Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
1990-06-19 CC Packet
City of South lake,Texas /lir CITY OF SOUTHLAKE, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19 , 1990 LOCATION: 667 North Carroll Avenue , Southlake, Texas City Council Chambers of City Hall WORK SESSION: 6 : 30 P.M. 1 . Discussion of all items on tonight' s meeting agenda. REGULAR SESSION: 7 : 30 P.M. 1. Call to order. Invocation. 2 . Approval of the Minutes of the Regular City Council Meeting held on June 5 , 1990 . 3 . Mayor' s Report. 4. City Manager' s Report. CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Council member or citizen so request, in which event the item will be removed from the general order of business, and considered in its normal sequence. REGULAR AGENDA 5. Public Forum. 6. Presentation from City of Grapevine Council members in regards to runway expansion at Dallas/Fort Worth Airport. 7. Presentation of findings from Committee on the Municipal Court of Record. — 0h''` -' ' � - I� /ii C• . ' der: Ordinance No. 512 , 2n. - . ,gig:-- vy—a -b-e-ssments to Co _ ^ „ . . 'ark Estates , for sewer. •u•lic Hearing. t .—Consider: Ordinance Na, -1 2nd reading. Designating a i portion— f Brumlow Avenue as a "No Parking" Area. ,__Public Hearing. City of Southlake,Texas City Council Meeting June 19 , 1990 page two 10 . Consider: Ordinance No 509 , d _ Installment Sale a ory o > or Denton Creek Wastewater (Pre Int c7 pto System. i He ring. 1 . Consider-:--6rd' No. 480-23 , 2nd reading l(ZA 90-22) . \Zoning re est and concept pi--an for 14 . 614 acre tract of land out of the W.W. Hall Survey, Abstract No. 695 , Tract 6 . Current zo ing).s Agricultural, request is for the SF 20A ZoningrDistrict. Location: West side of North Card 1 Avenue, approximately 1000 feet South of City-Hall. This tract is proposed to be Phase II of outhView. ublic Hearing. 12 �ns ' esolution 90-46 , reinstating the Impact Fees. 13. Consider: Z 0-26 , velo1.4 ent Site Plan for Timb fi ake, P ase a 156 . 71 3 acre tract Irid out of the P.J. Hyde - rvey, Abstra o. 667 , and the James Thornhill Sur �Ab-sfi_ ct No. 1505 . rs ni d--t7ntt ueve�Iopme_nt (PUD) for resid ial p rposes. he property is located Nort West Con inental Blvd. , at of South ite Chapel Blvd , and East of Southlake H-iL1s Estates. 14 . Consider: ZA 90- Prelimina plat of Timber La ase 2 , 556 . 7173 ac out of the P.J. ix Survey, Abstract No. 667 , and the amen rnhill Survey, Abstract No. 1505 . The -&perty i cated North of West Continent d. , West of Sout ite Chapel Blvd. , an s Southlake Hills Estates . Consider: ZA 90-29 , request for Site Plan approval for Carrick Press Addition. A 3 . 00 acre tract of land out of the Thomas Easter Survey, Abstract No. 474 , and the Samuel Freeman Survey, Abstract No. 525 . Own anne R. Dinsmoor. 16 . Consider: A 90-28 liminary plat of Sword Addition. 3. 638 acres out of the Benjamin J. Foster Survey, Abstract No. 519 , Tract 1F. Owner: Johnny Sword. Applicant: Monica Haverkamp., Location: East side of Randol Mill Avenue at Florence Road. City of Southlake,Texas Illir City Council Agenda June 19 , 1990 page three 17 . Consider: ZA 90-30 , f` nal plat Ot11 Hill Estates. 1 acre . out of t/ e Littleberry G. Hall Surve - -Abs rac jNo 686 , Tracts 1D and 1F, and the Thomas Hew" ur' I v , Abstract No. 706 , Tracts 9A and 9A1 . Owner: ar!io - G. Truelove. Applicant: James R. Har s Compra.ny.. Ip ation: West si.e of North White Chapel Blvd. , 4across from\jMission - ' 11 Estates. 18 . Consider: esol ion 9 47 , thor ' 1 ,g th ayo t e e u a c tr fo oc t' n of liti on 1 9 . 19 . sider: uest for tempo a road acce4 Austi '`6ait's- dd ion, City f Grap �' ne. 20 . Consider: D e rj-f �`` �""4 21 . Discussion: Related to unbuildable lots , those lots under the one acre minimum without a central sewer system. 22 . Discussion: Sign Ordinance No. 506 . 23 . Executive Session Pursuant to the Open Meetings Law, Article 6252-17 V.T.A. S. Section 2 (e) , 2 (f) , 2 (g) . Refer to posted list of litigations. A. Discussion: Pending or contemplated litigations. (Refer to posted list) B. Discussion: Personnel Matters, including Boards and Commissions (Refer to posted list) C. Discussion: Land Acquisition. D. Return to Open Session. City of Southlake,Texas City Council Agenda June 19 , 1990 page four 24 . Consider: Action necessary in regards to pending or contemplated litigations. (Refer to posted list) 25 . Consider: Action necessary in regards to personnel matters, including Boards and Commissions (Refer to posted list) . 26 . Consider: Resolution 90-41 , appointments to the Board of Adjustments. 27 . Consider: Resolution 90-50 , appointment to the Park and Recreation Board. 28 . Consider: Resolution 90-49 , appointment of Council Representative to North Central Texas Council of Governments (NCTCOG) General Assembly. 29 . 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, June 15 , 1990 , at 5 : 0 0 p.m. pursuant to the Open Meetings Law, Article 6252-�`�;ia'i,&, ,,,A. S . : F hZL , , '44 Sandra L. LeGrand ��/ ,3,=_,, City Secretary =►-. � N -so.... ���h�gp u�►►u`'`�```` 4 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 . 7 . West Beach Addition 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 6/15/90 4 r City of Southlake,Texas r 3 MEMORANDUM _ June 12, 1990 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Chief of Police , SUBJECT: Municipal Court of Record Study Attached is the Southlake Police Department's Municipal Court of Record Study, the Texas Annotated Code that provides legislation for the establishment and implementation of a Court of Record, along with assorted preparations by Janie Borum. The Committee on the Municipal Court of Record will be presenting their recommendations to the Council on June 19, 1990. I feel that the Committee, comprised of Karen Apple, John Swift, Conner Lam and John Michael Franks went about the task that was given them by the Mayor and Council in a very earnest and sincere manner. I feel they were very studious in their endeavors and their recommendations should be accepted. 3C/mr Attachments 7 / City of Southlake,Texas • MEMORANDUM March 14, 1990 TO: Chief Campbell, Police Chief FROM: Janie Borum, Court Clerk SUBJECT: Court of Record-Appeals The following procedures are steps from the time a citation is written until it is appealed. 1. Officers write the citation and they are turned into dispatcher 2. All citations are picked up at 8 : 00 AM by the Court Clerk 3. The price of the offense is coded in the left corner of the citation 4. All citations are entered into computed the same day 5. If citation is going to be appealed the defendant has 10 days to notify the court for a court date (by attorney) 6. When the appeals are put in the computer, there are several steps A. All appeals are put in disposition menu B. All appeals go into appeal menu this prints out a complaint, a judgement, a commitment and a transcript (1 each for each appeal) C. These are all put together and the Judge signs them D. The appeals are sealed with the court seal and mailed to Tarrant County Court of Appeals, after this they are out of our jurisdiction E. For January 1990 there were 132 appeal to process it took approximately 8 hours to process all of them. Between January 1989 and February 1990 there have been 1,146 cases appealed, out of these there has been a 98% of dismissals at the County level. Cases appealed after Court of Record established would be expected to decrease to 1 or 2 appeals a year. This would be a large revenue increase for court. Without Court of Record all cases can be appealed automatically, the defendant does not have to show cause or error on the part of Municipal Court. If Court of Record was established the defendant must show error with the Municipal Court and this is done at the defendants cost. Janie Borum Vlay VVYal 114nG, IGA.. • MEMORANDUM • June 11 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. BArnes, Director of Public Works SUBJECT: Ordinance #512- Levying Sewer Assessments To Residents of Continental Park Estates (CPE) Attached is Ordinance #512 levying sewer assessments to the residents of CPE to those property owners who are not willing to pay their prorata cost of the sewer line in CPE. The only change to the Ordinance recommended by the Council was that the payment period be reduced from 36 months to 18 months for those who elect to have time payments. Please place this item on the City Council' s June 19, 1990 agenda, 2nd Reading, for their consideration. MHB/ew S-1 ! I t t ' ORDINANCE No. ��� AN ORDINANCE CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OP SANITARY SEWER IMPROVEMENTS IN CONTINENTAL PARK ESTATES IN THE CITY OF SOUTHLAKE, TEXAS; FIXING CHARGES AND LIENS AGAINST THE LOTS IN CONTINENTAL PARR ESTATES, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES OF ASSESSMENT AS EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; PROVIDING FOR THE TIME AND MANNER OF PAYMENT OF ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; 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 Resolution No. 90-34 describing a necessity for and ordering the construction of sanitary sewer improvements within Continental Park Estates, a subdivision located within the corporate limits of the City of Southlake, Texas, by the laying of mains, laterals and extensions and all appliances and necessary adjuncts required for the sanitary disposal of excreta and offal from lots within 8 Continental Park Estates (hereinafter sometimes referred to as the "Project") . WHEREAS, estimates of the cost of the above-described sewer improvements were prepared and filed and approved and adopted by the City Council, and a time and place was fixed ,for a hearing and the proper notice of the time, place and purpose of said hearing was given and said hearing was had and held at the time and place \slake\Qrd.25 -1- IELDING , BARRETT TEL : 817-560-3953 Jun 15 ,90 15 :32 No .009• P .03 fixed therefore, to-wit, at 7:30 p.m. on the 5th day of June, 1990, in the Council Chamber in the City Hall in the City of Southlake, and at such hearing the City Council heard all protests and objections which were made by the abutting owners in connection with the assessments to be levied. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL or THE CITY OF SOUTHLAKE, TEXAS: SECTION I The benefit hearing for the assessment for sanitary sewer improvements as described above is hereby closed and all protests and objections, if any, to the assessments levied are hereby overruled. SECTION II The City Council finds from the evidence submitted at said public hearing that the assessments herein should be made and levied against all parcels of property within Continental Park Estates to be served by such sanitary sewer improvements and against the real and true owners of such properties, and that such assessments and charges are right and proper and are substantially in proportion to the benefits to the respective parcels of property by means of the improvements for which such assessments are levied, and establish substantial justice and equality and uniformity between the respective owners of the respective properties, and between all parties concerned, considering the benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specially benefitted in enhanced value to the said property by means of the said improvements and \Slake\ord.25 W.3 -2- CIELDING , BRRRETT TEL : 817-560-3953 Jun 15 ,90 15 :32 No .009' P .04 for which assessment is levied and charge made, in a sum in excess of the said assessment and charge made against the same by this ordinance, and further finds that the apportionment of the cost of the improvements is in accordance with the provisions of Section 402.061, gt. seq. , Texas Local Government Code and the Charter and ordinances in force in this City, and the proceedings of the City heretofore had with reference to said improvements are and were in all respects valid and regular. SECTION III There shall be, and is hereby levied and assessed against each parcel of property described and identified on Exhibit "A" attached hereto, and against the real and true owners thereof (whether such owners be correctly named therein or not) the sum of Two Thousand Four Hundred and Ninety-Four Dollars ($2,494.00) . No error or mistake in naming any owner or in describing any property shall invalidate any assessment or any certificate issued in evidence thereof, and the omission of improvements on any particular unit or in front of any property exempt by law from the lien of special assessment for sewer improvements shall not invalidate any assessment levied. The total amount assessed against the respective parcels of property, and the owners thereof, is in accordance with the proceedings of the City relating to said improvements and assessments thereof, and is less than the total assessment allowed and permitted by law. SECTION Iv Where more than one person, firm or corporation owns an interest in any property, each said person, firm or corporation \sleke\ord.25 g.