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1990-04-17 CC Packet
City of Southlake,Texas CITY OF SOUTHLAKE, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17 , 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 April 3 , 1990 , City Council Meeting. 3 . Mayor' s Report. 4 . City Manager' s Report. CONSENT AGENDA • All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Council member or citizen so request, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consider: Resolution 90-24 , authorizing the Mayor to enter into a contract with Allen/Buie Architects , Inc. , for the Space Utilization Study at City Hall . 6 . Consider: Resolution 90-25 , authorizing the Mayor to enter into a contract with Freese/Nichols Consulting Engineers for the Wastewater Rate Study. 7. Consider: Resolution 90-26 , authorizing the Director of Public Works to proceed with advertisements for construction of the S-6 sewer line. 8 . Consider: Resolution 90-27 , approving the Land Use Assumptions to be used to develop a Capital Improvements Plan pursuant to which water and wastewater impact fees may be imposed. REGULAR AGENDA 9. a. Public appearance by C. I .S.D. officials concerning the May 19 School Bond Election. b. Public Forum. City of Southlake,Texas City Council Agenda April 17 , 1990 page two 10 . Consider: Ordinance No. 498 , 2nd 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 . Public Hearing. 11 . Consider: Ordinance No. 499 , 2nd reading. Annexation of property known as Tract 2 , into the City of Southlake. 3 . 61 acres of land out of the C.D. McDonald Survey, Abstract No. 1013 , and the P.R. Splane Survey, Abstract No. 1453. Public Hearing. 12 . Consider: Ordinance No. 480-11 , 2nd reading. (ZA 89-71) Zoning request for a 33 . 626 acre tract of land out of the Harrison Decker Survey, Abstract No. 438 , Tracts 1B1 , 1B1C, and 1B1B. Current zoning is Industrial-1 with a request for Industrial-2 Zoning District. Location: North of Highway 26 , across from Grapevine High School . Owner: Conoco Inc. / CITGO Petroleum Corporation. Continuation of the public hearing. 13. Consider: Ordinance No. 480-16 , 2nd reading. (ZA 90-05) Zoning change request for a 8 . 234 acre tract of land out of the J.J. Freshour Survey, Abstract No. 521 , being the northern portion of Tract 3J. Current zoning is Agricultural, request is for the Single Family-1 Residential Zoning District. Owner/Applicant: C.J. Brewer. Public Hearing. 14 . Consider: Ordinance No. 480-17 , 2nd reading. (ZA 90-07) Zoning change request and Concept Plan for a 32. 706 acre tract of land out of the W.W. Hall Survey, Abstract No. 695 , being the western portion of Tract 5 and 5A. Current zoning is Single Family-1 Residential , request is for the SF-20 . OA Residential. Owner: Dixtor International (U.S. ) Inc. Applicant: SouthView Joint Venture, Tom M. Matthews, Jr, agent. Public Hearing. City of Southlake,Texas City Council Agenda April 17 , 1990 page three 15 . Consider: Ordinance No. 480-18 , 1st reading. (ZA 90-09) Zoning request and Concept Plan for a 19 . 995 acre tract of land out of the Littleberry G. Hall Survey, Abstract No. 686 , Tracts 3F and 3G. Current zoning is Agricultural, request is for the SF 20 . OA Residential. The property is located on the north side of West Southlake Blvd. , approximately 800 feet west of Shady Oaks Drive. Owner: First National Bank of Grapevine. Applicant: Bass Development Company. Continuation of the Public Hearing. 16 . Consider: Ordinance No. 503 , 2nd reading, Street Lighting. Public Hearing. 17 . Consider: Ordinance No. 504 , 2nd reading. Authorizing and Directing the execution of the Trinity River Authority of Texas, City of Southlake Big Bear Creek Wastewater Interceptor Extension Installment Sale Amendatory Contract. Public Hearing. 18 . Consider: Resolution 90-28 , Establishing Park Fees for Fiscal Year 1989-90 . 19. Discussion: Continental Park Sewer Connection Fee Policy. 20 . Consider: Resolution 90-29 , Approving an Engineering Contract with Cheatham and Associates for S-6 Sewer Line. 21 . Executive Session: Pursuant to the Open Meetings Law, Article 6252-17 V.T.A.S. Section 2 (e) , 2 (f) , 2 (g) . Refer to posted list of litigations. A. Discussion: Pending or contemplated litigations. (Refer to posted list) B. Discussion: Personnel Matters , including Boards and Commissions . (Refer to posted list) C. Discussion: Land acquisition. D. Return to open session. City of Southlake,Texas City Council Agenda April 17 , 1990 page four 22 . Consider: Action necessary in regards to pending or contemplated litigations . (Refer to posted list) 23. Consider: Resolution 90-22 , establishing a committee to review the advantages and disadvantages of a "Court of Record" . 24 . Consider: Action necessary in regards to personnel matters, including Boards and Commissions (Refer to posted list) 25 . 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 Thursday, April 12 , 1990 at 5 : 00 p.m. pursuant to the Open Meetings Law, Article 6252-17 V.T.A. S . eeON�uuion,,,titt `eOv� �LA�F��`', Sandra L. LeGrand City Secretary - / HIIIIItttee • 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 . Vibra Whirl v. City of Southlake 6 . 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 4/10/90 City of South lake,Texas MEMORANDUM (� 1 April 11 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Space Utilization Study Consultant Contract Attached is the contract between the City of Southlake and the Allen/Buie Partnership for the Space Utilization Study. The contract price for the project is not to exceed $7 ,500 and the study is to be performed by June 12 , 1990 . All aspects of the request for proposal have been addressed and staff recommends approval of this contract. Please place this item on the agenda for the April 17 , 1990 City Council meeting for consideration. 4/0 MHB/ew Attachment City of Southlake,Texas RESOLUTION NO. 90-24 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREE- MENT WITH THE FIRM OF ALLEN/BUIE ARCHITECTS FOR A CITY HALL SPACE UTILIZATION STUDY. PROVIDING AN EFFECTIVE DATE. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That the City Council hereby authorizes the Mayor to enter an agreement with the firm of Allen/Buie Architects for a city hall space utilization study, in the form attached hereto as Exhibit "A" and authorizes and directs the Mayor to execute and deliver such agreement to Allen/Buie Architects, on behalf of the city. Section 2 . That this Resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED this the day of , CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary • APPROVED AS TO FORM: City Attorney City of Southlake, Texas THE AMERICAN INSTITUTE OF ARCHITECTS 41111 'AU-4 AM Document B161 • Standard Form of Agreement Between Owner and Architect For Designated Services 1977 EDITION This Document is intended to be used in conjunction with AIA Document B162,.Scope of Designated Services. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the day of in the year of Nineteen Hundred and BETWEEN the Owner: City of Southlake, Texas and the Architect: The Allen/Buie Partnership, Inc. 1000 Pegues Place Longview, TX 75601 For the following Project: (Include detailed description of Project location and scope.) Space Utilization Study for Southlake City Hall Southlake, Texas The Owner and the Architect agree as set forth below. Copyright© 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AR DOCUMENT B161 • DESIGNATED SERVICES AGREEMENT• NOVEMBER 1977 EDITION • AIA©• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 B161-1977 1 = 3 • • TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 safety precautions and programs in connection with th 'York, for the acts or omissions of the Contractor, Subco - 1.1 DESIGNATED SERVICES t :ctors or any other persons performing any of the Wo , The Architect's Designated Services consist of those or for the failure of any of them to carry out the Wor• in services agreed to be performed directly by the accordance with the Contract Documents. Architect, through the Architect by utilization of Outside Services, and by Coordination Services per- 1.2.6 The Architect shall at all times have access • the Work wherever it is in preparation or progress. formed by the Architect on services provided by the Owner, for and necessary to the Project, as 1.2.7 he Architect shall determine the amoun s owing identified and described in the Scope of Designated to the Contractor based on observations at the si e and on Services attached to and made a part of this evaluatio s of the Contractor's Applications fo• Payment, Agreement. and shall I sue Certificates for Payment in su amounts, .2 CONSTRUCTION CONTRACT ADMINISTRATION as provide• in the Contract Documents. PHASE 1.2.8 The is uance of a Certificate for Pay ent shall con- The following terms and conditions shall appl to stitute a repr:sentation by the Architect o the Owner, the relevant Construction Contract Administration based on the rchitect's observations at he site as pro- Phase services, if any, as may be included n the vided in Subpa :graph 1.2.4 and the dat• comprising the cope of Designated Services attached o and Contractor's Ap• ication for Payment, at the Work has 'ade a part of this Agreement. progressed to the .oint indicated; that to the best of the 1.2.1 Th Construction Phase will comment: with the Architect's knowledge, information a • belief, the quality award of t•e Contract for Construction and, t•:ether with of the Work is in ccordance with he Contract Docu- the Archite. 's obligation to provide servic; under this ments (subject to an -valuation of t e Work for conform- phase of the Agreement, will terminate w en final pay ance with the Contra Documents pon Substantial Com- ment to the C.ntractor is due, or in the ab ence of a final pletion, to the results .f any subs:quent tests required by Certificate for •ayment or of such due date, sixty days or performed under th- Contract Documents, to minor after the Date • Substantial Completion of the Work, deviations from the Con act Do uments correctable prior whichever occurs first. to completion, and to an spe fic qualifications stated in the Certificate for Payme t); :nd that the Contractor is 1.2.2 Unless other••'ise provided in this Agreement and entitled to payment in the .V•unt certified. However, the incorporated in the ontract Doc ments, the Architect issuance of a Certificate for 'ayment shall not be a repre- shall provide administ .tion of the ontract for Construc- sentation that the Architec .s made any examination to tion as set forth below .nd in t - edition of AlA Docu- ascertain how and for w :t •urpose the Contractor has ment A201, General Co •itions •f the Contract for Con- used the moneys paid on :cco t of the Contract Sum. struction, current as of th- dat- of this Agreement. 1.2.9 The Architect all be the interpreter of the 1.2.3 The Architect shall •.e a representative of the requirements of the Co tract Doc ments and the judge of Owner during the Construe 'on Phase, and shall advise the performance ther- nder by bo h the Owner and Con- and consult with the Owne . I .tructions to the Contractor tractor. The Archite shall render 'nterpretations neces- shall be forwarded through the Architect. The Architect sary for the proper e ecution or pro: ess of the Work with shall have authority to a• on be' .If of the Owner only to reasonable promp ess on written r.quest of either the the extent provided_i the Con act Documents unless Owner or the Co,tractor, and shall r.nder written deci- otherwise modified b written ins ument in accordance sions,within a re.sonable time,on all c •ims, disputes and with Subparagraph 1 .16. other matters i question between th- Owner and the Contractor rel. ing to the execution or .rogress of the 1.2.4 The Architect shall visit the sit- at intervals appro- Work or the i erpretation of the Contract Documents. priate to the stag; of construction or a- otherwise agreed by the Architec in writing to become :enerally familiar 1.2.10 Inter.retations and decisions of the • rchitect shall with the progr s and quality of the Wo and to deter- be consiste t with the intent of and reason..•ly inferable mine in gener.I if the Work is proceeding •n accordance from the •ntract Documents and shall be is written or with the Co tract Documents. However, e Architect graphic f. m. In the capacity of interpreter an. judge, the shall not b: required to make exhaustive o continuous Architec shall endeavor to secure faithful perfo ance by on-site ins'.ections to check the quality or qua'tity of the both th: Owner and the Contractor, shall not s ow par- Work. O• the basis of such on-site observations as an tiality t, either,and shall not be liable for the res t of any architec , the Architect shall keep the Owner inf. med of interp etation or decision rendered in good faith such the pr.:ress and quality-of the Work, and shall e deavor capa. ty. to gu. d the Owner against defects and deficiencies 'n the Wor- of the Contractor. • 1.2. 1 The Architect's decisions in matters relati : to ar 'stic effect shall be final if consistent with the inte of 1. The Architect shall not have control or charge of t Contract Documents. The Architect's decisions on . y a,d shall not be responsible for construction mea . her claims, disputes or other matters, including those 'n ethods, techniques, sequences or procedures, or fo •uestion between the Owner and the Contractor, shall b- AIA DOCUMENT B161 • DESIGNATED SERVICES AGREEMENT • NOVEMBER 977 EDITION • AIA® • ©1977 THE AMERICAN INSTITUTE OF-ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B161-1977 3 - • ,�Subject to arbitration as provided in this Agreement and 1.4 ADDITIONAL SERVICES the Contract Documents. The following Services are not included as Desig- 1.'.12 The Architect shall have authority to reject W• k nated Services unless so identified in Article 15. which does not conform to the Contract Docume ts. These Services and any other services identified as Wh:never, in the Architect's reasonable opinion, • is Additional Services in the Scope of Designated necessary or advisable for the implementation oft - in- Services attached to and made a part of this Agree- tent .f the Contract Documents, the Architect wil have ment shall be provided if authorized or confirmed author ty to require special inspection or testing •f the in writing by the Owner, and they shall be paid for Work i • accordance with the provisions of the Contract by the Owner as provided in this Agreement, in Docum- ts,whether or not such Work be then fa.ricated, addition to the compensation for Designated installed 'r completed. Services. 1.2.13 Th- Architect shall review and appro e or take 1.4.1 Providing services in connection with the work of other appro.riate action upon the Contractor'. submittals a construction manager or separate consultants retained such as Sho. Drawings, Product Data, and 'amples, but by the Owner. only for con ormance with the design c• cept of the 1.4.2 Making revisions in Drawings, Specifications or Work and wi the information given i the Contract 'other documents when such revisions are inconsistent • Documents. Si h action shall be taken ith reasonable promptness so •s to cause no delay. he Architect's with written approvals or instructions previously given, approval of a sp:cific item shall not ind cate approval of are required by the enactment or revision of codes, laws an assembly of which the item is a comp.Went. or regulations subsequent to the preparation of such docu- ments or are due to other causes not solely within the 1.2.14 The Archite t shall prepare C :nge Orders for the control of the Architect. Owner's approval a d execution in ccordance with the Contract Documents, and shall ha authority to order 4.3 Preparing Drawings,Specifications,supporting dat- minor changes in the ork not inv. ving an adjustment in an' providing other services in connection with Cha.:e Contract Sum or a extensio of the Contract Time Or• s to the extent that the adjustment in the Basic corn- thewhich are not inconsist- t with t intent of the Contract pensa '.n resulting from the adjusted Construction ost is Documents. not corn ensurate with the services required of e Archi- tect, provi•-d such Change Orders are require: by causes 1.2.15 The Architect shal co. •uct inspections to deter- not solely wi in the control of the Architect mine the Dates of Substant .1 ompletion and final com- pletion, shall receive and f• and to the Owner for the 1.4.4 Providing onsultation concerni : replacement of Owner's review written warr ties and related documents any Work damage. by fire or other ca e during construc- , required by the Contract Io,uments and assembled by tion, and furnishing ervices as ma •e required in con- the Contractor, and shal iss e a final Certificate for nection with the replac: ent of s Work. Payment. 1.4.5 Providing services .d. necessary by the default of 1.2.16 The extent of e duties, responsibilities, and the Contractor, or by major $efects or deficiencies in the limitations of authority of the A hitect as the Owner's Work of the Contractor, •.r b failure of performance of representative during 'onstruction hall not be modified either the Owner or .ntracto under the Contract for or extended without ritten conse•t of the Owner, the Construction. Contractor and the A chitect. 1.4.6 Providing :-rvices, other than .ose identified in 1.3 PROJECT REP'ESENTATION BEYO • the Scope of P-signated Services, after •ssuance to the DESIGNATE. SERVICES Owner of th: final Certificate for Payment, or in the ab- sence of a 'Ina! Certificate for Payment, mo - than sixty 1.3.1 - If the Ow er and Architect agree hat more exten- days afte he Date of Substantial Completion o he Work. sive representat'.n at the site than is de cribed in Para- graph 1.2 shall be provided, the Architec shall provide 1.4.7 Providing any other services not otherwise in uded one or more P oject Representatives to assis the Architect in is Agreement or not customarily furnished in acc rd- in carrying o such responsibilities at the sit- . ce with generally accepted architectural practice. 