions may arise as to trial tactics which need to be explained to the City Council. Upon occasion, the City Council may need information from the City Attorney as to the status of the pending or contemplated litigation subjects set out above. After discussion of the pending and contemplated litigation subjects, in executive session, any final action, or vote taken, will be in public. If personnel issues or litigation issues arise as to the posted subject matter of this City Council Meeting, an executive session will be held. SLL 2/16/90 Ir CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 501 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR AN EXEMPTION OF PROPERTY DESCRIBE UNDER ARTICLE VIII, SECTION 1-j , TEXAS CONSTITUTION BEGINNING WITH THE 1991 TAX YEAR. WHEREAS, the City Council of the City of Southlake, Texas, finds that the exemption of 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 exempt 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 / ORDINANCE NO. 5o 10/ 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 Statement pertaining thereto; and declaring L an emergency. 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 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 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 % 1994 1995 % 1996 1997 . 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- 7 ., 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 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 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. -7- 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- . J� 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-l. 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 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- 2 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- 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- !]Y 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- 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- 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- --/D 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- 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- 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- _ 1� (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 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. -27- (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_ /7 —I S 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- (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- 7--/4 (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 9 2 4C -36- 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- 7 f 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- 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. 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- �I�4� (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- 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- 2._,2 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- 72c FIRST CITY, TEXAS-AUSTIN, N.A. P. 0. 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 K 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) 5925C -15- City of Southlake,Texas MEMORANDUM March 14, 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator 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. 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. Twelve (12) additional letters opposed to the requested zoning change were received on March 6 . None of these responses were from residents within 200 feet of the subject property. 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. On March 6 , 1990 , the City Council approved (3-1) the First Reading of Ordinance No. 480-14 with Commercial-1 instead of Commercial-2 zoning district. KPG/ew 5(1/ / P 210 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 b 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 Recoil 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 existing southerly right-of-way line of said F.M. Highway 1709; (2) THENCE South 89°5332" 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. al-a I - ` RESiHRR 100T \ TROPHY CLUB t, LAKE • 1 1 yl i ��/rotE� GRAPEVIti -•. ..� • �' W rg 15 'I ` i .. __101 JONI Ira - ; s MU i 1 o `. :� I . 1 POSSUM nun �COtSE�=ECR2M i ;'S Z tE01NlO LJ r. 7: i ®g `., W STLAKE v �xu��:':-`� 1 I ' =.,. Ramo`R W= - , ' �Ipus TWIT _-DEMDN COUNTY _ I • ,�rr s TRAIL MIARE ,�`_; TNOUSIINO OtSS (- • TA�INT COUNTY ; 1 • i —. aM. unn uNE _ DISTRICT BOUND 1r��rrrr w.c ���otYV� .�`�� >.rRr�rr>.. 0 o Y� a • �+, 10 23111.A\A id '• = 7 '.`'`SOUTRURE .1A`101 YJ• .- •• Ip is:3�A OOOO" , ,J • `TILE ®' �M.• IEStON F \ '• IV 3{L Wit% limo!,4 f �' as i Nht10*r• �1� ; re y 11111.1510E ON ltE1T woo Cf a+. a ® 1`, \ t gEsaNT Ot i'` UAW" R SLUE TEAL[?i r7 swoon MIN: �l- man' Wr▪ IJ W 1 Rrettlllrr 01 �+ 1 �� ` 11133:1111- oal �. ®. . 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I;on ': :t."ti�tOSS(;IYOEAS NAy�-glto ; /� CARRO E El w. =s t i C2 "ILDM000r!_ CHOOL VTStl q • .1 • 1 r MEAOOM T;,,l0 j 1 -I• �= \ LIST L__•'LOAENCF_�30 ;� OIE�NEK a • ! ( MISSId NN 1REa00` ] _, yt.' MOON •G' 'comma re I COPE I Lt1E NEMAY CT .,..,4 s" .g. -; 11 E C _ J xluslOE c 14 �W d LODGE IsAi s�� 'a 9 '�<, HALL 1111 _3i ae to `4,+;OIAMONO mil I� � • it �rr;' BICENTENNIAL'• FI - ti I 1.02 �� PARR �Y //D!-DLYO1 o'_ _:ONRSON AO _ r 1 ehog ` " �• S0U1KlIRE too_M 1 0n I109 `______"E Ma-F. j : I' •: I16 i Blk. 1 A 1 lila .3:. - • �)• Lot 25 Mai`CA✓li It ��'. ` GOOOE ^ Ep N AiRPOWT CT� "0 ' 'five ILNaC ' 3 ' _�t W I 1 < . i MIR/0M .—.,. eC AsR 1 = .MIEI CAEENM000 Y J• s " 1 e ____,- l eniF a- e 1 +IIUAA : 1= -��tC! ` > __ CONTINENTAL Il1G.• .3 _III. ��+ CONTINENTAL 3LY0_F L_ __ �7�'r Tell ._ _.._ _ .� -- E MENiART + 410 TS20 1 � i sT NANT_ot a4 +4 c e"_ r Y / �'LLER .y f`ti!'fir• .'� n e` 3 2 $. 