- / -3- 'FIELDING , BRRRETT TEL : 817-560-3953 Jun 15 ,90 15 :32 No .009 P .05 shall be personally liable only for its, her or his pro rata portion of the total assessment against such property in proportion as its, her or his respective interest in such property bears to the total assessment herein levied on such property; and its, her or his respective interest in such property may be released from the assessment lien upon payment of such proportionate sum. SECTION V The several sums above mentioned and assessed against the said parcels of property, and the owners thereof, and interest thereon at the rate of ten percent (10%) per annum, together with reasonable attorneys' fees and costs of collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property against which the same are assessed, and a personal liability and charge against the real and true owners of such property, whether such owners be correctly named or not, and the said liens shall be and constitute the first enforceable lien and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims, except state, county, school district, and city ad valorem taxes. The amounts assessed against the abutting properties and the owners thereof shall constitute a first and prior lien upon such property and a personal liability of the owners thereof and shall be payable upon the acceptance by the City of Southlake, of the Project or any unit thereof after its completion. Said assessments shall be due and payable on or before thirty (30) days after the acceptance by the City of the Project or any unit thereof, except \stake\ord.25 ��.� -4- . FIELDING , BARRETT TEL : 817-560-3953 Jun 15 ,90 15 :32 No .009' P .06 that, if the abutting owner so elects, by complying with the terms hereinafter set forth, said assessments may be paid in installments, one half of said assessment to be paid in advance with the remainder of said assessment to be paid in installments over a period of eighteen (18) months. Any owner electing to pay the assessment in installments, as provided for herein, as a condition precedent to such election, must execute a promissory note and mechanic's and materialman's lien contract evidencing the owner's intent to pay the assessment in accordance with the terms hereinabove set forth, and granting a mechanic's lien upon and conveying the said abutting property in trust to secure the payment by the owner. In any case in which the owner elects to pay the assessment in installments, the assessment shall bear interest from the date of acceptance of the Project at the rate of ten percent (10%) per annum. Any owner shall have the right to pay any and all of such installments at any time before maturity by paying principal and interest accrued to the date of payment. The note shall be discounted and shall be deemed paid in full upon the timely payment of the principal amount of Two Thousand Seventy- Eight Dollars ($2, 078. 00) , plus accrued interest thereon. Should any assessment or installment thereof not be paid on its due date, the City shall have the option to accelerate the entire unpaid balance of the assessment and declare the same to be immediately due and payable. This and other terms governing any default in the payment of any installment shall be set forth in the mechanic's and materialman's lien contract and shall be uniform among all owners executing the contract. In the alternative, any abutting owner can . __ 7- 6 _ FIELDING , BARRETT TEL : 817-560-3953 Jun 15 ,90 15 :32 No .009P .07 pay the assessment in full by paying the cash amount of Two Thousand Seventy-Eight Dollars ($2, 078.00) no later than thirty (30) days after the acceptance by the City of the Project. In addition, the City Manager shall have the authority to authorize terms of payment different than those specified herein when he determines that an extreme financial hardship exists. SECTION VI Although the aforementioned charges have been fixed, levied and assessed in the respective amounts hereinabove stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate. Notwithstanding the City Council has herein reserved the right to issue credits, it shall not be required to issue credits, and will not do so, if same would result in inequity or unjust discrimination. The principal amount of each of the several assessment certificates to be issued by the City as hereinafter provided, shall be fixed and determined by deducting from the amount of any assessment hereinabove levied such amount or amounts, if any, as may hereafter be allowed by the City Council as a credit against the respective assessments. SECTION VII If default shall be made in the payment of any assessment, collection thereof shall be enforced either by the sale of the property by the Assessor and Collector of Taxes of the City as near as possible in the same manner provided for the sale of property for the non-payment of ad valorem taxes, or at the option of the lslake\ord.25 V -7 -6- FIELDING , BARRETT TEL : 817-560-3953 Jun 15 ,90 15 :40 No .010" P .01 notwithstanding such owners may not be named, or may be incorrectly named. SECTION XI The assessments so levied are for the improvements in the particular unit which will serve the property described, and the assessments for the improvements in any unit are in no wise affected by the improvements or assessments in any other unit, and in making ' assessments and in holding said hearing, the amounts assessed for improvements in any one unit have been in no wise connected with the improvements or the assessments therefore in any other unit. SECTION XII 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 XIII 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 \elake\ord.25 -a- FIELDING , BARRETT TEL : 817-560-3953 Jun 15 ,90 15 :40 No .010• P .02 any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION XYV The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption and effective date of same in the minutes of the City Council and by filing the complete ordinance in the appropriate ordinance records of the City. SECTION XV This ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordained. PASSED AND APPROVED on first reading this day of , 19 MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on second reading this day of _, 19 . MAYOR ATTEST: CITY SECRETARY \;lake\ord.25 7-9 •9- FIELDING , BARRETT TEL : 817-560-3953 Jun 15 ,90 15 :40 No .010 P .03 APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: �+—!0 \slake\ord.25 -10- FIELDING , BARRETT TEL : 817-560-3953 Jun 15 ,90 15 :58 No .012 P .02 PROMISSORY NOTE CITY OP BOUTELARE, TEXAS _ _, 39 POR VALUE RECEIVED, the undersigned, jointly and severally, hereby promise to pay to the City of Southlake or order the amount of Two Thousand Four Hundred Ninety Four Dollars ($2 ,494.00) , plus interest at the rate of ten percent (10%) per annum from the date of completion and acceptance of the sewer improvements referred to i.rn the hereinbelow described Mechanic's and Materialman's Contract, in lawful money of the United States, payable at the office of the Assessor and Collector of taxes of the City of Southlake, 667 North Carroll Avenue, Southlake, Texas 76092. Principal and interest on this note are payable in five installments as follows: (1) the first installment shall be payable in the amount of One Thousand Seventy-Nine Dollars ($1,079. 00) on or before July 1, 1990; (2) the second, third and fourth installments shall each be payable in the amount of Three Hundred Thirty-Three Dollars ($333.00) on or before January 1, 1991, July 1, 1991 and January 1, 1992, respectively; and (3) the entire amount of principal and interest remaining unpaid following payment of the fourth installment shall be payable in a fifth installment on or before February 1, 1992. Interest will be calculated on the unpaid principal to the date of each installment paid. Payments will be credited first to the accrued interest and then to reduction of principal. If it should be determined that any excess interest is pro- vided for by this note, or any agreement between the undersigned and the payee, the undersigned shall not be obligated to pay the amount of interest to the extent that it is in excess of the amount permitted by law and any excess interest paid shall be credited as a payment on the principal balance, or if the principal balance has been paid in full, refunded to the undersigned. In determining whether the loan evidenced by this note is usurious under applicable law, all interest at any time contracted for, charged or received from the undersigned in connection with the loan shall be amortized, prorated, allocated, and spread in equal parts during the period of the full stated term of the loan. It is expressly provided and stipulated that, notwithstand- ing any provision of this note, or any agreement between the undersigned and the payee, in no event shall the aggregate of all g-_I! slake\eontinent.04 -1- FIELDING , BARRETT TEL : 817-560-3953 Jun 15 ,90 15 :58 No .012 P .03 • interest paid or contracted to be paid to the payee by the undersigned (or any guarantors or endorsers) ever exceed the maximum amount of interest which may lawfully be charged the undersigned by the payee on the principal balance of this note from time to time advanced and remaining unpaid. It is expressly stipulated and agreed that it is the intent of the payee and the undersigned in the execution and delivery of this note to contract in strict compliance with applicable usury laws. In furtherance thereof, none of the terms of this note, or any agreement between the undersigned and the payee, shall ever be construed to create a contract to pay interest at a rate in excess of the lawful rate, for the use, forbearance or detention of money. The undersigned (whether one or more) expressly agrees that in the event of default in the payment of this note or of any installment of principal and/or interest of this note when due, or in the event of default in the performance of any of the terms, covenants, or conditions contained in any instrument or instruments given as security for the payment of this note, the holder hereof may, at its option, without notice of nonpayment, demand for payment, presentment for payment, notice of intention to accelerate maturity, notice of acceleration of maturity, protest, notice of protest, or any other demand or notice of any kind, all of which are hereby expressly waived, declare the principal of this note and all unpaid accrued interest at once due and payable. The undersigned retains the right to pay one or more installments in advance of any payment date, and in such event the undersigned shall be credited with unearned interest thereon. This note shall be deemed paid in full if the principal amount of Two Thousand Seventy Eight Dollars ($2, 078 .00) , plus accrued interest thereon, has been paid on or before January 1, 1992. The payment of this note is secured by a lien contained in that certain Mechanic's and Materialman's Contract this day executed between the undersigned and the City of Southlake upon the following property: It is understood and agreed that failure to pay this note or any installment thereof, when due, shall at the election of the holder hereof, mature the entire amount of this note, both principal and interest, and it shall thereupon become subject to foreclosure proceedings under the said Mechanic's and Materialman's Contract. sleke\continent.04 . FIELDING , BARRETT TEL : 817-560-3953 Jun 15 ,90 15 :58 No .012 P .04 It is specially agreed that if this note is placed in the hands of an attorney for collection, or if it is collected through any character of foreclosure, or sale, or judicial proceedings, the undersigned agree to pay costs of collec`:ion and attorneys' fees. DATED at Southlake, Texas this day of , 1990. (Name of Property Owner) (Signature) (Name of Property Owner) (Signature) (Name of Property Owner) (Signature) stake\continent.O. 1743 .3. FIELDING , BARRETT TEL : 817-560-3953 Jun 15 ,90 15 :58 No .012 P .05 NO. CITY OF SOUTHLAKE, TEXAS $ CERTIFICATE OF SPECIAL ASSESSMENT FOR SEWER IMPROVEMENTS IN CONTINENTAL PARK EdTATEB ISSUED TO THE CITY OP SOUTHLAXE This is to certify that by virtue of sundry proceedings of the City of Southlake, Texas, including Ordinance No. 512 passed on the 19th day of June, 1990, there was levied an assessment in the sum of Two Thousand Four Hundred Ninety-Four Dollars ($2,494.00) against property situated in continental Park Estates in said City, and described as follows: and against the true owner(s) of said property. Said assessment is payable to the City of Southlake, its successors or assigns, no later than thirty (30) days after acceptance of the improvements by the City of Southlake. Said assessment shall bear interest at the rate of ten percent (10%) per annum until paid. Said assessment was levied by virtue of said ordinance and other proceedings of said City providing for payment by the true owner(s) of said premises of the pro rata of the cost of constructing said sanitary sewer improvements under a contract between said City and , dated the day of , 19 • By said ordinance said assessment, with costs of collection and reasonable attorney's fees, if incurred, is declared to be a first and paramount lien upon said premise (except as to State, County, School District and City ad valorem taxes) and a personal liability of the true owner(s) payable to said city of Southlake, slake\continent.06A -1- FIELDING , BARRETT TEL : 817-560-3953 Jun 15 ,90 15 :58 Na .012 P .06 • its successors or assigns, in installments with interest as above set forth. In accordance