1.3.2 Such Project Representatives shall b- selected, 1.5 TIME employed -nd directed by the Architect,and th• Architect shall be c• pensated therefor as mutually agree. between 1.5.1 The Architect shall perform Designated and Addi- the Ow -r and the Architect as set forth in a• exhibit tional Services as expeditiously as is consistent with pro- append:. to this Agreement, which shall desc 'be the fessional skill and care and the orderly progress of the duties, esponsibilities and limitations of authority ,f such Work. Upon request of the Owner, the Architect shall Projec Representatives. submit for the Owner's approval a schedule for the per- formance of the Architect's services which shall be adjusted 1.3.3 Through the observations by such Project R:•re- as required as the Project proceeds, and shall include sen :tives, the Architect shall endeavor to provide fu er allowances for periods of time required for the Owner's pr ection for the Owner against defects and deficien 'es review and approval of submissions and for approvals of in he Work,but the furnishing of such project represen :- authorities having jurisdiction over the Project.This sched- ule,n shall not modify the rights, responsibilities or clang. ule, when approved by the Owner, shall not, except for ons of the Architect as described in Paragraph 1.2. reasonable cause, be exceeded by the Architect. l . AIA DOCUMENT B161 • DESIGNATED SERVICES AGREEMENT• NOVEMBER 1977 EDITION • AIA®• ©1977 4 B161-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 S 1 ARTICLE 2 wit currents n notice THE OWNER'S RESPONSIBILITIES thereof s e wne The following responsibilities will be undertaken by 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as ex- the Owner, in addition to those Services designated to be performed by the Owner and described in peditiously as necessary for the orderly progress of the the Scope of Designated Services attached to and Architect's services and of the Work. made a part of this Agreement. 2.1 The Owner shall provide full information regarding ARTICLE 3 requirements for the Project. CONSTRUCTION COST 2. he Owner provides a budget for the Proje a I 3.1 DEFINITION include co ' encies for bidding, chap ' the Work 3.1.1 The Construction Cost shall be the total cost or during construction, other co Ich are the respon- estimated cost to the Owner of all elements of the Project sibility of the Owner, i those described in this designed or specified by the Architect. Article 2 and in aragraph 3.1. . Owner shall, at the requ the Architect, provide a state of funds 3.1.2 The Construction Cost shall include at current e for the Project,and their source. market rates, including a reasonable allowance for over- head and profit, the cost of labor and materials furnished 2.3 The Owner shall designate, when necessary, a repre- by the Owner and any equipment which has been sentative authorized to act in the Owner's behalf with- designed, specified, selected or specially provided for by respect to the Project.The Owner or such authorized rep- the Architect. 'resentative shall examine the documents submitted by the ' Architect and shall render decisions pertaining thereto 3.1.3 Construction Cost does not include the compensa- promptly, to avoid unreasonable delay in the progress of .tion of the Architect and the Architect's consultants, the . the Architect's services. cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Article 2. '.4 The Owner shall furnish a legal description and c: tified land survey of the site, giving, as applica• e, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST gra.es and lines of streets,alleys, pavements and adjoi• ing 3.2.1 Evaluations of the Owner's Project budget, State- prop-rty; rights-of-way, restrictions, easements, encr•ach- ments of Probable Construction Cost and Detailed Esti- ments, zoning, deed restrictions, boundaries and c•ntours mates of Construction Cost, if any, prepared by the Archi- of the 'te; locations, dimensions and complete •ata per- tect, represent the Architect's best judgment as a design taining to existing buildings, other improve •ents and professional familiar with the construction industry. It-is trees; an. full information concerning avail..le service recognized, however, that neither the Architect nor the and utility lies both public and private, abo e and below Owner has control over the cost of labor, materials or grade, include•g inverts and depths. equipment, over the Contractor's methods of determining 2.5 The Owne hall furnish the service of soil engineers bid prices, or over competitive bidding, market or nego- or other consultants when such se ices are deemed tiating conditions. Accordingly, the Architect cannot and necessary by the A hitect. Such servi• s shall include test does not warrant or represent that bids or negotiated borings, test pits, soi bearing values percolation tests, air prices will not vary from the Project budget proposed, and water pollution t- ts, ground •rrosion and resistivity established or approved by the Owner, if any, or from any tests, including necessa operati•ns for determining sub- Statement of Probable Construction Cost or other cost soil, air and water condi sons, ' ith reports and appropri- estimate or evaluation prepared by the Architect. ate professional recommen•at'.ns. 3.2.2 No fixed limit of Construction Cost shall be estab- 2.6 The Owner shall fu "sh structural, mechanical, lished as a condition of this Agreement by the furnishing, chemical and other lab•rat• tests, inspections and proposal or establishment of a Project budget under reports as required by la or the Contract Documents. Paragraph 2.2 or otherwise, unless such fixed limit has been agreed upon in writing and signed by the parties 2.7 The Owner shal furnish all egal, accounting and hereto. If such a fixed limit has been established, the insurance counselin• services as ma. be necessary at any Architect shall be permitted to include contingencies for time for the Proje• , including such -uditing services as design, bidding and price escalation, to determine what the Owner may r:.uire to verify the C• tractor's Applica- materials, equipment, component systems and types of tions for Payme or to ascertain how or '•r what purposes construction are to be included in the Contract Docu- _ the Contractor uses the moneys paid by or on behalf of ments, to make reasonable adjustments in the scope of the Owner. the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed 2.8 The .ervices, information, surveys a•d reports limit.Any such fixed limit shall be increased in the amount required •y Paragraphs 2.4 through 2.7 inclusi - shall be of any increase in the Contract Sum occurring after execu- furnish-: at the Owner's expense, and the Archi -ct shall tion of the Contract for Construction. be en tied to rely upon•the accuracy and comp :teness ther:.f. 3. . e Bidding or Negotiations Phase has - menced within onths after c Itect submits 2.' If the Owner observes or otherwise becomes aw:re the Construction Doc Owner, any Project any fault or defect in the Project or nonconforman budget imit of Construction hall be • AIA DOCUMENT 8161 • DESIGNATED SERVICES AGREEMENT • NOVEMBER 1977 EDITION • AIA® • ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B161-1977 5 t djusted to reflect any change in the general level of• Expense of data processing and photographic - .rices in the construction industry between the date ductio chniques when used in connection ‘,• Addi- s bmission of the Construction Documents to the Own r tional Servic an. the date on which proposals are sought. • 5.1.4 If authorized I vance b e Owner, expense of 3.2. If a Project budget or fixed limit of Constru ion overtime work requiring hi than regular rates. Cost (adjusted as provided in Subparagraph 3.2.3) ' ex- 5.1.5 Expense of additional in nce coverage or ceede. by the lowest bona fide bid or negotiate pro- limits, includ' professional liability insur requested posal, he Owner shall (1) give written approval of an ) ct the ner in excess of that normally card the increas- in such fixed limit, (2) authorize rebi ing or and the Architect's consultants. renegoti.ting of the Project within a reasonable ti e, (3) if the Proje t is abandoned, terminate in accord.nce with ARTICLE 6 • Paragraph 10.2, or (4) cooperate in revising e Project scope and .,uality as required to reduce the instruction PAYMENTS TO THE ARCHITECT Cost. In the ase of (4), provided a fixed limit if Construe- 6.1 PAYMENTS ON ACCOUNT OF DESIGNATED SERVICES tion Cost has seen established as a condition .f this Agree- ment, the Arc,itect,•without additional char:e, shall mod- 6.1.1 An initial payment as set forth in Paragraph 14.1 is ify the Drawin: and Specifications as nece- ary to comply the minimum payment under this Agreement. with the fixed li it.The providing of such service shall be -6.1.2 Subsequent payments for Designated Services shall - the limit of the •rchitect's responsibility arising from the be made monthly and shall be in proportion to services establishment of •uch fixed limit, and h. ing done so, the performed within each Phase of Services, on the basis set Architect shall be .ntitled to compensa•on for all services forth in Article 14. performed, in aces dance with this • :reement, whether or not the Construct in Phase is corn enced. .1.3 If and to the extent that the Contract Time initiall -.tablished in the Contract for Construction is exceed: or extended through no fault of the Architect, compe a- • RTICLE 4 do for any Designated Services required for such exte.ded DIRECT SA ARY A •D DIRECT pert•• of Administration of the Construction C. tract PERSO NEL PENSE shall •- computed as set forth in Paragraph 14.4 fs Addi- tional Services. 4.1 Direct Salary Expense 's defined as the direct salaries 6.1.4 W' -n compensation is based on a per entage of of all the Architect's perso n I engaged on the Project, Constructio Cost, and any portions of the Project are but does not include the cos .f contributions and benefits deleted or • herwise not constructed, co sensation for related thereto, whether • :ndatory or customary, as such portions •f the Project shall be payab - to the extent described in Paragraph 4.2 .ni included in Direct Person- services are pe ormed on such portion-, in accordance nel Expense. with the schedu : set forth in Subparagraph 14.2.2, based 4.2 Direct Personnel E pense s defined as the direct on (1) the lowest :ona fide bid or neg.tiated proposal or, salaries of all the Arch' ect's pe .onnel engaged on the (2) if no such bid o proposal is recei ed, the most recent Project,and the portio of the cost of their mandatory and Statement of Probab - Construction ost or Detailed Esti- customary contributions and benefi. related thereto, such mate of Construction (ost for suc portions of the Project. as employment taxes :nd other stat tory employee bene- 6.2 PAYMENTS ON AC•OUNT 'F ADDITIONAL SERVICES fits, insurance,sick I-:ve, holidays,vacations, pensions and similar contribution• and benefits. 6.2.1 Payments on accou t • the Architect's Additional Services as defined in Para- aph 1.4 and for Reimburs- able Expenses as defined I• Article 5 shall be made ARTICLE 5 monthly upon presentatio• of e Architect's statement of IMBURSABLE EXPENS services rendered or exp. ses in urred. 6.3 PAYMENTS WIT ELD 5.1 Reimbur able Expenses are in additio to the Com- pensation fo, Designated and Additional ervices and 6.3.1 No deductio shall be mad: from the Architect's include actu.I expenditures made by the Arch tect and the compensation on - count of penalty, liquidated damages Architect's •mployees and consultants in the interest of or other sums wi held from paymen to contractors, or the Proje for the expenses listed in the following on account of t - cost of changes in th- Work other than Subparagraphs: _ those for whic the Architect is held lega liable. 5.1.1 E pense of transportation in connection ith the 6.4 PRO)E SUSPENSION OR TERMINATIO Project living expenses in connection with out-sf-town 6.4.1 If t - Project is suspended or abandoned it whole travel; long distance communications, and fees p.•d for or in par for more than three months the Arc,itect shall secur' g approval of authorities having jurisdiction over be compensated for all services performed prior ,• receipt the P oject. of wri en notice from the Owner of such suspe sion or aban.onment, together with Reimbursable Expens- then 5.1 Expense of reproductions, postage and handlin: of due -nd all Termination Expenses as defined in Paragraph D'-wings, Specifications and other documents, excludi g 10 If the Project is resumed after being suspende. for reproductions for the office use of the Architect and th- ore than three months, the Architect's compensation • rchitect's consultants. . all be equitably adjusted. AIA DOCUMENT B161 • DESIGNATED SERVICES AGREEMENT• NOVEMBER 1977 EDITION • AIA Q• ©1977 6 B161-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 U ARTICLE 7 9.3 The award rendered by the arbitrators shall be final, ARCHITECT'S ACCOUNTING RECORDS and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7.1 Records of R'imbursable Expenses and expenses per- taining to Additional Services and services performed on• ARTICLE 10 shall be kept on the basis of generally accepted accounting TERMINATION OF AGREEMENT principles and shall be available to the Owner or the 10.1 This Agreement may be terminated by either party Owner's authorized representative at mutually convenient upon seven days'written notice should the other party fail times. substantially to perform in accordance with its terms through no fault of the party initiating the termination. ARTICLE 8 10.2 This Agreement may be terminated by the Owner OWNERSHIP AND USE OF DOCUMENTS upon at least seven days' written notice to the Architect 8.1 Drawings and Specifications as instruments of service in the event that the Project is permanently abandoned. are and shall remain the property of the Architect whether 10.3 In the event of termination not the fault of the the Project for which they are made is executed or not. Architect, the Architect shall be compensated for all serv- The Owner shall be permitted to retain copies, including ices performed to termination date, together with Reim reproducible copies, of Drawings and Specifications for bursable Expenses then due and all Termination Expenses information and reference in connection with the Owner's as defined in Paragraph 10.4. use and occupancy of the Project. The Drawings and Spe- 0.4 Termination Expenses include expenses directly at cifications shall not be used by the Owner on other prof--t 'butable to termination for which the Architect is n.t ects, for additions to this Project or for completion of this ot erwise compensated, plus an amount computed •- a Project by others provided the Architect is not in default per.-ntage of the total Compensation for Designate. and under this Agreement,except by agreement in writing and with appropriate compensation to the Architect. Addi 'onal Services earned to the time of terminate'n, as follow : 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs durin• the Pre- requirements or for other purposes in connection with the esign, Site Analysis or Schematic Des'gn Phase; Project is not to be construed as publication in derogation of the Architect's rights. .2 10 .'ercent if termination occurs d.ring the De- sign so evelopment Phase;or ARTICLE 9 .3 5 percent if termination occurs .uring any sub- ARBITRATION sequent .hase. 9.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of or ARTICLE 11 relating to this Agreement or the breach thereof, shall be MISCELL• EOUS P' •VISIONS decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitration 11.1 Unless otherwise •.ecified this Agreement shall be Association then obtaining unless the parties mutually governed by the law of t'e pri cipal place of business of agree otherwise. No arbitration, arising out of or relating the Architect. to this Agreement, shall include, by consolidation, joinder 11.2 Terms in this Agreem: •t shall have the same mean- or in any other manner, any additional person not a party ing as those in AIA Docu en. A201, General Conditions to this Agreement except by written consent containing a of the Contract for Constr ctio current as of the date of specific reference to this. Agreement and signed by the this Agreement. Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an additional 11.3 As between the •arties to th Agreement: as to all person or persons shall not constitute consent to arbitra- acts or failures to a by either par to this Agreement, tion of any dispute not described therein or with any any applicable statute of limitations .hall commence to person not named or described therein.This Agreement to run and any alleg-d cause of action s'all be deemed to arbitrate and any agreement to arbitrate with an additional have accrued in . y and all events not I. er than the rele- person or persons duly consented to by the parties to this vant Date of Su.stantial Completion of t' - Work, and as Agreement shall be specifically enforceable under the pre- to any acts or allures to act occurring after the relevant vailing arbitration law. Date of Subs :ntial Completion, not later th. the date of 9.2 Notice of the demand for arbitration shall be filed in issuance of e final Certificate for Payment. writing with the other party to this Agreement and with 11.4 Th- Owner and the Architect waive all rig is against the American Arbitration Association.The demand shall be each ot -r and against the contractors, consultan agents made within a reasonable time after the claim, dispute or and e .Ioyees of the other for damages covered .y any other matter in question,has arisen. In no event shall the prop- ty insurance during construction as set forth the demand for arbitration be made after the date when insti- editi.n of AIA Document A201, General Conditions, ur- tution of legal or equitable proceedings based on such re as of the date of this Agreement. The Owner and he claim, dispute or other matter in question would be A• hitect each shall require appropriate similar waiv- s barred by the applicable statute of limitations. f om their contractors,consultants and agents. AIA DOCUMENT B161 • DESIGNATED SERVICES AGREEMENT • NOVEMBER 1977 EDITION • MA © •® 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B161-1977 7 S 7 r ARTICLE 12 ARTICLE 13 SUCCESSORS AND ASSIGNS EXTENT OF AGREEMENT 12.1 The Owner and the Architect, respectively, bind • 13.1 This Agreement represents the entire and integrated themselves, their partners, successors, assigns and legal agreement between the Owner and the Architect and representatives to the other party to this Agreement and to supersedes all prior negotiations, representations or agree- the partners, successors, assigns and legal representatives ments, either written or oral. This Agreement may be of such other party with respect to all covenants of this amended only by written instrument signed by both Agreement. Neither the Owner nor the Architect shall Owner and Architect. assign, sublet or transfer any interest in this Agreement without the written consent of the other. • • AIA DOCUMENT B161 • DESIGNATED SERVICES AGREEMENT• NOVEMBER 1977 EDITION • AIA®• ®1977 8 B161-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 • • ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect,and the other Terms and Conditions of this Agreement,as follows: 14.1 AN INITIAL PAYMENT of No dollars ($ 0.00 ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 COMPENSATION FOR DESIGNATED SERVICES 14.2.1 FOR DESIGNATED SERVICES, as identified and described in the Scope of Designated Services attached to and made a part of this Agreement, and any other services included in Article 15 as part of Designated Services, com- pensation shall be computed by the following methods for the particular Services so indicated in the Scope of Designated Services: (Here identify basis of compensation, including fixed amounts,rates,multiples or percentages, as applicable, and identify Phases to which particular methods of compensation apply,as appropriate.) • HOD A: MULTIPLE OF DIRECT SALARY EXPENSE Comp- •tion for services rendered by Principals and employees shall be based on a multiple of ( ) times their Direct Salary Expense as defined in Paragraph 4.1, and : consultants as described in Subpa :.raph 14.4.2. METHOD B: MULTIPLE OF : •ECT PERSONNEL EXPENSE Compensation for services rendere• • Principals and employees shall •- •ased on a multiple of ( ) times their Direc •- sonnel Expense as - - Ined in Paragraph 4.2, and for consultants as described in Subparagraph 14.4.2. • METHOD C: PROFESSIONAL FEE PLUS EXPENS Compensation shall be based on a Profe •nal Fee of dollars ($ ) plus corn - sation for services rendered by Pr ••als and employees based on a multi- ple of ( ) times their Direct (Salary) (Pe • nel) Expense as defined in Arti- cle 4,and for consult.- as described in Subparagraph 14.4.2. METHOD D: P ' ENTAGE OF CONSTRUCTION COST Co • sation shall be based on percent ( %) of the Construction Co defined • Article 3. METHOD E: STIPULATED SUM Compensation shall be a Stipulated Sum of Seven Thousand Five Hundred and no/100--- dollars ($ 7,500.00 )• $3,500.00 due upon completion of Analysis Phase; balance due METHOD F: HOURLY BILLING RATES upon completion and approval of Owner of Final Report. Compensation for services rendered by Principals and employees shall be based on the following hourly rates, and for consultants as described in Subparagraph 14.4.2: 1. Principals' time at the fixed rate of Seventy dollars ($ 70.00 ) per hour. For the purposes of this Article, the Principals are: Robert E. Allen, FAIA, and Jim Buie, AIA. 2. • • dollar -f$ per our.For the purposes • inc u e t ose in t o 3. Technical Level I time at the fixed rate of Thirty dollars ($ 30.00) per hour. For the • purposes of this Article, Technical Level I personnel include those in the following positions: -- Draftsmen and Clerical . al Level II time at the fixed rate of dollars ($ ) . r t e purposes o, • Technical Level II personnel include those in the fo salons: 5. Technical Level III time at the fixed r dollars($ )per hour.For the purposes of this A - ntcal Level.III personnel include those in 'n positions: MA DOCUMENT B161• DESIGNATED SERVICES AGREEMENT• NOVEMBER 1977 EDITION • AIA®• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B161-1977 9 // METHOD G: MULTIPLE OF AMOUNTS BILLED TO ARCHITECT ervices of consultants at a multiple of ( ) times the amounts bille. o the Ar •.tect for such services. METHOD H: Compensation s - be computed as follows: 14.2.2 Where compensation is based on a Stipulated .• or Perc- age of Construction Cost, payments for Designated Services shall be made as provided in Subparagra•• . .2, so that Compensation for each Phase to which such Method applies shall equal the following percents:- • he total Compensation determined by such Method: 1. Predesign Phase: percent( %) 2. Site Analysis Phase: percent( (1/0) 3. Schematic Design Phase: • percent( • %) 4. Design Development Phase• percent( %) • 5. Construction Docume • 'hase: percent( %) 6. Bidding or Negoti. '•n Phase: percent( %) 7. Construction •ntract Administration Phase: •: cent( %) 8. Postcon ction Phase: perc- ( %) 9. Sup- -mental Services: percent( %) 14.3 OR PROJECT REPRESENTATION BEYOND DESIGNATED SERVICES, as described in Paragraph 1.3, Compe .tion shall be computed separately in accordance with Subparagraph 1.3.2. 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.4 and identified in the Scope of Designated Services as Additional Services, but excluding Additional Services of consultants, compensation shall be computed based on Method F.1 Hourly Billing Rates as described in Subparagraph 14.2.1. (Above insert the identifying Utter and name of method o/compensation applicable to Additional Services of the Architect.) 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engi- neering services and those identified in Article 15 or in the Scope of Designated Services attached to and made a part of this Agreement, as part of Additional Services, a multiple of One ( 1 ) times the amounts billed to the Architect for such services. 1 . R REIMBURSABLE EXPENSES,as described in Article 5,and any other items included in Article 15 as Reim e Expen multiple of ( ) times the amounts expended b rchitect, the Architect's em s and consultants in the interest of the Project. 14.6 Payments due the Architect and un ' nder this Agreement shall interest from the date payment is due at the rate entered below, or in the absence there , the le prevailing at the principal place of business of the Architect. (Here insert any rate of interest agreed upon.) • • (Usury laws quirements under the Federal Truth in Lending Act, similar state and local consumer credit laws tiler regulations at the Ow nd Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this p n. Specific legal vice should be obtained with respect to deletion, modification,or other requirements such as written disclosures or waivers.) 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially,the amounts of compensation shall be equitably adjusted. • 14.7.2 b this Agreement have not been completed within ) months of the date hereof, through no auit • s o compensation, rates and multiples set forth herein shall be . AIA DOCUMENT B161 • DESIGNATED SERVICES AGREEMENT• NOVEMBER 1977 EDITION • AIA O" • ©1977 10 B161-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 f • ARTICLE 15 OTHER CONDITIONS OR SERVICES • 15.1 SCOPE OF SERVICES: The scope of services covered under this Contract shall include the following: A. Architect will analyze and evaluate space utilization presently used by employees and make appropriate recommendations for the most effective and productive- utilization of existing space conditions by moving departments from one section of the building to another or 'adding additional space. B. If additional space is required, the Architect will provide plan view *drawings showing proposed location'of expansion, alternate methods of construction, and projected cost estimates of alternatives. Type of • expansion is not limited to existing site. - C. Architect will familiarize themselves with the layout of the City of Southlake and recommend possible satellite fire station sites. D. Architect will analyze and evaluate the need for a new City Hall and recommend the following: 1. Projected size and date for new City Hall building; 2. Site and location of new City Hall building, including acreage required for building, parking requirements, etc.; 3. Utilization of existing City Hall (including additional space requirements recommended in report) after a new City Hall is built. 15.2 SUMMARY OF WORK PLAN: A. Initial Meeting: Architects meet with Owner's representatives to review scope of work, walk through facilities, and collect Owner-furnished plans, information, growth data, etc. B. Architect's Response: Update scope of work and provide report of initial meeting. C. Facilities Survey and Occupant Interviews: Architects review with Owner's representatives; measured drawings, if required; interviews with staff. D. Architect's Response: Report of survey for approval by Owner. E. Update data. F. Analysis: Architects analyze and evaluate: • 1. Adequacy of the existing facility; 2. Occupancy relative to existing facility; 3. Modifications to existing facility for efficient use;,. 4. Additional space requirements for five year growth; 5. Proposals for new facility if required and/or addition to existing facility; 6. Cost evaluations. G. ,Architect's Response to Owner: Preliminary sketches with cost estimates. H. Architect's Revision of Preliminary Recommendations. I. Presentation of Preliminary Recommendations and Data to City Council. J. Revisions and Update per City Council's directions. K. Final Presentation of Recommendations: 1. Report and Drawings of existing building space utilization; 2. Report and Schematic Plan of addition to existing facility (as applicable to findings) ; 3. - Report and Schematic Plan of. new facility (as applicable to findings) ; 4. Site recommendations; 5. Cost Estimates. AIA DOCUMENT 8161• DESIGNATED SERVICES AGREEMENT• NOVEMBER 1977 EDITION• AIA®'• p 1977 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W.. WASHINGTON, D.G.20006 6161 197J 11 r t , L. Ownei Furnished Data: 1. Existing plans (if available) ; 2. Existing site data; 3. Description of municipal services, departments and staff; . ' 4. Anticipated expanded municipal services;: 5. Population projections and characteristics 6. Staff:. written_ description of department-:services and functions (existing complaints/suggestions) ; • 7. History of existing facilities (architectural,. structural, • mechanical/electrical, if available) . • 15.3 ARCHITECT'S SUBMITTALS: Architect will•furnish schematic plans and descriptions as required for approval of the above. • • Architect shall prepare -and submit a Final Summary Report and recommendations including..drawings and descriptive data. Twenty-five (25) bound copies will be furnished by-the Architect on or before June 15, 1990. • 15.4 ADDITIONAL SERVICES: - ' Additional services shall not be performed by the Architect without the written consent of the Committee established as the Owner's representative. • • This agreement entered into as of the day and year first written above. - • OWNER ARCHITECT • City of Southlake The Allen/Buie Partnership, Inc. Southlake, Texas ' • - '-Longview, Texas •• AlA DOCUMENT B161• DESIGNATED SERVICES AGREEMENT• NOVEMBER 1977 EDITION• MA®• ®1977 12 B161-1977 - THE AMERICAN INSTITUTE OF ARCHITECTS:1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 20006 City of Southlake,Texas o p MEMORANDUM IffigNEEM April 11 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Water and Wastewater Rate Study Consultant Contract Attached is the contract between the City of Southlake and Freese-Nichols Consulting Engineers for the Water and Wastewater Rate Study. The contract price for the project is not to exceed $24 ,500 and the study is to be performed in 75 calandar days . All aspects of the request for proposal have been addressed and staff recommends approval of this contract. Please place this item on the agenda for the April 17 , 1990 City Council meeting for consideration. 410 MHB/ew Attachment City of Southlake,Texas RESOLUTION NO. 90-25 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREE- MENT WITH THE FIRM OF FREESE AND NICHOLS CONSULTING ENGINEERS FOR A WATER AND WASTEWATER RATE STUDY; PROVIDING AN EFFECTIVE DATE. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That the City Council hereby authorizes the Mayor to enter into an agreement with the firm of Freese and Nichols Consulting Engineers for a water and wastewater rate study, in the form attached hereto as Exhibit "A" and authorizes and directs the Mayor to execute and deliver such agreement to Freese and Nichols, on behalf of the city. Section 2. That this Resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED this the day of CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary • APPROVED AS TO FORM: City Attorney City of Southlake, Texas �rfJ' AGREEMENT FOR ENGINEERING SERVICES STATE OF TEXAS () COUNTY OF TARRANT () This Agreement made, entered into' and executed this the day of , 1990, by and between the City of Southlake, hereinafter called the "OWNER" and Freese and Nichols, Inc., hereinafter called the "ENGINEER" acting herein, by and through its representative, duly authorized so to act for and in behalf of said ENGINEER. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION I EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform professional engineering services in connection with the Project as stated in the sections to follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as. stated in the sections to follow. The Project shall include a Water and Wastewater Rate Study. SECTION II PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the ENGINEER and shall remain in force for the period which may reasonably be required for the preparation of the study and any required extensions approved by the OWNER. 1 SECTION III BASIC SERVICES The ENGINEER shall render the following professional services for the development of the Study: A. Establish a short and long range capital improvement program based on a review of information available from the OWNER and prioritize capital improvements to the water and wastewater system based on the ENGINEER's understanding of the technical design and operational aspects of these systems. B. Review historical levels of service and project future levels of service for the period Fiscal 1990-1991 through Fiscal 1994- 1995. This tasks involves an in-depth examination at the historical level of water and wastewater service, including considerations of population variations and weather conditions. . This task will be accomplished through a comprehensive review of available operational and production records for a three-year period. C. Analyze the historical financial requirements of the water and wastewater operation for the most recent three-year period in cooperation with the OWNER's staff. The OWNER's annual budgets and audits will be used to compare budgeted receipts and expenditures with the actual revenues and expenditures of each utility. The ENGINEER's analysis will give particular attention to the identification of related administrative and support activities that may not have been previously included in the revenue requirements. The analysis will consider the water and wastewater systems as totally separate for expense and revenue purposes, except for combined expenses such as administrative costs which can be allocated on a pro rata basis based on estimates of time spent for each service. An evaluation of the costs associated with service to various identifiable classes of customers and suggestions will be made for modifications to the accounting process that might improve this identification for future rate studies. The ENGINEER will review the existing and proposed contracts between the City of Southlake and Fort Worth and evaluate whether rates associated with contractual terms are adequate to meet current cost of services as well as future rate increases. 2 The ENGINEER will provide preliminary evaluation of the feasibility of impact fees prepared by others and determine if such a system can be used instead of future rate increases. The ENGINEER will project the annual financial requirements for the water and wastewater systems through Fiscal 1994-1995 for both operation and maintenance costs and necessary capital improvements. The ENGINEER will carefully analyze the future revenue requirements, taking into account available technical and planning reports. In the area of wastewater, specific considerations will be given to the capital requirements and operating expenses associated with the eventual connection to the Trinity River Authority system and operation of the pressure system. Projection of future operating cost will consider state and federal regulations, energy costs, and other anticipated changes. D. Analyze historical billings to determine the portion of the total revenue contributed by each customer class. Customer classes similar to those used by area utilities and those considering State Regulatory Commission requirements will be defined, to the extent that such classes are applicable to the OWNER. As a minimum, the revenues contributed by residential , multi-family, commercial , and industrial users will be identified although it is known that residential is the predominate class. By estimating how much revenue is expected from each class, rate structures by class will be adjusted to arrive at the total income amount necessary to support the operation for that customer class. E. Allocate the cost of providing service to each customer class for the purpose of designing an equitable rate structure. The proposed rates for providing services to each class of customer will be designed, to the maximum extent practicable, to reflect the actual costs of providing services to that class. F. Develop comprehensive rate design software that will parallel the water and wastewater studies. The software developed will be used to analyze the historical operation expenses and revenue requirements and to project future rates that will be presented in the final report. The software will be tailored to the OWNER's needs and will address relevant factors included in current rate design methodology. The software model will be made permanently available to OWNER for its use. Training of OWNER's staff on the use of the model will be accomplished during the development and utilization of the model during the preparation of this report. No separate training will be required after ENGINEER's submittal of the final report. 