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L.:_nzc 47 5z"a1,rn ° I �' `�`9' 1aoo•a.j Z182—r''` C 1 I %Iran Qai N \ ` /L'Iron Rnd Fnd. oO (J I '_1- e 5(_A 1.,, : I 50 \ 6,0 1 i � (1� I I• \ \ '\ , F- 7 4bwan ' ,atb. sr.346 CORPORATE ACKNOWLEDGMENT £ STATE OF TEXAS, • BEFORE ME, the undersigned authority OUNTY OF TARRANT on this day personally appeared Jim Burger, President and Richard Eakins, Vice President ,of Burger & Eakins ens tom Builders. Tne-_ , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Rt i rgta r & Rak i nm f u st-nm Rt 1 i 1 ap ra. T nr_ ,a corporation,that he/she was duly autho- rized to perform the same by appropriate resolution of the board of directors of such corporation and that he/she executed the same as the act of such corporation for the purposes and consideration therein expressed,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This day of 1A.D. 19_Eg _ be ;, KATHY LEVERETT • Not Publie,State f exas NOTARY PUBLIC r • )^ 0 STATE OF TEXAS .• *\S' my Exp.3-25-91 My Commission expires on the Commr J day of 19 • • • N tp c I 5, W .0 O p sr yC.I s 4 = em Ut Q to a.),,s r tI- 1,. r-i S. Gt Yti V O O O. • W w 44 Ut �-- N co d •el ° o E L t'CC CO O 0 pp N 3 OT •-•1 C o rA� pp O t/� m L tC E" W � F Wz wd a � c .0m p c W E" F 0 a o v, as Eli i 4-) 0 m o t0 f . " ,, y 4.1 Z I c 1 S. H °; ., 3 s; x a o42 CERTIFICATE OF RECORDING THE STATE OF TEXAS, } , COUNTY OF . lj 1 1 i i . I/ T0. . - • 1404.00.00 J.ai.o0.00 IsarortrE i00.ty _ . SSS'SY01'E rr__ _� _ fr 14,. .. ... "�— s.w ..it ..� - , L 4A4:A11 . l J a jln I I I I - 24.RCP• 65.00' \ 24'Cali' / 0 24'Jd y 1 404046.61 _ j :'0T7T'E OCT •4sQ' (I 4 .... . . t•.. . sswsa° 2% 315.33: ,• ..:4'C/T 'k .. 114Ys3'Ore 3(5.i4' nd9's.•Orr ilui 1{.01• 23.A IL SS1']S'0!7 • Fstor't ss.tr cs.00' 210 Wood 1405•00.00 0l®p 2 TOTE .. r-t-1 \1I 2\ LOT 2S io • 1 r' 115.00' I PI �� S 1404+T354 et °° 1 43 in 4412 *11436_.& • d -ilk v an �b ` ix ig � Culvert _ s: '%i i� 4 el. 12. • _ • NN . 1. t : ----CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-14 AN ORDINANCE AMENDING ORDINANCE NO. 480 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF .<71 / 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-1 DISTRICT IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO AND SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING.. A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000 .00) FOR VIOLATIONS OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. i 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 producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces , and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population; and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments , and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets , helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the City of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: -2- s 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-1 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 thisordinance 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. � /� r 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, i • APPROVED AS TO FORM: City Attorney City of Southlake 9 • Vllr VI VVU LI IIQl p I WACI7 -- MEMORANDUM March 23, 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Ordinance No. 498 , 1st reading. Annexing Tract 1 The next step to annexation of property is the 1st reading of the annexation ordinance. The City Attorney' s Office prepared the ordinance, which is in your packet. If you have any questions, please give me a call. LL/sl THE CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 498 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY INTO THE CITY OF SOUTHLAKE, TEXAS, BEING A TRACT OF LAND KNOWN AS TRACT NO. 1 OR THE MASSEY TRACT, AND MORE FULLY Ij AND COMPLETELY DESCRIBED IN EXHIBIT "A" HERETO; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER ADOPTED; DIRECTING THE CITY MANAGER TO UPDATE THE OFFICIAL CITY MAP; DIRECTING THE CITY SECRETARY TO FILE CERTIFIED COPIES OF THIS ORDINANCE WITH THE COUNTY CLERKS OF DENTON COUNTY AND TARRANT COUNTY, AND WITH THE STATE COMPTROLLER AND { SECRETARY OF STATE; PROVIDING THAT THIS ORDINANCE SHALL I BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas ("the City") is authorized to annex contiguous and adjacent property into the City pursuant to Section 1. 03 of the Southlake City Charter and Section 43 . 021 of the Texas Local Government Code; and WHEREAS, attached to this ordinance is Exhibit "A" , which shall be considered a part of this ordinance as though set forth in its entirety herein, and which is incorporated herein for all purposes, such Exhibit containing the following: (1) a service plan outlining the services which will be provided to the annexed area; (2) the legal description of the territory to be annexed and (3) two maps of the annexed area; and WHEREAS, the legal description, the maps of the tract to be annexed and the service plan shall be considered collectively in describing and identifying the tract in question; and 1 PL WHEREAS, the territory described in Exhibit "A" is not part of another city, is contiguous and adjacent to the present corporate limits of the City and is either surrounded by the City or is within the City's extraterritorial jurisdiction; and WHEREAS, the City Council conducted public hearings on the annexation of the herein described territory on February 20, 1990 and March 6, 1990 after publication of notice of the public hearings in the Fort Worth Star-Telegram, the official city newspaper and a newspaper having general circulation in the City and in the territory to be annexed, and all interested parties were permitted to be heard on the annexation; and WHEREAS, the annexation of the property described in the attached Exhibit "A" is being done to promote and protect the general health, safety and welfare of the persons residing in