with said ordinance and proceedings, it is hereby declared that if default shall be made in the payment of any installment of principal or interest hereon when due, then at the option of said City of Southiake or other letgal holder hereof, this Certificate shall at once mature without n.,tice, and the full amount of principal thereof shall be collectible with interest and reasonable attorney's fees, and costs of collection, if incurred. The proceedings with reference to making such improvements have been regularly had in compliance with the law, the Charter of the City, and the terms of this Certificate, and all prerequisites to the fixing of the assessment lien against the property herein described and the personal liability of the owner(s) thereof have been performed. The said improvements have been completed by said in compliance with the terms of said contract and were accepted by said City on the day of , 19 The sums evidenced hereby shall be paid to the Assessor and Collector of Taxes of said City at his office at 667 North Carroll Avenue, Southiake, Tarrant County, Texas, who shall issue his receipt therefor, which shall be evidence of such payment on any demand for the same, and when the full amount due hereon has been paid, said City or other legal holder hereof shall surrender this Certificate to the owner(s) of said premises, and, upon presenta- tion thereof to the said Assessor and Collector of Taxes, he shall issue his receipt in full of said assessment. Said Assessor and Collector of Taxes shall credit said payments upon this Certificate and shall immediately deposit sums paid hereon with the City Treasurer of the City of Southiake. The deposit shall be the authority of said City Treasurer to make such payments to the City of Southiake or other legal holder. Upon default in payment of any installment of principal or interest hereon and the maturity of this certificate, it is made the duty of the Assessor and Collector of Taxes, on request of the legal holder of this Certificate, to advertise and sell said premises for the purpose of realizing any amount then due hereon, with interest and reasonable attorney's fees and costs of collec- tion, if incurred, said sale to be made in the manner provided by law and the Charter of said City for the sale of property for collection of taxes, or in the case of such default, upon demand of the legal holder hereof, said City will exercise its Charter powers to enforce and collect this Certificate by suit in its own name for the benefit of said holder, or the legal holder hereof may bring suit for the enforcement of this Certificate in any court having jurisdiction. slake\eontinent.06A •2• FIELDING , BARRETT TEL : 817-560-3953 Jun 15 ,90 15 :58 No .012 P .07 Done this day of 19 , pursuant to ordinance of the City Council of the City of Southlake, Texas. CITY OF SOUTHLA-'E, TEXAS By: •Mayor ATTEST: By: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney DATE: 1446 slake\continent.06A -3. FIELDING , BARRETT TEL : 817-560-3953 Jun 15 ,90 15 :58 No .012 P .08 For value received, the City of Southlake does assign the within Certificate and the indebtedness and liens and remedies for their enforcement evidenced thereby to , . this day of , A.D. , 1990. ATTEST: City Secretary Mayor g H H H n 4 0 N M b y O H g 8 0 04 O +mod k %.4 I 2 0 m ® N pi i 4 O 0 hi g N VW m gx H 1. $ Due 19 Paid 19 2. $ Due _ 19 Paid 19 3 . $ Due 19 Paid 19 4 . $ Due 19 Paid 19 5. $_ Due 19 Paid 19 ATTEST: lift City Secretary Mayor FIELDING , BARRETT TEL : 817-560-3953 Jun 15 ,90 15 :58 No .012 P .09 NOTICE OF ASSESSMENT STATE OF TEXAS § § COUNTY OF TARRANT § Notice is hereby given that the governing body of the City of Southlake, Texas, by Ordinance No. 512, has ordered and determined it to be necessary that sewer improvements within Continental Park Estates in the City of Southlake, Tarrant County, Texas be constructed and that a portion of the cost of such improvements is to be specially assessed as a lien upon the property abutting thereon. The abutting property which has been assessed with a lien is: and the owner of said property is as recorded by the Deed Records of Tarrant County, Texas. The following improvements will be installed and completed by the City of Southlake as per City specifications and the following amounts have been assessed therefor: 6" and 8" sewer lines, manholes and 4" service lines or lines of adequate size to service the adjacent property. TOTAL ASSESSMENT: $2,494 . 00 Such assessment shall not mature until acceptance of the improvements by the City. IN WITNESS WHEREOF, the undersigned has executed this instrument, this the day of .� 19 MAYOR, This instrument was acknowledged before me on this the day of , 19 by Mayor. Notary Public in and for the State of Texas My Commission Expires: Type or Print Notary's Name slake\contincntal.05 gP/7 -1- FIELDING. BARRETT TEL: 817-560-3953 Jun 15,90 15:58 No.012 P.10. NECNANIC'$AID 1MTERIAutaIPS WITRACT STATE OF TEXAS Ii COUNTY OF TARRANT THIS CONTRACT made and entered into by end between the City of Southlake, a aoicipal corporation of Tarrant County,Texas, acting herein by end through its duty authorized City Neneger,hereinaftar celled"City,• and • hereinafter called"Owner." WITNESSETNa INEREAs, said owner desires to have constructed certain sewer improvements upon the hereinafter described property end within the abutting and adjacent thereto, in accordance with the plans and specifications for.the improving of the unit of which this construction 1s a part, now on file 1n the Office of the City Engineer of the City of.Southlake, which plans and specifications are specificeily made a pert hereof; and WHEREAS, said improvements shell consist of constructing and laying mains, laterals and extensions and all appliances andnecessary adjuncts including 6" and 8"sewer lines, manholes and 4"services lines or tines of adequate size to service the adjacent property; to be installed and constructed by the City of Southlake In compliance with Owners' request. Said improvements are to be made by doing above described work and furnishing the material therefor on the street abutting and adjacent to the following described property belonging to Owners In the City of Southlake, Tarrant County, Texas: • NOW, THEREFORE, ' City agrees with Owner that it will, without unnecessary delay, construct said above described Improvements, performing all the labor and furnishing all the material necessary to be used, end will pay ell expenses incident to such labor end the furnishing of such material. in consideration therefor, Owner agrees to pay the City of Southlake, Texas, the sun of Two Thousand Four Hundred Ninety-four Dollars ($2,494.00), with Interest at the rate of ten percent (10X)per arum, and has this date executed and delivered to said City his promissory note in said amount payable as follows' One Thousand Seventy-Nine Dollars 01,079.00)payable on or before Juty 1, 1990; three installments of Three Hundred Thirty-Three Dollars 0333.00) each payable on or before January 1, 1991, July 1, 1991 end January 1, 1992, respectively; and, the balance of the unpaid principal and interest payable on or before February 1, 1992, with all of the above amounts bearing interest at the rate of ten percent (10%) until paid. TO SECURE the payment of said note and indebtedness. Owner hereby gives end grants a mechanic's and meterialm►an's lien on said above described property and all buildings and improvements now thereon or which may hereafter be placed thereon. Further, to secure the payment of said note and Indebtedness,Owner hereby grants, bargains, sells and conveys said above described property to the duly appointed Land Agent of the City of Southlake, Trustee, his successors and assigns. TD HAVE AND TO HOLD said premises, together with, all and singular, the rights, hereditament• end appurtenances now or hereafter at any time before foreclosure hereof in anywise appertaining or belonging thereto, unto the said duly appointed Land Agent of the City of Southlake, Trustee, his successors and assigns, in trust, however, to secure the payment of the aforesaid indebtedness. BUT if SAID NOTE AND iNDERTEONEs8IIE PAID according to its terms, or any renewal or extension or pertiel renewal and extension thereof, THEN THiS CONVEYANCE SMALL IECO E NULL AND VOID, and this instrument shall be released et the cost of Owner, but in case said note and indebtedness or any pert thereof is not paid when due, then Owner hereby fully authorizes end empowers said Trustee, his successors end assigns, at any time after default, to sell said property to the highest bidder for cash, at the place and in the manner and after giving • notice es required by law in makinng sales under deeds of trust. in the event of and after sale, as aforesaid, the Trustee. his successors and assigns, shall make end deliver to the purchaser of said premises a deed conveying acid property in fee simple, and shell receive the proceeds of sold sale to be applied as follows' First, to the payment of the proper expenses of making the sale; second, to the payment of said indebtedness, together with all interest accrued thereon; and the remainder, if any, to be paid to the Owner, or his or their assigns. it is agreed that the holder of said note and Indebtedness at the time of such foreclosure shall have the right to become the purchaser, if at such eats it be the highest or best bidder. Owner binds himself or themselves that he or they will surrender to the purchaser at such sale Immediate control and possession of said property purchased by such purchaser, and in default thereof they shall be tenants at sufferance of such purchaser removable at the tatter's will by forcible detainer proceedings or by any other legal proceedings. Should Owner fell to keep and perform any of the above recited agreements, thereupon any holder of said note and indebtedne,e at the tiros of such default, at its option, may declare all the Indebtedness than owing, together with accrued interest, to be d e and payable, end may proceed to foreclose such lien In the manner above provided or by foreclosure suit. This contract is executed and delivered before any labor or material for the construction of said sewer improvements have been performed or furnished. "laic.\rnntinent.07 g -1• • FIELDING. BARRETT TEL: 817-560-3953 Jun 15.90 15:58 No .012 P.11 Incase of absence,death, inability, refusal or failure of the Trustee herein nuked to act, a successor and'substitute may be tweed, constituted, and appointed by the holder of said note and indebtedness, without other formality then ,n appointment and designation in writing; and this conveyance shall vest In him, es Trustee, the estate and title In all said premises and he shall thereupon hold, possess end execute ell the title, rights, powers and duties herein conferred on said Trustee named, and his conveyance to the purchaser shall be equally valid end effective; and such right to appoint a successor or Substitute Trustee shall exist as often and whenever from any of said causes any trustee, original or substitute, cannot or will not act. WITNESS our signatures this the day of , 1990. ATTEST; CITY OF SOUTNLAXE CITY SECRETARY CITY MANAGER APPROVED AS TO FOAM AND LEGALITY; CiTY ATTORNEY OWNER OWNER • OWNER STATE Of TEXAS f I CXUNTT OF TARRANT i BEFORE I .the undersigned authority,on this day personally appeared known to Me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER NY NAND AND SEAL OF OFFICE, this the day of , 1990. NOTARY PUBLIC IN AND FOR TARRANT CWNTY, TEXAS STATE OF TEXAS i I WINTT OF TARRANT I BEFORE NE, the udersigned authority,on this day personally appeared of . known to me to be the person end officer whose name is subscribed to the foregoing instrument, and acknowledged to em that the suss was the act of said , a corporation, and that he executed the same es the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER NY WIND AND SEAL Of OFFICE, this the day of , 1990. NOTARY PUBLIC IN AND FOR TARRANT COUNTY, TEXAS Ii I� I t o w a y 4 .. a 0 st5 ' .5 . . o 1 i 0 1! n I 1 • zb N 4 g ..•i i 1 1• r • ... II City of Southlake,Texas MEMORANDUM June 11 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Denton Creek Wastewater Pressure System Amendatory Contract (DCWPSAC) Attached is the DCWPSAC as submitted and approved at the 1st reading on June 5 , 1990. It was my understanding that the City Council approved the contract as presented and that the refinancing bond amount be set at $1 ,500 ,000 . Of the $1 ,500 ,000 bond sale, approximately $250 ,000 to $270 ,000 will be construction funds that is projected to be spent toward the installation of the N-3 sewer line to serve the N-3 area, Carroll High School, Johnson Elementary, and Carroll Middle School. Cheatham & Associates has projected the construction cost of the N-3 sewer line to be $500 ,000 . The City will need to seek other funding sources in order to fund this sewer line. The DCWPSAC is submitted for the City Council' s consideration at the June 19 , 1990 meeting. If you have any questions , please contact me. MHB/ew • ORDINANCE NO . 