3 4� G. Meet with the OWNER in four (4) four-hour work sessions to develop a detailed understanding of the available engineering and financial information. Two (2) meetings will be conducted with OWNER's Steering Committee to disseminate information on anticipated changes in the rate structure. H. Prepare a final report summarizing the results of the water and wastewater studies and recommending rate structures for these services. Twenty-five (25) copies of the report will be provided to the OWNER. After delivery of the final report,, the ENGINEER will be available to make a presentation to the City Council on the study. SECTION IV ADDITIONAL SERVICES Additional Services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in the above described basic services, are described as follows: A. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. B. Preparing any required Operation and Maintenance Manuals or conducting operator training. C. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties, including the preparation of engineering data and reports for assistance to the OWNER. SECTION V RESPONSIBILITIES OF OWNER OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: A. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's 4 services for the Project. B. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. C. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including previous reports and any other relative data. D. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. E. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. F. Provide the following specific information: a. Annual budget working papers for each Utility Fund department. From these working papers, ENGINEER will get budgeted staffing tables and budgeted salaries. Since the ENGINEER will be building the multi-year plan from the detail level , including staffing tables and budgeted and actual salaries per full-time equivalents is necessary for the years 1988, 1989 and 1990. For the projected five-year period, ENGINEER will ask OWNER's operating departments to project staffing levels. b. From the above working papers, ENGINEER will receive the list of historical , budgeted capital equipment items, including furniture, fleet computers, etc. for the years 1988, 1989 and 1990. For the projected five-year period, ENGINEER will ask OWNER's operating departments to project equipment replacement and additions, including fleet, equipment, etc. 5 c. Vehicle information for the Utility Fund fleet and off-road equipment: 1. Vehicle Identification 2. Size 3. Date Acquired 4. Purchase Amount/Replacement Amount 5. Average Maintenance Cost d. Audit working papers showing year-end line item adjustments of the Utility Fund and the consolidation of the Work-In- Progress Sub-Fund, the Interest and Sinking Sub-Fund, the Revenue Debt Reserve Sub-Fund, and the Impact Fees into the Utility Fund Consolidated Financial Statements, including the income statements, the balance sheet, and the worksheet that shows the calculated water and sewer revenue numbers for the years 1988 and 1989. e. Comprehensive Annual Financial Reports for 1988 and 1889. f. Annual Budgets for 1988, 1989 and 1990. g. Line item details of the Utility Fund for 1988 and 1989. h. Official Statements and Revenue Bond Ordinances for all outstanding revenue debt issues, including G.O., if supported partially or totally by the Utility Fund. i . OWNER's most recent capital improvement plan covering the historical years and the project five (5) years, as well as any anticipated capital programs not in the plan. j. Monthly water purchases from the City of Fort Worth showing volume purchased and purchase cost for the years 1987, 1988, and 1989. k. OWNER's latest contract with the City of Fort Worth for water and TRA for sewer. 1 . Any pertinent information received from the TRA regarding an update of IRA's Five Year Plan for Sewer. m. Any pertinent information received from the City of Fort Worth regarding an update of Fort Worth's Five Year Plan for Water. 6 n. OWNER's most recent Comprehensive Future Landuse Plan and/or Comprehensive Master Plan (if available) . o. OWNER's latest financial policies. p. Volume data on utility accounts 1. By 12 months 2. By meter size 3. By customer class (Residential , Commercial , etc) 4. By volume bracket q. Necessary volume data to account for and reconcile to: 1. Water pumped and/or purchased 2. Sewer treated 3. Inflow/Infiltration 4. Water loss unaccounted for. SECTION VI COMPENSATION A. BASIC SERVICES: Compensation to ENGINEER for the work defined in Section III, shall be the lump sum amount of TWENTY FOUR THOUSAND FIVE HUNDRED DOLLARS ($24.500) . Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this contract will be added as necessary to the ENGINEER's compensation. Progress payments may be requested by the ENGINEER based on the percent complete. Requests for progress payments will not be more frequent than monthly. B. ADDITIONAL SERVICES: For Additional Services, the ENGINEER shall be paid based on• the Schedule of Charges shown in Attachment A. Payments for Additional Services shall be due and payable upon submission by the ENGINEER. Statements shall not be submitted more frequently than monthly. 7 If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's statement therefore, the amounts due ENGINEER will be increased at the rate of 1% per month from said thirtieth day, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. SECTION VII TIME OF COMPLETION The ENGINEER will commence work on the Project immediately upon execution of this contract. The ENGINEER shall complete the work in accordance with the following schedule: The final report will be delivered to the OWNER 75 days after the execution of this Agreement. The presentation to the City Council on the study will be scheduled after this period, if necessary. SECTION VIII OPINION OF PROBABLE CONSTRUCTION COST The ENGINEER will furnish an opinion of probable construction cost of the work, but does not guarantee the accuracy of such estimates. Opinions of probable construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance cost prepared by ENGINEER hereunder will be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgement as an experienced and qualified design professional . --It is recognized, however, that ENGINEER does not have control over the cost of labor, material , equipment or services furnished by others or over market conditions or Contractors' methods of determining their prices, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of the Report must of necessity be speculative until completion of its detailed design. Accordingly, ENGINEER does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by ENGINEER to OWNER hereunder. 8 SECTION IX OWNERSHIP OF DOCUMENTS All documents, including computer files, prepared or furnished by ENGINEER (and ENGINEER's independent associates and consultants) pursuant to this Agreement are instruments of service and ENGINEER shall retain an ownership and property interest therein. OWNER may make and retain copies for information and reference; however, such documents are not intended or represented to be suitable for reuse by OWNER or others. Any reuse by OWNER "or by those who obtained said documents from OWNER" without written verification or adaptation by ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. SECTION X ARBITRATION No arbitration arising out of, or relating to, this Agreement involving one party to this Agreement may include the other party to this Agreement without their approval . SECTION XI TERMINATION OF CONTRACT The obligation to provide services under this Agreement may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms thereof through no fault of the terminating party. In the event of any termination, ENGINEER will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. 9 SECTION XII SUCCESSORS AND ASSIGNMENTS OWNER and ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. This Agreement constitutes the entire Agreement between OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrument. SECTION XIII ATTACHMENTS The following Attachments are attached to and made a part of this Agreement: Attachment A - Schedule of Charges 10 This contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed this Agreement, the day of , 1990. ATTEST: CITY OF SOUTHLAKE Owner By: ATTEST: FREESE AND NICHOLS, INC. Engineer 11 �--j3 ATTACHMENT A SCHEDULE OF CHARGES Staff Members Salary Cost Times Multiplier of 2.3 Resident Representation Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveyors, clerks, laborers, etc., for time directly chargeable to the Project, plus Social Security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.42 times payroll . This factor is adjusted annually. Other Direct Expenses Actual Cost Times Multiplier of 1.15 Other direct expenses shall include printing and reproduction expense, communication expense, travel , transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons or agents other than staff members. A-1 City of Southlake,Texas received MEMORANDUM 1447 "76 April 12 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Public Works Director SUBJECT: Authorization to Advertise for Bids for the S-6 Sanitary Sewer Interceptor The construction plans for the S-6 Sanitary Sewer Interceptor is substantially complete. It is recommended that the Council authorize the staff to advertise for bids for the S-6 Sanitary Sewer Interceptor on April 22, 1990 and receive bids on May 15, 1990. A pre-bid conference will be held on May 8 , 1990. Please place this on the Council' s agenda April 17th for consideration. 1 r/� MHB/kb • �_ / City of Southlake,Texas RESOLUTION NO. 90-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS , AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO PROCEED WITH SEEKING BIDS FOR THE CONSTRUCTION OF THE S-6 SEWER LINE; AUTHORIZING THE MAYOR TO EXECUTE THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the plans for the S-6 Sanitary Sewer Interceptor line are substantially compete; and, WHEREAS, the City Council hereby authorizes the Director of Public Works to proceed with advertising for bids under the Local Government Code, Chapter 252 , Subchapters B&C, Competitive Bidding Requirements; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That this resolution hereby authorizes the Director of Public Works for the City of Southlake, to proceed with advertising for bids under the Local Government Code, Chapter 252 , Subchapters B&C, Competitive Bidding Requirements , for the construction of the S-6 Sanitary Sewer Line. Section 2. That this resolution is hereby effective upon its passage. PASSED AND APPROVED this the day of , CITY OF SOUTHLAKE, TEXAS By: Mayor Gary Fickes City of Southlake,Texas Resolution 90-26 page two ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas MEMORANDUM1/1" • April 11 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Public Works Director SUBJECT: Resolution Approving Land Use Assumption Last meeting of the City Council, April 3 , 1990, following a public hearing on the matter, City Council voted 5-0 to adopt the land use assumptions presented by the Capitol Improvements Advisory Committee, consultants, and staff. Chapter 395 of the Local Government Code requires the City to approve (or disapprove) the land use assumptions by ordinance or resolution within 30 days after the date of the public hearing. Resolution 90-27 is presented for City Council consideration in order to comply with the LGC. /111/4;fr MHB/kb Fir City of Southlake,Texas RESOLUTION NO. 90-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE LAND USE ASSUMPTIONS TO BE USED TO DEVELOP A CAPITAL IMPROVEMENTS PLAN PURSUANT TO WHICH WATER AND WASTEWATER IMPACT FEES MAY BE IMPOSED. WHEREAS, the governing body of the City of Southlake has appointed an Advisory Committee, as per the provisions of Chapter 395 of the Texas Local Government Code, to guide the development of planning, land use, capital improvements plan and impact fee information for the existing and future water and wastewater utilities; and, WHEREAS, this advisory information ultimately will be used by the City of Southlake in its evaluation and consideration of impact fee ordinances; and, WHEREAS, the City Council of the City of Southlake held a Public Hearing at the regularly scheduled session of April 3, 1990 , to seek public comment on the proposed land use assumptions and the general nature of the proposed capital improvements; and, WHEREAS, the City of Southlake made requisite public notice of such Public Hearing for three consecutive weeks in a general circulation local newspaper, the first such notice appearing at least thirty (30) days in advance of the proposed Hearing date; and, WHEREAS, the City of Southlake made publically available on or before the date of the first publication of the notice various information concerning the Public Hearing issues; and, WHEREAS, the City Council of the City of Southlake has received public testimony on April 3 , 1990 , from the general public, appointed representatives of the Advisory Committee, and technical consultants to the Advisory Committee; now, THEREFORE, BE IT RESOLVED, THE GOVERNING BODY OF THE CITY OF SOUTHLAKE hereby adopts on first reading on a non-emergency basis the attached land use assumptions which will be used to develop a capital improvements plan, pursuant to which water and wastewater fees may be imposed under the provisions of Chapter 395 of the Texas Local Government Code (e.g. , Senate Bill 336 , 70th Texas Legislature, as amended by Texas house Bill 1786 , 71st Legislature) . City of Southlake,Texas Resolution 90-27 Land Use Assumptions page two PASSED AND APPROVED this the day of CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas City of Southlake,Texas MEMORANDUM April 12 , 1990 TO: HONORABLE MAYOR FICRES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Ordinance No. 498 , 2nd reading, Annexing Tract 1 The final step for City Council in the annexation process, is the passing of the 2nd reading of Ordinance No. 498 , annexing Tract 1 into the City of Southlake. After approval, I will publish the caption of the Ordinance, and the property will at that time, be in the city. If you have any questions, please give me a call. LL/sl / —/ EXHIBIT "A" • TO ORDINANCE NO. 498 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. /✓ —02- 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. /o - 3 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 /VV TRACT NO. 1 12/21/89 BEING a tract of land out of the R. D. PRICE SURVEY, ABSTRACT NO. 1207, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at an iron pin, said point being 267.0 feet North of the Northwest corner of the J.W. Chivers Survey; THENCE North along a fence 956.6 feet to a set stone for corner; THENCE S 89°10' W. 1367.8 feet to a pipe for corner; THENCE S 87°58' W. 116.4 feet to an iron pin in the Easterly line of County Road No. 3016; THENCE S 43°40' E. along said Easterly line 117.3 feet to an iron pin at the beginning of a curve to the right; THENCE Southeasterly along said curve 236.6 feet to an iron pin at the end of said curve; THENCE S 35°06' E. continuing along the Easterly line of said County Road 812.0 feet to an iron pin for corner; THENCE N 89°54' E. 788.7 feet to the POINT OF BR INNING and containing 24.55 acres of land, more or less. is P - fat .0 Olv.r��r fuR �. .* _.. ,. _.may _ ii V . P . s alli .--...-10?... ...1* i• ' t�ire :;: . .. • ...\......,....7_,,....... • .. 0 to- "............-E.-11 1: •n. .. :. h°fir,: a --� �bO .tom y ��; , _ . rya k • 7;. y. . gelCy. • - • ,�.361t �. • g,2i M, ICI" 7 .r• [- 1r :,. . , ,b • Y-" • Hai�s• .10►. L' - ?4 j.ri_- 3• " 4c le ` . 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SEWER pLAN • I - \ „i • lam• _ . ... _ 12" !7Q 0.33% _ --r - 1 . li \ 1 • 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 AND COMPLETELY DESCRIBED IN EXHIBIT "Au 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 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 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 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 - 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 that the phrases, clauses, sentences, paragraphs, and sections of 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 section. SECTION 8 The City Secretary of the City of Southiake 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 Southiake. 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 Southiake, 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. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: \slake\ord.20 r ' - 6 - City of Southlake,Texas MEMORANDUM April 12 , 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Ordinance No. 499 , 2nd reading. Annexing Tract 2 The final step for City Council in the annexation process, is the passing of the 2nd reading of Ordinance No. 499, annexing Tract 2 into the City of Southlake. After approval, I will publish the caption of the Ordinance, and the property will at that time, be in the city. If you have any questions, please give me a call. 4 SLL/sl /k/ 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. / / f 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. /7- 3 EXHIBIT "A" TO ORDINANCE NO. 499 Annexation Service Plan Page 3 FIRE PROTECTION AND AMBULANCE SERVICE: The annexed are is currently and will continue to be provided fire protection and ambulance service by the central fire station until additional substations are required by development in the general area of this annexation. The additional staffing, equipment, and capital expenses will be incurred regardless of the annexation. SUMMARY: Fire protection, Police protection, Water and Sewer services to the area can be provided at no direct expense to the City under present policies, ordinances, and staffing levels. All other services can be provided via Franchise Agreement with TU Electric, Tri-County Electric, Lone Star Gas, Planned Cable Systems and Lakeside Sanitation, Inc. RECOMMENDED FOR COUNCIL CONSIDERATION: Curtis E. Hawk City Manager TRACT NO. 2 12/21/89 BEING a tract of land out of the C.B. McDONAlD SURVEY, ABSTRACT NO. 1013 and the P.R. SPLANE SURVEY, ABSTRACT NO. 1453, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at an iron stake in the Northerly Right-of-Way line of the St. Louis - Southern Railway Company, said stake being a Southwest corner of a 5.33 acre tract of land as conveyed to American Petrofina, Inc. by Inez Blevins by deed dated January 15, 1958, and recorded in Volume 3179, Page 593 Deed Records, Tarrant County; THENCE Southwesterly along said right-of-way line to a 3/4 inch iron rod as described in Exhibit 'B' to Annexation Ordinance #139 of the City of Southlake; THENCE North 0 degrees 23 minutes East 170 Varas (471.75 feet) along an east line of said Ordinance #139 to a 3/4" iron rod for a corner; said rod also being a common point in the South Boundary line of Annexation Ordinance #138; THENCE East along said South line of Ordinance #138 a distance of 666.65 feet to the PLACE OF BEGINNING, and containing 3.61 acres of land, more or less. ` hJo rf, K 4. �I w .43 r• . & 9 q s, izK TZ ir 1. a c\-- 7' , 4-js..4, . ...,\ • iiii,. 0 1 I I . • N fir `,.,. . r `" ll* •►tar • . fw Ana* . .ac« 4. ii .• S. � �ti N+�QK8 - wry ;. 11:12i � t[3ta i r g•NK ,,-.:- \,. . G • y. a. f" i a ` yam' �,• 102, 7.3 1.: � e TR 3f` 1110, W -It'eft, t; Tt Y1 2 tK RN .\Otz �• TOO rN fr ' •s \ti. . ,y, 3 • \\„, ....,, ---t.;..,..„:. ....46:::., v -f 1618L .n 1.ram -a M•.etr"��.y.�. .•si • T .�- 'L',yam, •-�p.4w "w- 7 t-t .- _ ... . rs.• re Ws p . la • -1••• Ji i .. -----"---.-----: . __------ 0 tkli• till AP jir,41 I.R AC/ L°CAlst . . iil . rl—...--(e9 • . . _ '� I. _._. _ •• - ,.c 1si L e • sc. emsl. ` �(- Pjfit 04RC,. - p% T'� '3• ': _ � :: _ tom ' _ Y �s _ :.; LLj11 L j211 5 s :,• - 02i ,• ,,> _ 1 — --- t2" - . o- ►_ �. • = �, PROPOSED 5 - _ %Na - , . MG. GROUND r • W/PUMP \ STATION . �. PROPOSE® L5• •�`� 4 y- ' • ' 8� �V SI OR. TANK ♦ - - - .., 1 211 , ,`.. 1.. i ;.-.•.... 40am • • • ...... t. • y \ •� e , . . _ • \ \• � s. \ •• E � + ♦ ✓ r • • .40E _ • ••• • - 6:45 i 14 ‘... - et. R s ar I S11 `` �� • PR�• •• w • _� �♦ S'! --- • L . =J • a • . ' •1 ._♦ . I f 3- '• :. ram,/ { .l - '. ,�� _ _ \ , lit ♦ f Ofi'.• elf4 �1 • PROPOSED WATER SYSTEM 7 I -,J \ y� '�` • ate. - - # . ) R1� if'+.' •:•....: -..:. • .Y.� ^ - -: S• J Cif^. '1� t ii ••• e @ 0.6d°16 �' • - _ r '• .. \. . ' a•• `' e V. ' r1 • -;... 1..r. - 1 - \ ,; i-,. ,. \ s : % --„. ,.,...:-•-• " ..... - L• • . ' w. + 1. • j .. / '\ •••• -"@" 04010/ . • . \"@ 0.606/0 r . .- \A /' -__ i (/per' o.40°/• 11...A -... !!! • ork. • • ...• i 1 C) . 7 itfiTtR. t.:1-•": . -- "6 040% % ".•. _ - p �g 01°!d � r '• V 12` ® 032 CYO • • • . ( .-: ..... • "••- . .. • • . . \(.7 •'e•f t . • es, I- 12 le 0 O,4s'. S' /• ... _, - . • 030°l0 ./../iP - 0 te @ ./ , • _ ._. SEWER P rti l A / PROPOSED . //-- THE CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 499 ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY NTO 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 HAW 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. h . . e City of Southlake, Texas ("t e 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 y 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 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 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 - 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 that the phrases, clauses, sentences, paragraphs, and sections of 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 section. SECTION S 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 - //-/3 -441= 4 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.21 - 6 - /�/ City of Southlake,Texas MEMORANDUM April 9 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 89-71 Zoning Change Request ZA 89-71 is a zoning change request for 33 . 626 acres out of the Harrison Decker Survey, Abstract No. 438 , Tracts 1B1, 1B1C, and 1B1B. The tract is located north of Highway No. 26 across from Grapevine High School. The owner of the tract is Conoco Inc. /CITGO Petroleum Corp. The current zoning is Industrial-1; the requested zoning is Industrial-2. The Future Land Use Map indicates industrial for the area. There were eighteen (18) letters sent to property owners within 200 feet. To date, there have been four (4) inquiries regarding this request: Mrs. Gollihugh, 1217 Timberline Ct. Mrs. Gutierrez , 1225 Timberline Ct. Mr. Brown, 1231 Timberline Ct. Mr. Qualls , 1237 Timberline Ct. They all expressed concerns regarding their safety being in such close proximity to the facility. Mr. Brown also complained of the noise associated with "the flare" . On December 21 , 1989 , the Planning and Zoning Commission approved (5-0) the Industrial-2 zoning request. On January 2 , 1990 , the City Council approved (3-2) the First Reading of Ordinance No. 480-11 . The Council strongly recommended that Conoco address the neighbors' complaints of noise associated with the thermal oxidizer ("the flare" ) . On January 11 , 1990 , Conoco, Inc. requested that the Second Reading of Ordinance No. 480-11 be tabled until the February 20 , 1990 meeting. On February 20 , 1990 , the City Council approved tabling the request until April 17 , 1990 to allow Conoco time to develop a plan on paper of how they intend to proceed. KPG/ew 'n ` 1 Mlcrl!:3 AND BOUNDS TRACT DESCRIPTIONS TRACT 1B1B Beginning at the northeast corner of the H. Decker survey, A-438 , Tarrant, County, Texas; thence south 8. 5 varas; thence north 80 degrees 4.'.5' west 367 varas; thence south 520.4 varas to the true point of beginning: thence south 368. 1 varas to the northwest right-of-way line if the S.L. & S.W. Railroad; thence north 54 degrees 35' east 423. 6 varas; thence north 0 degrees 23' west 122. 6 varas; thence north 89 degrees 45' west 345.4 varas to the true point of beginning, and containing 15.0 acres, more or less. TRACT 1B1C All that certain lot, tract or parcel- of- land located in the H. Decker Survey, Abstract 438, Southiake, Tarrant County, Texas, being a portion of that called 33. 63 acres. being a residue of a tract conveyed to Continernta]. Oil Company (now Conoco Inc. ) by deed recorded in Volume 3081, Page 248, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron pin set in the west line of aforesaid called 33. 63 acre tract for the southwest corner of this tract , said point of beginning being by description South 8 . 5 varas, north 1W degrees 45 mirii.rt.- west 367 varas, and south 520.4 varas from the northeast corner of aforesaid u. Decker Survey; Thence with the west line of said 33. 63 acre tract, and generally with Fl fence, north 00 degrees 11 minutes west 185 .0 feet to a 5/8 inch iron pin set for the northwest corner of this tract : Thence departing said west line , south 89 degrees 25 minutes 3U seconds east 470.0 feet to a 5/8 inch iron pin set for the northeast corner of this tract; Thence south 00 degrees 11 minutes east 185.0 feet to a 5/8 inch iron piny set for the southeast corner of this tract; Thence north 89 degrees 25 minutes 30 seconds west 470.0 feet to the place of beginning and containing some 1. 996 acres of land. TRACT 1B1 Beginning at the northwest corner of the tract known as 1B1B in the City of Southlake, Texas tax rolls thence south 89 degrees 25' 30" East 169.20 vary (470.00' ) ; thence south 0 degrees 11' east 66. 6 varas ( 185.00 " ) ; thence south 89 degrees 45 ' east 176. 20 varas ( 489 . 44' ) ; thence north U degrees 23" west 62. 62 varas ( 173. 94' ) ; thence due north 241 . 30 varas ( 67U_28' ) ; thence north 89 degrees 45' west 345 . 40 varas ( 859 . 44' ) ; thence due south 238. 44 varas ( 662.33' ) to the true point of beginning, and containing 16. 63 acres . -lore or less. • l.2,-3 I ..., ...,.. IWCSIPARK 1OUP \ TROPHY CLUB t`• SANB' LAKE RIDGI RD o GRAPEVINE ! t. E.••f•J o eO Gc�W R0 .- - ,-•} L.,�"f fI .l j ' 3 808 JONES RO cc f BOB 6 JONES ' 1b I I POSSUM HOLLOW f GOOSE W NECK 011I fAo •V,E '�' - 2 REDBIRD LN V •S 5 m o J(,�l� , SREAYfR W I! .o..Wd•. r j� 77 A SWAN A . _/�! ` S CRAKE D `a o E / D BLUEBIRD IN y.o,. • E /4MC9ffi'OR . I\''' DHSS 'DR" ea "'DRUM,. TROUT SOUTH `` .Y 'CRAPPIE TRAIL 1 •Y LAKE = THOUSAND OAKS TY X ° GIa. / I-------- ` NE SOUTH LAKE �_ ; DISTRICT BOUND ."�s .l 9�occlA'E� v� 13 Io SOLANA ! :SOUTHLAKE HARBOR NI 8� f---' _ .PK.E e•� -`LAKESIDE a - _'. �Q• BRIAR -A ar i, HARBOR :� ;y I• HILLSIDE AN :�AEAT WING LET e Y o $ - 2 CRESCENT OR XARBOK. BLUE TEAL CT �� I2 \ 3 SOUTHLAKE PI LW p CT BURNEY Z LN • I W ••-1 WOODLAND 00 WL• 1 LAMER(- S HILLTOP OR D° o W ®\ `SWEET ST c9 '�? e•BRAYEL RO N 3 AB�- e 3 ;W �'� a .,pi. OUNhSUN RD- o;6f1AVE�Q`Og all mom LA:. . IZ t I 17, a OFNE CT TAYLOA ST w' a I-I _ ��++o J5.�21 ETD Ip +�I DOVE ST_E ! �' 4 . fNERALO CIR. �, .1,m TYRA^'E I� DOVE - J ..u, -� a OV TA ROBIN a..._._.r�•-__ CARROLL .. y ��ON plot IU LN; o o M • HIGH SCHOOL - axr" 'L�o TT-LT r^ •MOCKINGBIRD LN IRITTANY CT : _ W " "o111YE BES1 f Fr-a 1- L� :z a S..f. o •2 < e• L�___- �-;,- R1M1TE L'T":- e ••% Dl PRIMROSE LN �9 ,/, • vc-i W;S�AIEET°p CEN C SUMMIT 9•:: '' i _� J'CAO. y 15 3 I ¢OAKLANE�N ly�7*'To 4 �; B MI o_ PLANTATION ORS J o 9' OAKLANE.S c • E` CHAISARWICK Q ' -I i .SLEEPY HO(( �K TR + " i _ 3 •• ,t1�PI�i I CAPROCK CT ti 3 ••j WAY �o ' 1,_� C o`�!t?°w -: `� .AAY(r ' o� j 2 iUM9LEWEEOCT'`�..a �Y S'i [ 1111 o` "'CYPRESS �•/ - W 3ROUNDUPTR \L4-4" i 'JO'OR WHISPERING LN ! \� 4N�F�IEi]S. m d LONGN09N TR ESTER / 3 30 £ 'CREEK S ALICE CT I ��,,°��E I J = 9'FORE$�LTI JACK D.JOHNSDN �$" is R THOMAS CT i l• ".,Pt LN f = n 1'HIDDEN a ELEMENTARY ��-s z 7 PANHANOLL:T iUR� �•.S (` Br OR 9O ••••= GLEN:. ' HIGHLAND goy• � HIGHUND ST_E ®�� ,�B BOX CANTO C�•CNpPLEGY`OEL OT' FAWKESROIKINGSW000 . OOB O �N�y �=: • MESA�E�•PH � � L OR • = .3.0 �0•� ,o DOVE CREEK l lI W __ES.,E c9OSS TIMBET'RA PEN : CARROLL + • =i.'j4 ((.f r -6t,,1, , , c MIDDLE x;L:A;' _ WILOw00D L : SCHOOL BF:CcA: -JI rFN 1EN 4,' ea !If, RAINTREE ON A•�Nd_ ��MEAOOW .B�9eT•p / e I a IENCEi AO,;` - GLEN .,- l LAKEW0000¢ OA --; 40Ep0 m -GREEN ROUGH OR - GLEN • _• ! 'MISSIp �IAMO OR z • o , �uj ='- I COVE 6• -N j LOPE HENRY CT 'O9 = u CITY e a „ROLLING HIIjN`. t HILLSIDE 02 -. • a LODGE �sAM sAe� -'�� y 2 e HALL ® 3T. _` 1L • �- .-- .. u x 1.RIVERSIDE i � TEy DIAMOND BLVD= 2 COLUMRUS'T a ::• o I� h BICENTENNIAL! +F94 •10.�1'VD` u oP� • MN BD�� .,_-'.z 1709 "' ;::UTNLAKF BLVD..W- 9I 0R - 1709 I :SOUTHLAKE BLVD..E . S� ,t= - - • i cI. a mC.9 I'¢ 4P s $ I' o fV/MF`K OAA rN- =I f((Fa - o ,� 7 o c ,o, o GOODE 'jr PINE PINE E 3 ; `WED. ac• I AIRPORT CT' G.T. 3 H m •.. 0 oI m i LILAC -_ - o'F£ o, o 1 v " . ..... ? EXCHANGE 5L.: m RAINBOW N MIC}EL GREENWOOD •? f. ST I /1NC2S•0 A CACF,P BRIAR o . u '• -- CDNi�EX1Al - ' CONTINENTAL F:VII w 3 c. CONTINE NT AI HLVO.�11V� y •'D • • . ..— N o cc CONOCO�=tNJC!0 3" / • ELMMENTARY U9Sl o pi/♦_ = HART ST W irogr `� ,,�1A "ice o /_G 6 e! 3 ; g o ,) • N �• . U. I;,N�RO i COLL th - 4 nnluiaaw.no� `K 1 �--..) S . al ul C G al 1I,,o TR 6E --__ rOb_ _. . ,6301 of I �. OQW S` A 5: AC GP-G Ir r. 10 4 1 7 c Gil‘' 1 • TRACT 2 13.308 8 T116F 4 0/ AC 1 2 3 ..---2 . o1itL11Fi1(A1• L!'i:jO' --- hi TR 1810 1T8 I Amber Pipeline Co. ,71 AC BC I c TR 1810N 1R ''1 .45 AC '1Ei MALT 3 g —___ Ecplorer Pipeline Co. a TR 1010A e .45 AL •Im% Tndustrin1-1 .--TR 10f0C, 1R TR 181A 777 .45 AC "6E4 15.6 AC AyTR 1815 .e gr C.R_Ybd gi! I Tr f TR .4 AI 46: 1 Industrial-1 y' R IB y TR J.R.MA�Aux (8'' TR 1817 .,in z colifOal 6" . I _ ._ TA I818 •1B Fina Oil and Chemical Co. ETA', M.M;'JAI:g- ba I TR 382 S TR 1833 ,•iB 5.33 AC .-' K. Jengs 6° 7R 3A TTi A1_8�,1-6- .fB - 1a.02 A(. 1 C TA In ,lB Agricultural u: GutiA.Az be in 181 I (Proposed Industrial-2) o TR 188A .4: 16.654 AC - Hgt58T1°C-- 68! m .4 AC NJ r tp Rhoades_- . i. 4� TR • IBBB .iB AC 6°: ZE.I,,AMTI nl In7nl Joe fCo A: �Ce '" I r Tr fu:u 4 TR 1131L I Fina Oil and Chemical Co. O'., ..c , P.E.011bMP;41 1.996 8 TH 4 S. 7 !�\� TR 1B7 .la 2 .11 al. y J \ - )J.11.34A511 __Z_____ _z_._._ . , Southlakv. EL) 5• TR aL .45 _AL Joe L. Wright in an Tract 1133 N GENTEP IR '1 Agrtculturu.l , Duck TS ,BIB E 15 Al; Grapevine City Limits I °% sk o spLAtIr • ZJ if S )AA A5 ..,7 I 28.66 p !Z_5 I . w I ,;7._ 3 1 456.50 VARAS (1268.06') S 00° 23' E 170.00 VARAS (472.22') 456.50 VARAS (1268.06') S 54° 35' W 26.38 VARAS (73.28') • NORTH 241.30 VARAS (670.28') N 00° 23' W 185.22 VARAS (514.50') F"'- _ ___ N 00° 23' W.-. N 00° 23' W 122.60 VARAS 62.62 VARAS (340.56') S �0 "_l (173.94') ognS v n° N , co S ,., , m 1nI i A ttl't n° !y o.. cc • DI cn . > Q• mot'`•„ .). 0 CC 0 o •1�• N� In ti•• . I O �I . 90 1 -_.__. 1n 0 14. 91 w!.: w• TRACT I (��f0 Z� V. Q 15.00 ACRES �, `� "� TRACT 3 (ve;)• 1.1 %•' S 66.6 00. 1VRS. CD OWNERS I16.63 ACRES _(185.00') U4 OWNER o� I CONOCO INC. 0 AND CONOCO. INC. vct ,.� I en � Zr- N..... I CITGO PETROLEUM CORP. N i > ' i lee > A JOINT VENTURE Tr a' • of V P.I.I nv, O V Cr cm � Op Q c3 9 �Q` 9�9�9s s 3I w I `'0' in I "0 cr) in ° c3,0 ml CJ1 zI crim (185.00') m I m N 66.6 VRS SOUTH 238.44 VARAS (662.33) N 00° I I' W Z Z SOUTH 368.10 VARAS (1022.50') P.O.!.• TRACT 3 •RO.S TRACTS 11 2 888.50 VARAS (2468.06') (conoco) Robert J. McCall Conoco Inc. District Engineer 3519 Patrick Street Transportation Lake Charles, LA 70605 (318) 475-4051 April 10, 1990 City of'Southlake c/o Karen Candy 667 North Carroll Avenue Southlake, Texas 76092 Subject: Flare Shroud Enclosed is a plot plan of our product terminal and the construction drawings for the shroud that will be built around our flare to abate the noise from the flame. Please distribute the drawings to the City Councilmembers for reference to our discussions on rezoning on April 17. Likewise, we will apply for the shroud construction permit after the meeting. If there are any other questions that you may have or specific details that you need, please feel free to contact me at any time. I can be reached at (318) 475-4051. Sincerely, ?-(cc_ 0-4 R.J. cCall District Engineer Enclosures s13/rjm 1•Z- 7 "dik SOUTHLAKE PRODUCTS TERMINAL rX X X X X X X X X� x I lcI 680 645 I X 128' DIR. ®2. Ow. X L Tx x x x- x x I 0 -.4.--.1 x 608 I 95' DIR. x 611 604 I x 7B' DIR. 85 Dom. x 610 0 I OWATER zz °�' ,� x I 22' DIR. x , INCOMING X I MANIFOLD X I _ S SUMP R ���PROPOSED WAREHOUSE 0 -�- X re SHROUD P / FLARE IIIIIIII II /+ ® /+X X I j+ X + TERMINAL +/ // X BFFICE O q /� i X 1j / t. /j I x ,. e '.. ' 7 , X • i I !z-s ' S EOUAL SPACES IiA I :::::. •SEE T9 1�I--t-_- ___- 1n1/•t. 'r' _ r • 1I __.r II} • 1, p 1• .• jr, • O - III n I/l1411 .,: 1' d„ \• li i :Y / Il i i ! II i ' I - •� FASTEN PLATES TOGETHER I, i ••i a•••••a:•?••a •- a ••••a •• a AFTER ERECTION WITH I'* - f •. • . .• • , .••-••• .• • •.i• fir" \I '/•DIA. •1'SELF TAPPING 1; �• •1, �• 0• \ -SCREWS.110 PLACES)— I ;�. • •••• ••••a -•• 1•••a .••••� •••••• 1 11i m Alis•• • ,1 I:1 I •••a•• '•; • •: • ••a I;I \\R\ i'• i / i. q� _---- 11 i 0 -i . di •• ��• •.'. • ..• Ti'DIA.W RA • • LY.BOLTS. ^ . { •• • •3 •A •. •A•S 3 R O.EA.POLE �•1 .•a.••••a •••a .•••a •••� .r IO'.EEyp�•SLOTTED /•t . • • • i.• • • ' • • • HOLES IN BOTH t•S) 1 i :•.•• • . I EXIST.FOUNDATION EXIS'.FLARE T PLAN - N•DIA.GALA.BOLT 3-.3,.1/•GALA.#3, - CURVED SO.'MASHER V/� DIA.1')A E. EXISTING GRAIIC BY A.B.CHANCE' POLEAl ! ) IHvEOI • WLY.F)Al WASHERS 'N ADJUST NUTS AS REO.O. DVS / . 6 PEN O'0.l ACHLOROPHENOL. TO CORRECT FOR POLE � PLUMBNESS/STRAIGHTNESS. 1►111'I I *OW• Fa EA1.OMA:+Ir r„ m IEU OATS °EWP S M H CM n�1p1 /'ROLI FO t r NOTE.POLE IS a•MIN.DIA. CC Npp d c• 'l 7• UI�B'F FROM MIN. ENGI RTNAr,IEPCAMit RENT 1.f, • )/•ROLLED t T • BOTTOM DF POLL . SOIfMAAE.11 I T 5►1{� FLARE S PR*SIC mom. - • SCOUT/LAKE. TEXAS 4SECTION o! - '.I • ••• tODETAIL uiila.uo I-' TYPICAL G PLACES TYPICAL a PLACES rAAaw.rn NO.TP-g99'9001-ST-00l-0 ,"';1 I_. . 1IE `�• CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-11 AN ORDINANCE AMENDING ORDINANCE NO. 480, THE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 33. 626 ACRE TRACT OF LAND OUT OF THE HARRISON DECKER SURVEY, ABSTRACT NO. 438 , TRACTS 1B1, 1B1C, AND1B1BI. AND MORE FULLY AND COMPLETELY DESCRIBED IN EXIBIT "A" FROM INDUSTRIAL-1 ZONING DISTRICT USES TO INDUSTRIAL-2 ZONING DISTRICT USES IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO, WITH THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE, CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING SEVERABILITY CLAUSE; DETERMINING THAT T PUBLIC INTEREST, MORALS AND GENERAL WELFA E DEMAND THE ZONING CHANGES AND AMENDMENTS HERE N MADE; PROVIDING A PENALTY NOT TO EXCEED THE {t/I OF TWO THOUSAND DOLLARS ($2000 . 