the area to be annexed as well as the persons within the corporate limits of the City of Southlake by providing the services outlined in the attached service plans as well as the protection afforded by the various ordinances, rules and regulations of the City; and WHEREAS, prior to the publication of notice of the public hearings, the City Council directed the City staff to prepare service plans that provided for the extension of municipal services into each area to be annexed, which plans have been on file with the City Secretary prior to the public hearings; and WHEREAS, the service plan attached hereto does not provide fewer services, nor does it provide a lower level of services in the area to be annexed than were in existence in that area at the time immediately preceding the annexation or which are otherwise - 2 - • available in other areas of the City with land uses and population densities similar to those reasonably contemplated or projected in the newly annexed area;and WHEREAS, this Ordinance was read in two consecutive regular City Council meetings after giving ten (10) days published notice of the second City Council meeting, which meeting provided for a public hearing and all interested persons were allowed to be heard at said meeting; and WHEREAS, all provisions of the Southlake City Charter and is Chapter 43 of the Texas Local Government Code have been complied with. li NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1 That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2 That the property described in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby annexed and brought within and into the corporate limits of the City of Southlake, Denton County and Tarrant County, Texas. li SECTION 3 That the owners and inhabitants of the area herein annexed shall be entitled' to all of the rights and privileges of other citizens and property owners of the City and are hereby bound by - 3 - C all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. SECTION 4 That the official map and boundaries of the City of Southiake, Texas, heretofore adopted and amended shall be and are hereby amended so as to include the aforementioned territory as part of the City of Southiake, Texas and the City Manager is hereby directed and authorized to perform, or cause to be performed, all acts necessary to correct the official map of the City of Southiake, Texas, to add the territory hereby annexed as 'required by law. SECTION 5 That the City Secretary is hereby directed and authorized to file certified copies of this Ordinance in the Offices of the County Clerks of Denton County and Tarrant County, Texas, and to send certified copies of this Ordinance to the State Comptroller and the Secretary of State. SECTION 6 This Ordinance shall be cumulative of all provisions of ordinances of the City of Southiake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of j4 this ordinance are severable, and if any phrase, clause, sentence 4 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 ji section. SECTION 8 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 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 ij 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 9 This ordinance shall be in full force and effect from and after its passage and it is so ordained. ii PASSED AND APPROVED ON FIRST READING by the City Council of the City of Southlake, Texas, the 27th day of March, 1990. is - 5 - PASSED AND APPROVED ON SECOND READING by the City Council of the City of Southlake, Texas, the 17th day of April, 1990. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: \slake\ord. 20 - 6 - EXHIBIT "A" TO ORDINANCE NO. 498 ti ANNEXATION SERVICE PLAN TRACT 1 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/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. 1 �� 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. 9-F 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 C'E 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 89°54' E. 788.7 feet to the POINT OF BEGINNING and containing 24.55 acres of land, more or less. 9-1/ 1. l i144 V- ��I IS .., �g�en 3� L Ar to 1L- M1 as ..�'+ _ ms --�.11. i s e .,.., F :- • ' p ■ ;1a, - t —•e T ... • — a.A61 • _ `e TA at . . • rt E,ZttAs t ._' S -TRW "ALA \ 2 . . . _}-.lam: ,l-lr.;; -=� : . - 1 �. - �4--f :t.-r .. �..5 -.ice° • i_,-:^ T�CAI "It 3/45Ae :-'•. - - ' . • . .. •. 4 - �' • .0 a "Tit Sb ItTM:. -. 12LA4 • Zil. x .., _ _: : +Ta aAq "Si 3A= ;. ; " Ta 3 4- 11 - ' _ Ta SA46 'A Z. - 'Mr? 3AN2 :: 4 SS►• PC w."rit .i ` Aim I,4A4 %N 3DI13 c - ,�:: ...a AL• .070 n• $.25a4 22 r., 'It E TO. 345 2C4 1/ 1 5AC / . - F. •\. ..- l .TR sst - S'4i ,\ Tl3E •S •1 FAKE SUR A-a04 s_Ina_ - (�lS4 A 4/ML•/CMl JL4S 3j/4 A-310 . ) - t jAS1►I � . /1.00S i 1 1.1 • a.u_a a MICR 3414 uypT .•3 :- 3 �1 4-n3a -- ... 44 44 1 k T - .4- - Ta A3A •• =c4L' I :+a M.19 4e, .. _—� 1 s.El7 rr1• .•. .•_: Tr 14 I . ..o ^ r--9 2a13 1 l.r ) . Tt.SG I `� 6 S I e'' � i 0 4�.4 5.4..4 S Ike w f •��r"1... a•----4-- \ •• ;2T \. •\.'�j Q t Tl 141 i . 2 4o•- 'TA 64.Lt.. v Lz - -- TRACT LOCATION MAP -- - z iL•.".'v to 2102-476 - (.400' 7.._-/ 2 g-- .. - _ - i \ ti _ _" --ram--- TARRAVNT _ -—----------- _ COIIf�TY_ COtRcr' _ , . s i .a` "-t ` i4 - . gil '..., 3__\ , >44 1211 I ��'ic�` • .. L- ` ` , Cam`' • r.• ' d • ri., 7•11 • \ ... II 16:11-It'll:C:0-- % •- . ... • 2.•!ae - _ _ - Y ass.. rpr 1 • 1 2t1• ••a• SOMA. ..a 811 . s `.- .P • J Olt - ' , 4.TING 1.5 �l.G. • �"ti' Ir D .a AC r • • _ ;; �"% Z� -- -- `tig.law t YNe. P 'r-• 4_ _ :I ,,w- tali " .ft, '' A 0 11 ' " - i 2 I: 18 ra•Ev �^° ` 1PI �v�yTf�'t t�S�� 811 • • `� 20 y ` .a \` 811 -.,G. y ....aj• $' • +S L• A '_• r \• ..• s ` Z •1 ''') 40 t%I. \ X 1.' \ . .` 12. ` 1 • fA:A 0 - _ '1 r /A . .-i '' $is PROPOSED WATER SYSTEM811_ er /► et Il2 \ /3 ' , • ,- ',.- . \ . 4 • - / . 8\ 4 • . - • \ de . -. • 0 2 @ 0.38°lo s--- .. ' • \\ 1 a._- - /_._ ....