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1990-05-01 CC Packet CITY OF SOUTHLAKE, TEXAS City of Southlake,Texas REGULAR CITY COUNCIL MEETING MAY 1 , 1990 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6 : 30 P.M. 1 . Discuss 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 17 , 1990 , City Council Meeting. }. 3 . Mayor' s Report. \`� ac �, �— �1 S 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 90-30 , urging Congress to reinstate full funding for the V-22 aircraft program into the defense budget. 6 . Consider: Resolution 90-32 , endorsing State and Local Government control of stratospheric ozone depleting compounds. REGULAR AGENDA 7. Public Forum. 8 . Consider: Ordinance No. 507 , 1st reading. TU Electric Rate Increase. Public Hearing. 9. Consider: Ordinance No. 480-15 , 1st reading. (ZA 90-04) Request for a Specific Use Permit for the sale of "Beer-By-The-Glass" in conjunction with a dine-in restaurant to be known as Pizza Parlor. The property is zoned Commerical-2 . The sale of alcoholic beverages is permitted in this district per Ordinance No. 480 , Section 45 . 1 (a) by Specific Use Permit. Owner: Ken Golba Continuation of the Public Hearing. //Fr City of Southlake,Texas City Council Agenda May 1 , 1990 page two 10. Considr: Ordinance No. 480-19 , 1st e� ing. (ZA 90-13) . Zoning request for a 3.6 acre tract of land out of the C.B. McDonal rvey, Abstract No. 1013 , Tracts 4 , 4B, and 4C and the P.R. Splane Survey, Abstract No. 1453 act 1B. The property is has been e into the city as Agricultural, request is for the Industrial-2 Zoning District. Owner: Fina Oil and Chemical Company. Location: 2400 Hwy 26 . Public Hearing. 11 . Consider: Ordinance No. 480-20 , 1st rea (ZA 90-15) . Zoning change request an oncept plan for a 39. 5508 acre tract9 and out of the Littleberry G. Hall Survey, Ab t-fact No. 686 , Tracts 1D and 1F and the Thomas . Hood Survey, Abstract No. 706 , Tracts 9A and . Current zoning is Agricultural, request is r the Single Family 20 B Zoning District. ,0 ner: Marion G. Truelove; Applicant: James R. C Harris Company. Public Hearing. 12 . Consider: Ordinance No. 480-21 , 1st reading. (ZA 90-16) . Zonrr change and concept .lan for a 3 . 87022 acre tract o nd out of t ttleberry G. Hall Survey, Abstract No. 6 ing a portion of Tract 1F. Current zoni is ricultural, request is for the Single Fa ly 30 Zoni District. Owne -:'-Marion G. Truelove. Applicant: James R. ris Company. Public Hearing. 13 . Consider: ZA reliminary plat of k Hill Estates, a 43 . 421 acre -a tt of lan out of the Littleberry G. Hall Survey, Abs c N . 686 , Tracts 1D and 1F and the Thomas ood Survey, act No. 706 , Tracts 9A and Owner: Marion G. Tr love. A scant: James R. Harris Company. 14 . Consider: Ordinance No. 480-A, amending the Zoning Ordinance to allow for portable buildings in certain zoning districts within the City of Southlake. Public Hearing. //Fr City of Southlake,Texas City Council Agenda May 1 , 1990 page three 15. Consider: ZA 90-14 , a plat showing of 5 . 493 acres of land out of the Benjamin J. Foster Survey, Abstract No. 519 , Tract 1A1A3A. The property was annexed into the city as Agricultural on October 20 , 1987 . Location: East of Randol Mill Avenue at the southwest corner of Cross Timber Hill Addition. Owner: Robert H. Lemke. 6 . Consider: Conditional Sign Permit for SouthRidge Lakes . 17 . Consider: Ordinance No. 505 , 1st reading. Abandon Vehicles. 18 . Discussion: Continental Park Sewer Connection Fee Policy. 19 . Discussion: Consider Charter Amendments. 20 . 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 litigation. (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. 21 . Consider: Action necessary in regards to pending or contemplated litigations. (Refer to posted list) 22. Consider: Action necessary in regards to personnel matters, including Boards and Commissions (Refer to posted list) 23. Meeting Adjourned. I hereby certify that the above agenda was .posted on the official bulletin board at city hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, April 27 , 1990 at 5 : 00 p.m. pursuant to the Open Meetings Law, Article 6252,So" 'L!'�.S. • - o: to SA andra L. LeGrand - .' c,t+ City Secretary =% o� ' • o` `. .....••41• „fr ``� ft a //Fr 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 MEMORANDUM April 27 , 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution 90-30, V-22 Aircraft Program Mayor Fickes received a letter from Mayor Bill Souder, Hurst, requesting that Southlake take action by passing a Resolution urging Congress to reinstate full funding for the V-22 aircraft program into the defense budget. Souder stated he feels that cancellation or reduction of Bell Helicopter' s V-22 Osprey helicopter program would have such a drastic and immediately negative impact on all our cities, hopefully the collective actions of area cities will have a positive influence toward the reinstatement of full funding for this important program. A copy of Resolution 90-30 is attached for your review. LL/sl 5=� !Fr - ---- — LoiLy oUUli iictr1/4c, I Unct RESOLUTION NO. 90-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS , URGING CONGRESS TO REINSTATE FULL FUNDING FOR THE V-22 AIRCRAFT PROGRAM INTO THE DEFENSE BUDGET. WHEREAS, the V-22 Osprey tilt-roto aircraft is a project with potential for substantial commercial advantages for the United Stated, as well as for the communities where this technology is developed and constructed; and, WHEREAS, the V-22 represents the tangible results of a continuing commitment to excellence in the providing of equipment to our armed forces; and, WHEREAS, the V-22 program has produced not just a design but an actual flying aircraft capable of meeting a vital need to transport troops greater distances at greater speeds than with helicopters, yet with a helicopter' s flexibility to land off airports; and, WHEREAS, the development of the V-22 by the military will assist in developing technology which will be vital for civil aviation as airports and skies become increasingly more crowded with aircraft which need miles of concrete runways and long approach paths; and, WHEREAS, an interruption of funding for existing contracts for the development and construction of the V-22 aircraft may well cost us the acknowledged leadership role this nation has garnered not only in tilt-rotor design technology, but in aviation exports , thus further debilitating the trade balance with other countries; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1 That Congress be urged to reinstate full funding for the V-22 aircraft program into the Defense budget for the year 1990 . Section 2 That a copy of this Resolution be mailed to the Honorable George W. Bush, President of the United States , to United States Senators Lloyd Bentson, and Phil Gramm, the Honorable Pete Geren, the Honorable Joe Barton, the Honorable Dick Armey, the Honorable Martin Frost, U.S. Congressmen, and the entire Texas Congressional delegation. c'e2- City of Southlake,Texas Pr Resolution 90-30, continued 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 27, 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution 90-32, Control of Stratospheric Ozone Depleting Compounds. Resolution 90-32 , endorsing State and Local Government Control of Stratospheric Ozone Depleting Compounds, is attached for your review. The Resolution was developed by the Air Quality Advisory Committee' s Air Toxics Subcommittee, after a great deal of research and discussion among local government, industry, environmental, and citizen group members. In the spirit of the Earth Day theme, "Think Globally, Act Locally" , the Executive Board of North Central Texas Council of Government' s endorsement of this resolution serves to reinforce the sentiments behind these activities and encourages members of local governments in their current efforts. SLL/sl , ..iry or oourniaxe, i exas RESOLUTION NO. 90-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ENDORSING LOCAL GOVERNMENT ACTIONS TO CONTROL STRATOSPHERIC OZONE DEPLETING COMPOUNDS. WHEREAS, NCTCOG' s Air Quality Advisory Committee provides technical support and policy advice to the executive Board on air quality. issues in North Central Texas; and, WHEREAS, NCTCOG serves as a facilitator of local government involvement in air quality and other regional environmental issues; and, WHEREAS, the world scientific community has established that chlorofluorocarbons (CFCs) , halons , and other chlorinated solvents are destroying the Earth' s stratospheric ozone layer; and, WHEREAS, increases in ultraviolet light as a result of stratospheric ozone depletion would dramatically increase the incidence of skin cancer and cataracts, and could cause a global environmental catastrophe by disrupting the world food chain, reducing worldwide production of oxygen, and dramatically reducing world food production, as well as triggering immune system disfunctions in both humans and animals; and, WHEREAS, urban areas, both as major population centers and as centers of industry, have been identified as the major emitters of CFCs and other ozone-depleting compounds; and, WHEREAS, local governments will be called upon to play a role in the administration of any successful state, national or international efforts to stop the emission of ozone-depleting substances; and, WHEREAS, local governments , through their powers to protect the public health, and through their technical and institutional resources can serve as centers of innovation and action in eliminating emissions of CFCs and stratospheric ozone-depleting compounds; WHEREAS, NCTCOG' s Air Quality Advisory Committee has unanimously recommended that the Executive Board endorse local government actions to control stratospheric ozone-depleting compounds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS , THAT: Section 1 . That local governments in the North Central Texas region support state legislation in the 1991 session which will accomplish the results listed below: C;lty of 5outnlaKe, l exas Resolution 90-32 , continued page two (a) ban, effective no later than January 1 , 1995, the use of any stratospheric ozone-depleting compound in the manufacture, production, cleansing, degreasing or sterilizing of any substance or product, except in cases where no technically feasible, economically sound, and environmentally safe substitute or alternative is available; and, (b) ban, effective no later than January 1 , 1995, the manufacture, storage, distribution, or sale of any plastic packaging or insulation material that is produced using CFCs or other stratospheric ozone depleting compounds, except in cases where no technically feasible, economically sound, and environmentally safe substitute or alternative is available; and, (c) require the recycling, recovery, or proper disposal of stratospheric ozone-depleting compounds in all products which contain them, including, but not limited to, insulation, fire extinguishers, air conditioners, and refrigerators; and, (d) require all establishments which repair, service, or maintain refrigerators or air conditioning systems to recapture and recycle CFCs. Section 2 That local governments prepare and establish policies that will accomplish the above results without waiting for state legislation or in the event that the state fails to develop such legislation. Section 3 That NCTCOG will work with local governments and industry representatives to develop a model ordinance detailing specific measures in handling, recycling and disposal of CFCs and other stratospheric ozone-depleting compounds. Section 4 That this resolution shall be transmitted to the Texas Air Control Board, the U. S. Environmental Protection Agency, the Texas Congressional delegation, local governments , and other interested persons and agencies. City of Southlake,Texas Resolution 90-32, continued page three Section 5 That this resolution shall be in effect immediately upon its adoption. 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 1'..-Lf City of Southlake,Texas 1RDINANCE NO. 507 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,Q PPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS UTILITIES ELECTRIC COMPANY IN THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR SCHEDULES, CONDITIONS, SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES. WHEREAS on January 16 , 1990 , Texas Utilities Electric Company (TUEC) fi II/ with the City of Southlake a request for an increase in electric utility rates to be charged within the City in the amount of approximately $442 . 4 million per annum; and, WHEREAS, the City, having suspended the effective date of such proposed increase from February 20 , 1990 , and having considered the same at a public hearing, including the evidence and recommendations of the Cities' consultants is of the opinion and finds that the existing rates should not be adjusted; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Part 1: That the requested rates, tariffs, and charges of TUEC for electric power and energy sold within the City be in all respects denied. The Schedules of Rates, as a re approved in accordance herewith, are those under which the Company was operating immediately prior to the request for increase filed on January 16 , 1990 . TUEC shall be authorized to render electric service and to collect charges from its customers for the sale of electric power and energy within the corporate limits of the City until such time as the current Rate Schedules may be changed, modified, amended, or withdrawn, with the approval of the City Council. Part 2 : Notwithstanding any other provision herein contained, the rates of TUEC within the City of Southlake, shall not, in any case, exceed the rates of customers of TUEC in unincorporated areas whether such rates for unincorporated areas are set prior to or after the adoption of this ordinance and it shall be unlawful for TUEC, its agendas, servants or employees to collect or attempt to collect higher rates within the City of Southlake than are collected by TUEC within unincorporated areas. Part 3: That the action of the City Council of the City of Southlake enacting this Ordinance constitutes , on the date of its final passage, a final determination of rates for TUEC within the City of Southlake in accordance with Section 43 (e) of the Public Utility Regulatory Act. City of Southlake,Texas Ordinance No. 507, continued page two Part 4: Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under the law to regulate the rates and charges of TUEC. Part 5: That all Ordinances, Resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1990. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1990. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: Adopted: Effective: _ 1 Nims.um. JAN161990 OFFICE OF CITY SECRETARY, 71JELECTRI C Louie P.Rhodes,Jr. January 12, 1990 Manager City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 City of Southlake: Attached for filing please find a Petition and Statement of Intent for Texas Utilities Electric Company (TU Electric). This rate request is identical to those also being filed today with other regulatory authorities and affects all customers served by TU Electric. Also, transmitted with this letter as part of this filing is a rate filing package containing the testimony and data upon which the proposed rates are based. The entire rate filing package consists of twenty-four (24) separately numbered volumes and contains a copy of TU Electric's Petition and Statement of Intent before the Public Utility Commission of Texas for your information. Should you have any questions concerning the rate filing, please give me a call. Very truly yours,(IL& Sonny Rhodes SR/kj Receipt Acknowledged By: 7c;;j231‘,/,, • Title: CrN�ZJJiy / ,.., m.J47 Date: . . ��j._.f?) . . P.O.fox 1329 Grapevine,Texas 76051 EXECUTIVE SUMMARY CITIES CONSULTANT'S RATE ADJUSTMENTS IN TEXAS UTILITY ELECTRIC COMPANY'S RATE INCREASE,REQUEST DOCKET NO. 9300 BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS Texas Utility Electric Company ('TUEC") filed a $442,353,715, or 10.2%, • rate increase on January 16, 1990. TUEC's total rate increase is comprised of two components: a $669,940,617, or 25.7% base rate increase combined with a $227,586,902 fuel related decrease ($669,940,617 - $227,586,902 = $442,353,715). Over 60 Cities in TUEC's service territory joined together to form a steering committee to intervene in TUEC's rate case. The Cities retained the firms of Diversified Utility Consultants, Inc., ("DUCT") and Technical Analysis Corporation ("TAC") to provide technical assistance in the review of the Company's revenue requirements and prudence in the construction of Comanche Peak Nuclear Power Station. On April 12, 1990, DUCI filed revenue requirement testimony before the Public Utility Commission of Texas ("PUCT') which reflected a reduction to the Company's overall rate increase of $337,756,464 which resulted in a $104,597,251, or a 2.4% overall rate increase. The entire reduction in revenue requirements- proposed by DUCI are assignable to the base rate component of the Company's requested increase. Thus the net result of DUCI's revenue requirement recommendations would still reflect a $332,184,153 ($669,940,617 - $337,756,464) base rate increase for TUEC. It should be noted that DUCI's revenue requirement recommendation did not reflect any impact associated with adjustments that will be proposed by TAC and/or DUCI in the prudence related portion of the Company's rate case before the PUCT. TAC has informed DUCI that at this point in time, it has identified enough mismanagement in the engineering and construction of the Comanche Peak Power Station to support a level of disallowance adequate to, at a minimum, result in a zero base rate increase. Further, DUCI has investigated the repurchase of the minority owner shares of Comanche Peak Nuclear Station by TUEC and believes that a potential additional revenue requirement reductions of approximately $74 million may be required to properly reflect the prudence of TUEC's repurchase. Such testimony by TAC and DUCI is not due until June of 1990. Thus, for purposes of action necessary to be taken by the various City Councils who are members of the steering committee, DUCI's adjustments already filed with the Cities and the PUCT along with currently estimated prudenced related adjustments at this time would eliminate TUEC's base rate increase in its entirety. To the extent further cuts are determined appropriate in the testimony to be filed before the PUCT in June of 1990 by TAC and/or DUCI, the PUCT will review such information and make an ultimate determination of the appropriate level of rate increase and/or rate decrease for TUEC after reviewing all information in its final format in hearings that will begin on April 26 and undoubtedly carry through into the fall of 1990. The major revenue requirement reductions proposed by DUCI in its April 12, 1990 revenue requirements testimony are as follows: 1. A $165 million reduction in revenue requirements to reflect the inclusion of consolidated tax savings, actual interest expenses and a reduced level of return. 2. A$54 million reduction to revenue requirements to reflect an 11.75% return on equity to the Company's stockholders versus a 13% return requested by the Company. • 3. A $36.4 million reduction to taxes other than income taxes to reflect a refund of State franchise taxes received by TUEC and the reduced level of. revenue requirements. 4. An approximate $30 million reduction to revenue requirements to reflect the lower working capital requirements of the Company on a cash working capital basis, for customer prepayments and for fuel inventories. 5. A $25 million revenue requirement reduction to reflect the appropriate service life and net salvage value of the Company's various plant investments. 6. A $9.25 million adjustment to Operation and Maintenance expenses in order to eliminate charges for refueling the Comanche Peak Unit No. 1 which may not occur for two years or longer into the future. Finally, several other intervenors have filed revenue requirement testimony before the PUCT. The staff of the PUCT filed its testimony on Thursday, April 19, 1990. The staff recommended a $19,764,424 reduction to the Company's requested base rate increase. The Staff's recommendations grant the Company 97% of its base rate increase request and further results in a 9.8% overall increase in rates compared to TUEC's requested 10.2% increase in overall rates. The Office of Public Utility Counsel ("OPUC"), a state agency, recommended an approximate $50 million reduction to overall rates prior to the impact of any prudence related disallowance. This level of rate reduction is equivalent to granting TUEC only 26.4% of its base rate increase request. Once again, it should be noted that OPUC's proposed reductions are prior to the impact of any prudence related disallowance associated with the engineering and construction of Comanche Peak. CapRock Electric Cooperative made limited adjustments which amounted to an approximate $120 million reduction to the Company's requested overall increase. Other intervenors chose to address very limited areas of the Company's request and their impact on the total revenue requirements, exclusive of any impact for prudence related disallowances, is not significant. TEXAS UTILITIES ELECTRIC COMPANY 1990 RATE REQUEST EXPLANATION OF RATE REQUEST TOTAL OVERALL RATE INCREASE REVENUE FORMULA: BASE RATE REVENUE INCREASE/ (DECREASE) + FUEL REVENUE INCREASE/ (DECREASE) = TOTAL OVERALL RATE REVENUE INCREASE/ (DECREASE) INCREASE/ (DECREASE) BASE RATE TOTAL OVERALL REVENUE FUEL REVENUE RATE REVENUE TUEC PROPOSED $669,940, 617 ($227,586,902) $442, 353 ,715 REVENUE ADJUSTMENTS $337,756,464 $0 $337,756,464 SUBTOTAL $332 , 184, 153 ($227,586,902) $104,597, 251 PRUDENCE ADJUSTMENTS $347, 085, 656 $0 $347, 085, 656 TOTAL ($14,901,503) ($227, 586,902) ($242,488,405) Summer Residential Rates f or 1,000 KWH Customer PROPOSED Winter Residential Rates For 1000 KWH Customer PROPOSED eo - P\\oPAo\o �\\ III • . ; DUCI ; DIVERSIFIED UTILITY CONSULTANTS, INC. 7800 SHOAL CREEK BLVD..SUITE 246 SOUTH,AUSTIN.TX 78757 TELEPHONE 1512)4643500 • TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: DIVERSIFIED UTILITY CONSULTANTS, INC. DATE: APRIL 20, 1990 RE: FINAL REPORT TO THE CITIES TEXAS UTILITIES ELECTRIC COMPANY RATE REQUEST Diversified Utility Consultants, Inc. ("DUCI") is pleased to provide your City with this Final Report on the Texas Utilities Electric Company's ("TUEC" or "Company") rate request. Your City should have received DUCI's revenue requirement testimony filed on your behalf before the Public Utility Commission ("PUCT") on April 12, 1990. DUCI's revenue requirement testimony did not reflect any of the Comanche Peak prudence issues since the results of the Cities' prudence analysis will not be completed until June 1990. This Final Report updates DUCI's April 12, 1990 testimony to reflect Technical Analysis Corporation's ("TAC") (Cities prudence consultant's) preliminary findings on the Comanche Peak prudence issue. It should be noted that while the TAC analysis and disallowance quantification of the prudence issue is not yet, complete - DUCI has incorporated the minimum disallowance that would be proposed by TAC at this stage of their • prudence review. After the TAC June 1990 final report is completed, DUCI will quantify any and all impacts in supplemental testimony before the PUCT. Based on the adjustments proposed by DUCI in the revenue requirements testimony filed at the PUCT on April 12, 1990, an overall rate increase of $104,597,251 or 2.4 percent as an alternative to the Company's requested $442,353,715 or 10.2 percent overallincrease results. The $104,597,251 overall rate increase is comprized of a $332,184,153 base rate increase and a $227,586,902 decrease in fuel revenues. DUCI has had discussions with the Cities prudence consultants in which TAC advised DUCI that their proposed level of investment disallowance, when calculated on a revenue requirements impact basis, will more than exceed the $332,184,153 base rate increase set forth in the April 12, 1990 revenue requirement testimony. In addition, DUCI's preliminary results regarding TUEC's repurchase of the minority owners interest of Comanche Peak will result in a further significant proposed disallowance. A sample ordinance is attached for your convenience that can be used in your final action regarding TUEC's rate request. The following pages of this Final Report to the Cities outlines all the proposed adjustments made by the consultants. 2 OVERVIEW OF TUEC'S REQUEST TUEC has filed for a $442,353,715 increase in total revenues. This amounts to a 10.2 percent increase over the Company's adjusted overall operating revenues for the twelve months ended June 30, 1989. These total revenues include fuel costs which are passed directly through to ratepayers in the Company's monthly fuel factor. When the Company's rate request is viewed from a base rate increase prospective i.e., all costs less fuel expenses, TUEC's request is for a $669,940,617 base rate increase. In other words, on a base rate basis, the Company is requesting an annual increase of 25.7 percent. The following table reflects the dollar and percentage increase in total and base rate revenues as proposed by the Company: TABLE I TEXAS UTILITIES ELECTRIC COMPANY PROPOSED INCREASE SUMMARY CURRENT PROPOSED PROPOSED INCREASE DESCRIPTION REVENUES REVENUES Total S 4,320.765,276 S 4,763,118.923 S 442,353,637 10.2 Bass S 2,605.507,370 S 3,275,447,987 S 669,940,617 25.7 The reason that TUEC's base rate revenue increase is so much higher than the total revenue increase is due to a substantial decrease in the Company's fuel costs. It should be noted that this phenomenon is not unique to TUEC. Utility companies in general have experienced such reductions due to the decrease in fuel prices which have occurred over the last several years and/or the commercial operations of a nuclear power plant with its corresponding lower due to fuel costs. Consultants Adjustments The following adjustments to the TUEC rate request reflect: (1) DUCI's adjustments to cost of service discussed in the revenue requirement testimony filed at the PUCT on April 12, 1990, and sent to each City participating in this case; and (2) the minimum impact of disallowance being proposed by TAC regarding the prudence of the engineering and construction costs of Comanche Peak. In addition, DUCT is providing an overview and cost of service impact of TUEC's repurchase of the minority owner's share of Comanche Peak. Table II below reflects the various cost of service adjustments recommended in the April 12, 1990 testimony: 3 Table II Texas Utilities Electric Company DUCI Adjusted Cost of Service For The Test Year Ended June 30,1989 • TUEC DUCI DUCI Description nest Adlustments Proposed Recoverable Fuel Cost $1,487,670,938 0 $1,487,670,938 O&M Expenses 1,184,386,406 (21,780,500) 1,162.605,906 Decommissioning Expenses 8,722,800 (1,744,560) 6,978,240 Depredation Expenses 356,904,847 (25,114,62)) 331,790.220 Federal Income Taxes 253.708,239 (164,939,113) 88,769.128 Older Taxes 351.948.336 (38.415.6831 315.530.654 Total Operating Exp. $3,643,339,564 (S 249,994,485) $3,393,345,082 Interest on Customer Deposits 3,307,760 0 3,307,760 Return on Invested Cap. 1.116.471.686 187.761.9791 1.028309.707 Total Cost of Service 54763,11 (5337,756,464) $4,425,362,549 As can be seen from the above table - DUCI's preliminary revenue requirement testimony of April 12, 1990 showed that a $337,756,464 reduction to TUEC's request was necessary before any consideration of Comanche Peak prudence issues. The following is a brief summary of each adjustment recommended in Table II. RATE OF RETURN ON EQUITY • TUEC has requested a 13 percent return on its stockholders capital investment in this rate filing. Based upon an analysis of investor expectations DUCI has proposed an 11.75 percent return for the Company's stockholders. The reduction in TUEC's revenue requirements resulting from this adjustment is approximately $54 million. RATE BASE DUCI has proposed a number of adjustments to the Company's rate base. The cumulative impact of these adjustments reduces TUEC's rate base by approximately $314 million and the Company's revenue requirements by approximately $33.9 million. Included in these adjustments are: (i) A proposed decrease in the Company's Working Capital requirements. This adjustment is associated with a reduction in TUEC's fuel inventory requirements, increased allowance for prepayments by customers and a lower level of operating cash requirements. (ii) Elimination of the Company's inclusion in rate base for past losses accumulated to their self-insurance reserves. 4 FEDERAL INCOME TAXES DUCI has proposed that the Company's requested FIT expense be reduced by approximately $165 million. This adjustment is based upon DUCI's estimation of the actual tax expenses which the Company should incur versus the hypothetical level calculated by TUEC. This adjustment results in part from the inclusion of consolidated tax savings, actual interest expense and a reduced level of return. DUCI's use of actual versus hypothetical tax expenses is in accordance with past Texas Supreme Court rulings. TAXES OTHER THAN INCOME DUCI has proposed an approximate $36.4 million reduction in the Company's proposed expenses for Taxes Other Than Income. This reduction is associated with the Company's estimated State Franchise taxes, Gross Receipts fees and State Regulatory Commission fees. The level of franchise tax has been reduced by approximately $22 million based on a reduction in the current amount of franchise tax expense included in revenue requirements and a two year amortization of the Company's recent franchise tax refund. Gross receipts fees and regulatory commission fees are directly related to the Company's total revenues. These expenses have therefore been reduced in accordance with the proposed reduction in TUEC's total revenue requirements. DEPRECIATION EXPENSE DUCI has proposed that the Company's requested level of depreciation expense be reduced by approximately $25 million. This recommendation is based upon an extensive analysis of TUEC's depreciation rates for its existing facilities and reflects corrections to the Company's estimated net salvage levels and average service lives. OPERATION AND MAINTENANCE EXPENSES DUCI has proposed a number of adjustments to the Company's requested level of O&M expenses. The cumulative effect of these adjustments is to reduce the level of O&M expenses by $21,780,500. Included in these adjustments are: (i) Elimination of "Nuclear Refueling Outage" Expense. DUCI has proposed the elimination from O&M expenses of $9.25 million related to a future refueling outage at Comanche Peak. This adjustment is due to the uncertainty as to when Unit No. 1 at Comanche Peak will require a refueling. (ii) Reduction in "Uncollectible Accounts" Expense. The level of uncollectible accounts is directly related to the Company's total revenues. This expense has been reduced by approximately $1.4 million as a result of our reduction in TUEC's total revenue requirements. (iii) Reduction in "Cancelled Plant"Amortization. 