509 0 ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE TRINITY RIVER AUTHORITY OF TEXAS - DENTON CREEK WASTEWATER INTERCEPTOR SYSTEM INSTALLMENT SALE AMENDATORY CONTRACT (CITY OF SOUTHLAKE PROJECT) , PLEDGING AND APPROPRIATING WATERWORKS AND SEWER SYSTEM REVENUES, AND PLEDGING AND 1 LEVYING A CITY AD VALOREM TAX, IN CONNECTION THEREWITH �j BE IT-ORB -BY-TH CI HE COUNCIL OF THE CITY OF SOU HTLAKE- --'' SECTION 1 That, for and on behalf of the City of Southlake, the Mayor of the City of Southlake is hereby authorized and di- rected to sign, deliver, and otherwise execute, and the City Secretary of the City of Southlake is hereby authorized and di- rected to sign, attest, and seal, the "Trinity River Authority of Texas - Denton Creek Wastewater Interceptor System Install- ment Sale Amendatory Contract (City of Southlake Project) " (the "Contract") in substantially the form and substance attached to this Ordinance and made a part hereof for all purposes. SECTION 2 That, upon its execution by the parties thereto, the Contract shall be binding upon the City of Southlake in accor- dance with its terms and provisions; and the revenues of the City's waterworks and sewer system are hereby pledged and, appropriated to making payments under the Contract as provided therein. SECTION 3 That during each year during the term of said Contract the City Council of said City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce annually the money necessary to make any payments, including indemnities, required to be made by the City under the Contract, and to create a sinking fund of at least 2% as required by Article 11, Section 5 of the Texas Constitution; and said tax shall be based on the latest approved tax rolls of the City, with full allowance being made for tax delinquencies and costs of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the City for each year during the term of the Contract; and said tax shall be assessed and collected for each year and used for making the aforesaid payments to the extent required by the Contract. Said ad valorem taxes sufficient to provide for making the aforesaid payments are hereby pledged irrevocably for such payment, within the limit prescribed by law. /b - 2'' SECTION 4 That all ordinances and/or resolutions of the City in conflict with or inconsistent with this Ordinance are hereby amended or repealed to the extent of any such conflict or inconsistency. SECTION 5 That this Ordinance shall take effect and be in full force and effect from and after the date of its final passage. /0 - � TRINITY RIVER AUTHORITY OF TEXAS - DENTON CREEK WASTEWATER INTERCEPTOR SYSTEM INSTALLMENT SALE AMENDATORY CONTRACT (CITY OF SOUTHLAKE PROJECT) THE STATE OF TEXAS .• TRINITY RIVER AUTHORITY OF TEXAS : WHEREAS, the Trinity River Authority of Texas (the "Au- thority") , the City of Southlake, Texas (the "City") , and Lake Turner Municipal Utility District No. 1 of Tarrant County and Denton County, Texas (the "District") duly entered into the "Trinity River Authority of Texas - Denton Creek Wastewater Interceptor System Installment Sale Contract (City of Southlake and Lake Turner Municipal Utility District No. 1 Project) ", dated as of April 27, 1988 (the "Contract") ; and WHEREAS, the Contract provided that the Authority would, for the benefit of the City and the District, acquire the "Interceptor System" , as defined in the Contract, by purchase and construction, and that the Authority would enter into contracts for such purpose in accordance with laws applicable to the Authority; and WHEREAS, pursuant to the Contract the Authority duly issued and delivered, and there are presently outstanding, the Trinity River Authority of Texas Denton Creek Wastewater Pressure Interceptor System Revenue Bonds, Series 1988, dated June 1, 1988, in the principal amount of $2 ,425, 000 (the "Series 1988 Bonds") ; and i4 - 94 1 WHEREAS, part of the proceeds of the Series 1988 Bonds have been expended on engineering design costs and rights-of- way for the Interceptor System, interest on said Series 1988 Bonds during construction, and other costs relating to the Interceptor System, in accordance with the original Contract, but part of said proceeds remain unexpended; and WHEREAS, the District has advised the Authority and the City that the earlier anticipated growth in the District has not occurred, and that the District does not now need any capacity in the Interceptor System, and wishes to pay off and discharge its obligations with respect to the Series 1988 Bonds and withdraw completely as a party to the Contract; and WHEREAS, the Authority and the City are agreeable to such procedure and are willing to amend the design for the Intercep- tor System and cause the acquisition of a smaller project to accommodate only the City, with the City to be solely liable with respect to the amortization of bonds hereafter issued by the Authority pursuant to this amendatory contract (the ' "Amendatory Contract") ; and WHEREAS, the parties hereto have agreed to amend the Contract to accomplish such end, with the District to be a party to this Amendatory Contract in order to provide for its withdrawal and discharge from the original Contract effective upon the execution of this Amendatory Contract, the payment by the District of the sum hereinafter stated, and the refunding, /o-r 2 defeasance, and redemption of the Series 1988 Bonds, all as provided in Section 16 of this Amendatory Contract; and WHEREAS, the Authority, the City, and the District have determined to enter into this Amendatory Contract in order to completely rewrite the original Contract in the foregoing respects, but retaining certain concepts contained in the original Contract which are to be applicable in the future to the Authority and the City. NOW, THEREFORE, IT IS CONTRACTED AND AGREED BETWEEN THE AUTHORITY, THE CITY, AND THE DISTRICT THAT THE CONTRACT IS AMENDED IN ITS ENTIRETY SO AS TO BE AND READ AS FOLLOWS: "TRINITY RIVER AUTHORITY OF TEXAS - DENTON CREEK WASTE- WATER INTERCEPTOR SYSTEM INSTALLMENT SALE AMENDATORY CONTRACT (CITY OF SOUTHLAKE PROJECT) THE STATE OF TEXAS . TRINITY RIVER AUTHORITY OF TEXAS : THIS TRINITY RIVER AUTHORITY OF TEXAS - DENTON CREEK WASTEWATER INTERCEPTOR SYSTEM INSTALLMENT SALE AMENDATORY CON- TRACT (CITY OF SOUTHLAKE PROJECT) (the "Amendatory Contract") made and entered into as of the 27TH day of JUNE, 1990 (the "Amendatory Contract Date") , by and between TRINITY RIVER AUTHORITY OF TEXAS (the "Authority") , an agency and political subdivision of the State of Texas, being a conservation and reclamation district created and functioning under Article 16, Section 59, of the Texas Constitution, pursuant to Chapter 518, 3 Acts of the 54th Legislature of the State of Texas, Regular Session, 1955, as amended (the "Authority Act") , and the City of Southlake, in Denton and Tarrant Counties, Texas (the "City") , and Lake Turner Municipal Utility District No. 1 of Tarrant County and Denton County, Texas (the "District") . WITNESSET H: WHEREAS, each of the City and the District is a duly created political subdivision of the State of Texas operating under the Constitution and laws of the State of Texas; and WHEREAS, the Authority, the City, and the District are authorized to enter into this Amendatory Contract pursuant to the Authority Act, Chapter 54, Texas Water Code, and also, as to the City, Section 402. 014, Local Government Code (formerly known as Vernon's Ann. Tex. Civ. St. Article 1109j ) , and other applicable laws; and WHEREAS, pursuant to a separate contract dated as of April 27, 1988, the Authority agreed to acquire, construct, own, and operate a regional wastewater treatment system to serve the City within the watershed or drainage area of Denton Creek, a tributary of the Trinity River, located in Denton and Tarrant Counties, Texas (the "Regional Wastewater System") ; and WHEREAS, such contract does not provide for the facilities required to transport the Wastewater of the City from the Denton Creek drainage area into the Regional Wastewater System; and 4 WHEREAS, under this Amendatory Contract the Authority proposes to acquire, by purchase and construction, the facili- ties required to transport the Wastewater of the City from the Denton Creek drainage area into the Regional Wastewater System; and WHEREAS such Wastewater transportation facilities which will serve the City (hereinafter called the "Interceptor System") are described in an engineering report of Espey, Huston & Associates, Inc. , Dallas, Texas, entitled "Denton Creek Pressure System Phased Development Plan" , dated March, 1990; and WHEREAS, such report, including all amendments, supple- ments, and change orders thereto, heretofore or hereafter made, is hereinafter called the "Engineering Report" ; and WHEREAS, it is expected by the Parties hereto that as soon as practicable after the execution of this Amendatory Contract the Authority will issue Bonds under this Amendatory Contract (1) for the purpose of refunding, defeasing, and discharging certain bonds out of that issue of Trinity River Authority of Texas Denton Creek Wastewater Pressure Interceptor System Revenue Bonds, Series 1988, now outstanding in the principal amount of $2,425, 000 (the "Series 1988 Bonds") , which bonds previously were issued by the Authority in connection with pressure interceptor facilities pursuant to the contract which is amended by this Amendatory Contract, and (2) for the purpose 5 of completing the acquisition of the Interceptor System to serve the City and providing other amounts in accordance with this Amendatory Contract. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Authority agrees to perform its commitments under this Amendatory Contract and to issue its Bonds for the purposes, and in the amounts and manner provided herein, including the purpose of -acquiring, by pur- chase and construction, the Interceptor System, and to sell and convey the Interceptor System to the City for the sole benefit of the City, upon and subject to the terms and conditions hereinafter set forth, to-wit: Section 1. DEFINITION OF TERMS. The following terms and expressions as used in this Amendatory Contract, unless the context clearly shows otherwise, shall have the following meanings: (a) "Annual Payment" means the amount of money to be paid to the Authority by the City during each Annual Payment Period as the Annual Requirement. (b) "Annual Payment Period" means the Authority's Fiscal Year, which currently begins on December 1 of each calendar • year and ends on the last day of November of the next calendar year. (c) "Annual Requirement" means the aggregate during each Annual Payment Period of the Bond Service Requirements with /0 - 7 6 respect to the Bonds for such Annual Payment Period, all as more specifically described and defined in Section 9 of this Amendatory Contract. - (d) "Bond Resolution" means any resolution of the Author- ity which authorizes any Bonds. (e) "Bonds" means all bonds hereafter issued by the Authority, expected to .be i-n several series or issues, and the interest thereon, as required in installments (i) . to _acquire, by purchase and construction, the Interceptor System (including all bonds issued to complete such acquisition of the Intercep- tor System) , and (-ii-).::. bonds issued to refund the Series 1988 Bonds and/or the interest thereon, and (iii) any other bonds issued to refund any other Bonds and/or the interest thereon, or to refund any such refunding bonds, and/or the interest thereon. (f) "Regional Wastewater System Contracts" means and includes all contracts, and all amendments thereto or replace- ments thereof, heretofore or hereafter entered ,into,,, hetween--or among the City and/or others and the Authority with. respect to the Regional Wastewater System. (g) "Regional Wastewater System" means the Authority's "Regional Wastewater System" as defined in the preamble to this Amendatory Contract, and includes all facilities -acquired, constructed, or operated by the Authority pursuant to the "Regional Wastewater System Contracts" . 