00) AND SEPARATE OFFENSE SHALL BE DEEMED COMMITTED U 0 EACH DAY DURING OR ON WHICH A VIOLATION OCC RS, AND PROVIDI AN—EFFECTIVE— WHEREAS , the City instituted a zoning case to amend the official Zoning District Map of the City of Southlake, Texas, as required by State Statutes and the Zoning Ordinance of the City of Southlake, Texas , and all the legal requirements, conditions and prerequisites have been complied with, the case having come before the City Council of the City of Southlake, Texas, after all legal notices, requirements conditions and prerequisites having been complied with; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites, safety from fire hazards and damages,, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the over-crowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council of the City of Southlake, Texas did consider the following factors in making a determination as to whether the requested changes should be granted or denied, effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on adequate light and air, the effect on the transportation water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, facilities the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the City of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1 . That Ordinance No. 480 , the Zoning Ordinance of the City, of Southlake, Texas , passed on the 19th day of September, 1989 , as originally adopted and amended, is hereby amended and changed in the following particulars and all other existing Sections, Subsection, Paragraphs, Sentences, Definition, Phrases, 72- `/ and Works of said zoning Ordinance are not amended, but remain intact and are hereby ratified, verified and affirmed. A. That the allowed use of a certain tract or tracts of land being approximately 33. 626 acre tract of land out of the Harrison Decker Survey, Abstract No. 438 , Tracts 1B1, 1B1C, and 1B1B and more fully and completely described in exhibit "A" from industrial-1 uses to industrial-2 Zoning District uses in accordance with the exhibit attached hereto, and incorporated herein, and with the specific requirements contained in the Ordinance. Section 2. The City Manager is hereby directed to correct the official zoning district maps of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets, to provide adequate light and air, to present over-crowding of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made with reasonable suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. This ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon ✓' - conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000 . 00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8 . The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City, creates an emergency for the immediate preservation of the City of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED on the 1st reading the L.2 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 City of Southlake,Texas MEMORANDUM January 15, 1990 TO: COUNCILMEMBER SALLY HALL FROM: Sandra L. LeGrand, City Secretary SUBJECT: Requested Information/ Conoco Sally, as you requested, I have researched the Building Permit File and also, the dates in which the lots in Southlake Mobile Home Park were first occupied (near the Conoco Terminal) . Attached is a plat showing the lots in the Southlake Mobile Home Park, especial the lots on the end near the Conoco Terminal. The "release date" on the plat, indicates the date that a water tap was released for the property, when the property was first occupied. Building Permit File: 1) Building Permit for type 2-N Vapor Combustion Unit/ Flare was issued on June 13 , 1988 with a value of construction at $60 , 000.00. Also in the file was a letter from the Texas Air Control Board in reference to the amendment to Permit #R-9008 (replacement of vapor recovery unit- smokeless flare) setting out the criteria for installation. This letter was dated November 16 , 1987 . 2) Building Permit for Replacement of VRU Issued September 29 , 1982 with a value of construction for $44 ,000 . 00 . 3) Building Permit for Pre Fab Steel issued on September 22 , 1981 with a value of construction for $32 ,000 . If more information is needed, give me a call and I will attempt to locate. Putt,e. OPti4eAu SLL/sl i -/ / ON .� I �? i C�rs2•1.Y pitd1-"1-:<1, 4pti• II ����� 1 ,.;,g°4ff°: I cc; K I. -- ?cam q-� �, I ,�• h . .. ,, -- I "il ia 1:a, , Ip % 0 1.,,u,-,,,,, *Ndd/� 1'�9 SSE. �� Q .,,. IA !: .-..47140'tael7e: 'el.1 :4) r' • • - lis g'Siote/. O. ,pre,d, -±" ..) 2,r 6 .. —...,.. N ,I) Ab' j ry ) �l ci ' • Je9rsEl,4" ' l 1 • 1 > l 1� tt /IIO4 � !� I J °v , o ,8 i, . ..rego taw If. • . 't ps-ms -4-- ,7 0., IPInI______ I\ 4 %141 I P,i17/, --, )-'7'. ?fr :40/ e. kVal .1 Ci bJ I401 NI .0 s�.9 lean 09°dsE 1 1 l 0 ' �- r 1 1 I%�I � 1,Io , a ) 70+ ev- % ...--...... rjettia f"..• 1 . . 1 $ •4 �I �� - P .el .sB,o ..f8.9 asp-. 41. CO-• ,titi .a,T\1 1 l° et'4 V 30 et DC , % •k A . "TV �� a �s1 )1 l,l Q 1i I CAA sp�v I YI ''' � '� ` �I I S. d9)QSE. ,71---: .4'®9°Q5E �� ,,, a pL1 0 i �, , 1•��� I,,k, �_ I yiv/c'e c r I III ,„, 0, ) „,,_,.., • ty24. ii ,19.-- .,_), r) ,, i'leA cLS6ti Lv MI %i ft ',IA...s.'59 WO-. • ' --h --r-i-- 9/` ?. .'1 h 4 I. - 1.1 ' 4 11-3 f t. z, .i./...) 4'4.• • ?p7 -- "- 1 a :•r �� }�-1 P78 os 1.11'"a -':;7 QB 1fea ) N s8�°�sE �k�-`• `�� L.� (i I of v1 I ��• lI �%�. l oci1L_Afry7 I tit, ! ras7.0'.. .17 I4, �— I .:' .S'�/ ..-r -Pi:, 878L/ 3 "I7?78" ' „ , • y 4'4YSO,v nErgE2 .SAY If.w, /0 -,00gj By• ✓. 2 Da.�,aaro '- /jvE'c/o2 City of Southlake,Texas MEMORANDUM April 9 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-05 Zoning Change Request ZA 90-05 is a zoning change request for 8. 234 acres out of the J. J. Freshour Survey, Abstract No. 521 , being the northern portion of Tract 3J. The tract is located on the south side of Florence Road, approximately 0. 5 miles from Pearson Lane. The owner/applicant is C. J. Brewer. The tract was annexed in December, 1988 as Agricultural. The requested zoning is Single Family-1 B residential. There were thirteen (13) letters sent to property owners within 200 feet and one (1) to the City of Keller. To date, there has been one (1) inquiry. A representative for Nell Dewil questioned how this would affect the Sutton Place mobile home park. After explaining that it should have no effect, they offered no opposition. Donna Watkins, #21 Sutton Place, was in favor of the zoning request. On March 29 , 1990 , the Planning and Zoning Commission approved (6-0) the zoning change request. On April 3 , 1990 , the City Council approved (5-0) the Single Family-1 B zoning request. KPG/ew l34 DEDICATION STATE OF TEXAS COUNTY OF TARRANT THAT WHEREAS, C. J. Brewer and wife Mary Brewer are the owners _of the . following described tract of land: BEING a tract of land in the J. J. Freshour Survey, Abstract No. 521, and being a portion of the tract described in a deed to C. J. Brewer. and wife Mary Brewer of record in Volume 6167, Page 974, Deed Records, Tarrant County, Texas, said portion being more particularly described by metes and bounds as follows: BEGINNING at the Northeast corner of the above referenced tract in the North line of said Freshour Survey; THENCE South 865.20 feet along the East line of the above referenced tract to an iron pin in same for corner; THENCE N. 89° - 59' - 35" W. 415.58 feet to an iron pin in the West line of the above referenced tract for corner; THENCE N. 0° - 07' - 27" W. 865.24 feet to the Northwest corner of the above referenced tract in the North line of said Freshour Survey; THENCE S. 89° - 59' - 16" E. 415.46 feet to the POINT OF BEGINNING and containing 8.234 acres. 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A-1369 �•—Dedicated for of-tea w r` J.J.FRESHOUR SUR.A-521 ."'t 0 0 .._! y.N89°42.28"W 157.44 I50-0' 989942'28"E 207.97 0 ~ orI O • ' N ✓nines viiy•% I Ye%5985�.?/ I -c • 1 . v uW i Kudrk Marf/n ' 4 �I Qn /4/. 70a7 .0.,/3.9 0 M • tIW�J x0 , I.636Acres • ✓e•-ry Su/fen `� 14/.4'2P2 Pfr.5/2 IW 4 ' p.. �, Thomas Trail, 3.052 Acres ` I ° ii 1/o/ 73ld .. /001 0 A. 1 O J 2 d N W ( O h < t� Q ,�, N 2 b b A�IPC in o n o f m o N ✓o%G93G P9..370 n N 1.00 Acres a 4 p h 3 m BLOCK yl. o I y Dd ro N .. ii . 0Ray C. fXormi/fan o , ° East 207.22 ✓o/. 6/?9 AY..43Z Z I-FI David C Nu// Conn � Cr Vol. 7/. 8 Py. 337 I . I :tea 0 I� N :[ 03 p, v 0 N 1.386 Acres °' David#GlvenConn / I N N //o/ C7/¢ F�7 !37¢ / I I ? , IVTempororr I V /Turnaround V L.Dever/efaXA/e// I Esnil. Vol. � '50.0 535.5 P9 25 p 156.76 N 89959 ,5 415,5206.82 9 Cify o f .SoUM/&k1 e'o mor. i C C. • f' '<<G/M/a'A,Q.Y P[AT • LOTS I,2,3,8&4, BLOCK I, BREWER ADDITION /3-(0 ' . CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-16 AN ORDINANCE AMENDING ORDINANCE NO. 480, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY AN 8 . 234 ACRE TRACT OF LAND OUT OF THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 521 , BEING THE NORTHERN PORTION OF TRACT 3J, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ZONING DISTRICT TO SINGLE FAMILY-1B RESIDENTIAL ZONING DISTRICT IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO AND SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED 1N THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000 . 00) FOR VIOLATIONS OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City of Southlake, Texas is a homerule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 11 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business , industrial, residential and other purposes , and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as Agricultural under the City' s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property' was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas , at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the. pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise 3 , 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: /3— -2- Section 1 . That Ordinance No. 480 , the Comprehensive Zoning Ordinance of the City of Southlake, Texas , passed on the 19th day of September, 1989 , as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately an 8. 234 acre tract of land out of the J.J. Freshour Survey, Abstract No. 521 , being the northern portion of Tract 3J, as more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From Agricultural Zoning District to Single Family-1B Residential Zoning District. Section 2 . That the City Manager is hereby directed to correct the Official Zoning Map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be, deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000. 00) . A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. PASSED AND APPROVED on the 1st reading the day of , 1990. PASSED AND APPROVED on the 2nd reading the day of , 1990. Gary Fickes, Mayor City of Southlake ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney City of Southlake • —/C) -4- City of South lake,Texas MEMORANDUM April 9 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-07 Zoning Change Request - SouthView ZA 90-07 is a zoning change request and Concept Plan for 32 .706 acres out of the W. W. Hall Survey, Abstract No. 695, being the western portion of Tracts 5 and 5A. The property is located on the west side of North Carroll Avenue across from City Hall. The owner of the property is Dixtor International (U.S. ) Inc. ; the applicant is SouthView Joint Venture, Tom M. Matthews, Jr. , agent. The current zoning is Single Family-1 A residential; the requested zoning is Single Family 20 A residential. There were seventeen (17) letters sent to property owners within 200 feet. To date, there has been one response: Mr. Yates, 575 Bentwood Lane, was opposed due to the reduction of his property value. As an absolute minimum, he would like one-acre lots along the perimeter. On March 29 ,, 1990 , the Planning and Zoning Commission recommended approval (5-1) for the zoning change request and the Concept Plan. On April 3 , 1990 , the City Council approved (5-0) the zoning change requst and concept plan for Single Family 20 A. KPG/ew 3+aalwal...1 T Yee ri E -: Yr w ,CIt1111010111 i L r -JI' { E R ►3 .• '4i W ® rtittll ti III 9 / trliiili mixt.".1, v .i 1 g_ �-VIIIIII tome n ` on C) p� I . c. 3: 4 . • 11x s 1 e L 1A11 SIAtO 111001 Mot wl MAR/114- ,� 11111 RIt11T1 j� a + �� °� MUSAi11 1 (:�111liULl !Nt)EPEN ENT SCHOOL iii 14. ��~ , ~ �_ F +Hill an �� too k I...Eamn9u llt 1vl I Ill _:L �' K(RK. 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Baird 1 LAKE W000 oRal° Springer Bowers Vincent/Borne Taylor Kopper�snith Treece 3 2 2 I SF-1 SF-1 -1 SF-1 Office--1 I I .0 '� SF SF-1 lo •c /4 ' X ee.e3 Aa Is. Stout m 1 LLJ • z. SF-1 d Ca J I�ooper mercial--3 c 2 s SF�1 - ' Southlake -= Christenson 1 City Hall TR 3C 3 i I 3.0 AC SF-1 R = I Ca�nitY 32.5 At Williams I Service l SF-1 Fechtel Yates S F -1 j Children's Trust • SF-1 ! Offic= 1 I CaTrrercia7�3 c:::, eb 4)Gol•�i ein i runson A-°:" F-1 I.)M I : Q // TA SA i.e <T . � Ticultural ) -� c 1 Taylor Clark I i TR E 3 I 1 15.0 AC • Agricultural 111.4 1 . CONCEPT PLAN • ;' P.O.B. SOUTH VIEW 4. N �9'�7'00" E l 999.15' I i 1 Tq I °k-- to 37.221 S.F. m1 f 1r 30.218 S.F. •30.217 S.F. ''.217 S.F. ,� of I 35' B.L ___... N. SO I TRAIL \ PI-- / -—- - S -----� v 1 e�GvCi= 34.371 S.F. I i I ----- • )•<\(k\,�. Ir-3OT&L -- ---_ — ----! I �� / �ti��S'I�C, 1I 1 I m 1 Co 1 O 03 '"' 32.098 S.F. ! 1 1 er 09 gI —�� I ��B.L- _1L 30' B.L _ I / _SOUTH__CREST_ COURT SOUTH CREST LAN: I \ 13 \ _ 31.053 S.F.I 1 • I \ ,�—— 35rB.L r 30rB.L—_ _ IQ ——i ��` I . • I / .. �, I �1 •f I -��-- � o I E I 'I c m - e 'i'_. 1 0, 1 I n co 1 1n A ` % O I } I 7 I ��- 32,485 S.F. L 30' B.L 35' B.L -1 I � s T ` --------SOUTH-BEND TRAIL ---------I I f j w -x I / s I '" 10 f I , r 35 B.L �� _ , 03 31,1 S.F. I 0 �;>. 6 m ce z �tiVvASti^ d 1 R. // 'b..S9PV L I I j • - N �----- 35' B. -/�— \mod: 03 - \O • OASIS COURT % • I r r---- — 35' B.L -\� // 1 1_ 1n I I m L 1 al(.A39'07'_11i' C"---) 'fl.27' �t��as I ti-5 CITY OF SOUTHLAKE, TEXAS ORDINANCE - 7 AN ORDINANCE AMENDING ORDINANCE NO. 480 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 32 . 706 ACRE TRACT OF LAND OUT OF THE W.W. HALL SURVEY, ABSTRACT NO. 695 , BEI,NG THE WESTERN PORTION OF TRACTS 5 AND 5A, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM SINGLE FAMILY-lA RESIDENTIAL ZONING DISTRICT TO SINGLE FAMILY-20 . OA RESIDENTIAL ZONING 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- PROVIDING AN EFFECTIVE DATE. WHEREAS, 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 Single Family-lA Residential 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 / V- 7 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: 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 32 . 706 acre tract of land out of the W.W. Hall Survey, Abstract No. 695 , being the western portion of ' Tracts 5 and 5A, as more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From Single Family-lA Residential Zoning District to Single Family-20 . OA Residential Zoning District. Section 2 . That the City Manager is hereby directed to correct the Official Zoning Map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections , subsections, paragraphs, sentences , words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except - in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be, deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000. 00) . A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. PASSED AND APPROVED on the 1st reading the day of , 1990 . PASSED AND APPROVED on the 2nd reading the day of , 1990 . Gary Fickes, Mayor City of Southlake ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney City of Southlake • /1 & / City of Southlake,Texas MEMORANDUM April 9 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: , ZA 90-09 Zoning Change Request and Concept Plan - Quail Ridge Addition ZA 90-09 is a zoning change request and Concept Plan for 19. 995 acres out of the Littleberry G. Hall Survey, Abstract No. 686, Tracts 3F and 3G. The property is, located on the north side of West Southlake Blvd. (FM 1709) approximately 800 feet West of Shady Oaks Dr. The owner of the property is First National Bank of Grapevine. The applicant is the Bass Development Co. The current zoning is Agricultural; the requested zoning is Single Family 20 A residential. The new development proposes 34 lots and will be known as Quail Ridge. There were ten (10) letters sent to property owners within 200 feet. To date, there have been four (4) responses: R.J. Stacy, 320 N. Shady Oaks Dr. , and Rick Stacy, 1000 W. Southlake Blvd. , were both opposed because the request is not compatible with the Land Use Plan (low-density residential) and it would create drainage problems and congestion and would be a detriment to the rural atmosphere. Joe Gregory, 1100 W. Southlake Blvd. , was opposed due to the added drainage across his property. David Howell, representing Timber Lake, across FM 1709 , was in favor subject to: 1) entrance road to subdivision being aligned with Timber Lake Place and 2) the developer participating in widening of FM 1709 to add a turn lane requeired by the state On March 29 , 1990 , the Planning and Zoning Commission approved tabling (5-0) the zoning change request and Concept Plan until April 5 , 1990 . On April 5 , 1990 , the Planning and Zoning Commission denied (4-2) the zoning change request and concept plan due to incompatibility with the City' s Land Use Plan. IJ- KPG/ew " T-- ---•�,a+•. OW dv04.1w car Application No. ZA 70-0 9 To be filed with th City Sec etary at City Hall, 667 N. Caxxoli Avenue, Sduth1aks, Texas. t the tim of filing, the City Se<;i' y will in.tozm you Of the public gear g dates t r both Planning and Zoning and City Council, You rust be repress. ted at bo'h of the pupllia hearings. There is a S100.00 fee for toting; it .-'ue; ‘.any this application, 1 NAME QF .APPLICANT: ! • COWS: DON A. TIPTON, INC. BASS DEVELOPMENT CO (Bruce Pine) . 6330 Belt Line Rd., 5iiite C • CJO DON A. TiPTON► NC. CONsU TING ENGINEERS Gotland, Tx 75043 (Property' Owne,: F{4Bt Natio al Bank of Attn: Mr. Pat'Atkins, Ex. V.F. `Grtapevine (214) 22672967 Dzsmmmiplgra AND BOUNDS) OF PROPERTY REQUESTED TO az Rom: LITTLE BERRY, G. HALL SURVEY. 4:STRACT NO. 686 - .__a• - _.all.• - �-w.... • 4 ZONINO REQUEST: FROULlARINLTURAI. • TOt SF-7oA ill. This application must be accompanied by a list of the name; and addresses of the owners of all proper/Les wi,thir. 200' of any ,past of the property to be rezoned. A plat map of the property showing the area requested for rezoning is to to • attached to this application. ruary 26. 