5 • TUEC has included in O&M expense an amount associated with a five year amortization of the Company's investment in the cancelled Martin Lake Unit 4 facility. DUC1 has proposed that these expenses be recovered over a ten year period resulting in a reduction in O&M expense of approximately$3.7 million. (iv) Eliminate Amortization of"Litigation" Expenses. As a condition of the settlements between TUEC and the previous minority owners in Comanche Peak [Texas Municipal Power Agency ("TMPA"), Brazos Electric Power Cooperative, Inc. ("Brazos"), and Tex-La Electric Cooperative, Inc. ('Tex-La")], the Company agreed to reimburse these entities for the litigation expenses they incurred during these proceedings. DUCT proposed that the $1.8 million included in the Company's expenses associated with these litigation costs be eliminated. (v) Reduce Contributions to "Self-Insurance" Reserves. TUEC has requested that ratepayers contribute approximately $8.8 million per year to the Company's self-insurance reserves. DUCT has proposed that this level of annual contributions be reduced to $3.6 million per year based upon an analysis of the Company's actual historical losses. DECOMMISSIONING EXPENSE Included in TUEC's estimated cost for the decommissioning of the Comanche Peak facilities is an additional 25 percent "contingency fee". DUCI has eliminated the expenses associated with this "contingency fee" based on the fact that it is inappropriate to make an expert estimate of future costs and then arbitrarily add 25% for unknowns. This is especially true when the estimate as developed for the Company is already a "high side" cost estimate. This adjustment has reduced the Company's requested decommissioning expense level by approximately $1.7 million. TAC'S ADJUSTMENTS As previously noted, TAC's final report is not due until June 1990. However, in order to provide the Cities with adequate evidence upon which to take final action by their individual City Councils, TAC has provided what it believes is a minimum level of the impact of the mismanagement associated with construction costs of Comanche Peak by TUEC. TAC has found significant problems associated with the engineering and construction costs of Comanche Peak by TUEC and has provided a 29.3% estimate of total plant cost as the quantification of such mismanagement for purposes of calculating the actions to be taken by the Cities. This 29.3% quantification is significantly below the level TAC envisions it will ultimately arrive at by the June filing date. Thus, the utilization of such minimum level provides a very conservative basis upon which to take action at the City Council level. The level, of adjustment as proposed by TAC is associated with unit number 1 at the Comanche Peak station. Therefore, there is no mismatching of mismanaged construction and engineering costs between TAC's proposal and the level of plant investment requested by TUEC for rate treatment in this case. 6 COMBINED REVENUE REQUIREMENT ADJUSTMENTS The resulting revenue requirement due to proposed adjustments of DUCI and TAC result in a small decrease on a base rate basis. Table III sets forth the total base rate decrease included in DUCI's April 12, 1990 testimony on revenue requirements, further adjusted by TAC's minimum preliminary adjustment to rate base and reflected by its impact on base rates. TABLE III TEXAS UTILITIES ELECTRIC COMPANY CITIES ADJUSTMENT TO BASE RATE FOR THE TEST YEAR ENDED DESCRIPTION $ TUEC Requested Base Rate Increase $669,940,617 DUCI Proposed Adjustment, (337.756.464) DUCI Proposed Base Rate Increase $332,184,153 Impact of Minimum Prudence Adjustment: Operation & Maintenance Expense ($1,457,760) Depreciation Expense (43,484,679) Federal Income Tax (92,917,597) Other Taxes (28,856,170) Return on Invested Capital 1180.369.450) TAC Proposed Base Rate Increase ($347,085,656) Cities Net Base Rate (Decrease) ($14,901,503) TUEC REPURCHASE OF MINORITY OWNER SHARES IN COMANCHE PEAK Based on the Company's Petition and Statement of Intent, TUEC is requesting a public interest finding, as well as other favorable findings, regarding the repurchase of the minority owners share of the Comanche Peak facilities. Such public interest finding is necessary in order for the Company to include such investment into rates. For example, with regard to the repurchase of the TMPA's interest, the Company states the following in its Statement of Intent, Volume 1, page 2 of its rate filing: As part of this proceeding, TU Electric further requests that the public interest and other findings be made favorable to TU Electric with respect to the purchase by TU Electric from the Texas Municipal Power Agency ('TMPA") of TMPA's undivided 6.2% interest in Comanche Peak and undivided 20% interest in the Comanche Peak - Parker Switching Station 345 KVA transmission line (as required by this Commission's Order in Docket No. 8015). Thus, the Company is requesting that this Commission include in current rates the costs incurred by TUEC regarding the repurchase of the minority owner shares of Comanche Peak. What is very clear from TUEC's request is that it now wants the PUCT approval, under Section 63 of the Public Utility Regulatory Act, that its settlement with the minority owner partners was in the public interest. 7 Mr. Nye, President of TUEC, filed testimony claiming that the PUCT had approved the Company's repurchase of TMPA's ownership interest in Comanche Peak. Furthermore, Mr. Nye's testimony claimed that the Commission had approved the repurchase of Brazos ownership interests. This testimony of Mr. Nye totally mischaracterizes the PUCT's actions and intent in its previous decisions regarding the transfer of ownership in Comanche Peak. Based on a review of the final order and Examiner's Report from Docket No. 8015 the first thing that should be noted is that Docket No. 8015 was styled as follows: APPLICATION OF TEXAS UTILITIES ELECTRIC COMPANY TO AMEND ITS CERTIFICATE FOR COMANCHE PEAK GENERATING STATION Thus, the Company was requesting that the Commission amend its certificate to reflect a proposed transfer of partial ownership interests in Comanche Peak and an associated 345-KVA transmission line from TMPA. The PUCT was not asked to approve nor did they approve the reasonableness of the repurchase of TMPA's ownership interests in that case. The Commission changed TUEC's certificate pursuant to TUEC's request. Furthermore, at page 3 of the Examiner's report in Docket No. 8015, the following is stated: TU Electric emphasized that it is not now requesting that the Commission approve the reasonableness of the consideration or other terms of the agreement between it and TM PA. Rather, TU Electric has expressly requested that the Commission reserve such a determination for review in a subsequent TU Electric rate case. (Emphasis added) While TU Electric may wish that this Commission now (in this the subsequent rate case) consider the reasonableness and other terms of the asset transfer--it would be helpful if TU Electric would provide a modicum of testimony and/or evidence on which such reasonableness could be measured by the Commission and/or intervenors. It is worth noting that the Commission did state in its Final Order in Docket No. 8015 the following: All issues related to the allowance of costs associated with this transfer, including Commission review of the prudence of the transaction and of the reasonableness of the consideration paid by TU Electric for the facilities, are reserved for the rate case in which TU Electric requests rate base treatment for all or a portion of the facilities. Furthermore, in that same case, the Commission staff shall conduct an investigation pursuant to Section 63 of PURA to determine whether TU Electric's acquisition of Texas Municipal Power Agency's ownership interest in the facilities is consistent with the public interest. (emphasis added) Thus, TUEC was forewarned that the issues of reasonableness of the acquisition, prudence of the transaction and questions regarding the public interests were issues to be resolved in this case. TUEC obviously has the burden to address these issues head on, yet elected to provide no support or evidence to include such facilities in rate base or cost of service. Not only did TUEC not provide an affirmative case, but we could find no place in the twenty-four volumes of testimony filed by TUEC where the Company even shows how much was paid 8 • for these facilities. The following table details the various adjustments necessary to the Company's filed "Electric Plant-in-Service" to exclude the transaction associated with TUEC's purchase of 140 MW's of Comanche Peak Unit I and associated common plant facilities from the minority owners: TABLE IV COMPONENTS OF MINORITY PURCHASES INCLUDED IN ELECTRIC AND TRANSMISSION PLANT IN SERVICE DESCRIPTION TOTAI, Land Owned In Fee $ 1,363,499 Structures and Improvements 153,376,248 Reactor Plant Equipment 235,229,473 Turbo Generator Units 37,324,816 Accessory Electric Equipment 114,727,903 Misc.Power Plant Equipment 21,860,663 Station Equipment 2,883,700 AFUDC 8.304,502 Communication Equipment 257.269 Total Production Plant In Service 8575,328,073 Transmission Plant 5.543.548 Total Plant In Service S580,871,621 DUCI's estimates that removing TUEC's request of charging ratepayers for this capacity that the minority owners refused to pay for is approximately a $105,000,000 reduction in revenue requirements. This adjustment alone would result in eliminating the remainder of TUEC's overall rate request after DUCI's other revenue requirement adjustments but before TAC's preliminary minimum adjustment prudence. DUCI is investigating this issue further and will be providing testimony to the PUCT in June 1990, on this matter. Our initial analysis of TUEC's decision to repurchase this expensive capacity and charge ratepayers costs that the three former Comanche Peak partners would not pay because of a deal gone sour is not reasonable. OTHER INTERVENOR TESTIMONY OFFICE OF PUBLIC UTILITY COUNSEL ("OPUC") The OPUC filed its revenue requirement testimony on April 12, 1990 and made the following recommendations regarding TUEC's rate request: DESCRIPTION TUEC OPUC Total rate increase dollars 8442,353,715 ($49,804,898) Total rate Increase percent 10.2% (1.14%) Bass rats Increase dollars $669,940,617 8173,368,332 Base rats Increase percent 25.7% 8.65% As can be seen from the above table, OPUC is recommending a rate It should be noted that TUEC will In its Comanche Peak Unit II case be requesting rate recognition of the remaining 140 MWs purchased from minority owners. 9 decrease of about$50 million on a total revenue basis. It should be noted that the OPUC recommendation does not take into consideration any of the Comanche Peak prudence issues. On a base rate basis, the OPUC analysis results in a $173,368,332 increase of about 6.65 percent versus the TUEC request of $669,940,617 or 25.7 percent. The following table reflects the OPUC's recommendations in this case: OPUC RECOMMENDATION • TEXAS UTILITIES ELECTRIC COMPANY TOTAL ELECTRIC REVENUE REQUIREMENT TEST YEAR ENDED JUNE 30,1989 ($1,000) COMPANY ADJUSTMENTS OPUC RATE YEAR TO COMPANY RATE YEAR FUEL $1,487,670.936 S0 $1,487,670,936 PURCHASED POWER 0 0 0 OPERATIONS AND MAINTENANCE 1,184,386.387 (20.659,042) 1,163,727,345 DECOMMISSIONING EXPENSE 8,722,800 0 8,722,800 DEPRECIATION AND AMORTIZATION 356,904,8847 (11,659,578) 345,245,270 OTHER TAXES 351.946,336 37,246,121 314,700,215 FEDERAL INCOME TAXES 253,708,239 (180,974.762) 72,733,477 INTEREST ON CUSTOMER DEPOSITS 3,307,760 526,116 3,833,876 RETURN 1.116.471.686 (175.812.282) 940.659.403 TOTAL REVENUE REQUIREMENT 4,763,118,991 (425,825,668) 4,337,293,322 LESS:REVENUE AT PRESENT RATES 4,320,765,276 6(3.332.944 4,387,098.220 REVENUE DEFICIENCY/(SURPLUS) 442, 353, ,7� (492,158,6131, 49 PERCENT TOTAL INCREASE/(DECREASE) 10.24% 11.38% -1.14% PERCENT BASE RATE INCREASE/(DECREASE) 25.71% (19.06% 6.65% PERCENT FUEL INCREASE/(DECREASE) (13.27%) 0.00% (13.27%) CAP ROCK ELECTRIC COOPERATIVE, INC. ("Cap Rock") Cap Rock, along with several other cooperatives, put forth revenue requirement testimony which did not address all the issues in this case. Cap Rock did address six issues which if adopted by the PUCT would result in approximately a $120,509,000 reduction in TUEC's overall request. The issues . and approximate impact of each recommendation proposed by Cap Rock are shown below: CAP ROCK REVENUE REQUIREMENT RECOMMENDATIONS Description Amount, Return on Equity $61,817,000 Efficiency Adjustment 16,999,000 Cash Working Capital 9,857,000 Wheeling Revenues 9,500,000 Accounts Receivable 22,137,000 Deferred Taxes 199.000 Total Adjustments $1 20.509.000 io Thus, the limited adjustments proposed by Cap Rock result in decreasing the$442,353,715 requested by TUEC down to a level of about$317,088,000. While a number of other intervenors have filed testimony on revenue requirement issues, each of these testimonies only addressed one or two issues. In other words, no other party has made a significant revenue requirement recommendation at this stage of the proceedings. PUCT STAFF POSITION The PUCT Staff on Thursday, April 19, 1990, filed the testimony of 13 individuals in presenting its revenue requirements testimony before the PUCT. The Staff has had one additional week to review the revenue requirements testimony of all intervening parties filed on April 12, 1990. Out of the $669,940,617 base rate increase requested by TUEC's the Staff recommended a total reduction of $19,764,424. In other words, the Staff is recommending that the PUCT grant 97%of TUEC base rate request. This recommended level of rate reduction is the smallest proposed rate reduction to the Company's request filed by almost any party to this proceeding. In fairness to the Staff, it should be noted that they did not make recommendations in certain areas of the Company's rate request "due to the current Staff caseload and limited resources". In fact, one Staff witness cannot even file testimony until Monday, April 23, 1990, to support his adjustment which was to accept the Company's proposal level of depreciation in total. The reason stated by the General Counsel of the Commission in its Motion for Late Filed Testimony was due to the "limitation of staff resources and expertise in the depreciation area." The following is a summary of the PUCT Staff's recommendations: 1. Return on stockholder equity. The Staff is recommending a 13.03% return on equity which includes a bonus for TUEC in excess of $6 million before income taxes for perceived fuel efficiencies. It should be noted that TUEC did not even request this high of level of return on equity. 2. Federal Income Taxes. The Staff is recommending that TUEC's FIT request be increased by $32.3 million. 