7 (h) "City" means the City of Southlake, Texas. (i) "District" means Lake Turner Municipal Utility District No. 1 of Tarrant County and Denton County, Texas. (j ) "Engineering Report" means the "Engineering Report" as defined in the preamble to this Amendatory Contract. (k) "Interceptor System" means the Wastewater transpor- tation facilities described in the Engineering Report which are _._.. acquired and constructed by the Authority in order to receive and transport Wastewater of the City into the Regional Wastewater System. However, and notwithstanding the foregoing, said term includes only those facilities which are acquired or constructed with proceeds from the sale of Bonds issued, or payments made, pursuant to this Amendatory Contract. Said term does not include any part of the Regional Wastewater System or any facilities acquired or constructed by the Authority with the proceeds from the issuance of "Special Facilities Bonds" , which are hereby defined as being revenue obligations of the Authority which are not secured by or payable from Annual Payments made under this Amendatory Contract, and which are payable solely from other sources. (1) "Wastewater" means 'Sewage, Industrial Waste, Munici- pal Waste, Recreational Waste, and Agricultural Waste, together with Properly Shredded Garbage and such Infiltration Water that may be present, all as defined in the Texas Water Code. 8 Section 2 . CONSULTING ENGINEERS; CONSTRUCTION OF INTER- CEPTOR SYSTEM. (a) The Authority and the City agree that the Authority will choose the Consulting Engineers for the Inter- ceptor System, provided that the Consulting Engineers may be changed at the option of the Authority. The Authority agrees that the Interceptor System will be acquired and constructed in general accordance with the Engineering Report. (b) It is anticipated that the acquisition, by purchase and construction, of the Interceptor System by the Authority will be financed by the Authority through the issuance of several series or issues of its Bonds payable from and secured by Annual Payments made under this Amendatory Contract. The proceeds from the sale of the Bonds will be used for the payment and reimbursement of the Authority's costs and expenses in connection with the Interceptor System (including engineer- ing and design costs and expenses, and the cost of the land and interests _therein,. related to the Interceptor System) and the Bonds, including, without limitation, all financing, legal, printing, and other expenses and costs incurred in issuing its Bonds. Such Bonds will be issued by the Authority in install- ments in such amounts as are actually required to provide for the acquisition, by purchase and construction, of the Inter- ceptor System, and to fund to the extent deemed advisable by the Authority a debt service reserve fund, a contingency fund, and interest on Bonds during construction. It is now estimated _ 9 • that such Bonds will be issued in an aggregate amount of approximately $10, 600,000 (whether actually more or less) , which sum now is estimated to be sufficient to provide for refunding the outstanding Series 1988 Bonds and to cover the aforesaid costs and expenses and other amounts required. Each Bond Resolution of the Authority shall specify the exact principal amount of the Bonds issued thereunder, which shall mature not more than 25 years from the date of .such_ Bonds, and shall bear interest at not to exceed the maximum legal rates then permitted by law, and each Bond Resolution shall create and provide for the maintenance of a revenue fund, an interest and sinking fund, a debt service reserve fund, and any other funds deemed advisable, all in the manner and amounts as provided in such Bond Resolution. The City agrees that if and when such Bonds are actually issued and delivered to the purchaser thereof, the Bond Resolution authorizing the Bonds shall for all purposes be deemed to be in compliance with this Amendatory Contract in all respects, and the Bonds issued thereunder will constitute Bonds as defined in this Amendatory Contract for all purposes. Section 3. INTERCEPTOR SYSTEM USE BY THE CITY: (a) In consideration of the payments to be made by the City under this Amendatory Contract, the City is entitled to and shall have the exclusive right to the total use, capacity, and output of the Interceptor System, and may discharge all of its Wastewater generated within the Denton Creek drainage area into the /9 --7 10 Interceptor System at its Point or Points of Entry hereinafter described, subject to the restrictions hereinafter stated; and provided that the City must transport such Wastewater to its Point or Points of Entry into the Interceptor System. (b) The maximum rate at which Wastewater is discharged, by the City at its Point or Points of Entry into the Interceptor System shall not exceed for a period of sixty minutes a rate which, if continued for a period of twenty-four hours would equal 3.50 times the City's estimated average daily contribut- ing flow of Wastewater into the Interceptor System for the then current Annual Payment Period. The total quantity of Waste- water discharged into the Interceptor System shall never exceed the amount which the Interceptor System and the Regional Wastewater System are capable of receiving, treating, and disposing, unless approved by the Authority, subject to terms and conditions to be established by the Authority. Notwith- standing the foregoing the City shall never make any discharge into the Interceptor System or the Regional Wastewater System which would cause them to be overloaded or be in violation of applicable discharge permits from the State of Texas and/or the United States of America, or which would exceed its authorized percentage of use prescribed above. (c) Wastewater meeting the quality requirements of Section 4 of this Amendatory Contract will be received into the Interceptor System at the Point or Points of Entry, 11 • respectively,. to be established pursuant to mutual agreement between the Authority and the City. Additional Points of Entry may be established by mutual agreement between the Authority and the City in the future if such additional Points of Entry are determined by the Authority to be beneficial to the Inter- ceptor System. Section 4. QUALITY. The City shall discharge into the Interceptor System only such Wastewater as it is permitted to discharge into the Regional Wastewater System, and will not discharge into the Interceptor System any wastes prohibited by the Regional Wastewater System Contract. Section 5. METERING OF WASTEWATER. The Authority will furnish and install, for the benefit of the City, as part of the Interceptor System, such meter stations of standard type as the Authority may determine in its discretion are required for measuring properly all Wastewater discharged into the Inter- ceptor System by the City at such station. The City shall have access to such metering equipment at all reasonable times for inspection and examination, but the reading, calibration, and adjustment thereof shall be done only by employees or agents of the Authority in the presence of a representative of the City if requested by the City. All readings of meters will be entered upon proper books of record maintained by the Authori- ty. Upon written request the City may have access to said record books during reasonable business hours. 12 Section 6. UNIT OF MEASUREMENT. Wastewater discharged into the Interceptor System shall be measured in gallons, U. S. Standard Liquid Measure. Section 7. LIABILITY FOR DAMAGES AND RESPONSIBILITY FOR WASTEWATER. Liability for damages arising from the transporta- tion, delivery, reception, treatment, and/or disposal of all Wastewater discharged into the Interceptor System hereunder shall remain in the City to its Point or Points of discharge into the Interceptor System, and title to such Wastewater shall be in the City to such Point or Points; and upon discharge into the Interceptor System liability for such damages shall pass to the Authority. As between the Authority and the City, each party agrees to indemnify and to save and hold the other party harmless from any and all claims, demands, causes of action, damages, losses, costs, fines, and expenses, including reason- able attorney's fees, which may arise or be asserted by anyone at any time on account of the transportation, delivery, recep- tion, treatment, and/or disposal while title to the Wastewater is in such party, or on account of a prohibited discharge by the City. Section 8. OTHER CONTRACTS. The City reserves the right to enter into contracts with any public or private entity which has a Regional Wastewater System Contract with the Authority, for the discharge of Wastewater generated within the Denton Creek drainage area and use of any part of the capacity of the 13 Interceptor System to which the City has rights and which it is not using; but for all purposes of this Amendatory Contract such Wastewater shall constitute Wastewater of the City and no such contract shall relieve the City of its primary obligation to make the payments to the Authority required under this Amendatory Contract, nor shall any party make any discharge into the Interceptor System except as permitted in a Regional Wastewater System Contract with the Authority. Section 9. FISCAL PROVISIONS; OPERATION OF INTERCEPTOR SYSTEM. Subject to the terms and provisions of this Amendatory Contract, the Authority will provide and pay for the cost of the acquisition, by purchase and construction, of the Inter- ceptor System by issuing its Bonds in amounts which will be sufficient to accomplish such purpose, and the Authority will operate and maintain the Interceptor System. It is specifical- ly understood and agreed, however, that this Amendatory Con- tract does not, and is not intended to, cover or prescribe any matters relating to the operation and maintenance of the Interceptor System by the Authority, and that all matters in connection with and governing the operation and maintenance of the Interceptor System by the Authority and the responsibility for and cost thereof are contained in the "Trinity River Authority of Texas - Denton Creek Regional Wastewater Treatment System Supplemental Contract (City of Southlake and Lake Turner Municipal Utility District No. 1) " , dated April 27, 1988, ' C- —// 14 • heretofore executed by the parties to this Amendatory Contract. It is acknowledged and agreed that payments to be made to the Authority by the City under this Amendatory Contract will be the only source available to the Authority to provide the Annual Requirement, and that each such Annual Requirement shall be paid by the City as hereinafter provided, and that the Annual Requirement for each Annual Payment Period shall at all times be not less than an amount sufficient to pay or provide for the payment of the "Bond Service Requirements" equal to: (1) the principal of, redemption premium, if any, and interest on, all Bonds, as such principal, redemption premium, if any, and interest become due, less interest to be paid out of Bond proceeds or from other sources if permitted by any Bond Resolution, and all amounts required to redeem any Bonds prior to maturity when and as provided in any Bond Resolution plus the fees, expenses, and charges of each Paying Agent/- Registrar for paying the principal of and interest on the Bonds and for authenticating, registering, and transferring Bonds on the registration books; and (2) the proportionate amount of any special, contingency, or reserve funds required to be accumulated and maintained by the provisions of 15 any Bond Resolution; and (3) any amount in addition thereto sufficient to restore any deficiency in any of such funds required to be accumulated and maintained by the provisions of any Bond Resolution. Section 10. PAYMENTS BY THE CITY. (a) In consideration for the Authority's undertakings and obligations pursuant to this Amendatory Contract, the City agrees to pay, at the time and in the manner hereinafter provided, the Annual Require- ment, which shall be determined as herein described and shall constitute the City's Annual Payment. The City shall pay the Annual Requirement for each Annual Payment Period directly to the Authority, in monthly installments, on or before the 10th day of each month of each Annual Payment Period, in accordance with the schedule of payments furnished by the Authority. (b) The Annual Requirement shall be redetermined, after consultation with the City, at any time during any Annual Payment Period, to the extent necessary if the Authority issues Bonds to complete the Interceptor System or to refund any Bonds which require an increase in the Annual Requirement; (c) All amounts due and owing to the Authority by the City shall, if not paid when due, bear interest at the rate of ten (10) percent per annum from the date when due until paid. The Authority shall, to the extent permitted by law, discontin- ue the services of the Regional Wastewater System to the City 16 if it remains delinquent in any payments due hereunder for a period of sixty days, and shall not resume such services while the City is so delinquent. However, the Authority shall pursue all legal remedies against the City to enforce and protect the rights of the Authority and the owners of the Bonds, and the City shall not be relieved of the liability to the Authority for the payment of all amounts which are due by it hereunder. If any amount due and owing by the City to the Authority is placed with an attorney for collection, the City shall pay to the Authority all actual and reasonable attorneys fees, in addition to all other payments provided for herein, including interest. (d) If, during any Annual Payment Period, the City's Annual Payment is redetermined in any manner as provided or required in this Section, the Authority will promptly furnish the City with an updated schedule of payments reflecting such redetermination. Section 11. SPECIAL PROVISIONS. (a) It is the intent of the parties that the Interceptor System will be placed in operation as soon as practicable, and the Authority agrees to proceed diligently with the design, acquisition, purchase, and construction of the Interceptor System, subject to the other terms and conditions in this Amendatory Contract. It is ex- pressly understood and agreed, however, that any obligation on the part of the Authority to acquire, purchase, construct, and 17 • complete the Interceptor System shall be (i) conditioned upon the Authority's ability to obtain all necessary land and interests therein, permits, material, labor, and equipment, and upon the ability of the Authority to finance the cost of the Interceptor System through the actual sale of the Authority's Bonds and (ii) subject