1990 . si • . OWN EA 41 Zms pR0P rr( LINDA OLIVER, Vice President FIRST NATIONAL BANK OF GRAPEVINE Eefare me, a Notary Public, on his day personally appeared , LINDA* - - OLIVER -, d k.:Qwn to ma o be the person whose name is subscribed tO th* foregoing insfimne t end ackzoR' edged to be that he or she executed the same for the purpow and conslde:atian herein expressed. Given under my had and seal, of office this. day: of 1090 .0 SUSIE 0. GARRETT 1v: Notary Public • .,._1 • ( AT STATE:OF TEXAS : -u410• My Comm. EXp. Oi !94 . . n kit PLC IC IN AND ion 'Ma . .. - • - . . , `ty Canmlisaion expires the duy of , 19 _• /5 021 FIELD NOTES BEING a tract of land in the Little Berry G. Hall Survey, Abstract No. 686 , situated in Tarrant County, Texas, and being the tracts described in deeds to Lanny M. Tate of record in Volume 6360 , Page 736 , and Volume 6360 , Page 740 , of the Deed Records of Tarrant County, Texas, said tracts being contiguous are considered for the purposes herein as one tract and is more particularly described by metes and bounds as follows; BEGINNING at a 5/8" iron pin in the North line of Southlake Boulevard • (Farm to Market Highway No. 1709) , said point being, by deed calls, S 88° 30' 20" E, a distance of 1299.13 feet and Northerly 50.0 feet from the Southwest corner of said Hall Survey; THENCE, N 1° 31' 55" E, a distance of 1307.67 feet to a 5/8" iron found for corner; THENCE, N 89° 51 ' 29" E, 661.56 feet with the general course of an old fence line to an "x" cut in concrete for corner; THENCE, S 1° 31' 55" W, a distance of 1326.56 feet to a PK nail found in the North R.O.W. line of said Southlake Boulevard for corner ; THENCE, N 88° 30' 20" W, a distance of 661.28 feet along said line to the PLACE OF BEGINNING and containing 19.995 acres of land. I5-3 • WESTPARK LOOP \ TROPHY CLUB `\� SAMB' s . LAKE OIL o g.O�ss RIDGE RO W ID e GRAPEVINE , ,.,,W BG TI4 . .Y • • ti o o�90 p�........-; B• OB JOXES R0. BOB ZONES ' I POSSUM NOHOW ot , GOOSE W NECK DR \` 2 REDBIRD LN ;iR j3e i5l��o�s I. _... .�O ' 3 BEAVER 1 .., 'o G' C SWAN ¢ '4'' in Job i 5 CRANE WESTLAKE ' /a J j,i'iLuelNoiK JW= N to on "f I t T sass TROUT ` DENTON COUNTY 1 cfluM� LN ` �— I I,CRAPPIE TRAIL SOUTH ,,r THOUSAND OAKS• 1 �' ' TARRANT COUNTY • i clw SOUTH LAKE _ 1 DISTRICT BOUND' Lr�s����—�.�..�e�� .Ej.,—I..�� �. 1 - 10 soLANA �1 ! +�YSOUTHLAKE HAflBOflHAV� ¢z�`r tz i =_� ,� OOO DR � 1 dPK.E m�`:-- " u SOR W �. Irc 1U --- \Q �k1AR(Q A !a� \\,. y HARETD j_tuJ \ I HILLSIDEDR Y3 y''A%EAT'WNcICTUo'.Y F,F- 2 CRESCENT DR NAR_BO BLUE TEALCT . 1 12 \ \\3 SOUTHLAKE PK_W a �Ct DUAnET"f LII W A WOODLAND 0R . u 12 ! ®\ 'HILLTOP OR Op >; ;QW • sr' ST - CyF``tj n tui AD e sRAYEI�Oq • 1 Lu ' e H 12 id c¢a OENE CT TAYLOR ST o J psi I Iti 'Qua _ .�. 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Inv. �.32@ 4 ani Southwind Partners,L.P. '—.% I SF-1 TR 3A1A I Single Family-20 A. '� $ 1.13 AC r-J ... _ ,.) R.J.WO OS Stacy ibi ` `ALL James R. Stacy .011001110.1r AFr091Fir TR 3B1A • L- AV 6 4.74 AC 5V 6$6 Agricultural a A' (7.>-\- 441 ------ .... .. Il TR 381 TR 3C1 3.0+ 9 AC VS AC $; TR 3816 1 t 1 TR 3H ' 8.69 AC Cecil Glowers ; 2. $ .` 1-----1-17-21 . -1 TR 3G100°.°11, AG TR 364 C]I10.0 AC . n I ., AC TR 3H1 TR 383 4 e 1.1 AC I I72 AC TR 382 no '1 ?I/ 5.72 AC o / m l w \ TR L TR 324A TR 36 1 7.5-6 k G 1.35 AC $ 2.980 AC � - - - - - - - - - - - - - — .M. 1709 P.C.Stone M.D.Wayland Joe Smith AG ' AG 1 TR 1 3 Southlake Joint Venture 1.0 AC TR TF TR 2A agricultural b .54 I,w= 2.0 AC 1 ; TIMBER LAKE SF-20.0 A 1 • • • •7 \ / ! . . . I 15-5 In 1 • • • • .. : "'/r01 31'66• W 1326.56' •'ks• 20 ' 11V ^` y }! 116 126- 126" 12f' 126 112 ' 122"`\ • BLOCK A \ • . 10 •/ 9 e 8 • 7 : ` �\ - • f gyp.. 4 3 2 - 1 11 21,277 Sr.. ��20,200 /,I. 20,001 3./. '" 20;00• /.1. .. 20,009 Cr. �" 20,000 Sr.. 20,000/:4. ' 20,000 /.►.`' . 2O,012 /.►. 20,221 /.1.• `: • ^- 'i 2 '6 ➢'L' ---,or-- !6' A.L. ______ '• _ • ~ 11 • 121' 192'. 112• �• �. 125' \ a •a 20,ff4 8.1. / p —_ • t 1 �. ,n 12 1!!• o o . • • « /.���'� •�� --...• ` • to d 111111111111 ■ 140' .• 146' 11r rt '. 14f•�t •.i�. r47.:: it •w ITi�.■ • �. "i 146' r—�, lf' B.L. f0 / ■ ■ ■ ■ ...'".\1 .+Z 18 1• 7 o 12 s •� ,r a so. .�.'. ■ .. 11 . 'iO'::' . •„ ...9«■ «, w ut . .o.0 ••• 20,013 /.►. 20,006:CI. '� w •'• \'" ■ ■ ■ ■ ■ ■ • ■ « ■ 12 ri • • 10,200 11.►. 20,r00 0.3. 20eS0 ;11:'►.• \ 10,461 /.►. «, ,. 20,010 /.i. w • • S. • 146' �-1 ` 166 08 gI _ r 18 • . 18 I •• 2o,192 /.1 :016 /.►. 2 • i1p w 30,r12 /.I \ lr,f42 S.F. 1 , •• alD,Ol0 /.1.e n �aaAL •m r 20,010 3.1.4 . " \ ' \ • ' • wm , .I.bgN :a■ me II 101016 11 BAP. • 140. / • \ i■ ■ ` 4 . 1 11011 • al • w 90 r. 1!2' "" • i . 14 �^ •S .+ 16 \ :, 14 �� `a`a 2f •"� L:■1Jt g 2 ,012 /.T.", • f0' 23,1/1 /./. : •• 27,070 0.1\ /1,20/ 3.1. \ ■ ::'+ I 20.204 B.F. I • 1 I I 25,667 6.i s ■ 26,446 1. I I BLOCK ,1t «t \ I 145' 140' 112' �. 176' . 244. ...'] .'33' 16e•1 1 N.ni :II in. 6 1 ,1.307.67' �/ U • • • • . t' . //r CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-18 AN ORDINANCE AMENDING ORDINANCE NO. 480 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 19 . 995 ACRE TRACT OF LAND OUT OF THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686 , TRACTS 3F AND 3G, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ZONING DISTRICT TO SINGLE FAMILY-20 . OA RESIDENTIAL ZONING DISTRICT IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO AND SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE 'ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000 . 00) FOR VIOLATIONS OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southiake, Texas is a homerule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS , pursuant to Chapter 11 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business , industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as Agricultural under the City' s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and • WHEREAS, the City Council of the City of Southiake, 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 //r 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 Southiake, 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 Southiake, 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: //r 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 19 . 995 acre tract of land out of the Littleberry G. Hall Survey, Abstract No. 686 , Tracts 3F and 3G, as more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From Agricultural Zoning District to Single Family-20.OA Residential Zoning District. Section 2 . That the City Manager is hereby directed to correct the Official Zoning Map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences , words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas , affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. <- �,S f 3 //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 APPROVED AS TO FORM: City Attorney City of Southlake City of Southlake,Texas MEMORANDUM April 11 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes , Public Works Director SUBJECT: Street Light Ordinance #503 Attached is the revised Street Light Ordinance as corrected at the March 27 , Council meeting. The changes made are underlined in the ordinance and are as follows: 1 . Section II (A) - street lighting will be mandatory in subdivisions. 2. Section II (B) - Aerial wiring will only be allowed as approved by the Director of Public Works. The minimum height of a street light will be 20 feet. 3 . Section III - the street lighting along state frontage/service roads and boulevards will have to be approved by the City instead of the Director of Public Works. 4. Section IV (B) - street layout design must be approved by the City instead of the Director of Public Works. 5 . Section V (C) - the verbiage in this section was rewritten for better clarity. 6 . Section VI (A) 2 - The developer will pay for the operation of street lights for one (1) year instead of two (2) years . The last sentence in this section was rewritten for better clarity. 7 . Section VI (B) 1 - the verbiage in this section was rewritten for better clarity. 8 . Section VI (B) 1 (b) - was changed to read that if the majority of the property owners within 200 feet of the light did not want the light it would not be installed. Please place this on the April 17th agenda for Council consideration on 2nd reading. If you have any questions, please let me know. MHB/kb CITY OF SOUTHLAKE, TEXAS ORDINANCE 1* . 503 ` AN ORDINANCE ESTABLISHING MINIMU''�`,V• REQUIREMENTS FOR THE DESIGN, LOCATION, PLACEMENT AND INSTALLATION OF ALL STREET 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 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 Ci y—Cocci • e 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 shall be installed on local streets as follows : -1- /6--2 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 minimum standard design for local streets shall consist of a mast-arm mounted, 100 watt high pressure sodium or 175 watt mercury vapor luminaire, mounted on a steel pole, using aerial or underground wiring (aerial wiring may be used only with prior written consent of the Director of Public Works) ; 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. The minimum height above the top elevation of the street shall be 20 feet. (C) Existing wood utility distribution poles may be used when available at the proper locations . III. STREET LIGHTING ON STATE FRONTAGE/SERVICE ROADS AND BOULEVARDS: Street light installation on any frontage road, service road, boulevard or other roadway adjacent to an Interstate Highway, U. S. Highway, State Highway, or County Road will be determined by the City 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, as modified by the City. (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 City before construction of street lights can begin. (C) The developer shall provide all necessary utility easements required for the street lighting system on the final plat. -2- l/ V. CONSTRUCTION: (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) Electrical service to each street light shall be provided and the poles , mast arms and lights installed 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; and, 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 one year. The developer will pay the City the amount of the estimate as a condition precedent to the City' s final acceptance of the subdivision. (B) Existing developments: 1 . In existing developments where lighting has not been installed, the City will cause the street lights to be installed according to the minimum standard design if: (a) The property owners will pay 100% of the installation costs of all street lights requested; and, (b) There are no objections from the property owners within 200 feet of the light; and • (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. -3- { 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- City of Southlake,Texas MEMORANDUM April 12 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Amendatory Installment Sale Contract for the Sanitary Sewer S-6 Interceptor In December 1989 , the City entered into an agreement with TRA to finance, construct and manage the installation of the Sanitary Sewer S-6 Interceptor . Since that time, it has become apparent that because of TRA' s administrative process (TRA' s Board meets every other month) , the interceptor line could not be built by October. In order to meet the October completion time, TRA needs to amend the original agreement whereby they would finance the project and the City would construct and manage the project. The City will not be posturing itself for additional liability by managing the project because if litigation became a reality, the funds for the litigation would come from the bond sale for the S-6 Interceptor. By amending the December agreement with TRA, it would allow the City to do the following: 1 . Award the contract during any month instead of the TRA Board restricted to awarding every other month. This could possibly save 2 months of construction time. 2 . Approve and pay the monthly estimates instead of TRA. 3 . Enter into an agreement with the consulting engineers for final design and construction phase of the project instead of TRA. Attached is the Amended Installment Sale Contract for the S-6 Interceptor. It is staff' s recommendation that the City enter this amended installment sale contract with TRA. Please place this on the agenda for the April 17 , 1990 City Council meeting for second reading of Ordinance #504 . If there are any questions, please contact me. /Vi MHB/ew attachment /7-1 ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE TRINITY RIVER AUTHORITY OF TEXAS - CITY OF SOUTHLAKE BIG BEAR CREEK WASTEWATER INTERCEPTOR EXTENSION INSTALLMENT SALE AMENDATORY CONTRACT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1 That, for and on be alf of the City ake, the Mayor of the City of Southlake is hereby authorized and di- rected to sign, deliver, and otherwise execute, and the City Secretary of the City of Southlake is hereby authorized and di- rected to sign, attest, and seal, the "Trinity River Authority of Texas - City of Southlake Big Bear Creek Wastewater Inter- ceptor Extension Installment Sale Amendatory Contract" (the "Contract") in substantially the form and substance attached to this Ordinance and made a part hereof for all purposes. SECTION 2 That, upon its execution by the parties thereto, the Contract shall be binding upon the City of Southlake in accor- dance with its terms and provisions. SECTION 3 That this Ordinance shall take effect and be in full force and effect from and after the date of its final passage. TRINITY RIVER AUTHORITY OF TEXAS - CITY OF SOUTHLAKE BIG BEAR CREEK WASTEWATER INTERCEPTOR EXTENSION INSTALLMENT SALE AMENDATORY CONTRACT THE STATE OF TEXAS • TRINITY RIVER AUTHORITY OF TEXAS : WHEREAS, the Trinity River Authority of Texas (the "Au- thority") and the City of Southlake, Texas (the "City") have entered into the "Trinity River Authority of Texas - City of Southlake Big Bear Creek Wastewater Interceptor Extension Installment Sale Contract", dated as of December 5, 1989 (the "Contract") ; and WHEREAS, the Contract provides that the Authority would, for the benefit of the City, acquire the "Project" , as defined in the Contract, by purchase and construction, and that the Authority would enter into contracts for such purpose in accordance with laws applicable to the Authority; and WHEREAS, the Authority and the City now have determined that it will be more expedient and satisfactory for both parties for the City, on behalf of and as agent for the Author- ity, to acquire said Project, by purchase and construction, and enter into contracts for such purpose in accordance with laws applicable to the City; and WHEREAS, the Authority and the City have determined to enter into this amendatory contract (the "Amendatory Contract") in order to change the original Contract in such respect, but otherwise leaving the Contract intact and unchanged. 1 �'I' 3 NOW, THEREFORE, it is contracted and agreed between the Authority and the City as follows: 1. That Section 5 of the Contract is amended to be and read as follows: "Section 5. ACQUISITION CONTRACTS. The City, acting on behalf of and as agent for the Authority, will enter into such contracts as are necessary to provide for acquiring, by purchase and construction, the entire Project, and said contracts shall be executed as required by the laws applicable to the City. The Authority shall cause the amounts due under such contracts to be paid from the proceeds from the sale of its Bonds. The Authority shall deposit the proceeds from the sale of its Bonds into a special Project Construction Fund. Said Project Con- struction Fund shall be used for paying the Authority's costs and expenses incidental to the Bonds and the Project in accordance with Section 3 of this Contract, and to pay the costs of acquiring, by purchase and construction, the Project. Pending use as required by this Contract, the amounts in the Project Construction Fund may be invested in accordance with law, provided that all investment earnings therefrom (excepting any which may be required to be rebated to the Federal Government to prevent the Bonds from becoming "arbitrage bonds" under the IRS Code of 1986) shall be deposited in and become a part of the 2 /71/ Project Construction Fund. If, after final completion of the Project, any surplus remains on hand in the Project Construction Fund, such surplus shall be deposited into the Interest and Sinking Fund for the Bonds. " 2 . That all other provisions of the Contract are con- firmed and shall remain in full force and effect, and it is hereby recognized and confirmed that the Trinity River Authori- ty of Texas (City of Southlake Sewer System Project) Contract Revenue Bonds, Series 1990, dated February 1, 1990, in the principal amount of $1, 250, 000 (the "Series 1990 Bonds") heretofore issued and delivered by the Authority in connection with the Project are "Bonds" as defined in the Contract, and that said Series 1990 Bonds were sold at public sale to a syndicate headed by Prudential-Bache Securities. The Authority and the City specifically confirm their obligations and commit- ments in connection with said Series 1990 Bonds and the Project as provided in the Contract, as amended by this Amendatory Contract, and Resolution No. R-799, adopted on February 28, 1990, by the Board of Directors of the Authority, authorizing the issuance and delivery of said Series 1990 Bonds; and it is hereby found, determined, and agreed by the parties hereto that this Amendatory Contract does not and will not in any way affect or impair the rights of the owners of said Series 1990 Bonds, and that this Amendatory Contract is executed solely to facilitate and expedite the acquisition of the Project. 