3. Operation & Maintenance Expense. The Staff is recommending a $28 million reduction to O&M. Of this reduction, $2 million is associated with minority owner litigation costs which are being transferred to a plant account rather being denied to the Company. In addition, $9.2 million of the $28 million noted above is being shifted to future ratepayers rather than being denied to TUEC. Thus, approximately $11 million of the $28 million cannot be considered a disallowance but rather a timing difference in the collection from ratepayers. Attached are the pertinent schedules of the Staff which reflect the balance of the approximate$23 million of reduction to TUEC's rate request. PUBLIC UTILITY COMMISSION OF TEXAS SCHEDULE I +444+444444+4444+4+++444+44+44++44 TEXAS UTILITIES ELECTRIC COMPANY - DOCKET NO. 9300 444444444444444444444+44444444++44H44+44++4444f+4 REVENUE REQUIREMENT +++++444+444+4+4444 (COLUMN I1 (COLUMN 2) (COLUMN 3) (COLUMN 4) (COLUMN 5) TEST YEAR COMPANY COMPANY STAFF STAFF PER BOOKS ADJUSTMENTS REQUESTED ADJUSTMENTS RECOMMENDED DESCRIPTION - TO TEST YEAR TEST YEAR TO REQUEST TEST YEAR PURCHASED POYER S 415,379,903 $ 45,034,859 S 460,414,762 S 0 $ 460,414,762 FUEL 1,368,102,218 (126,079,1931 1,242,023,025 0 1,242.023,025 OPERATIONS AND MAINTENANCE 840,642,000 122,977,537 969,619,537 (28,479,478) 941,140,059 DEPRECIATION 236,378,137 120,526,710 356,904,847 0 356,904,847 DECOMMISSIONING EXPENSE 0 8,722,800 8,722,800 (644,259) 8,078,541 INTEREST ON CUSTOMERS DEPOSITS 0 3,307,760 3,307,760 526,117 3,833,877 TAXES OTHER THAN INCOME TAXES 281,492,764 70,453,572 351.946,336 (469,8221 351,476,514 FEDERAL INCOME TAXES 139,004,050 114,704,189 253,708,239 32,257,937 285,966,176 RETURN 972,720,079 143,731,607 1,116,471,686 (22,954,9191 1,093,516,767 REVENUE REQUIREMENT 1 4,253,719,151 S 509,399,841 S 4,763,118,992 S (19,764,4241 S 4,743,354.568 STAFF'S ADJUSTMENT TO TEST YEAR PER BOOKS IS DERIVED BY ADDING THE AMOUNT IN COLUMN 2 TO THE AMOUNT IN COLUMN 4 PUBLIC UTILITY COMMISSION OF TEXAS SCHEDULE II 4tot#t#f4lttHt*t44 4tit444tf#4ft TEXAS UTILITIES ELECTRIC COMPANY - DOCKET NO. 5300 44444444444t44444#4#4t4f4#t44444444#444##4# OPERATIONS AND MAINTENANCE (EXCLUDING FUEL AND PURCHASED POWER) 4Ht4ttt444H##44H4444t444#t4t#444t4#44444414H4f##44t4 (COLUMN 1) (COLUMN 2) (COLUMN 3) (COLUMN 41 (COLUMN 5) TEST YEAR COMPANY COMPANY STAFF STAFF PEA BOOKS ADJUSTMENTS REQUESTED ADJUSTMENTS RECOMMENDED DESCRIPTION TO TEST YEAR TEST YEAR TO REQUEST TEST YEAR O&)1 NOT ADJUSTED $ 422,300,676 $ 0 $ 422,300,676 $ (34,083,576) 5 388,217,100 SANDOW UNIT 4 0 (19,213,633) (19,213,633) 7,131,906 (12,081,727) COMANCHE PEAK UNIT 1 0 116,896,000 116,896,000 (39,732,000) 77,164,000 PAYROLL EXPENSE 308,950,153 5,846,566 314,796,719 25,048,571 339,845,290 PAYROLL RELATED EXPENSE 6,689,680 126,286 6,815,966 36,245,981 43.061,947 RETIREMENT PLAN COSTS 15,173,705 (6,819,003) 8,354,702 651,280 9,005,982 EXPENSE/SALE-RCS RECEIVABLE 3,420,663 16,155,061 19,575,724 (1,694,198) 17,881,526 AMORT/ABANDONED PLANT 174,026 7,275,129 7,449,155 (3,724,578) 3,724,577 NONRECURRING EXPENSE 28,970,480 (28,970,480) 0 0 0 AMORT/LITIGATION COSTS 0 1,817,109 1,817,109 (1,817,109) 0 AMORT/RATE CASE EXPENSE 8,546 8,570,854 8,579,400 0 8,579,400 PROPERTY INSURANCE RESERVE 0 8,858,905 8,858,905 (6,652,771) 2,206,134 RESEARCH/EPRI 15,510,594 258,139 15,768,733 0 15,768,733 COMBUSTION TURBINES 21,658,981 15,956,000 37,614,981 (9,149,826) 28,465,155 UNALLOWABLE EXPENSE 292,098 (292,098) 0 0 0 UNCOLLECTIBLE EXPENSE 17,492,398 2,512,702 20,005,100 (703,158) 19,301,942 TOTAL OPERATIONS AND MAINTENANCE $ 840,642,000 $ 128,977,537 $ 969,619,537 $ (28,479,478) 5 941,140,059 STAFF'S ADJUSTMENT TO TEST YEAR PER BOOKS IS DERIVED BY ADDING THE AMOUNT IN COLUMN 2 TO THE AMOUNT IN COLUMN 4 PUBLIC UTILITY COMMISSION OF TEXAS SCHEDULE IV 4{4444444444H#4444444444###44 TEXAS UTILITIES ELECTRIC COMPANY - DOCKET NO. 9300 444#444444#44#4444##4444##4444#444444444 INVESTED CAPITAL 44444444#444444 (COLUMN 1) (COLUMN 2) (COLUMN 3) (COLUMN 4) (COLUMN 5) TEST YEAR COMPANY COMPANY STAFF STAFF PER BOOKS ADJUSTMENTS REQUESTED ADJUSTMENTS RECOMMENDED DESCRIPTION TO TEST YEAR TEST YEAR TO REQUEST TEST YEAR PLANT IN SERVICE $ 7,726,476,089 $ 5,725,099,155 $ 13,451,575,244 S 0 S 13,451,575,244 ACCUMULATED DEPRECIATION (2,663,499,2731 65,019,329 (2,598,479,9441 0 (2,598,479,9441 NET PLANT IN SERVICE 5,062,976,816 5,790,118,484 10,853,095,300 0 10,853,095,300 NUCLEAR FUEL 301,371,064 (254,556,4501 46,814,614 0 46,814,614 PROPERTY HELD FOR FUTURE USE 24,952,996 (17,138,027) 7,814,969 0 7,814,969 WORKING CASH ALLOWANCE (67,131,6141 (94,580,454) (161,712,0681 (1,106,772) (162,818,840) MATERIALS AND SUPPLIES 123,536,815 (4,928,9351 118,607,880 859,163 119,467,043 PREPAYMENTS 60,146,019 0 60,146,019 (587,2431 59,558,776 FUEL INVENTORY 76,829,131 (74,3611 76,754,770 0 76,754,770 DEFERRED FEDERAL INCOME TAPES . (845,487,286) 27,425,730 (818,061,556) (13,753,5691 (831,815,1251 CUSTOMERS DEPOSITS (52,926,9031 0 (52,926,9031 0 . (52,926,9031 PROPERTY INSURANCE RESERVE , 0 10,294,526 10,294,526 (10,909,5761 (615,050) CUSTOMER ADVANCES (303,612) 0 (303,612) 0 (303,6121 OTHER COST FREE CAPITAL 0 0 0 (36,530,3911 (36.530.3911 L INVESTED CAPITAL $ 4,683,963,426 S 5,456,560,513 $ 10,140,523,939 S (62,028,3881 $ 10,078,495,551 RATE OF RETURN 0.110100 -0.001600 0.108500 RETURN S 1,116,471,686 $ (22,954,9191 S 1,093,516.767 STAFF'S ADJUSTMENTS TO TEST YEAR PER BOOKS IS DERIVED BY ADDING THE AMOUNT IN COLUMN 2 TO THE AMOUNT IN COLUMN 4 City of Southlake,Texas MEMORANDUM April 24 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-04 Specific Use Permit ZA 90-04 is a request for a Specific Use Permit for the sale of "beer-by-the-glass" in conjunction with a sit-down restaurant to be known as Pizza Parlor. The proposed restaurant is to be located at 1101 E.N.W.Parkway, Suites 102 and 103 , Carroll Oaks Shopping Center. The owners of the property are John David and Ken Golba d/b/a Pizza Parlor. The property is zoned Commercial-2 . The sale of alcoholic beverages is permitted in this district per Ordinance No. 480 , Section 45 . 1 (1) by Specific Use Permit. There were sixteen (16) letters sent to property owners within 200 feet as well as each of the tenants in the Carroll Oaks Shopping Center. To date, there have been three (3) written responses regarding this request. Mr. Milner, 651 E. Highland, Mr. and Mrs . Nimphius , 1050 Lakewood, D.C. Hardy and J.B. Stahala, N.E. corner of N. Carroll and Hwy. 114 , are in favor of the request. Roger Rickenberg, co-owner of Kid' s Kourt, spoke in opposition to the request. On February 22 , 1990 , the Planning and Zoning Commission recommended denial (5-0) of this request. They felt that the location was not right due to Kid' s Kourt, a drop-off babysitting establishment, being next door to the proposed Pizza Parlor. On March 6 , 1990 , the City Council approved the applicant' s request to table until April 4 , 1990 . On April 4 , 1990 , the City Council approved the applicant' s request to table until May 1 , 1990 . Regarding the issue of parking, it appears that an additional eight (8) spaces would be needed to comply with the ordinance. There are seventy-six (76) shown of the site plan. 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RAINBOW w MIC EL GREENWOOD • ST I rlildnlSTA7. �fl GREfo - 1 L� I N BRIAR _ W CONTILENTAL 86 . - CONTINENTAL FI•(II w 3 " e o CONTINENTAL BLVD.E Pd •• •— F ty, CARROLL I Cl c ;u HART SI • =.UMENTARY = OASTspoprOy♦ ♦ s o s 1938 ' }�NRcT�° i /B G B`1 ,! 3 3 E / I f3,4kwrs � � ♦ r / W; ) 11 COLLEYVILLE 2A 9'3 .,___.,:.\b. ��➢tltiD1AGEIN flD OLD MILL fa. `, Vl., 1 V_tJ 1.\_#. ..11 UL t/(All V i i 14200 Midway, Su. 122 _ Da : TX. 752 2 I_ 3 4II i ' qRR��� � 5 i � 15 )1 11 i8 s 11� 1 .,� p r . , 12 16 1 �, C-3 1 1 19 G. nL. it L. fiighl. . .yo ZL.191@ 30880 1 '9TiS.� 13 17 FS i'A R.Pit eel e 21 4,9 959 - Ca rrn 1 Aut.. TR 1 Robt.G.Hazzard 44' Brenda 4j" D.C.Hardy ETUX A. & J. State-la 34. , :. 1000 W' dWood Zack 16414 San Pedro #675 SL Attebe 1 an Antonio 20 78232 SE-1 050 Wil.i Nood 1,0% 717 3 C SL. i4 WI' AG SF-1 SF-1 NI C-2 i.85 Q Charles & sanN Q 1,".‘, 2 Lofstirom �1�• 0` N s A K5 1025 WildWood \ \OAS�N James Nimphius E. Ray Morris 1050 Lakewood c/o Venture Const. 1. i3 SL !4 5660 Aeachtree Iid Blvd. .91 SF-1 Norcross, GA. 390'1 Office-1 "V� Roger G. Baird 6y Box 881 4/ it- 1" SL ��° 3 2 1 C-3 .j I a TR IA 1V 9.83 AC (8.83 AC) (1.0 AC) 1 T ...„ WO ORD 0 TR 3C 3.0 AC TR 5 !.5 MO \ or WILDWOOD . 15•00'\��\Cy\ \\ SITE ex16O744 W \' \\ v , g LAKE 21 WOOD \ .e•N\� 0 0 CC 0 )NUMENT \ • \ \ \ r Q \' '• , • \N .\ SOUTHLAKE also. } � NS < ss�• � \�\ VICINITY MAP I C�±\ . . SC:N.T.S. VP • \ \ mod+ ,,90 \'4\\ \ \��,\ N 1 \�`'�w. \ �Lri 0 \\\\\\ \� GROSS AREA /., \ ,, \'o,r\ \V N. _.'.ROW DED O.c \ pOy!\ \ \�� �c'„,0\N, NET ACREAGE 1.7 \ ..,,,. F I I • `�4 \\ \\\ \\ \� / 111 II I \\ \ \ c \ TEXAS POWER S LIGHT 1 MONUMENT \ CO.EASEMENT aW I ` / \� \ VOI.I349 p0.401 / \ \D.R.T.C.T. N 1 , O1`N I%\I b \ II1I I / / \ _ •N\. \ t ' 1� Z U` I LOT / �\ '1 w ' ml \ 80,6ER SOFT \ ;a`� oA \ \ 1J ` o 1� a 1.8517AC. \ I BLOCK I `� \ z -Light Commer\/o/ \\ 'm iI I lia\ S• ' 1 I ti I \ _ BEGINNING N I I \ i�' Ti "'�'3 O� \) i I • `� 8 MONUMENT 0 l stri 00"E \\ I ynit I 1 • I /I i� TEXAS POWER A LIGHT i CO.EASEMENT I VOL.2047 PG.292 // I I 1 DRTC.T. lY I ) TION I 1 : `� , c �� � I �1 ih \ I %I I 1 I E 4 `J, I s_?O'4T/UTY EASEMENT I O O 1 I I I IW /T'R.O.W. TO BE Q� Ah 31 \ DEDICATED �iY CffY I C 1 _ • it Ila \ / qi .o �s I s p E tfi. o "UniCO.EASEMENTOLIOHT I`N CL / • ' N1 I' �. VOL.ISO4 PO.f228 i r �`O.R.T.C.T. tji / 2L Y /d� BU/tQ y6 SETBACK IUNO�Fl14E O WIDPH!•� :IN 13. ROD L I 1 l60.99' '—— J ``/?PVT/L/TY EASEM —_ 1 N83°/3'3B. /640/ 'T I' 1 �• W-266.39 )1(ION • 5/0"STEEL • i_5 ypiM 15 t1/410 °t4 ROD i • te ,.-^:_-1 i~-• • . • ' .•r :r 'r 1 • r �- o ......• • �� :- 4ff . • • NY Nir .` -''co co pb . • (11 ARir no - P . - RIIKAX 114 SUITE 112 . • • • AMERICAN BANK E • SUITE 114 . • 9-6 THE CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-15 AN ORDINANCE AMENDING ORDINANCE NO. 480, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED, PASSED AND APPROVED . ON SEPTEMBER 19 , 1989 , GRANTING A SPECIFIC USE PERMIT ON A TRACT OF LAND WHICH IS WITHIN THE CITY OF SOUTHLAKE, TEXAS, AND DESCRIBED AS 1101 E.N.W. PARKWAY, SUITE 102 AND 103 OF THE CARROLL OAKS ADDITION; APPROVING A SPECIFIC USE PERMIT FOR THE SALE OF "BEER-BY-THE-GLASS" ; PRESERVING ALL OTHER PORTIONS OF THE COMPREHENSIVE ZONING ORDINANCE, PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY OF NOT LESS THAN TWO DOLLAR NOR MORE THAN TWO THOUSAND DOLLARS ($2 , 000 . 00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND PROVIDING AN EFFECTIVE DATE. THE STATE OF TEXAS COUNTY OF TARRANT THE CITY OF SOUTHLAKE WHEREAS, a change in the classification of a zoning district has been requested by a person or corporation having a proprietary interest in the property described in Exhibit "A" ; and WHEREAS, the requested change was submitted to the Planning and Zoning Commission of the city of Southlake, Texas (the "City") for its recommendation and report; and WHEREAS , the Planning and Zoning Commission of the City of Southlake and the City Council of the City of Southlake, in compliance with the laws of the State of Texas and with the provisions of the Comprehensive Zoning Ordinance of the City of Southlake, have given the requisite notices by publication and otherwise and have held due hearings and afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof; and WHEREAS, the City Council does hereby find and determine that the granting of such change in the classification of the zoning district is in the best interest of the public health, safety, morals and general welfare of the City. v NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1 . That Ordinance No. 480 , the Comprehensive Zoning Ordinance of the City of Southlake, Texas , passed and approved on September 19 , 1989 , as originally adopted and amended, (the "Comprehensive Zoning Ordinance") , be and the same is hereby amended and changed in the following particulars and all other existing Sections, , Subsection, Paragraphs, Sentences, Definitions, Phrases and Words of said Comprehensive Zoning Ordinance are not amended, but remain intact and are hereby ratified, verified and affirmed. A. A~Specific.z.se Per`Ynit`::11,,herebyTgra D d""'for t"he ;sale, of 'Beer=by=the�glass-�' in conjunc�tion with a dine-i'n re k`nowYn .staurant to ribe Pizza Parlor \r -_ ._ Section 2 ill-at—this Specific Use Permit shall sl�low for, the sale of "beek {bya:the=glass" subgect-to the. provisions ,contained in this=ordinance and the applicable_ regulations - contained zn the Comprehensive Zoning Ordinance. \ J Sect 3�. That the here-in' described property shall bes ued only ' ithe manne and for 6 t,W pi posre provided,,,, by -the', r-- 9G 5 ^"�, �„y fir•, ,4 F` y.'. k Y` o ee,� <.�j < s a ,p r t. ,�. Comprehens g�07;2" .fipa%, amended `herein by' the 0�6 r Ong_ oLJ th is4, ,Srp'e � f3 c Use Permit, sub3Fect to the following spe, _frc requirements and special conditions': r,y_.--- ____ Section 4 . The City Manager of the City is hereby directed to correct the official zoning maps of the City to reflect the herein change in zoning. Section 5. That in all other respects the use of the tracts of land herein above described shall be subject to all the applicable regulations contained in said Comprehensive Zoning Ordinance of the City and all other applicable and pertinent ordinances of the City. Section 6 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan of the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent over-crowding of land, to avoid undue concentration of populations; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements , and to make adequate provisions for the normal business , commercial needs and development of the community. They have been made with reasonable consideration, among other things of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 7. This ordinance shall be cumulative of all other ordinances of the City affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 8 . That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 9 . Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2 ,000. 00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. PASSED AND APPROVED ON FIRST READING BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, this the day of , 1990. PASSED AND APPROVED ON SECOND AND FINAL READING BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, this the day of , 1990 . Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake City of South lake,Texas MEMORANDUM April 24 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-13 Zoning Change Request ZA 90-13 is a zoning change request for 3 . 61 acres out of the C.B. McDonald Survey, Abstract No. 1013 , Tracts 4 , 4B, and 4C and the P.R. Splane Survey, Abstract No. 1453 , Tract 1B. The tracts are located at 2400 Highway No. 26 West across from Grapevine High School. The owner of the tract is the Fina Oil and Chemical Company. The tract is being annexed into the City as Agricultural; the requested zoning is Industrial-2 . The Land Use Plan indicates industrial use in this area. There were two (2) letters sent to properties within 200 feet. To date, there has been no response or inquiry to this request. On April 19 , 1990 , the Planning and Zoning Commission recommended approval (6-0) . KPG 1® - I TRACT NO. 2 12/21/89 BEING a tract of lad out of the C.B. McDONA D SURVEY, ABSTRACT NO. 1013 and the P.R. SPZANE SURVEY, ABSTRACT ND. 1453, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at an iron stake in the Northerly Right-of-inlay line of the St. Louis - Sauthern 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. )0 3 .., K.: • it ii, iskt 1 1 Iva auu. 