• . . „ ....... .. ..... .• . • \ 0 0.50°/0 \ 24" ® 0.36% - ••••- . • Y, :( & 0.36°/O '1 fiJ r • a. ,• t \ .. • • -AI •- . e':'.• . . --. . _ --.., )",— V ''''+....... • '..:Tif.--.',E*-.'d•-.!''..•:2';wsl• :- • ; I, • '. •••- z i '-1,• _...--' '„. ..-.. .'274.•'• > - ,.:"4.: . . / f'—yam1. _ .,fa.' w'"•,y :.5pjtS/O: y_• � t s ti- •�. N L� .:_.- '� �s 11 iiti� - . • p:40°l0•. \ . / _..l•N . . - - - • /' 6' ci: /_ i 10 �q '10 /o i 1 i / . _ ., '. _ . •---_ - •: .. �{, ~`'—.� C. it r ... ..; - _ :+� '1. i , 12' ®Q 0.66 /o \jt / �•' • I -:; �� !LAN ... \ - . 7p�opasED SEWER .. ./ . � .. :I City of Southiake,Texas MEMORANDUM ) March 23, 1990 TO: HONORABLE MAYOR FICRES AND CITY COUNCIL MEMBERS FROM: SandraL. LeGrand, City Secretary SUBJECT: Ordinance No. 499, 1st reading. Annexing. Tract 2 The next step to annexation of property is the 1st reading of the annexation ordinance. The City Attorney' s Office prepared the ordinance, which is in your packet. If you have any questions, please give me a call. LL/sl /f -1 cif , THE CITY 0 SOUTHLAKE, TEXAS ORDINANCE NO. 499 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY INTO THE CITY OF SOUTHLAKE, TEXAS, BEING A TRACT OF LAND KNOWN AS TRACT NO. 2 OR THE FINA TRACT, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" HERETO; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER ADOPTED; DIRECTING THE CITY MANAGER TO UPDATE THE OFFICIAL CITY MAP; DIRECTING THE CITY SECRETARY TO FILE CERTIFIED COPIES OF THIS ORDINANCE WITH THE COUNTY CLERKS OF DENTON COUNTY AND TARRANT COUNTY, AND WITH THE STATE COMPTROLLER AND SECRETARY OF STATE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas ("the City") is authorized to annex contiguous and adjacent property into the City pursuant to Section 1. 03 of the Southlake City Charter and Section 43. 021 of the. Texas Local Government Code; and WHEREAS, attached to this ordinance is Exhibit "A", which shall be considered a part of this ordinance as though set forth in its entirety herein, and which is incorporated herein for all purposes, such Exhibit containing the following: (1) a service plan outlining the services which will be provided to the annexed area; (2) the legal description of the territory to be annexed and (3) two maps of the annexed area; and WHEREAS, the legal description, the maps of the tract to be annexed and the service plan shall be considered collectively in describing and identifying the tract in question; and - 1 - WHEREAS, the territory described in Exhibit "A" is not part of another city, is contiguous and adjacent to the present corporate limits of the City and is either surrounded by the City or is within• .the City's extraterritorial jurisdiction; and WHEREAS, the City Council conducted public hearings on the annexation of the herein described territory on February 20, 1990 and March 6, 1990 after publication of notice of the public hearings in the Fort Worth Star-Telegram, the official city newspaper and a newspaper having general circulation in the City and. in the territory to be annexed, and all interested parties were permitted to be heard on the annexation; and WHEREAS, the annexation 'of 'the property described in the attached Exhibit "A" is being done to promote and protect the general health, safety and welfare of the persons residing in the area to be annexed as well as the persons within the corporate limits of the City of Southlake by providing the services outlined in the attached service plans as well as the protection afforded by the various ordinances, rules and regulations of the City; and WHEREAS, prior to the publication of notice of the public hearings, the City Council directed the City staff to prepare service plans that provided for the extension of municipal services into each area to be annexed, which plans have been on file with the City Secretary prior to the public hearings; and WHEREAS, the service plan attached hereto does not provide fewer services, nor does it provide a lower level of services in the area to be annexed than were in existence in that area at the time immediately preceding the annexation or which are otherwise 2 - ;s available in other areas of the City with land uses and population densities similar to those reasonably contemplated or projected in the newly annexed area;and WHEREAS, this Ordinance was read in two consecutive regular City Council meetings after giving ten (10) days published notice of the second City Council meeting, which meeting provided for a public hearing and all interested persons were allowed to be heard at said meeting; and WHEREAS, all provisions of the Southlake City Charter and Chapter 43 of the Texas Local Government Code have been complied with. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1 That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2 That the property described in Exhibit "A" , attached hereto and incorporated herein for all purposes, is hereby annexed and brought within and into the corporate limits of the City of Southlake, Denton County and Tarrant County, Texas. SECTION 3 ii That the owners and inhabitants of the area herein annexed shall be entitled to all of the rights and privileges of other citizens and property owners 'of the City and are hereby bound by ! - 3 - r /d - it all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. SECTION 4 That the official map and boundaries of the City of Southlake, Texas, heretofore adopted and amended shall be and are hereby amended so as to include the aforementioned territory as part of the City of Southlake, Texas and the City Manager is hereby directed and authorized to perform, or cause to be performed, all acts necessary to correct the official map of the City of Southlake, Texas, to add the territory hereby annexed as required by law. SECTION 5 That the City Secretary is