3 /7 - .5 IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Amendatory Contract to be duly executed in several counter- parts, each of which shall constitute an original, all as of April 25, 1990, which is the date of this Amendatory Contract. TRINITY RIVER AUTHORITY OF TEXAS By General Manager ATTEST: Secretary, Board of Directors, Trinity River Authority of Texas (AUTHORITY SEAL) CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 4 17 City of Southlake,Texas RESOLUTION NO. 90-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING A RAW ACREAGE COST TO BE USED IN CALCULATING PARK FEES AS REQUIRED IN SUBDIVISION ORDINANCE NO. 483 , SECTION 7 .03 , DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake has recently adopted Ordinance No. 483 , the City Subdivision Ordinance, which requires developers to dedicate to the City open space, park and recreational areas, or an equivalent fee in lieu of dedicated land based upon the raw acreage acquisition cost of land to be dedicated; and WHEREAS, the City Council has conducted a reasonable study and investigation based upon the best available information as to land and property values within the community and has determined the cost of acquiring one acre of vacant land in a developing area of the community to be used in the calculation of park fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The City Council has determined that the raw acreage cost of an acre of land to be used in the calculation of park fees is $ . SECTION 2 This Resolution shall be effective upon its passage. PASSED AND APPROVED this the day of , 1990. CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas MEMORANDUM /4 ; March 9 , 1990 - I TO: Curtis E. Hawk, City Manager I� FROM: Michael Barnes, Public Works Director SUBJECT: Sewer Project 1. Sanitary Sewer Line S-4 Line S-4 is the sewer line that serves the Arvida subdivision and is being paid for by Arvida. All easements for this sewer line have been obtained. The contract for this line has been awarded to Wright Construction, and construction has begun. It is anticipated that the contractor will be completed in 60 days. 2. Sanitary Sewer Line S-6 Line S-6 is the sewer line that starts at the Summerplace WWTP and travels south through Mission Hills and Diamond Estates, crosses FM1709 , and traverses through the Mobil tract to the Big Bear Creek Interceptor. This is the Interim Denton Creek Diversion Line that the City contracted with TRA. When the City entered into this agreement last December, the original agreement was for the city to obtain the easements and TRA would sell the bonds, contract the engineering, and construct the project. It was our plan at that time to obtain the easements and design the project so that bids could be awarded at the April Board Meeting. We knew it was a short time table, but we believed we could achieve this. It has not worked out because TRA has to have all easements in hand before the bidding process starts. As it stands now, the June board meeting is the earliest the bids could be awarded. If that were to happen, it would delay the completion of the project until November or December of this year. In order to avoid these delays, we have discussed with TRA about revising the agreement whereby TRA will transfer the bond funds to the City and the City would complete the design and construction of the project instead of TRA. The only thing this would change would be that the City would award the contract and manage the project instead of TRA. /9- Curtis E. Hawk Sewer Project March 9 , 1990 Page 2 If the City manages the project the City would have to do the following but would not incur any additional expenses: 1 . Amend or create a new contract with TRA 2 . Perform the construction inspection, or hire it done 3 . Retain the consulting engineers until the project is finished 4 . Make monthly payments to contractor The staff is recommending that we revise the agreement with TRA so that the City will manage the project and save 2-3 months construction time. 3 . Big Bear Interceptor TRA is still in the process of obtaining easements for the project. The project has not been bid to date, but according to TRA, it is anticipated that the project will be awarded at the June board meeting. 4 . SouthRidge Lakes Phase I Two C.O. ' s have been issued, and the City has received a letter from the State Health Department allowing the developer to pump sewer. Pumping will continue until Line S-4 , which serves this subdivision, is completed which is anticipated to be Mav 1st. • 5. Sanitary Sewer Line N-3 This line will extend north from the Summerplace WWTP to a point near the intersection of Dove Creek and Dove Road. It is proposed that this line will allow the High School and Elementary School to abandon their respective treatment plants and be served with gravity sewer. It is anticipated to start planning and design this line in May or June of this year. Construction would begin by late Spring 1991 and be completed by late Summer of 1991 . Council will have to approve a bond with TRA before this can happen. 6 . Denton Creek Pressure System and Treatment Plant The staff and TRA are still in the process of deciding the best method of phasing this project. t Curtis E. Hawk Sewer Project March 9 , 1990 Page 3 In 1988 , the City authorized TRA to sell $2 ,250 ,000 in bonds to fund the engineering design and right-of-way acquisition of the Denton Creek Pressure System. Approximately $1 , 200 ,000 of the $2,250 ,000 has been spent on engineering design and easement documents. In the summer of 1989 , TRA put a freeze on further spending because it was clear that the Pressure System would not be built when the design is completed as was the original plan. The $2 , 250 , 000 bonds were sold on a 10 year payout and the scheduled debt payment for this year and next is June 1990 P&I $180 ,000, December 1990 P&I $145 ,500, June 1991 P&I $306,875 , etc. Because of the high debt payment and because of the uncertainty as to when the line will be built, it is necessary that the portion of the unsold bonds be paid toward the principal bond sale and the money spent on engineering ($1 ,200 ,000) be refinanced. The only problem is that the bonding agent does not know if the bonds can be refinanced because Lake Turner MUD is in bankruptcy. The agreement between Southlake and Lake Turner MUD is for the City of Southlake to pay 2/3 of the cost of the DCPS and Lake Turner MUD pay 1/3 . If the bonds could be refinanced for 20 years the debt service for. Southlake would be approximately $100 , 000 and Lake Turner MUD $50 , 000 . All designed data completed to date would be stored for future use. The Denton Creek Treatment Plant is complete but has not been put into service because of insufficient flows from the participating cities . The City is obligated to pay our proportioned share of the plant this year which is $50 , 000 . (This has been included in our current budget. ) 7. Trophy Club WWT Plant The staff is presently in discussion with Trophy Club about contracting additional capacity in the plant. They have indicated to us that they are willing to allow approximately 300 , 000 to 400 , 000 GPD additional capacity in the plant. -`J Curtis E. Hawk Sewer Project March 9 , 1990 Page 4 8 . Water and Street Impact Fees The Impact Fee study is approximately 50% complete. The Land Use Assumption hearing is scheduled for April 3 , 1990 and it is anticipated that the hearing for the CIP and Impact Fee Ordinance for Water and Sewer will be held on the second meeting in May. 9. Colleyville Agreement All aspects of the agreement have been approved. Danny Vance, Manager of the TRA, has not signed the agreement because he has been on vacation. He is scheduled to sign the agreement today, Friday, March 9, 1990 , and as soon as we get the signed agreement, we will take the agreement and $20 ,000 and give it to Colleyville which will then allow Southlake to tie onto the Colleyville sewer line. 10 . Bank Place WWTP The staff has had a number of discussions with the owners of the Bank Place Subdivision to work out an agreement to allow tie-ins to the Bank Place WWTP. The existing contract is very ambiguous , and if the owners will agree to a reasonable cost per-gallon ($1 .50--they are asking $3 . 00) the contract would be rewritten whereby the City would collect the money for the owners and allow tie-ins to the treatment plant. 11 . South View Subdivision This subdivision is changing their lots from 1 acre to 1/2 acre and providing gravity sewer from the proposed S-6 line to their subdivision. This will allow City Hall , the Carroll Oaks Shopping Center, and some of Lakewood Acres to have gravity sewer available. (It will also make sewer available to the 0-1 property across the street from City Hall . ) 12 . Truelove Property This is a 43 acre tract located adjacent and north of Bicentennial Park. We have been requested to sewer a proposed subdivision at this site through the Chapel Downs Subdivision. 13. Summary of Sewer Costs that Southlake will have to pay in 1990-91 budget year. /- 1 Curtis E. Hawk Sewer Project March 9, 1990 Page 5 Project Total Annual Cost Debt Big Bear Interceptor $2,800 ,000 $280 ,000 (estimated) Denton Creek WWTP 50 ,000* Denton Creek Pressure Sys 1, 500 ,000 100,000** Sanitary Sewer Line S-6 1 ,200 , 000 44 ,000*** TOTAL $474,000 *Southlake' s share (Approximately 10%) of annual debt **2/3 of Annual Debt ***This figure will be approximately $112 ,000 in budget year 1991-92 14. Sewer Service for Continental Estates • Sewer cost for Continental Estates: Scenic Dr. Sewer Cost $ 55 ,000 (this cost has already been paid) Sewer Cost Remainder Lots 185, 000 Street Repair 45 , 000 $285 ,600 $285 , 600/70 lots = $4 ,080 per lot The total cost of providing sewer service to Continental Estates is projected to be $285 , 600 which is $4 , 080 per lot. Four (4) alternatives proposed to fund the project are: Alternative I . The best alternative would be to have all the property owners pay their share before construction begins. This way the City does not have to provide any funds. Alternative II. The City could contract with TRA to sell Bonds (TRA requires a minimum of $500, 000 to $1 ,000,000 Bond Sale) to finance the construction of sewer lines in several subdivision for a 20 year period. As an example, if (3) subdivisions having a total of 200 lots cost $1 ,000 ,000 to install sewer lines, the monthly charge to each home owner would be approximately $45 . This fee is only to pay the bonding indebtedness incurred by the City. Curtis E. Hawk Sewer Project March 9, 1990 Page 6 Alternative III. The City would borrow the money to install the sewer line and the home owner would pay the City back on a monthly basis for 3, 5, or 7 years depending on how long the City wanted to borrow the money. To borrow $285,600 for 3 years would cost the home owner approximately $150 per month. Other Alternatives. There could be many variations of either alternatives 2 or 3 and the staff would welcome other alternatives from the Council. It should be noted that alternatives 2 and 3 would put the City in a, position of having to finance the project if the citizens did not pay their monthly sewer charge. Also, an alternative should be selected that would apply to all future subdivisions requesting sewer service. idtme MHB/kb ci7k. [ date] \� 3 Con city letterhead] Jo f tevenson 91 Jerald Drive Sou hlake, Texas 76092 • Subject: Consideration to be given to Individual Grantors of Permanent and Temporary Construction Easements in connection with the ' construction of sanitary sewer line S-6 The City of Southlake is in the process of installing a sanitary sewer line through a central portion of Southlake. You have already been contacted about granting an easement in connection with this project. Some time in the future, residents in this area may request to be connected to this sanitary sewer line. A connection fee will be charged to property owners or lessors for connecting to the city' s sanitary sewer line (s) . This fee is to cover the administrative and miscellaneous costs to the city involved in making such connections. The amount of this fee is yet to be determined, but will probably be in the hundreds-of-dollars range. In consideration of your granting the City of Southlake a temporary construction and/or permanent easement across your property, the City of Southlake hereby waives that fee to you as owner of: Lot 13, Block 6, Diamond Circle Estates This offer is normally extended to and runs with the subject property, not the current owner or occupant. That is, the waiver of the fee becomes the right of subsequent owners of the subject property. In view of the circumstances regarding your current residence in Diamond Circle Estates being on a lot (Lot 15, Block 4) different than the vacant Lot 13, Block 6 where the easements will be located, a different arrangement is being offered. That is the above offer will be extended to your current lot of residence, Lot 15, Block 4 at 916 Emerald Drive. Additionally, consideration is also offered for your grant of a permanent utility easement on the vacant lot (Lot 13, Block 6) you own. A standard method of determining the value of such consideration is as follows. The 'permanent easement is valued at 1/2 the fee simple appraised market value. Lot 13, Block 6 is currently on the appraisal rolls at $70, 000 and has a size of 61, 899 square feet, or $1. 13 per square leer sf - The permanent easement is 5176 square feet. Thus the permanent easement has an estimated value of $2924. 44. The City of Southlake will credit your current residential lot (Lot 15, Block 4) for that amount ($2924. 44) against future prorated costs for construction of a sanitary sewer collection system in the Diamond Circle Estates Addition at such time as that may occur. Costs for the individual service line construction on your lot (from your residence to the publicly owned sewer main) is not included in this consideration. Should this offer not be satisfactory, please advise us when we next contact you so that we may make arrangements to locate the sewer elsewhere. A copy of this letter will be kept on file at the city • offices. We suggest you keep the original with your other important property related papers. Please do not hesitate to call our offices or our agents should you have any questions regarding this offer. Gary Fickes, Mayor City of Southlake,Texas MEMORANDUM /2-yC) C ' April 12 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Public Works Director SUBJECT: Approval of Engineering Contract with Cheatham & Associates for the, S-6 Sanitary Sewer Interceptor Attached is the final design contract submitted by Cheatham and Associates for the S-6 Sanitary Sewer Interceptor. This contract contains two major components to construct the S-6 interceptor. The components' description and cost of each are as listed: Construction Staking $20,000 Final Design & Contract Administration 15 ,000 $35,000 The costs submitted are reasonable costs and are in conformance with good engineering practices. This contract will be funded from the bond sale of the S-6 interceptor. It is recommended that the Council consider approving this contract at their April 17 , 1990 meeting. If you have any questions , please let me know. MHB/kb ac�- City of Southlake,Texas RESOLUTION NO. 90-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AWARD- ING AN ENGINEERING CONTRACT FOR CONSTRUC- TION OF THE S-6 SANITARY SEWER INTERCEPTOR LINE TO CHEATHAM AND ASSOCIATES; AUTHORIZ- ING THE MAYOR TO EXECUTE THE CONTRACT; AND, PROVIDING AN EFFECTIVE DATE. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That the City Council hereby authorizes the Mayor to enter into a contract with the firm of Cheatham and Associates, for construction of the S-6 Sanitary Sewer Interceptor Line, in the form attached hereto as Exhibit "A" and authorizes and directs the Mayor to execute and deliver such contract to Cheatham and Associates, on behalf of the City. Section 2. That this Resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED this the day of , CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary - APPROVED AS TO FORM: City Attorney City of Southlake, Texas - 2. Engineering (Continued) 2.1C Review shop drawings and submittals of the contractor. 2.1D Review monthly pay requests for contractor's payment. 2.1E Prepare any contract change orders deemed necessary. 2.1F Preform a final inspection of the project. 2.1G Prepare "As Built" plans from the contractor and inspector's "Mark-Up" plans. FEES We will provide all the services and products described in the scope of services including all services necessary for engineering surveying, engineering, contract administration, construction staking and periodic visits during construction, and Owner's project representation for the project as follows: Surveying Fee: Construction staking for a total Lump sum fee of $ 20,000.00 Engineering Fee: For the construction phase a total Lump sum fee of $ 15,000.00 Total Fees: $ 35,000.00 TERMS AND CONDITIONS Monthly billing will be on a basis of percentage of completion. Invoices are normally mailed by the 5th of each month and payment ' is expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. The above fees include all incidental costs and expenses (except where specifically noted) , including all travel, out-of-pocket expenses, drafting, telephone, typing, etc. If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and Southlake is greatly appreciated. Eddie Cheatham, P.E., Principal Gary Fickes, Mayor The following is the current rate schedule used to calculate job and additional services fees. These hourly rates include all wages, benefits, overhead and profit. The fees include all incidental costs and expenses (except where specifically noted) , including all travel, out-of-pocket expenses, drafting, telephone, typing, etc. PRINCIPAL ENGINEER $75.00 REGISTERED ENGINEER 65.00 STAFF ENGINEER 50.00 LAND PLANNER 50.00 CERTIFIED CITY PLANNER 55.00 LANDSCAPE ARCHITECT 55.00 TECHNICIAN 35.00 DRAFTER 30.00 INSPECTOR 30.00 4 MAN SURVEY CREW 85.00 3 MAN SURVEY CREW 75.00 OWNER'S PROJECT REPRESENTATIVE 30.00 + Mileage TECHNICAL TYPING 30.00 1