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C�� 2.52 AC it' • .0 a: 6 J 1 I . .. �. .• 11°N I 1 i TN 4G A��1 7 Q Petroleum Co. of Texas - - c1 - c-ENTER ��05 — — — — - 1 :1: .0'-���N V7 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-19 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 3 . 61 ACRE TRACT OF LAND OUT OF THE C.B. MCDONALD SURVEY, ABSTRACT NO. 1013 , TRACTS 4 , 4B, AND 4C, AND THE P.R. SPLANE SURVEY, ABSTRACT NO. 1453, TRACT 1B. , AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO INDUSTRIAL-2 DISTRICT IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO AND SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000 . 00) FOR VIOLATIONS OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a homerule City acting under its Charter adopted by the electorate pursuant to Article XI , Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS , pursuant to Chapter 11 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings , other structures and land for business , industrial, residential and other purposes , and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as Agricultural under the City' s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population; and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS , the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings , and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments , and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets , helps secure safety from fire , panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools , parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the City of Southlake, Texas , and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : -2- t-' il/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 3 . 61 acre tract of land out of the C.B. McDonald Survey, Abstract No. 1013 , Tracts 4 , 4B, and 4C and the P.R. Splane Survey, Abstract No. 1453 , Tract 1B, as more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From Agricultural District to Industrial-2 District. Section 2 . That the City Manager is hereby directed to correct the Official Zoning Map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas . All existing sections , subsections, paragraphs, sentences , words , phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas , affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000 . 00) . A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. PASSED AND APPROVED. on the 1st reading the day of , 1990.. PASSED AND APPROVED on the 2nd reading the day of , 1990 . Gary Fickes, Mayor City of Southlake ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney City of Southlake -4- /O— City of Southlake,Texas MEMORANDUM April 24 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-15 Zoning Change Request/Concept Plan ZA 90-15 is a zoning change request and concept plan for 39. 5508- acres of land out of the Littleberry G. Hall Survey, Abstract No. 686 , Tracts 1D and 1F and the Thomas M. Hood Survey, Abstract No. 706, Tracts 9A and 9A1. The tracts are located on the west side of N. White Chapel Blvd. across from Mission Hill Estate. The owner of the property is Marion G. Truelove; the applicant is the James R. Harris Company. The current zoning is Agricultural; the requested zoning is Single Family 20 B; and the amended request is SFT-20 A. There were eleven (11) letters sent to property owners within 200 feet. To date, there has been only one inquiry: Mr. and Mrs. Kasper, 750 N. White Chapel Blvd. , were opposed to the SF 20 B zoning due to the home size minimum of 1,500 square feet. He also expressed concern over the current survey of the property and his existing air strip. On April 19 , 1990 , the Planning and Zoning Commission recommended approval (4-3) of the SF 20A zoning request. KPG II - 1 Legal Notice City of Southiake ZA 90-15 • • April 4, 1990 April 15, 1990 • BEGINNING at an iron pin in the vest line of North White Chapel Blvd., • said point being the northeast corner of the tract described in Volume 6430, Page 35, above referenced and being, by deed call, 25.0 feet vest of the northeast corner of said L. B. G. Hall Survey; • THENCE S 00'05'08" W along the West line of said North White Chapel Blvd. and the east line of the last referenced tract for a distance of 493.93 ; feet to an iron pin for corner; THENCE S 00'03'26" E continuing along said vest line of North White ' Chapel Road for a distance of 497.27 feet to a 3/4" iron pia, said point being the southeast corner of the herein described tract; THENCE S 89'31'25" W, 1205.06 feet along the south line of the last referenced tract to a point for corner; THENCE N 25'19'46" E for a distance of 222.84 to a point for corner; THENCE N 05'13'18" E for a distance of 63.08 feet to a point for corner, said point being the beginning of a curve to the right having a radius of 572.0284 feet; THENCE continuing along said curve to the right for a distance 54.1434 feet through a delta angle of 08'34'37" to a point for corner, said point being the beginning of a curve to the right having a radius of 832.0606 feet; • THENCE along said curve to the right for a distance of 322.6046 feet through a delta angle of 06'47'07", to a point, said point being the - .beginning of a curve to the left having a radius of 813.0321 feet; THENCE continuing along said curve to the left for a distance of 183.7526 feet through a delta angle of 07'03'02" to a point for corner; THENCE S 89'56'46" W for a distance of 265.29 feet to a point in the vest line of the aforementioned Truelove tract; THENCE N 00'58'29" W for a distance of 181.00 feet to a 1/2" iron rod ' found at the northwest corner of the last referenced tract, same being the southwest corner of the tract described in Volume 3373, Page 52, as referenced above; THENCE N 00'01'06" W for a distance of 439.02 feet to a 1/2" iron rod found at the northwest corner of the last referenced tract and the : northwest corner of the herein described tract; THENCE N 89'55'06" E for a distance of 1322.04 feet along the north line of the last referenced tract to a 1/2" iron rod for corner in the west line of North White Chapel Blvd.; THENCE S 00'01'54" E for a distance of 440.89 feet along said west line of said North White Chapel Blvd. to the POINT OF BEGINNING and containing 39.5508 acres of land, more or less. 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THE AS u.•H.•• Su Aesr 7 '-_ J CM3 LO G. HALL SO VEY AB •r.•. I I ti ' 1RACT 2 3 () . O eRl A21ER, TRUSTEE ( 16 3 J I I Q ti0 PO 19 /T 1 1 J �e� 25 i•J m 1 2 L 4 / 15 a �.J , O 4 L r --- 3 4 !� 24 O s�� yo �' I # .- J / I �� W 14 �O� 5 114 # MISSION DRIVE I 331 'tom O '� a r r 4 // a k ' �� O �� _ "- 3 W Q Q 4y 23 ' J Or..2 I Io • /j. O . r� ° m Qq• 13 Y I I'q 1 / 2O 1 7 Li" C ° N h t 2 —� �%% 9Q� O . 7 t2 7 OVE HENRY CT. --- .`„ 22 M I 7 � O ---t e 50 .ir 1 4. I I JrL� \ 1` rn n e tt II pv il % - toI 4. ` ° I. -I---- \ *. C r III I w0 \\ I cc w : ., 7 \ ° 3 21 L: 10 9 10 9 '� 1 \ , • 11W • \ nI 9 ilnl \\ c I GREEN OAKS LANE ti : it to I \ a . 10 TRACT 2C 20 / 12 OI ',MAGUS WAYLAND y 1e 17 1e 1S 14 1 11 VOL 41 19 S2.PG. 393 i L 1 L 1 SAN SABA DRIVE —..- - -- -- — -- S 8PJt•25 W 1.309.89• 1 TRACT 20 I 1 W. RALPH EVANS EXISTING ZONING - C.S. I (d CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-20 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 39 . 5508 ACRE TRACT OF LAND OUT OF THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, TRACTS 1D AND 1F AND THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 , TRACTS 9A AND 9A1 , AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO SINGLE FAMILY-201N DISTRICT IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO AND SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000 . 00) FOR VIOLATIONS OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a homerule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 11 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial , residential and other purposes , and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS , the hereinafter described property is currently zoned as Agricultural under the City' s Comprehensive Zoning Ordinance; and WHEREAS , a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around , the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population; and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS , the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments , and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS , the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets , helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS , the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the City of Southlake, Texas , and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: -2- 1 /_/ Zr 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 39 . 5508 acre tract of land out of the Littleberry G. Hall Survey, Abstract no. 686 , Tracts 1D and 1F and the Thomas M. Hood Survey, Abstract No. 706 , Tracts 9A and 9A1 , as more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From Agricultural District to Single Family-20B District. Section 2 . That the City Manager is hereby directed to correct the Official Zoning Map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections , subsections, paragraphs, sentences , words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. -3- //-/ y Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000 . 00) . A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. PASSED AND APPROVED on the 1st reading the day of , 1990. PASSED AND APPROVED on the 2nd reading the day of , 1990 . Gary Fickes, Mayor City of Southlake ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney City of Southlake -4- o1--f City of Southlake,Texas MEMORANDUM April 24 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-16 Zoning Change Request/Concept Plan ZA 90-16 is a zoning change request and concept plan for 3. 87022 acres out of the Littleberry G. Hall Survey, Abstract No. 686 , being a portion of Tract 1F. The tract is located in the Southwest Corner of the proposed development adjacent to Southlake Estates. The owner of the property is Marion G. Truelove; the applicant is the James R. Harris Company. The current zoning is Agricultural; the requested zoning is Single Family 30. There were five (5) letters sent to property owners within 200 feet. To date, there have been no responses or inquiries. On April 19 , 1990 , the Planning and Zoning Commission recommended approval (7-0) of the SF 30 zoning request. KPG I2 -I METES & BOUNDS DESCRIPTION (Proposed SF-30.0 B Zoning) Field notes for a tract of land in the L. B. G. Hall Survey, Abstract No. 686, situated in the City of Southlake, Tarrant County, Texas, and being a portion of the tract described in a deed to J. P. Truelove and wife Marion Truelove, of record in Volume 6430, page 35, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 3/4" iron rod found for corner, said iron rod being at the southwest corner of said Truelove tract; THENCE N- 00°30'32" W for a distance of 498.67 feet to a 1/2" iron rod found for corner; THENCE N 00°58'29" W for a distance of 322.51 feet to a point for corner; THENCE N 89°56'46" E for a distance of 265.29 feet to a point for corner, said point being the beginning of a curve to the right having a radius of 813.0321 feet; THENCE continuing along said curve to the right for a distance of 183.7526 feet through a delta angle of 07°03'02" to a point for corner, said point being the beginning of a curve to the left having a radius of 832.0606 feet; THENCE continuing along said curve to the left for a distance of 322.6046 feet through a delta angle of 06°47'07" to a point for corner, said point being the beginning of a curve to the left having a radius of 572.0284 feet; THENCE continuing along said curve to the left for a distance of 54.1434 feet through a delta angle of 08°34'37" to a point for corner; THENCE S 05°13'18" W for a distance of 63.08 feet to a point for corner; THENCE S 25°19'46" W for a distance of 222.84 feet to a point for corner, said point being in the south line of said Truelove tract; THENCE S 89°31'25" W along the south line of said Truelove tract for a distance of 103.83 feet to the POINT OF BEGINNING and containing 3.87022 acres of land, more or less. 11-3. OAK HILL L5-1 A 1 L5 , N - - -- • 5.06" 7" -- -- I L. O l ill 1 1�T-- - 11 10 9 a 7 6 5 Q i c3 4 °, r O N 4 J 2 1 I 32 I I 2 o 1 31 TRACT 9 01 m 1 BRIAN FRAZIER. TRUSTEE CHAPEL DOWNS DRIVE VVV I* I I VOL 7026, PG. 196E I`► I I'-- -� f 3�• w : �l—� Q m CHAPEL pp S M� 28 -- DRI �/ C 18 1 13 f� f - ^�`�— O I 2 1 1 i `�N © 4 I 27 17 2 7JCJ6 I ! 1 2 17 2 T}i• AS M. H•.•r SU ABST. 7, 28- . . - . . rl LB.C. HALL SU- AB•tom+•,6 CO TRACT 2 16 3 BRIAZIER, TRUSTEE 16 3 O 02 PG. 196 I PO • a ' i � 4 25 09 1 2 15 4 15 a 4 /r \ O 4 / «t 24 J in 14 O 50 'fir i is T .._ _J 011, in 37 ��� cr � 0 14.41P. 5 G 5 r MISSION DRIVE z3 S Q z ' o • 13 6 m Q¢O 13 6 1 ih I $ 2 f 9 ° 6 0 1 `� 1 z �\ �s I 2 • y I. J� \ rq 9 . - 1 m 7 A 12 7 rJ )VE HENRY CT —,-, fit`" --- 22 Clik 11 7 � O `— 1 r r Ix: 3 --\ SO i ( IL m c \ tt 8 I I 6• • \\\\ r 1 O F n a 8 1 I. * I, ,0��� \ 6 , a ^ ' * , SY 7 \ 3 , 21 10 9 10 9 4..1 \ \\ n 1 9 I I W • \ to' IIip1 \ o� GREEN OAKS LANE N I tt to \ pl \ o • vi �^ TRACT 2C 20 / t0 MARCUS WA ND 18 17 18 15 14 j2iii,12 O I 1 L 1 VOL 485Z PG. 393 19 �y1, 11 L — ��,T'}- - _ -- -- SAN SAGA DRIVE -'-- -- -"-- —" S 89:77 25" W :304.89 I I -• TRACT 2B ( I W. RALPH EVANS I EXISTING ZONING - C.S. I I VOl •i4{ PI; q7 I tBpri 1 Pir CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-21 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 3. 87022 ACRE TRACT OF LAND OUT OF THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686 , BEING A PORTION OF TRACT 1F, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO SINGLE FAMILY-30 DISTRICT IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO AND SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000 . 00) FOR VIOLATIONS OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a homerule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS , pursuant to Chapter 11 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business , industrial, residential and other purposes , and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as Agricultural under the City' s Comprehensive Zoning Ordinance; and WHEREAS , a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS , the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise Pir producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population; and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS , the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas , has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the City of Southlake, Texas , and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: -2- ` —IC Pir 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 3 . 