hereby directed and authorized to file certified copies of this Ordinance in the Offices of the County Clerks of Denton County and Tarrant County, Texas, and to send certified copies of this Ordinance to the State Comptroller and the Secretary of State. SECTION 6 { This Ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7 It is hereby declared to be the intention of the City Council is that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence - 4 - '0_5- 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 8 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 9 This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED ON FIRST READING by the City Council of the City of Southlake, Texas, the 27th day of March, 1990. - 5 - PASSED AND APPROVED ON SECOND READING by the City Council of the City of Southlake, Texas, the 17th day of April, 1990. is MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: \slake\ord.21 - 6 - 1 /0 " � EXHIBIT "A" TO ORDINANCE NO. 499 ANNEXATION SERVICE PLAN TRACT 2 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. /'4 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. 1 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. McDC AID 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. D -// t y • - ______ }#4.6 e• 1 wet\ N. wriatral. O v...:,w N • a t.r / 1 �s�r 'cc+x .. (\.--- .. +.' TEAL*a t< ./II IC e t 1.........1.1114 r18�Cb ' ! tt tT1•/ �N sa-. 3 ritUNA 1 1 1 • t . -R 18, • 1 It 3w 4� T=Iw a .p.1813 1 r • ��t n ill V5 Bra a. r�ytK a tic Af ...s a 4•' i !e Rai 6411 • aaa. L .,. 7 I. ` •''c'7 .._y'i n.s.'""- a' rtil ,17 rsw i� ..d o Q� ntat p to c______:: 11 ... __________________________z. ►- TR ACT to- /2' 4. • • • N. N. • IL t. • s ; 2 } (2t� ti = Mr `s _ tt t . .to - N. _ . - _�.� ��2q •`,` �•1-moo Q 1 �. t. iik \ t _ � - . ♦ StiS 'l V -. o,2'"• � ��• 1211 .'"..\\: .-•7. . 7 N _ e" \, O Z; g PROPOSED 5 •_ ,. - I , . ♦ M.G. GROUND # `j eo y :: �\ W/PUMP PROPOSED '• r MINK I 8 ' `*Ale • 12 - ��� ` • • • _ - • • , • • • • • f y , PI r. t- - I . (2° j .L• ;;OOr r- • M Ir .. - + -k ..".ram 4 z> .. :-*,f- : t r. - .:Jt . • d1 • + � ` • • • ,...7 . ®�• - - • - •D(J;rg, t�E� - . i � • �� s.:�l°"' R,c= , PROPOSED WATER SYSTEM te �/ 3 °-• Y •t :� `mot: ; •' �F�p•�� ♦ . - ice ,....;-?le......-. . _ _ ice 1 •..• � t • `_ - I�►V • "gr. _-7 __.;,ram,. i ij r-si•_ - _ • "� - am._ v V ;1. i• ~ . .{_ '.+,, •'• .: - -= ._ 3=. -.'Sd- .•` =_a$r.r_, `°sue.---. -' `t-- __ =+ y' i itrn- • '•• i .. ..te% r f-. ♦ • • • • .4;00,000°. /•••"-, .: - .4 . ,t -t ..i., . ....:\ • r I - r- } '�• C-•fir f C�r - 3 --: �v t: a 1 ii .ji .` e l.. . F +. _ • o `F • Wit. —#•` gam@ 0.60-0 `.:1. IL \I.@ 0.6045/0 7• "(4 04 0/0/ c•' \4 ••••00, @ 0,.4 OCIk r.1< . • • \Ix:qv•• Q Ems... 8 @ 0.50% .4../ i - ..: .....' sr i............. • -:•—• I y 12'� - 1 . i 0.30% 1 C) //re.- /-' • ._ . e ., 0 le a ./ . _. 'IP .,• . . r-�Eo, -f PROPOSED SEWER PLAN a --/� MEMORANDUMllamas March 22, 1990 i TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Street Light Ordinance Attached is the proposed Street Light Ordinance that will regulate the location of street lights within the City of Southlake. The major points of the Ordinance are as follows: 1. Street lights may be installed within subdivisions but only at intersections. This ordinance does not make it mandatory to install street lights within a subdivision. Location of street lights on state highways will be determined by the Director of Public Works according to American National Standards Institute (ANSI) criteria. 2. The type of street lights will be 100 watt high pressure sodium or 175 watt mercury vapor lights mounted on metal poles. 3. The contractor/developer will be responsible for the installation of the street lights and pay for the first two years of operation (approx. $350 per light) . 4 . The street lights will be installed and maintained by an electric utility company. Please place this Ordinance on the agenda for the March 27, 1990 City Council meeting for consideration. AN) MHB/ew attachment CITY OF SOUTHLAKE XA INANCE NO. 503 AN ORDINANCE ESTABLISHING MINIMUM REQUIREMENTS FOR THE DESIGN, LOCATION, PLACEMENT AND INSTALLATION OF ALL STREET l { LIGHTS IN THE CITY OF SOUTHLAKE; PROVIDING FOR STREET LIGHTING ON STATE FRONTAGE ROADS; PROVIDING FOR ENGINEERING OF ALL STREET LIGHTS INSTALLED; PROVIDING FOR AN APPROVED CONTRACTOR OR LOCAL ELECTRIC UTILITY TO l` INSTALL THE STREET LIGHTS; PROVIDING FOR / FINANCIAL RESPONSIBILITY AND ARRANGEMENTS; `� PROVIDING FOR OWNERSHIP AND MAINTENANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A / SEVERABILITY CLAUSE; PROVIDING FOR / PUBLICATION IN THE OFFICIAL NEWSPAPER; AND / PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Southlake has determined that adequate street lighting is necessary in order to provide for safe traffic movement at night; in order to deter crime in neighborhoods; in order to promote the aesthetic appeal of neighborhoods and the city as a whole; and in order to otherwise preserve the public health, safety, welfare, and covenience of the citizens of Southlake; WHEREAS, the City Council of the City of Southlake finds that these street light regulations in this Ordinance are the minimum requirements necessary to adequately protect the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: I. GENERAL: All designs, plans , and specifications for street light installations shall, after review and comment by the electric utility to provide service to the street lights involved, be reviewed and approved by the Director of Public Works . Requests for approval of designs other than as required in this Ordinance must be made in writing to the Director of Public Works and approved by the City Council. II. STREET LIGHTING ON ALL STREETS: (A) Street lighting may be installed on local streets: -I- // oZ 1. At all intersections. 