to all present and future valid laws, orders, rules, and regulations of the United States of America, the State of Texas, and any regulatory body having jurisdic- tion. (b) The Authority covenants and agrees that neither the proceeds from the sale of the Bonds, nor any moneys received by it pursuant to this Amendatory Contract, nor any earnings from the investment of any of the foregoing (excepting investment earnings from the District's deposit) will be used for any purposes except those directly relating to the Series 1988 Bonds, the Interceptor System, and the Bonds as provided in this Amendatory Contract; provided that the Authority may rebate any excess arbitrage earnings from such investment earnings to the United States of America in order to prevent any Bonds from becoming "arbitrage bonds" within the meaning of the IRS Code of 1986 or any amendments thereto in effect on the date of issue of such Bonds. The City covenants and agrees that it will not use or permit the use of the Interceptor System in any manner that would cause the interest on any of the Bonds to be or become subject to federal income taxation /D —/3 under the IRS Code of 1986 or any amendments thereto in effect on the date of issue of such Bonds. Section 12 . INSTALLMENT SALE; SOURCE OF PAYMENTS. (a) In consideration of the payments made by the City under this Section, the City shall become the owner of the entire Inter- ceptor System when all of the Bonds and the interest thereon shall have been paid, or due provision shall have been made for such payment, and are no longer outstanding, and the payments made by the City under this Amendatory Contract shall consti- tute the necessary periodic or installment sale payments required to purchase the Interceptor System. (b) When all of the Bonds issued and delivered pursuant to this Amendatory Contract and the interest thereon shall have been paid, or due provision 'shall have been made for their payment, and they are no longer outstanding, then at such time all of the Authority's right, title, and interest of every nature whatsoever in and to the Interceptor System automatical- ly shall vest"'irrevöcabiy in"the City, without the necessity of the execution of any conveyance by the Authority, and such transaction shall result in the automatic sale and delivery of the Interceptor System by the Authority to the City and the vesting of title to the Interceptor System in the City in consideration for the agreement of the City to perform its obligations and make the payments and indemnities required under this Amendatory Contract. If requested in writing by the 19 ' City, acting by and through the Mayor of the City, the Authori- ty will execute and deliver to the City appropriate instru- ments, including quitclaim deeds, if requested, acknowledging that such sale, delivery, and vesting of title has occurred, but such instruments shall not be necessary to effect the automatic sale, delivery, and vesting of title, which shall occur as described above. The sale and delivery of the Inter- ceptor System and vesting of title in the City upon the afore- said conditions are deemed appropriate and necessary by the - Authority, and are made in conformity with the Authority Act, Chapter 30, Texas Water Code, Section 12 of the District Act, and Section 402 . 014 , Local Government Code. Until the Bonds are so retired all right, title, and interest in and to the Interceptor System shall be in the Authority, and after the Bonds are so retired, with the resulting sale, delivery, and vesting of title in the City, the Authority shall not own or have any title to the Interceptor System. (c) All payments to be made by the City under this Amendatory Contract shall be payable from and secured by pledges of surplus revenues of the City's combined waterworks and sewer system and City ad valorem taxes, all as authorized by Section 402 .014, Local Government Code, and in the manner hereinafter provided. (d) Payments, including indemnities, required to be made by the City under this Amendatory Contract shall be made from /0 -0 /1( 20 the surplus revenues of the City's combined waterworks and sewer system remaining after paying all expenses of operation and maintenance of said system and after paying all debt service, reserve, and other requirements in connection with the City's bonds and other obligations, now or hereafter outstand- ing, which are payable from the revenues of the City's water- works and sewer system; and said surplus revenues are hereby pledged to making such payments required under this Amendatory Contract. However, if said surplus revenues should not be available or sufficient at any time for making such payments, or any necessary part thereof, required under this Amendatory Contract, then, to the extent required, such payments shall be made from the City's General Fund and the City's ad valorem taxes, all as hereinafter provided. The City shall make provision in each annual City Budget for the payment of all amounts required to be paid by the City under this Amendatory Contract. In preparing the budget the City may take into consideration the estimated surplus revenues of the City's combined waterworks and sewer system to be remaining after paying all expenses of operation and maintenance of said System and after paying all debt service, reserve, and other require- ments in connection with the City's bonds and other obliga- tions, now or hereafter outstanding, which are payable from the revenues of the City'.s waterworks and sewer system; and the City hereby covenants and agrees that it will fix, charge, and 21 • collect rates for water and sewer services of said System in such amounts as will produce surplus revenues as aforesaid sufficient to provide for making all payments, including indem- nities, required to be made by the City under this Amendatory Contract. However, to the extent that such surplus revenues are not available at any time to make such payments, then the City's ad valorem taxes in the City's General Fund shall be used to make such payments, and the proceeds of an annual ad valorem tax are hereby pledged for such payments to the extent so required, in accordance with Section 402 . 014, Local Govern- ment Code. During the current year, and during each year hereafter, the governing body of the City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money necessary to make all or any necessary part of such payments, including indemnities, required to be made by the City under this Amendatory Contract, and in every year said tax -shall-. be sufficient to create a sinking fund of at least 2% as required by Article 11, Section 5 of the Texas Constitution. Said rate and amount of ad valorem tax is hereby pledged to such payments, to the extent so required, and it shall be assessed, levied, and collected against all taxable property in the City for each such year. Reference is hereby made to the Ordinance passed by the govern- ing body of the City which authorizes the execution of this /0 -/r Amendatory Contract and also levies the tax, and orders the levying of the tax, as required by this Section. Section 13. FORCE MAJEURE. If by reason of force majeure any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Amendatory Contract, other than the obligation of the City to make the payments required under this Amendatory Contract, then if such party shall give notice and full particulars of such force majeure in writing to the other parties within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the 'United States or the State of Texas, or any Civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurri- canes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply, or on account of any 23 other causes not reasonably within the control of the party claiming such inability. Section 14. UNCONDITIONAL OBLIGATION TO MAKE PAYMENTS. Recognizing the fact that the City urgently requires the facilities and services of the Interceptor System, and that such facilities and services are essential and necessary for actual use and for standby purposes, and recognizing the fact that the Authority will use payments received from the City to pay and secure its Bonds, it is hereby agreed that the City shall be unconditionally obligated to pay, without offset or counterclaim, its payments under this Amendatory Contract regardless of whether or not the Authority actually acquires, constructs, or completes the Interceptor System or whether or not the Interceptor System is actually being operated or providing services to the City, or whether or not the City actually uses the Interceptor System whether due to Force Majeure or any other reason whatsoever, regardless of any other provisions of this or any other contract or agreement between the parties hereto. This covenant by the City shall be for the benefit of and enforceable by the holders of the Bonds and/or the Authority. Section 15. ADVISORY COMMITTEE. (a) The governing body of the City annually shall appoint two persons, each of whom must be either a member of such governing body or an employee of the City, as voting members of an Advisory Committee for the /a�/6 24 Interceptor System, which Advisory Committee is hereby created and established. The Advisory Committee may establish bylaws governing the election of officers, meeting dates, and other matters pertinent to the functioning of the Advisory Committee. The Advisory Committee shall consult with and advise the Authority, through its General Manager or his designated representative, with regard to the following matters pertaining to the Interceptor System: (i) The issuance of Bonds; (ii) The operation and maintenance of the Interceptor System; (iii) Contracts for services to entities which are not Contracting Parties; and (iv) All other pertinent matters relating to the management of the Interceptor System. The Advisory Committee shall have access to and may inspect at any reasonable times all physical elements of the Interceptor System and all records and accounts of the Authority pertaining to the Interceptor System. A copy of the minutes of the meetings of the Advisory Committee and all other pertinent data, shall be provided to the members of the Advisory Commit- tee if they so direct. (b.) The term of membership on the Advisory Committee shall be at the pleasure of the governing body of the City, and each member shall serve until replaced by such governing body. 25 Section 16. EFFECTIVE DATE AND TERM OF CONTRACT; CASH PAYMENT BY DISTRICT; REFUNDING OF SERIES 1988 BONDS; MODIFI- CATION; NOTICES; STATE OR FEDERAL LAWS, RULES, ORDERS, OR REGULATIONS. (a) Upon its execution by the City, the Dis- trict, and the Authority, this Amendatory Contract shall be effective on and from the Amendatory Contract Date, and contin- ue to be effective subject to the following conditions: (1) the payment by the District to the Authority---of- the amount as described in subsection (b) , below, and (2) the delivery of the Trinity River Authority of Texas Denton Creek Wastewater Pressure Interceptor System Revenue Bonds, Series 1990 (the "Series 1990 Bonds") as described in subsection (c) below. (b) It is agreed between the parties hereto that in consideration of the release and discharge of the District from all of its obligations and liabilities in connection with the interceptor facilities and the Series 1988 Bonds as provided for in the original Contract, such release to be effective upon compliance with the conditions described in subsections (a) , (b) , and (c) of this Section 16, the District shall pay to the Authority the sum of $430,795.00, to be used by the Authority to redeem and discharge part of the Series 1988 Bonds. It is agreed, and is a condition to the continuing effectiveness of this Amendatory Contract, that such sum must be deposited by the District, in immediately available funds to the Authority, to the credit of the Authority at its depository bank, being /O'/, 26 Texas Commerce Bank-Arlington, Arlington, Texas, not later than 2:00 p.m. , local time, on June 25, 1990. Said sum shall be held and accounted for separately from other funds and accounts of the Authority and shall be invested by the Authority in short term direct obligations of the United States of America until deposited with the Paying Agent/Registrar for the Series 1988 Bonds for the purpose of redeeming and discharging part of the Series 1988 Bonds. If the conditions stated in subsections (a) , (b) , and (c) of this Section 16 are met and satisfied, the Authority promptly shall deliver to the District all investment earnings derived from the investment of said sum, but shall retain the principal amount of said sum to be used to redeem and discharge part of the Series 1988 Bonds as provided above. (c) If the payment by the District required by subsection (b) , above, is made, it is agreed and understood that at the regular meeting of the Board of Directors of the Authority to be held on June 27, 1990, the Authority will cause the execu- tion of this Amendatory Contract and will use its best efforts to sell and authorize the issuance and delivery of an issue of bonds to be entitled Trinity River Authority of Texas Denton Creek Wastewater Pressure Interceptor System Revenue Bonds, Series 1990, in an amount sufficient to refund, defease, and discharge