87022 acre tract of land out of the Littleberry G. Hall Survey, Abstract no. 686 , being a portion of Tract 1F, as more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From Agricultural District to Single Family-30 District. Section 2 . That the City Manager is hereby directed to correct the Official Zoning Map of the City of Southlake, Texas , to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections , paragraphs, sentences , words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas , affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. • Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. -3- / 2-1 Pir Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000. 00) . A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. PASSED AND APPROVED on the 1st reading the day of , 1990•. PASSED AND APPROVED on the 2nd reading the day of , 1990. Gary Fickes, Mayor City of Southlake ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney City of Southlake -4- /a -/o City of Southlake,Texas MEMORANDUM April 24 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-17 Preliminary Plat of Oak Hill Estates ZA 90-17 is the Preliminary Plat of Oak Hill Estates , 43 . 421 acres out of the Littleberry G. Hall Survey, Abstract No. 686 , Tracts 1D and 1F and the Thomas M. Hood Survey, Abstract No. 706 , Tracts 9A and 9A1 . The tract is located on the West side of N. White Chapel Blvd. across from Mission Hill Estates. The owner of the tract is Marion G. Truelove; the applicant is the James R. Harris Company. The current zoning is Agricultural; the amended requests are Single Family 20 A and Single Family 30 . This development proposes five (5) 30 , 000 square foot lots and seventy (70) 20 , 000 square foot lots . There were eleven (11) letters sent to property owners within 200 feet. To date, Mr. and Mrs . Kasper, 750 N. White Chapel Blvd. , were opposed to the small home size minimums proposed by the requested zoning as well as the current survey and his airstrip. On April 19 , 1990 , the Planning and Zoning Commission recommended approval (6-0-1) subject to the Engineer' s review letter dated April 10 , 1990 , items 1-5 , #6 being reduced to 60 feet from 64 feet and eliminating #7 . KPG 13- I I IW[STPARK IDOP \ \ TROPHY CLUB LAKE • SAM d _ GRAPEVINE J I-,� 1 i i-- - ao480C4 RO 1 J ' . :A. ; 1 3 BOB JONES REBOB �o I '•.r • ���/ BOB = JONES i .. 1 i +J• 11 f = I f ®b� 1�7 I POSSUM HOLLOW - .GOOSE,3•, NECK OR "'+ !(NY G�V \ •"` 2 BEAV RO LN D F,`QO �• ` 3 BEAVER 1 2 s N. 777 1 SWAN z I .._ E r`•l Aa Cq fj� � BLUEBIRD LN u \ I `FFK`0{B-i-+•��B i`� BASS AR ` \ ' a DRUM TROUT •fir 9 LN SOUTH t. ' CRAPPIE TRAIL LAKE ,� THOUSAND OAKS TY i 1 J +- �� CIR.. SOUTH LAKE s I b I DISTRICT BOUND- -.s .�3���'� • � • .{ - •0 10 tif11.A ti;'� • z " . - 2 .6SOUTNLAKE HARBOR HA =a 1 r` _ PK.E a'� --LAKESIDE • s IU == i. 000 DR BRIi19 LN 4• Y y _.-1___-.- .• .-_,• .NARBOa WHITE o E "' V] ` / I HILLSIDE OR �AEAT WING C70 m I� �/ \ 2 CRESCENT DR s HUHOOR BLUE TEAL CT z z'E I r I2 3 SOUTHLAKE PK_W•�'0 4. u BARNEY R. 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RAYF�, - ' 3 oW 3 ROUNDUP TUMBLEWEED CT'".9 i�-j f#Filw�r o CYPRESS •F = •. :-,H FFIEL2 S- k DR WHISPFRIN6'LN ��A ,-0 -3 0 'CREEK �..5 MICE CT N-9 ��y�.PF?Ill ESTER L f ' m ' FOREST LN o JACK D.JOHNSON• o� z U ,NOMAS LT I Q� LN F J HIDDEN d ELEMENTARY ���s T PANNANOL!;T Igjp;g�EvtE� % f <: Ar ^£ GLEN ; HIGHLAND ST_W HIGHLAND ST_E." _" w B 90x CANTO C�� ppLE`YEEf]L� FAWKES AD SW 000 DB "_ �M_ r^z NEgrIt%Pri t r 0]B ---- 3o0DBg0�'E .o DOVE LAEEA'• l : 1. II 3 FY, c90SS i1MBEQ�'_RAvEy ,.• . CARROLL I o w, 2�q - BNo, : OAK HILL, • MIDDLE H:L-:A="• r ILOwo00 L SCHOOL •R ;f G ,I -.MEA00WFNB ,ENF <' EUJ.AI1'L�S. : .a9A, - I 4. P 4 AAINTAEE OB` �•s • 1EHCE RD; GLEN . - LAK WOOQ� DR • - -1 zGLEN . 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N -�I '1S�`� O I- 5 m 1 W F. 40'R L 4 - 3 R 2 I., '1 I 32 0 1 — - — — — - — — — --- _ w I 31 30 TRACT 9 n I 129' - I29' 128' 12,' '� — - — — I o I BRIAN FRAZIER. TRUSTEE r o CHAPEL DOWNS DRIVE Ioa' IOU' 102' I05' I� I L ____i- VOL 7028, PG. 1968 EXISTING ZONING - AG- 111 197_ 5n• 183_ I 163' 50' •'96' w N; _ 1_- �I� 20'R.L. zu'a% i r--' 20 B.L. _ 1-6. `41 I ^� CHAPEL DOWN pRl V9C p 1. 1p _ I I I 50' 203 — n - --- - 1— �4 o I 2e I 16 I 1 N •• I 18 P 11, r 7,- Ea. I p �� o G � o f 202' lay' I 1a3' I I I° 1 I a 1 al I L. z 1 1 1 191' I I - 1 I I ill, 11 1 1 191' 199' I 1 2 II 9 27 , 1 17 ;1- 2 , - 1 1 1 , 1 --1. 17' O 1�: N. 011, g R.b.W. 1 219' 11 'o- 17 I Io 2 o O 2 -,•.I 0E0. IS'U.E- ,82' 182' _ THOMAS M.,HOOD SU'tt. _ASST.-706,_ . °- - -- -�_ "�- -- 261.3 - - 1 '1\1 L.B.C. HALL SU VEY AB T RR6 18s.- I I 1 -- I --- - 4 188' 179' 1- I 16 1 1; 3 1 III \ \ I POINT OF BEFINNING TRACT 2 1 O 2s6' _ , 11J 1 16 �I I_ o m 1 G. BRIAN FRAZIER, TRUSTEE I-------- 1 • VOL 7028, PG. 1968 I I 4 I 183' II I� 183' 1 -- 189• J I II 3 I 3 I I pi 5,4` EXISTING ZONING - AG. 11;; 25 ,� P 190' - I 1 m 1 2 I I I I 166' I 240' I 15 0l I 4 r I 15 of rn. I I I 0 • 10 4 Q I I 1 � - -I I� /r = .-1 1 19s' II I 18J' �\ 190 11 3 I 6 / �IIIQ 24 I �1 lO ��� e ` J I ,sr I 4 .1 I• / hl In Q 1 10 o I I 168' Lg I lo"t, L_ J / h111- 14 I 1 I I �5 14 cil 1- 5 Ifroi / I t 226' / I I I — w �, 112 g o r MISSION DRIVE // 31 I'' , > ' ttl3 ��\ 183' 1 190'co » I 193' J n -\ 5 _ G- r -t 4 / ql •I;' m/ v I .� / ;n1 / -1 I 3 Z 5 Toi I 23 0 -:� H/ J 1 0/ 2 187' -lI Im / h l l l= _ IN, w 13 _/ 6 ce • - 13 0 l0 6 e c'•, O / 0111 / b 111 I - 0] 90 11- Q / I Ih I 2, } 185' 185' + 192' 1 1 191' II ' 6 0 13 / G I 191' I I ' I I to I' 1 2 �- L\ • •Q' 1 I 01 I o • I I. 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' 1 SAN SAGA DRIVE I n4' n." ,IO' - 16 110' a' a8'-J r ._---- - --•-- -- -- -- S H9.11'25- Iv1.'108.89_ I I I IRACT 20 , r I W. I4AI.PN I VAN'. 1 r •r' nw �� n ' ORDINANCE NO. L vO—p AN ORDINANCE AMENDING ORDINANCE �[NO. 480, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, BY AMENDING SECTION 45, ',SPECIFIC USE PERMITS', TO PROVIDE FOR THE USE AND LOCATION OF PORTABLE BUILDINGS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake has heretofore adopted Ordinance No. 480 as the Zoning Ordinance for the City; and WHEREAS, the City Council of the City of Southlake now deems it necessary to amend Ordinance No. 480 as provided herein; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the Zoning Ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That Section 45. 1 of Ordinance No. 480 is hereby amended by adding the following specific use to the list of specific uses permitted therein: \slake\ord.23 _1_ USE DISTRICTS WHERE PERMITTED 4 . Portable Buildings All SECTION 2 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 3 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2 , 000. 00) for each offense. Each day \slake\ord.23 -2- that a violation is permitted to exist shall constitute a separate offense. SECTION 5 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480 or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal., whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7 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 \stake\ord.23 -3- within ten days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 8 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1990. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1990. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: \slake\ord.23 -4- • ZONING § 41-55 • fact-finding hearings as it may deem necessary. At the conclusion of such study and review, the planning and zoning commission shall forward its recommendations to council for necessary action. The purpose of such initial study and review shall be as set forth in this section. (b) The initial comprehensive study and review and subsequent periodic studies provided herein shall be for the purpose of maintaining the city's zoning map on a current basis. The overall objective shall be for the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare as well as efficiency and economy in the process of development, including among other things, adequate provision for traffic and the promotion of safety from fire and other dangers; adequate provision for light and air; the promotion of healthful and convenient distribution of population; the promotion of good civic design and arrangement; wise and efficient expenditure of public funds and the adequate provision of public utilities and other public requirements. The planning and zoning commission shall give careful consideration to the character of uses prevalent in neighborhoods and communities within the city with a view to determining the zoning classification which will most effectively permit and stabilize existing uses. (c) The comprehensive study and review of the zoning map provided in this section shall be conducted in the year 1980 and every fifth year thereafter and shall be completed by December first of such year in which it is conducted. However, the city council may direct the planning and zoning commission to review the zoning map at any other time and submit its recommendation to council. (d) Prior to any recommendation to council, the planning and zoning commission shall, on any land situate within the city being considered by the planning and zoning commission for rezoning from existing zoning thereon, conduct a fact-finding hearing. (Code 1963, § 8-6-1) Secs. 41-46-41-54. Reserved. ARTICLE V. SPECIAL OR TEMPORARY USES DIVISION 1. GENERALLY Sec. 41-55. Temporary offices. In nonresidential zone districts, a permit may be granted for temporary trailers,offices and structures necessary for construction purposes or for the conduct of business operations while new facilities are being constructed only upon written approval of the director of planning and community development. Such approval shall be limited to a maximum of six (6) months for construction offices and one year for temporary business offices and may be renewed upon separate application.Failure to remove any such trailers,offices or structures after the expiration of such permit, or after completion of construction on a site, notwithstanding the fact that the permit has not expired,shall be in violation of this Code.Any approval of a temporary office may establish conditions and limitations as the director of planning and community development may determine are necessary. (Ord.No.82-36,§ 1,2-22-82) Supp.No.28 2913 ( 16) Nursing Home or Residence Home for the Aged. A home where ill or elderly people are provided with lodging and meals with or without nursing care. ( 17) School , Public or Denominational . A school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools , but not including trade or commercial schools. (18) School , Trade or Business . A business organized to operate for a profit and offering instruction and training in a service or art such as a secretarial school , barber college, beauty school , or commercial art school. (19) Accessor_ Building _ or Structure . In a residence district , a subordinate building or structure, detached and used for a purpose customarily incidental to the main structure such as a private garage for automobile storage, tool house, lathe or greenhouse as a hobby (no business) , home workshop, children' s playhouse, storage house, garden shelter or swimming pool , but not involving the conduct of a business . (20) Temporary Field or Construction Office_ A trailer , structure or shelter for temporary office use, subject to removal by the order of the Building Inspector, used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment . (21) Home Occupation . A home occupation is an occupation carried on in the home by a member of the occupant ' s family, without the employment of additional persons , without the use of sign to advertise the occupation , without offering any commodity for sale on the premises, without the use of equipment other than that customarily found in the household and which does not create obnoxious noise or other obnoxious conditions to abutting residential property such as emission of odor, increased traffic or generation of light or smoke, and where the use is carried on in the main structure only. A home occupation specifically excludes the operation of a repair shop, plumbing shop or similar sales or service activity on a residential premises . (22) Local Utility Line. The facilities provided by a local municipality or a franchised utility company for the distribution or collection of gas , water , surface drainage water, electric power or telephone service. (23) Off-Street Parking. Off-street parking spaces provided in accordance with the requirements specified by this Ordinance, and located on the lot or tract occupied by the main use. 36 City of Southlake,Texas MEMORANDUM April 24 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-14 Plat Showing ZA 90-14 is a Plat Showing of 5.493 acres of land out of the Benjamin J. Foster Survey, Abstract No. 519, Tract 1A1A3A. The tract is located East of Randol Mill Avenue at the Southwest corner of Cross Timber Hill Addition. The owner of the tract is Robert H. Lemke. The tract was annexed into the City as Agricultural in October 20, 1987 . Staff has been advised that zoning is not an issue at this time due to the property' s legal, non-conforming status. On April 19 , 1990 , the Planning and Zoning Commission recommended approval (7-0) subject to both Engineer review letters dated April 11 , 1990, with the exception of the additional fire hydrants if no prorata provision exists. KPG 15 - I ` a IWESTPARK LOOP TROPHY CLUB L� SAMB, LAKE �, GRAPEVINE ti:`l �sw1DGERD AFEVI o� W 1mmm 9°�°� I BOB JONES R0. 909 s JONES- • I POSSUM HOLLOW 'I z GOOSE W=NECK OR „�M1_y o ( 2 REDBIRDLN ^IE '3'! 1e'��o�t;= .1 1Q I 3 BEAVER 1! "':'-'ma's 5 SWAN 'Ia ,AI .�,= `z"'{ ` 5 CRANE o ly (t 9 ' WESTLAKE . r Iv, 'I f eLNEjITRLa ._ I "(E4'DR - T,BASS OR G se j •-- '-RUMy9 TROUT SOUTH `` _ DENTON COUNTY I iY• CRAPPIE TRAIL LAKE �( THOUSAND OAKS 1 - `r TARR OUNTY— - ! 1 t.. 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I r s..�� ..e ,1t..TI110 MILL.►II.r 111 .r1I1�...,ry,� 41) =In.___ ig r 1 I 4• r7•�I.t'INt A FLAT SHCY�INI CF ItrM1 LOT I, BLOCK I LEMCE ADDITION •awwr.wtnlaavlu AN ADD1, [OITY Cf l u a u•a n.1 a. I«. NI w TARRANT COUNTY TEXAS .i•..Ir:i° 11a i tr•i°i�.1SN..i i°.irl.suy IN THE B. J. FOSTER SURVEY •.r 'i".riN.1°iir. ,.. .rw n 1 o.a,. a .p/111R11 .LAi,1.1 01111101110 ABSTRACT NO. III 1! 1. . • . r •N 1. ja 11 W n..11 d' ir/I.mlr f'frl.s'.i ilr1e ra rS/ir�r.1 diy ill!w► �. �,�, 4CONTAININS iyNt.Pr'i"Mil mow�-N r r1/1ia Ir CI S B�11 ,�1�N •�1. NI Y.Ii.IMN IrNa.I..N LSO WHIM 1N1.PLO PILO le.uI.4T�OWN B�MR1.-- adom T..r 1y1NIN,a•Ili /�I .vn1TB1, 1ITY MUM OTt1R YILii.tR LAIC OIIIIYtY11M T.w ir..Y�rY M.. .�i 1so.s!!A 1•.r� 1.11e. go rowl-e-to •V LMATISO MAI , WNW sap 1 4 ' 3' — 1. 