2 . At the end of all cul-de-sac and dead-end streets longer than 100 feet. 3. At all 90 degree changes in direction of the roadway. 4. At mid-block if the block is longer than 1200 feet. Mid-block lights will be equally spaced within the block. 5. At other locations designated on plans approved by the Director of Public Works. (B) The standard design for local streets shall consist of a mast-arm mounted, 100 watt high pressure sodium or 175 watt mercury vapor luminaire, mounted on a steel pole, using aerial or underground wiring; the mast-arm shall be mounted at a height determined in accordance with I (A) above to achieve maximum lighting efficiency, consistent with safety and achievement of desired lighting. (C) Existing wood utility distribution poles may be used when available at the proper locations. III. STREET LIGHTING ON STATE FRONTAGE/SERVICE ROADS: rx0c) aN Street light installation on any frontage road, service road, V or other roadway adjacent to an Interstate Highway, U.S. Highway, State Highway, or County Road will be determined by the Director of Public Works on an individual basis according to current American National Standards Institute (ANSI) criteria. IV. ENGINEERING: (A) Street lighting installations shall be in accordance with design criteria developed by the current American National Standards Institute (ANSI) and the National Electrical Safety Code. (B) The developer shall furnish to the City of Southlake, at his sole expense, an exhibit plat at a standard engineering scale of the proposed street layout design. The exhibit plat furnished to the City, if not prepared for the developer by the electric utility to provide service, shall be accompanied by such utility' s approval or comments. The proposed street layout design must be approved by the -teaQ--of ruby--:,' before construction of street lights can begin. 0A-V) (C) The developer shall provide all necessary utility easements required for the street lighting system on the final plat. -2- 1/- 3 t V. CONSTRUCTION: 4 (A) Installation of street lighting facilities shall be by a contractor employed by the developer which has been approved by the Director of Public Works, or the developer may contract with a local electric utility for such installation. (B) The developer' s contractor or an Electric Utility Company shall notify the Director of Public Works prior to starting any construction. (C) The developer' s contractor, as per V (A) , shall provide electrical service to each street light according to the approved plans. VI. FINANCIAL RESPONSIBILITY: (A) New developments: 1. Developer shall pay 100% of the required costs of installing street lighting and facilities to provide electric service to the street lights. 2. The developer will furnish the City with an estimate prepared by the utility to supply electric service showing estimated utility charges for street lights in the subdivision for two years. The 41- developer will pay the City the amount of the estimate prior to final acceptance of the subdivision. (B) Existing developments: 1. In existing developments where lighting has not been installed, the City will pay 100% of the costs to install the minimum standard design if: (a) The property owners will pay 100% of the installation costs of all street lights requested. (b) A majority of the adjacent property owners petition the Department of Public Works for a street light. (c) The property owners agree to provide the necessary utility easements for the electrical service to the light. 2. Property owners will pay the additional costs involved if other than the minimum standard design is requested by the petitioning citizens. 41 -3- / R 3. Installation ' of street lighting is subject to available of City funds for lighting projects. VII. OWNERSHIP AND MAINTENANCE: All street lights installed under this policy shall be operated and maintained by the electric utility company providing electrical service to such street lights in accordance with approved tariffs and service regulations. VIII.SEVERABILITY CLAUSE: 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 effect 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. IX. 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 fifteen (15) days before said hearing, 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. X. EFFECTIVE DATE OF POLICY: This ordinance will be effective from and after final approval by the City Council. -4- PASSED AND APPROVED FIRST READING ON THIS DAY OF , 1990. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: -5- s MEMORANDUM 3 -a - 0 / March 21 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Park Fees The Park Board has requested that the City Council establish the raw acreage cost of land on a per acre basis as per the Subdivision Ordinance. The Ordinance states "Annually, during its budget adoption process, the City Council of the City of Southlake shall establish a raw acreage acquisition cost figure to be used in calculating park fees. The Council shall, after reasonable study and investigation and based upon the best available information as to land and property values within the community determine what the cost would be of acquiring one acre of vacant land in a developing area of the community. This figure shall be the raw acreage cost under which all park fees are calculated for the budget year. " Please place this item on the agenda for the March 27 , 1990 City Council meeting for consideration. MHB/ew -�-- V ?:(k /0•4;?,„19 1 . MEMORANDUM '90 March 21 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Fencing for Ballfield #2 The Park Board has requested that the City Council consider installing a 6 foot chain link fence (approx. 