all of the outstanding Series 1988 Bonds which are not being redeemed and discharged from other available funds, and to provide an additional amount to pay part of the cost of 27 the Interceptor System, and to provide for other amounts, all as provided in this Amendatory Contract, with said Series 1990 Bonds to be secured by and payable solely from amounts derived pursuant to this Amendatory Contract and the payments to be made hereunder solely by the City. The proceedings authorizing the Series 1990 Bonds will provide and require that, immediate- ly upon delivery thereof, proceeds from the sale of said Series 1990 Bonds and other available funds will be used to refund, defease, and discharge all of the Series 1988 Bonds, so that they will no longer be payable from or secured by payments under the original Contract or any payments due by the Dis- trict. It is agreed, and is a condition to the continuing effectiveness of this Amendatory Contract, that the Series 1990 Bonds shall be delivered and paid for, and that the Series 1988 Bonds shall be refunded, defeased, and discharged effective on or before August 1, 1990. It is further specifically covenanted and agreed, notwithstanding any other provisions of this Amendatory Contract, that all remaining Authority funds which were derived from the Series 1988 Bonds shall be used either to redeem and discharge the Series 1988 Bonds, and/or in connection with the Series 1990 Bonds, and/or in payment of part of the cost of acquiring the Interceptor System under this Amendatory Contract. (d) It is agreed that if the foregoing conditions stated in subsections (a) , (b) , and (c) , above, are met and satisfied /0 -/" 28 in accordance with their terms, then this Amendatory Contract shall continue in force and effect until the principal of and interest on all Bonds shall have been paid; provided that the Interceptor System shall continue to be operated and maintained by the Authority pursuant to the provisions of the Regional Wastewater System Contracts during the entire useful life of the Interceptor System. However, if any one of said conditions is not so met and satisfied, then, notwithstanding any other provisions hereof, this Amendatory Contract thereafter shall be null and void in its entirety as to all parties hereto, and it shall be of no force nor effect, except that the Authority promptly shall return to the District the full sum advanced pursuant to Section 16 (b) hereof, together with all investment earnings thereon. It is further agreed and provided that in the event this Amendatory Contract should so become null and void, the original Contract shall be and remain in full force and effect, and the rights of the owners of the Series 1988 Bonds shall not be impaired or affected by the proceeding with respect to this Amendatory Contract. (e) Modification. No change, amendment, or modification of this Amendatory Contract shall be made or be effective which will affect adversely the prompt payment when due of all moneys required to be paid by the City under the terms of this Amendatory Contract and no such change, amendment, or modifica- tion shall be made or be effective which would cause a 29 • • violation of any provisions of any Bond Resolution hereafter adopted. (f) Addresses and Notice. Unless otherwise provided herein, any notice, communication, request, reply, or advice (herein severally and collectively, for convenience, called "Notice") herein provided or permitted to be given, made, or accepted by any party to any other party must be in writing and may be given or be served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party, or by prepaid telegram when appropriate, addressed to the party to be notified. Notice deposited in the mail in the manner herein- above described shall be conclusively deemed to be effective, unless otherwise stated herein, from and after the expiration of three days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties shall, until changed as hereinafter provided, be as follows: If to the Authority, to: Trinity River Authority of Texas 5300 S. Collins P. 0. Box 240 Arlington, Texas 76018 If to the Contracting Parties, as follows: !a— 7 30 • C City of Southlake 667 W. Carroll Avenue Southlake, Texas 76092 Lake Turner Municipal Utility District No. 1 c/o Suite 800 8300 Douglas Avenue Dallas, Texas 75225 The parties hereto shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify as its address any other address by at least fifteen (15) days' written notice to the other parties hereto. (g) State or Federal Laws. Rules, Orders, or Regulations. This Amendatory Contract is subject to all applicable Federal and State laws and any applicable permits, ordinances, rules, orders, and regulations of any local, state, or federal govern- mental authority having or asserting jurisdiction, but nothing contained herein shall be construed as a waiver of any right to question or contest any such law, ordinance, order, rule, or regulation in any forum having jurisdiction. Section 17. SEVERABILITY. The parties hereto specifical- ly agree that in case any one or more of the sections, subsec- tions, provisions, clauses, or words of this Amendatory Con- tract or the application of such sections, subsections, provi- sions, clauses, or words to any situation or circumstance should be, or should be held to be, for any reason, invalid or unconstitutional, under the laws or constitutions of the State of Texas or the United States of America, or in contravention 31 of any such laws or constitutions, such invalidity, unconstitu- tionality, or contravention shall not affect any other sec- tions, subsections, provisions, clauses, or words of this Amendatory Contract or the application of such sections, subsections, provisions, clauses, or words to any other situa- tion or circumstance, and it is intended that this Amendatory Contract shall be severable and shall be construed and applied as if any such invalid or unconstitutional section, subsection, provision, clause, or word had not been included herein, and the rights and obligations of the parties hereto shall be construed and remain in force accordingly. Section 18. REMEDIES UPON DEFAULT. It is not intended hereby to specify (and this Amendatory Contract shall not be considered as specifying) an exclusive remedy for any default, but all such other remedies (other than termination) existing at law or in equity may be availed of by any party hereto and shall be cumulative. Recognizing however, that the Authority's undertaking to provide and maintain the services of the Inter- ceptor System is an obligation, failure in the performance of which cannot be adequately compensated in money damages alone, the Authority agrees, in the event of any default on its part, that the City shall have available to it the equitable remedy of mandamus and specific performance in addition to any other legal or equitable remedies (other than termination) which may also be available. Recognizing that failure in the performance a� 32 / p .. • of the City's obligations hereunder could not be adequately compensated in money damages alone, the City agrees in the event of any default on its part that the Authority shall have available to it the equitable remedy of mandamus and specific performance in addition to any other legal or equitable reme- dies (other than termination) which may also be available to the Authority. Notwithstanding anything to the contrary contained in this Amendatory Contract, any right or remedy or any default hereunder, except the right of the Authority to receive the payments from the City, which right shall never be determined to be waived, shall be deemed to be conclusively waived unless asserted by a proper proceeding at law or in equity within two (2) years plus one (1) day after the occur- rence of such default. No waiver or waivers of any breach or default (or any breaches or defaults) by any party hereto or of performance by any other party of any duty or obligation hereunder shall be deemed a waiver thereof in the future, nor shall any such waiver or waivers be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, charac- ter, or description, under any circumstances. Section 19. VENUE. All amounts due under this Amendatory Contract, including, but not limited to, payments due under this Amendatory Contract or damages for the breach of this Amendatory Contract, shall be paid and be due in Tarrant County, Texas, which is the County in which the principal 33 administrative offices of the Authority are located. It is specifically agreed among the parties to this Amendatory Contract that Tarrant County, Texas, is the place of perfor- mance of this Amendatory Contract; and in the event that any legal proceeding is brought to enforce this Amendatory Contract or any provision hereof, the same shall be brought in Tarrant County, Texas. IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Amendatory Contract to be duly executed in several counter- parts, each of which shall constitute an original, all as of the day and year first above written, which is the date of this Amendatory Contract. TRINITY RIVER AUTHORITY OF TEXAS BY General Manager ATTEST: Secretary, Board of Directors (AUTHORITY SEAL) CITY OF SOUTHLAKE, TEXAS BY Mayor Lb --47/ 34 ATTEST: City Secretary (CITY SEAL) LAKE TURNER MUNICIPAL UTILITY DISTRICT NO. 1 OF TARRANT COUNTY AND DENTON COUNTY, TEXAS BY President, Board of Directors ATTEST: Secretary, Board of Directors (DISTRICT SEAL) " 35 //Fr CITY OF SOUTHLAKE, TEXAS /�� ' ORDINANCE NO. 480-23 AN ORDINANCE AMENDING ORDINANCE NO. 480 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A 1 CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A \ 14 . 614 ACRE TRACT OF LAND OUT OF THE W.W. HALL SURVEY, ABSTRACT NO. 695 , TRACT 6 , AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO SINGLE FAMILY-20A 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 i 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 cting under its Charter adopted by the electorate pursuant to .rticle 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 sly 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- 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 14 . 614 acre tract of land out of the W.W. Hall Survey, Abstract No. 695 , Tract 6 , as more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From Agricultural District to Single Family-20A. 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 :omprehensive 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 .scribed herein shall be declared to be invalid, the same shall Dt affect the validity of the zoning of the balance of said tract or tracts of land described herein. //- 7 -3- 111 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. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1990 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: -4- p rive Z ko MEMORANDUM June 11, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Existing Impact Fees On June 19, 1990 , the Oak Hill Estates Subdivision will have their final plat approved by the City Council. In order to charge home builders of this subdivision a water and sewer impact fee without waiting a year, the existing impact fees need to be reinstated. If it is determined that the City would like to take advantage of these fees, please place this item on the City Council' s June 19 , 1990 agenda prior to the final plat approval of Oak Hill Estates. MHB/ew /z -/ I/1r LuING . BARRETT TEL : 817-560-3953 Jun 15 ,90 16 :39 No .013 P .02 RESOLUTION NO. A RESOLUTION OP THE CITY OF SOUTHLAKE, TEXAS, REVOKING A TEMPORARY SUSPENSION OF IMPACT FEES AND REINSTATING SAME UNDER ORDINANCE NO. 330; AND DECLARING AN EFFECTIVE DATE. WH EAS, the City of Southlake heretofore adopted Ordinance No. 330 on June 21, 1986, providing for the assessment and collection of impact fees for water, sanitary sewer and road and thoroughfare improvements; and WHEREAS, on June 21, 1988, the City Council of the City of Southlake adopted Resolution No. 88-61, temporarily suspending all impact fee charges under Ordinance No. 330 pending review by the City of the reasonableness of such rates in accordance with the intent of Chapter 395 of the Texas Local Government Code; and WHEREAS, the City Manager has now conducted a review of said impact fees and, based upon reported findings, the City Council has determined that the fees for water and sanitary sewer are reasonable and just in accordance with the criteria established under Chapter 395 of the Texas Local Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION a. That the impact fees established under Ordinance No. 330 for water system and sanitary sewer system improvements are hereby immediately reinstated and shall be in full force and effect under the terms of Ordinance No. 330. The temporary suspension of road and thoroughfare impact fees shall not be affected by this l,0 - -) F..