111"07rw--YArte-701i „_," ..le,__ 1- — ---„. development of streets, roadways, thoroughfares, utilities, drainage improvements, or other public purposes. In any case where full R.O.W. width is not dedicated, building setback lines reflecting the full-width future alignment may be required to be shown on the plat. C. Plat Revisions: ' Every owner of property to be replatted for which a Plat Revision has been submitted for approval shall be required to dedicate to the City that portion of such_ property as is necessary for the orderly development of streets, roadways, thoroughfares, utilities, drainage improvements, or other public purposes, and such dedication requirements, as imposed, shall be a prerequisite to plat approval. D. Plat Showing:` Every owner of property to be platted for which a Plat- Showing has been submitted for approval shall be required to dedicate to the City that portion of such property as is necessary for the orderly development of streets, roadways, thoroughfares, utilities, drainage improvements, or other public purposes, and such dedication requirements, as imposed, shall be a prerequisite to plat approval. E. Effect of approval/disapproval on dedication: The approval of a plat is not considered an acceptance of any proposed dedication and does not impose on the municipality any duty regarding the maintenance or improvement of any dedicated parts until the appropriate municipal authorities make an actual appropriation of the dedicated parts by entry, use, or - improvement. The disapproval of a plat is considered a refusal by the municipality of the offered dedication indicated on the plat. Section 2 . 05 Plat Vacation: A. The owners of the tract covered by a plat may vacate the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat to be vacated is approved and recorded in the manner prescribed for the original plat. B. If lots in the plat have been sold, the plat, or any part of the plat may be vacated on the application of all the current owners of lots in the original plat with approval obtained in the manner prescribed for the original plat. C. The signature of approval of all applicable utility company representatives must be on the vacating instrument. (Use easement abandonment format and "plat vacation" wording. See Appendix) Any easements which have improvements in them must be dedicated by separate instrument prior to the recording of the plat vacation instrument. 2-3 i5 - riA a. A percolation test for each lot which will not be served by City sewer. b. Completed Developer's Agreement (prior to construction of utility and drainage improvements) c. Certificate of taxes paid from the City Tax Collector d. Certificate of taxes paid from the Tarrant County Tax Collector e. Certificate of taxes paid from the Local School District Tax Collector f. Any proposed or existing deed covenants/restrictions g. Any proposed Homeowner's Agreements and/or Documents D. If a Final Plat in any way revises an existing recorded plat, the provisions of Sections 3.06 and 4.06 shall apply. E. No Final Plat shall be accepted for review for filing unless a Preliminary Plat has been approved and is currently valid. Section 3. 04 Plat Showing, Submittal Requirements: A. When a tract or parcel of land has not been previously platted and recorded in the County Plat Records, the subdivider may, at his option, elect to combine the Preliminary and Final Plats of a subdivision and submit a "Plat Showing" whenever the tract of land contains less than 10 acres andinvolves' three (3) or less lots and is to be subdivided without change of street location or without substantial effect on City services, drainage or adjacent properties. A subdivision involving more than three (3) lots or which contains 10 or more acres of land shall be considered as a "Plat Showing" only when specifically approved as such by the Director of Public Works. All requirements of Sections 3.01 and 3.03 shall be satisfied for submittal. B. A Plat Showing of three (3) or fewer lots shall bear the name of the original survey and abstract number in which said property is located as an Addition. It is subdivided into numbered lots out of that survey. The Building Official shall maintain a ledger of assigned lot numbers and shall assign lot numbers in orderly succession. Lot numbers shall be designated' in numerical order in sequence with the legal descriptions _of: the previously recorded plats. No block numbers will appear on the plat or in the legal description. Example: Absalom J. Chivers Survey, Abstract No. 78 3-10 ( 5 - ' 8 Submitted as: Lot 1, A. J. Chivers No. 78 Addition Section 3.05 Amended Plat Submittal Requirements: A. Amending Plats are plats which: 1. Alter the interior lot line for purposes of a more build- able area without changing the number of lots. 2. Correct errors defined as follows: a. Correct error in course or distance. b. Add any course or distance that was omitted. c. Correct an error in the description of the real - property. d. Indicate monuments set after death, disability or retirement from practice of the engineer or surveyor charged with responsibility for setting monuments. e. Show location or character of any monument which has been changed in location or character or was incorrectly shown. f. Correct scrivener or clerical error or omission; may include, but are not limited to lot numbers, acreage, street names and identification of adjacent recorded plats. g. Correct error in course or distances of lot lines between two (2) adjacent lots where both lot owners join in the proposed revision and neither lot is abolished but does not attempt to remove recorded covenants or restrictions. h. Relocate a lot line in order to cure an encroachment of a building improvement on a lot line or an easement. i. Relocate lot lines where all . owners join in the application for the plat amendment provided that the amendment does not attempt to remove recorded restrictions or covenants or change the number of lots. B. Amended Plats shall contain a note describing the,correctidCa framed in a bold line so as to be distinctly_•visible=on face of the plat3 3-11 City of Southlake,Texas MEMORANDUM • STEFEZdeg April 25 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Conditional Sign Permit - Arvida Company Attached is an application for a Conditional Sign Permit submitted by the Arvida Company for the SouthRidge Lakes Subdivision. The application is being brought before the Council as a conditional sign permit because the sign is located in a subdivision of more than 100 acres, and in a non-business zoning district, a sign may not exceed 35 square feet in area or 7 feet in height. This sign exceeds both of those requirements. This sign will be a lighted Arvida entry sign for SouthRidge Lakes Subdivision. The sign itself will be of wood construction, and the stone surrounding the sign will be the same stone as that of the pavilion and sales center. Also attached is a pictorial view of the sign and a plat showing the location of the sign. The staff has no objections to the installation of the sign and is submitting the application to the City Council for their approval as per the Conditional Sign Permit. 9 /�./ MHB/ew t i •r . I % . Q / • I . i .,. - j IC41. / i 6i1 t l ill = S,q� I •'%► ; 7`ORAVRFC "CdP4 i / / cli REFER T SHEET LC-11 F 1 / LAKE / / I / J *FLOA- / FOUN I I 1 I- I , tAr .<. IL T -1,— ----- - --------" --', I ENTR NAGE 1 1 REF. SHT.' �` / • / /� i j / • �Z / Ili` 3o'- al `'co 6Cith.. M • A R • K E T /6' 1 7 0 9 tv ' \ , J .1 r (*A t • ... ' ) \ i 141, - • • ;\ 40 • r AA. , \ •. ammo- 1.-0. *woo- wer--1° aillikmma_ ei i\ l,. We.Iso.•-----„�,,, mak r► Olt \lop, lipik \ * ,,‘, ost ----- \• - ,..00. \ , ,L, \ -%?'",-(`ci er S''''*t. 6.111**1°' _ 0it• 4 ''''" .. litoiA . ,.. °66°1°.°6 Ili lit 11.1. ,t VAROCIVI I ‘ bri\ ORDINANCE NO. f AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS REGULATING ABANDONED AND JUNKED VEHICLES; PROVIDING FOR NOTICE AND HEARING PROCEDURES; PROVIDING FOR DEFINITIONS; PROVIDING FOR REMOVAL AND ABATEMENT OF ABANDONED AND JUNKED VEHICLES; PROVIDING FOR ENFORCEMENT PROCEEDINGS; DECLARING THAT ABANDONED AND JUNKED VEHICLES ARE PUBLIC NUISANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN :THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake, Texas has determined that abandoned and junked vehicles found within the city limits of the City of Southlake are detrimental to the safety and welfare of the general public, tend to reduce the value of private property, invite vandalism, create fire hazards, constitute an attractive nuisance creating a hazard to the health and safety of minors, are detrimental to the economic welfare of the City by producing urban blight, adverse to the maintenance and continuing development of the City, and are a public nuisance; and WHEREAS, the City Council has determined that regulations should be adopted governing the removal and abatement of abandoned and junked vehicles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: \slake\ord.22 -1- /7—/ SECTION 1 DEFINITIONS For the purposes of this ordinance, the following definitions shall apply: ABANDONED VEHICLE - A motorcycle, motor boat, trailer or any motor vehicle subject to the registration requirements of the Certification of Title Act, Article 6687-1, Vernon' s Texas Civil Statutes, that is inoperable and more than eight (8) years old, and left unattended on public property for more than forty-eight (48) hours; or any such vehicle that has remained illegally on public property for a period of more than forty-eight (48) hours; or any such vehicle that has remained on private property without the consent of the owner or person in control of the property for more than forty- eight (48) hours; or any such vehicle left unattended on a right-of-way of a designated county, state or federal highway within this state for more than forty-eight (48) hours. ANTIQUE AUTO - A passenger car or truck that was manufactured in 1925 or before, or a passenger car or truck that is at least thirty-five (35) years old. COLLECTOR - The owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades or disposes of special interest or antique vehicles, or parts of them for his own use in order to preserve, restore or maintain an antique or special interest vehicle for historic interests. JUNKED VEHICLE - A motor vehicle as defined by Article 6701d- 11, Vernon' s Texas Civil Statutes, that: 1. is inoperative; and 2 . (a) does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety inspection certificate; or (b) is wrecked, fully dismantled or discarded; or (c) that remains inoperable for a continuous period of one hundred twenty (120) days. SPECIAL INTEREST VEHICLE - A motor vehicle of any age which has not been altered or modified from original manufacturer's specifications and because of its historic interest is being preserved by a hobbyist or collector. \slake\ord.22 -2- ARTICLE I. JUNKED VEHICLES SECTION 2 PUBLIC NUISANCE A Junked Vehicle that is located in a place where it is visible from a public place or public right-of-way, is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance, creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the City by producing urban blight adverse to the maintenance and continuing development of the City and is hereby declared to be a public nuisance. A person commits an offense if he maintains a public nuisance as determined under this Article. SECTION 3 ABATEMENT OF PUBLIC NUISANCE The City may abate any Junked Vehicle which has been deemed to be a public nuisance in accordance with the provisions of this ordinance. A person authorized by the City to administer the procedures set forth in this Article may enter private property for the purposes specified in the procedures contained herein to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance. The municipal court judge may issue any orders necessary to enforce the procedures set for in this ordinance. • \slake\ord.22 -3- /7 �a SECTION 4 ADMINISTRATION The procedures set forth in this Article shall be administered by regularly salaried full time employees of the City of Southlake who may be designated by the City Manager, except that the removal of a vehicle from property may be performed by any duly authorized person. SECTION 5 NOTICE Prior to any official acts being taken to abate and remove a Junked Vehicle constituting a public nuisance, not less than ten (10) days written notice shall be given, except as hereafter provided, to the following parties: 1. The last known registered owner of a Junked Vehicle; and 2 . Any lienholder of record; and 3 . The owner or occupant of the private premise or public premise upon which the Junked Vehicle is located, or the owner or occupant of the premise adjacent to the public right-of-way on which the Junked Vehicle is located. Such notice shall be mailed by certified mail with a five day return requested and shall state the following: 1. That the vehicle has been declared a public nuisance and describing the nature of the public nuisance; 2. The ordinance number under which the vehicle constitutes a public nuisance; • 3 . That the vehicle must be removed and abated within ten (10) days; and \slake\ord.22 _4_ /?-V 4. That the addressee is entitled to a public hearing if requested prior to the expiration of the ten (10) day period, and that the public hearing, if requested, must be held prior to the removal of the vehicle or vehicle part by the City. If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of return of the notice. SECTION 6 PUBLIC HEARING A request for a public hearing shall be in writing and shall be addressed to the municipal judge of the City of Southlake. A public hearing, when requested, shall be held before the judge of the municipal court. At the public hearing, the municipal judge shall hear and consider all relevant evidence, objections and protests, and shall receive testimony from the owner, witnesses, City personnel and interested persons relative to the alleged public nuisance. The hearing may be continued from time to time. Following the public hearing, the municipal judge shall consider all evidence to determine whether the vehicle or any part thereof constitutes a public nuisance as alleged. If the municipal judge finds that a public nuisance does exist and there is sufficient cause to abate the nuisance, and if the notice requirements provided in this Article have been met, the municipal judge shall make a written order setting forth his findings and ordering that the nuisance be abated. The order shall include a \sLake\ord.22 -5- description of the vehicle and a correct identification number if such information is available at the site of the vehicle, and shall state that the vehicle shall be disposed of in accordance with the Texas Litter Abatement Act (Article 4477-9a, Texas Revised Civil Statutes) . SECTION 7 DISPOSITION OF JUNKED VEHICLE Any Junked Vehicle taken into the custody of the City of Southlake pursuant to this Article shall be disposed of in accordance with the applicable provisions of the Texas Litter Abatement Act. After any Junked Vehicle has been removed under the authority of this ordinance, it shall not be reconstructed or made operable again. No later than the fifth (5th) day after the date of removal of the Junked Vehicle pursuant to this ordinance, notice must be given to the State Department of Highways and Public Transportation identifying the vehicle or vehicle part. SECTION 8 EXEMPTIONS FROM THIS ARTICLE The provisions of this Article shall not apply to a vehicle that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, a vehicle that is stored or parked in a lawful manner on private property in connection with a business of a licensed vehicle dealer or junkyard, or an unlicensed operable or inoperable Antique or Special Interest Vehicle stored by a Collector on a Collector' s property, if the vehicle and the .outdoor storage area are maintained in a manner so that they do not constitute a health \slake\ord.22 _6- hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means. SECTION 9 CRIMINAL