700 ' ) for Ballfield #2. The fence would completely enclose Ballfield #2 and provide a double gate for equipment to enter and exit. Staff has received one quote from a contractor for $3,600. Staff is currently coordinating the installation of lights for this field. It is anticipated that the total cost of lighting the fields will be under $15 ,000 which is $5,000 under the $20,000 budgeted amount. Please place this on the agenda for the March 27, 1990 City Council meeting for consideration. die# MHB/ew City of South$ake,Texas • MEMORANDUM February 16, 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator Xteic SUBJECT: Special Exception Use for Temporary Building Selwyn School, 1060 East Highland Ms. Pat McCormick, Administrator for Selwyn School, asked if the school could be granted an extension of their Special Exception Use permit for a temporary classroom. Their current permit expires in October, 1990. She indicated that they could not afford to build a permanent structure at this time. If an extension could not be granted, she would have to cancel the class for the upcoming school year. I listened to the meeting tapes of September 20, 1988 and • October 4 , 1988. It appears that the Council expected a permanent structure to be built after the two-year permit expired. There was considerable discussion about the structure being modular in design and meeting the Industrial Housing Code standards. It was decided that the building was a permanent structure by definition, but it was to be temporary in use. I can find no provision in the zoning ordinance to allow her request. The only reference to temporary buildings is in • Section 34 , Accessory Uses. This section addresses construction and/or sales offices during actual construction. The school' s property is zoned Community Service which does not allow temporary structures as a permitted use. Section 44 . 12, permitted Special Exception Uses, does not list temporary buildings for any district. It appears that the zoning ordinance may need to be amended if the City Council chooses to encourage the use at all. As was pointed out during the public hearings, these types of structures are considered alternatives in many communities during times of rapid growth. Schools, municipal facilities, and many commercial businesses utilize them for an interim period. 411 KPG &elwyn County Day 8chool 1060 E.Highland St. Southlake.TX 76092 February 27, 1990 • City Council of Southlake _ 667 North Carroll Ave. Southlake, Texas 76092 To the City Council Members: This letter is a request to the Council that consideration ... for a change in the zoning ordinance be made to allow portable or modular buildings to be placed at schools whether they be private or public to provide adequate classroan space for school operation if the space within the present building or buildings is not sufficient. Selwyn Country Day School, a private Montesssori school, located at 1060 Highland Street, Southlake, was granted a Special Use Permit allowing a portable classroan to be placed in the backyard of the school two years ago. This permit 411 will expire in October of 1990. In order to continue the operation of the school, and accomodate the present enrollment and allow for growth, an extension of this permit or a change in ordinance to allow the building to stay would be appreciated. The time left on the permanent building lease is three years. The school would like to keep the building for this time so that operation may continue. Future plans are being made to determine if the school will buy the property we are now occupying, or move to the adjacent four acres that the school owns and build a new building. - Realizing there are certain procedures that have to be followed, I would be grateful if a decision could be made as soon as possible so that next year's enrollment can be calculated, allowing returning students to re-enroll and taking students who are presently on the waiting list. The future of the school rest in your decision. It is very apparent that a Montessori School is needed and wanted by the parents in this area. Your consideration will be greatly appreciated. Sincerely, 4- 71).. ?e;-- Pat McCormick, Administrator r c Lve 3-;3- 0 MEMORANDUM March 22, 1990 I r` TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Water and Wastewater Rate Consultant Selection Seven consultants submitted proposals for the Water and Wastewater Rate Study. They were as follows: 1. Reed-Stowe and Co. Dallas, TX 2. Freese and Nichols, Inc. Ft. Worth, TX 3. Joe M. Nall and Associates, Inc. Dallas, TX 4. Robert L. Krause, Consultant Ft. Worth, TX 5. Willis, Graves, & Associates, Inc. Austin, TX 6. Charles Binford, Consultant Plano, TX 7 . Deloitte & Touche Dallas, TX The selection committee (Rick Wilhelm, Sally Hall , Curtis Hawk, Renee Wheeler, Mike Barnes) selected three firms from the seven received and have interviewed the three consultants. The interview process was very informative and the committee members will be available for discussion at the City Council meeting. Please place this item on the agenda for the March 27 , 1990 City Council meeting. h446 MHB/ew MEMORANDUM March 27 , 1990 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Architectural Study of City Hall and Water/Wastewater Study On February 6 , City Council authorized the staff to request proposals for an architectural study of the utilization of space in City Hall, and also to request proposals for a water rate study for the City' s water/wastewater utility system. We proceeded with the RFPs and received five (5) proposals for the space utilization study, and seven (7) proposals for the water rate study. A committee consisting of Mayor Fickes, Councilmember Hall, Public Works Director Mike Barnes, and I interviewed each of the five firms who responded to our RFP for the space utilization study. Based upon our initial interview, we felt that one firm was more of a match to our particular need. We conducted a site visit with the firm and a