PROSECUTION Whenever a Junked Vehicle is found to exist within the CityC::B1 in violation of this ordinance the City may, without notice, pursue the filing of an immediate criminal complaint against the owner of the vehicle or persons responsible for such violations in accordance with the terms of this ordinance. Should an owner or occupant of private property or public property or a premise adjacent to the public right-of-way be notified to remove a Junked Vehicle from such property and should such owner or occupant fail to either remove such vehicle or request a hearing within the • required ten (10) day period, the City may, in addition to the abatement procedures provided herein, pursue the filing of a criminal complaint against such owner or occupant in the City' s municipal court for violation of this ordinance and the Texas Litter Abatement Act. SECTION 10 ORDER OF ABATEMENT UPON CONVICTION Whenever a person is convicted of maintaining a Junked Vehicle constituting a public nuisance in violation of this ordinance,, the court shall in connection with its guilty findings enter an order directing the guilty party to abate the public nuisance which was the subject of the criminal complaint. Such order shall require the abatement of the public nuisance within a specified period of time, not to exceed twenty (20) days, and shall further provide \slake\ord.22 _7_ / 7 7 that if abatement is not accomplished within such time period, the City of Southlake shall be authorized and directed to abate the nuisance and assess the reasonable costs of abatement against the guilty party, and the order so entered shall take effect immediately upon the conviction becoming final. ARTICLE II. ABANDONED MOTOR VEHICLES SECTION 11 It shall be unlawful for any person to stand, park or allow to stand an automobile, truck or any vehicle on any public property, for a period in excess of forty-eight (48) hours when such vehicle is parked illegally within the city limits of Southlake, in contravention of this ordinance or any other city or state law. SECTION 12 AUTHORITY TO TARE POSSESSION OF ABANDONED VEHICLE 1. The police department may take into custody an abandoned vehicle found on public or private property if such vehicle is not removed within forty-eight (48) hours of notice. A notice to abate will be placed on the front windshield and/or any other prominent place on the vehicle. The notice will contain the following information: (a) A statement requesting removal of the vehicle within forty-eight (48) hours of issuance of the notice; (b) The date and time the notice was placed on the vehicle; \slake\ord.22 -8- / �J (c) A reference to the ordinance or other law which requires the removal of the vehicle. 2. The police department may employ its own personnel, equipment and facilities or hire persons, equipment and facilities to remove, preserve and store an abandoned vehicle. 3 . An abandoned vehicle shall be impounded and disposed of in accordance with the applicable provisions of the Texas Litter Abatement Act. SECTION 13 NOTICE When the police department takes into custody an abandoned vehicle, the department shall mail a notice to the last known registered owner and any lienholders of record as required under Section 5.03 of the Texas Litter Abatement Act. The notice shall include a statement that the vehicle will be disposed of if. the owner or lienholder does not exercise the right to reclaim the vehicle within twenty (20) days of the date of the notice. Such notice shall also state that the procedures for reclaiming the vehicle shall include an administrative hearing on the validity of the impoundment. The owner may reclaim his vehicle within twenty (20) days after notice herein by bringing the title of the vehicle and paying the police department all towing and storage fees that are due. If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner, or if it is impossible to determine the reasonable certainty of the identity and addresses of all lienholders, notice by one \slake\ord.22 -9- r 2-4 publication in a newspaper of general circulation in the area where the motor vehicle was abandoned is sufficient notice under this Article. The notice by publication may contain multiple listings of abandoned vehicles. Publication shall occur within the same time prescribed for mailed, written notice and shall contain the same contents as required in Section 13 above. SECTION 14 ADMINISTRATIVE HEARING All requests for a hearing as provided in this Article shall be made in writing and delivered to the police department. A hearing, if requested, shall be held within seventy-two (72) hours of the time of such request, exclusive of Saturdays, Sundays and City holidays, unless a later date, not less than five (5) days after the request, is requested by the person entitled to the notice. The hearing shall be presided over by a hearing officer designated by the Chief of Police. If such hearing officer rules that the impoundment was improper, the vehicle shall be released and no charges for the impoundment, preservation or storage of the vehicle shall be assessed. If the hearing officer rules that the impoundment was proper, he shall order that the vehicle not be released until payment of reasonable impoundment, preservation and storage charges. SECTION 15 APPEAL If the person requesting the hearing is not satisfied with the ruling of the hearing officer on the issue of the validity of the impoundment, that person shall have the right to appeal according to this section. An appeal from the decision of the hearing \slake\ord.22 -10- officer shall be requested within forty-eight (48) hours from the time of the ruling of the hearing officer. The municipal judge shall preside at the appeal hearing, which shall be held within forty-eight (48) hours of receipt of notice of appeal unless a later time is requested by the person entitled to notice. If the municipal judge orders that the impoundment was improper, the vehicle shall be released immediately with no charges for impoundment, preservation or storage. If the municipal judge orders the impoundment was proper, the vehicle shall be released only upon payment of reasonable charges for the impoundment, preservation and storage of the vehicle as determined by the municipal judge and those fees assessed by the judge to cover the hearing. SECTION 16 PREHEARING RELEASE If the person requesting the hearing requests that the vehicle be released prior to the time of the hearing, upon the posting of a cash bond in the full amount of all impoundment, preservation and storage fees, the vehicle shall be released pending the outcome of the hearing. SECTION 17 STORAGE FEES The police department or an agent of the police department that takes custody of the abandoned vehicle is entitled to reasonable storage for: 1. A period of not more than ten (10) days beginning on the day that the department takes custody of the vehicle \slake\ord.22 -11- /7 -1% and continuing through the day that the department mails notice as provided in this Article; and 2. A period beginning on the day after the department mails notice and continuing through the day any accrued charges are paid and the vehicle is removed. SECTION 18 SALE AND DISPOSITION OF ABANDONED VEHICLES If an abandoned vehicle has not be reclaimed as provided by Section 13 above, the police department may use the abandoned vehicle for police department purposes as long as the department considers it cost effective. In addition, the police department may sell the vehicle at public auction. Proper notice of the public auction shall be given and the disposition of the proceeds shall be handled in accordance with Section 5. 04 of the Texas Litter Abatement Act. ARTICLE III. MISCELLANEOUS SECTION 19 Nothing contained in this ordinance shall affect the right of the City to immediately remove as an obstruction to traffic a junked or abandoned vehicle left on public property. SECTION 20 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. \slake\ord.22 _12- SECTION 21 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 22 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not less than Fifty Dollars ($50. 00) and not more than more than Two Hundred Dollars ($200. 00) . Each day that a violation is permitted to exist shall constitute a separate offense. In addition to other remedies provided in this ordinance, the City may bring a suit in civil court for injunctive relief against any person, firm or corporation who violates or threatens to violate any provisions of this ordinance in order to prevent a continued violation or a threatened violation. SECTION 23 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any \slake\ord.22 -13_ i7- / 3 ordinances affecting abandoned or junked vehicles which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 24 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 25 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1990. MAYOR ATTEST: CITY SECRETARY \slake\ord.22 _14- /7/� PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1990. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: \slake\ord.22 -15- / 7- ��r .. I I .1 • —% . - . `� .is•4" I., ' :: I I11 ORDINANCE NO. .. AN ORDINANCE AUTHORIZING THE CITY OF SOUTHLAKE. TEXAS TO REMOVE JUNKED VEHICLES: DEFINING JUNKED VEHICLES: ESTABLISHING PROCEDURES FOR REMOVAL OF • JUNKED VEHICLES: ESTABLISHING EXCEPTIONS TO THIS ORDINANCE: PROVIDING FOR DISPOSAL OF JUNKED VEHICLES: .PROVIDING FOR A PENALTY FOR VIOLATION: • A SEPARABILITY CLAUSE, AND PROVIDING FOR PUBLICATION OF AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary and proper and in the best interest of the health, safety, morals and general welfare of the City of Southlake, Texas that an ordinance be enacted in connection with junked vehicles; and, WHEREAS, the Legislature of the State of Texas by Article 1436-3, Penal Code of the State of Texas,has declared "Junked • Vehicles" to be a public nuisance; NOW THEREFORE, be it ordained and enacted by the City Council of the City of Southlake, Texas; SECTION 1- DEFINITIONS: -"JUNKED VEHICLES" means any motor vehicle as the term "motor vehicle" is defined in Section 1 of Article 827a, Penal Code of the State of Texas,as amended,which . .. is inoperative and which does not have lawfully affixed thereto both an unexpired license plate or plates and a valid motor vehicle '. safety inspection certificate and which is wrecked, dismanteled, partially dismantled or discarded. - SECTION 2- PROHIBITED LOCATIONS OF JUNKED VEHICLES AND ' DECLARATION AS NUISANCE . . Junked Vehicles shall not be located in any place where they are visible from a public place or right-of-way, and junked vehicles so located within the corporate limits of the City of • Southlake, Texas are hereby declared to be a public nuisance. This ordinance shall not apply to a motor vehicle or part thereof" :. which is completely enclosed within a building in a lawful manner , where it is not visible from the street or other public or private . • property or to a motor vehicle or part thereof. which is stored or ' parked in a lawful manner on private property in connection with the business of a licensed motor vehicle dealer or a junk yard; SECTION 3- PROCEDURES FOR ABATEMENT OF THE NUISANCE OF JUNKED VEHICLES. A. Fifteen (15) days notice by certified or registered United States mail with a five day return requested shall be given to the :: ' - owner or occupant of the premises whereupon said junked vehicle exists. Said notice shall state the nature of the public nuisance . ;; ... and that it must be abated within the fifteen (15) day notice period ;► ; and that a request for hearing must be made before the expirat1 n ;of; •';; ; ' said fifteen (15) day notice period. If the notice is returned II: undelivered by the United• States Post Office. official action 'to abate the nuisance shall be' continued to a date not less than : ,i , . . fifteen (15) days from the date of such return. :; . B. A public hearing prior to the removal of the junked vehicle :. ' i • . or part thereof as a public nuisance, when requested by the owner . or occupant of the premises on which the vehicle or part thereof ' •'; ' • . is located, shall be held by •the City Council of Southlake, Texas , . , i , ,, ••• Said public hearing shall beheld 'within twenty (20) days after. �I�'� ', Ill :_ the request for hearing.. • In :�the event the City Council of Southlake, , ,!i ' • Texas 'orders the removal of a junked vehicle or part thereof, •said ':'" •• !Iv; order shall include a description of the vehicle and the correct I` I 1 i' • identification number and license number. of the vehicle, if ava1lab.e•- • at the site. . ' • • .1 'I ..'.. !.: . 'Li ' 10 I III ' .. • / /6 ' • . M • • • C. After a junked vehicle or part thereof has been removed, , 1t sha71 not be reconstructed or made operable. . D. After removal of a junked vehicle or part thereof, • the Police Department shall give notice to the Texas Highway • Department within five (5) days. E. This ordinance shall be administered by regularly salaried, full time city employees from the Police Department. Removal of junked vehicles or parts thereof from property shall be by firms or persons as designated by the Police Department. SECTION 4- Junked vehicles or parts thereof may be disposed • • of by removal to a scrap yard, demolisher, or to any suitable site • determined by the City Council . • • SECTION 5- Any person •authorized to administer this ordinance may enter upon private property for the purposes specified in this • ordinance to examine vehicles or parts thereof to obtain information as to the identity of vehicles or parts thereof and to remove or cause removal of a vehicle or parts thereof declared to be a nuisance • ' • pursuant to this ordinance. The Municipal Court of the City of - • Southlake shall have authority to issue all orders necessary to enforce this ordinance. SECTION 6- PENALTY FOR VIOLATION- Any person violating any of the provisions of this ordinance shall , upon conviction, be fined • . in any sum of money not less than $1 .00 nor more than $200.00. . Each day any such violation of this ordinance shall continue shall . , • constitute a separate offense.. • • • SECTION 7-SAVINGS CLAUSE- .If any section, paragraph, subdivision;; ,:: ,. clause, phrase, or provision of this ordinance shall be adjudged " : , invalid or held unconstitutional , the same shall not affect the. :.;. . validity of this ordinance' as a whole or any part or provision ' • thereof, other than the part so decided to be invalid or unconstitutional . • SECTION 8- The fact that the ordinances of the City of Southlake, : Texas do not at present provide for adequate regulation for such matter , . hereof and whereas the City Council feels the subject matter hereof • • to be of vital importance to the health, safety, morals and general welfare of the City of Southlake, Texas, this ordinance shall. take. - AH, , : • effect and be in full force,.and effect from :and after one publication ! • . of a descriptive caption hereof .in the official newspaper of the .City, : . and the City Scretary 1s hereby, directed to so publish the sprtle. .. ' .• : PASSED AND ADOPTED this (2.0. day of NO i) . 1973. • //W • Wa�o er : 1°ryo . • . ATTEST: • .. �� ne � ^ w ce. ecre4ry. • . APPROV D ! • • 1i 111 am4mpbel 1 . s.`i ty Attorney . ' • ;I ;I; • i I ' !i.i„ !; .,i /7- / 7 •