number of its projects. A committee of Councilmember Wilhelm, Councilmember Hall, Public Works Director Mike Barnes, Finance Officer Renee Wheeler, and I interviewed the three respondents to our water rate study RFP who we felt most matched what we were seeking. Based upon our interviews, we would recommend the following to City Council: * For the Space Utilization Study - the firm of Allen/Buie of Longview, Texas * For the Water Rate Study - the firm of Freese and Nichols of Fort Worth The second choice of the committee for the space utilization study is the firm of Hahnfield Associates of Fort Worth. The second choice of the committee for the water rate study is the firm of Reed-Stowe and Company of Dallas. d Honorable Mayor and Members of City Council March 27 , 1990 Page 2 Under the provisions of the Professional Services Procurement Act, we are prohibited from awarding a contract for services based on the State' s competitive bid process. In the procurement of architectural or engineering services, the statute (Article 664-4) requires a two-step process as follows: 1. The initial selection shall be based on the demonstrated competence and qualifications of the firm who is to provide the services. 2. After a selection is made under the first step, we then shall proceed to negotiate a contract at a fair and reasonable price. If for any reason an agreement cannot be reached on the price, we are required to formally end negotiations with the first choice and proceed with negotiations with the second most qualified. Under the statute, negotiations shall be undertaken in this sequence until an agreement is reached. CE kb tatty Of 0001111dI , I CAd b e a 1.7 !' MEMORANDUM • Gr D Ale March 22 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Space Utilization Consultant Selection Five consultants submitted proposals for the Space Utilization Study. They were as follows: 1. Allen/Buie Partnership Longview, TX • 2 . Hahnfeld Associates Architects Ft. Worth, TX `3. Terry M. Harden Architects Dallas, TX 4 . Hidell Architects Dallas, TX 5. Ward Bogard Associates, Inc. Ft. Worth, TX All five consultants were interviewed by the selection committee which consisted of Gary Fickes, Sally Hall, Curtis Hawk, and Mike Barnes. Four of the firms were local with one of the firms from Longview. Mayor Fickes, Mayor Pro Tem Springer and Mr. Hawk made a trip to Longview to become more familiar with the quality of work of the Allen/Buie Partnership. The committee members will be available for discussion at the City Council meeting. Please place the selection of a consultant for the Space Utilization Study on the agenda for the March 27 , 1990 City Councilo meeting. # m MHB/ew / -/ City of Southlake,Texas • 4 MEMORANDUM March 22, 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 1,032 5 ,800 ' $43,500 / Oaks to S.H. 114 Highland St. - from S.H. 114 1,460 7 ,200 ' $54 ,000 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. * Could not obtain counters to make counts- would estimate the counts to be similiar to E. Continental at 1 ,452 VPD 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 has completed their paving on Shady Oaks. All receipts have not been received so a total cost of the project is not yet available. North Kimball Avenue was completed in January at a cost of approximately $22,000. / 7-i City of Southlake,Texas Curtis E. Hawk, City Manager March 2, 1990 Page 2 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. 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. MHB/ew rt -j MEMORANDUM March 23, 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution 90-22, Court of Record During the City Council meeting held on March 6 , Mayor Fickes suggested that a committee be formed to review the advantages and disadvantages of the City going to "Court of Record" . He also indicated that this Resolution be• placed on the next Council agenda. I have prepared the Resolution and attached the only application that I have received for this committee. If you have any questions, please do not hesitate to contact me. LL/sl moo-/ City of Southlake,Texas '-1 RESOLUTION NO.90-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, 'TEXAS, ESTABLISHING A COMMITTEE TO DETERMINE THE ADVANTAGES AND DISADVANTAGES OF SOUTHLAXE BECOMING A "COURT OF RECORD" . NAMING THE COMMITTEE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake currently has a Municipal Court System, where court is held each week for those cases which have been set for Court with the Court Clerk; and, WHEREAS, House Bill 1879 allows for the creation of a Court of Record, which is necessary to reduce the number of frivolous appeals taken from the Municipal Court and forwarded to the Tarrant County Criminal Courts. These unwarranted appeals abuse the criminal justice system and negate local enforcement efforts of the police department, fire department and code enforcement personnel; and, WHEREAS, the City Council of the City of Southlake wish to create a committee to explore the advantages and disadvanges of a "Court of Record" for the City of Southlake; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That all the above premises are found to be ture and correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2 . That the following citizens are hereby appointed to serve on the committee to explore the advantages and disadvantages of a "Court of Record" : 1. 2. 3. 4. 5 . Section 3. That the Committee, upon completion of their findings, will make a presentation to the City Council. Section 4 . That the appointments are to be effective on the day of approval of this resolution. PASSED AND APPROVED this the day of , 'any an vvuu nanv, I vnav Resolution 90-22 page two CITY OF SOUTHLAXE, TEXAS By: Gary Fickes, Mayor, ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney -) City of Southlake, Texas i r �� --3