-,.r _ ,r�;"BAR RE T TEL : 817-560-3953 Jun 15 .90 16 :39 No .013 P .03 Resolution and said fees shall remain suspended in accordance with Resolution No. 88-61. SECTION 2 This Resolution shall be in full force and effect from and after its passage. PASSED, APPROVED AND EFFECTIVE THIS 19TH DAY OP aUNE, 1990. GARY FICKES, MAYOR ATTEST: SANDRA LEGRAND CITY SECRETARY • APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: ' \alake\ree.06 •2- /c,2 ^ 3 //ir CITY OF SOUTHLAKE, TEXAS RESOLUTION NO. 88-61 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR A TEMPORARY SUSPENSION OF IMPACT FEE CHARGES UNDER ORDINANCE NO. 330 OF THE CITY PENDING REVIEW OF SUCH CHARGES IN ACCORDANCE WITH RECENT LEGISLATION RELATING TO CAPITAL IMPACT FEES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas (the "City" ) , is authorized to collect certain impact fees pursuant to the City' s Ordinance No. 330, adopted June 21, 1986; and WHEREAS, on June 20, 1987, the legislature of the State of Texas adopted S.B. •336, recorded at Ch. 975, §1, 1987, Tex. Sess. Serv. 6519 (Vernon) , which provides, in part, that all capital impact fee ordinances in effect prior to June 20, 1987, are grandfathered and may remain in effect for a period of three (3) years from June 20, 1987, subject to a review of the amount of the rates charged after one (1) year from June 20, 1987; and WHEREAS, it is the intention of the City Council at this time to temporarily suspend all impact fee charges under Ordinance No. 330, pending review by the City of the charges under such ordinance in accordance with S.B. 336 and pending further action of the Council . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That all of the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. That all impact fee charges under Ordinance No. 330 are hereby temporarily suspended pending review by the City of such charges in accordance with S .B. 336 and pending further action of this Council . Section 3 . That the City Manager is hereby directed to immediately institute such review as he deems necessary in order to determine whether the impact fee charges under Ordinance No. 330 are within, or not exceeding by more than ten percent (10%) , the amount of fees that could be charged in accordance with S.B. 336 . Upon completion of such review, the City Manager is directed to report the findings thereof to the City Council . 0280a/6 V .4 Section 4 . That this Resolution shall be in full force , and effect from and after its passage. PASSED, APPROVED AND EFFEC , r ' s h- - , • - a of June, 1988 . Ai 4/ ,I/Of IIre ,_,t I iv/ dw Ma •r, ty if Southlake, Texas ATTEST: - 46 - Ci i+1 cretary, •��,Q 1 fNVuthlake, Texas r :--• r \:\ vi ci • iiii • • —2- 0 2 8 0 a/7 ORDINANCE NO. 330 An Ordinance of the City of Southlake, Texas, establishing fees to be paid as a result of the impact of new developement and construction upon water and streets in such city and the impact of such new development necessitating the future construction of a sewer system, establishing a requirement for time of payment; providing for certain exemptions ; establishing funds for the deposit of fees collected pursuant to this ordinance; providing for injunctive action upon violation of said ordinance; providing for an effective date; containing a severability clause and containing a savings clause ; and providing for publication. WHEREAS, the City of Southlake, Texas , is experiencing rapid development of its undeveloped and unimproved land into residential, commericial and industrial uses; and WHEREAS, such existing and future development and improvement of such land is greatly impacting the existing streets , roads and thoroughfares of such city in a manner that such development and improvement is now necessitating and will continue to necessitate epairs and expansion of such roads, streets and thoroughfares to -ccomodate the increased traffic directly and indirectly resulting from the improvement of unimproved land and the population increases resulting therefrom; and WHEREAS , such existing and future developement and improvement of land is impacting, and will continue to impact, the existing water system in a manner that such growth in construction and improvement will require an upgrading and sizing of the existing water mains , delivery system, and towers and will require the construction of new mains, delivery system and towers to provide and maintain sufficient distribution facilities and to provide and maintain a satisfactory water supply which is being and will continue to be diminished as a result of the impact of such developement and improvement of unimproved land and as a result of the population increases resulting therefrom; and WHEREAS, such presently existing and future development of land is necessitating the planning and future construction of a sanitary sewer system to provide for effective means of disposing of effluent and waste which will no longer be able to be adequately disposed of through septic tanks; and WHEREAS, the City Council of such city is of the opinion that as a result of such impact, all future improvement of land in Southlake ;hall contribute to the costs to be incurred by the City of Southlake and the citizens living in such city at the present time and who have • incurred the expenses of the current facilities for past improvements to Sout.hlake ' s water system and roads , streets and thoroughfares, and who are and will be paying for the undertaking of a sanitary sewer system for such City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS THAT: Section (1 )- Water System Impact Fee-Upon application being made for water service and the installation of a water meter for any tract, lot or parcel of land to which no water service has been provided previously, and which is located in the water service area of the City of Southlake Municipal Water System, there shall be charged to and collected from such applicant as a condition to the providing of such requested water service, a one time fee per lot, tract or parcel, for the availability of water to such lot; tract or parcel, in addition to and not in lieu of any other applicable fees, which said "availability fee" shall be in an amount as set forth below and as may from time to time hereafter be amended, based upon the use classification of the subject property: A. Water Service to a lot, tract or parcel of land zoned for agricultural or residen- tial use, including mobile home/modular home use--$500 . 00 per each residential dwelling structure to which water is supplied. B. Water Service to a lot, tract or parcel of land zoned for commerical, industrial or retail use or any use not classified in a zoning district as agricultural or residential --$500. 00 per gross acre of lot, tract or parcel of land to which the water service is furnished. Section (2 )-Water System Improvement Fund- All funds collected by the City of Southlake pursuant to Section 1 above shall be placed into a special fund and account to be kept separate from all other funds of the City and said account shall be entitled the "City of Southlake-Water System Improvement Fund" and all funds therein shall be used solely for capital improvements , including studies and engineering thereof, to the water system, with expenditures from such fund to be made at such times and in such amounts as designated from time to time by the City Council by resolution. Section (3)-Arterial and Thoroughfare Street and Road Impact Fee-Upon application being made for a building permit for any tract, lot or parcel of land located within the City of Southlake, there shall be collected from the applicant for such building permit, prior o the issuance thereof, a fee for the availability of arterial and ,horoughfare roads and streets within the City of Southlake and for the impact of such construction thereon and for use and access thereof to such lot, tract or parcel, which fee shall be in addition to and not in lieu of any other applicable fees , and which fee shall be as set forth below based upon classification of use, provided however that a road and street availability fee shall only be collected in connection with any lot, tract or parcel one time, except as otherwise provided herein for subdivisions of land occurring after the effective date of this ordinance. A. Per Building Permit issued for each residential dwelling structure located upon a lot, tract or parcel of land zoned for any residential use-$1000 . 00 B. Per Building Permit issued for construction of improvements upon any land zoned for commercial, industrial or retail use or any use not classified in a zoning district as agricultural or residential-$1000 . 00 per gross acre of the lot, tract or parcel upon which the improvement to be constructed will be located. Section ( 4 )- Road and Thoroughfare Improvement Fund- All funds :ollected by the City of Southlake pursuant to Section 3 above shall )e placed into a special fund and account to be kept separate from all other funds of the city with said account to be entitled the "City of Scuthlake-Street, Road and Thoroughfare Improvement Fund" and all funds therein shall be used solely for capital improvements to existing arterial roads, streets and thoroughfares and for the construction of new arterial streets, roads and thoroughfares in such City at such time and in such amounts as designated from time to time by the City Council by Resolution. The term "capital improvements" as used in this section shall include studies and engineering costs associated with such "capital improvements. Section (5 )- Sanitary Sewer System Impact Fee- Upon application being made for a building permit for any tract, lot or parcel of land located within the City of Southlake, there shall be collected from the applicant for such building permit, prior to the issuance thereof, a fee for the impact of such construction upon the necessity for such City to create and construct a sanitary sewer system and for the future availability of same and for the future use and access of same by such lot and structure erected thereon, which fee shall be in addition to and not in lieu of any other applicable fees, and which fee shall be as set forth below based upon classification of use, provided however that a sanitary sewer system impact fee shall only be collected in connection with any lot, tract or parcel one time, except as otherwise provided herein for ubdivisions of land occurring after the effective date of this ordinance. • A. Per Building Permit issued for each residential dwelling structure to be located upon a lot, tract or parcel zoned for any residential use - $500 . 00 B. Per Building Permit issued for construction of improvements upon any lot, tract or parcel or land zoned for commerical, industrial or retail use or any use not classified in a zoning district as agricultural or residential 500 . 00 per gross acre of the lot tract or parcel upon which the improvement to be constructed will be located. Section 6-Sanitary Sewer System Fund- All funds collected by the City of Southlake pursuant to Section 5 above shall be placed into a special fund and account to be kept separate from all other funds of the City with said account to be entitled the "City of Southlake-Sanitary Sewer Fund" and all funds therein shall be used solely for creation, study, development and construction of a sanitary sewer system for the City of Southlake, with expenditures from such fund to be made at such time and in such amounts as designated from time to time by the City Council by resolution. Section 7-Subdivided Tracts- Upon the subdividing of any tract or parcel of land into two or more tracts for which a final plat approval is received or which subdivision otherwise occurs subsequent to the effective date of this ordinance such tracts , parcels or lots created as a result of such subdividing, by plat or otherwise, shall be treated as new and distinct lots , tracts cr parcels for the purposes of this ordinance and the fees imposed hereunder and any fee previously paid pursuant to this ordinance in connection with water service or building permits for the original tract prior to such subdividing shall be allocated, at the direction of the subdivider, to any one lot, tract or parcel created by such subdivision of land, or, to the remaining portion, if any, of the original lot, tract or parcel from which such subdivision occurs, and all other remaining lots, tracts or parcels resulting from such subdividing shall be subject to the fees required under this ordinance for water availability, for streets, roads and thoroughfares, and for sanitary sewer system impact. Section ( 8 )-Grandfather Rights-Existing Water Service- It is not intended and this ordinance shall not be interpreted to require the payment of any water availability fee for any lot, tract or parcel of land or structure located thereon to which water service is being furnished on the effective date of this ordinance, except as may be required as a result of the subdivision of such lot, tract, or parcel subsequent to the effective date of this ordinance. It is further intended and so ordained that once a fee has been collected for water availability to a particular tract, lot or parcel of land, except as to future subdivisions of said lot, tract or parcel of • f • land, there shall be no future charge or collection of a water availability fee to such lot, tract or parcel, regardless of change of water service or customers unless the zoning use classification of such lot, tract or parcel changes to a use that would otherwise require a fee greater than that already collected. Section ( 9)-Effective Date-Building Permits- (a) This Ordinance is to apply to and be effective as to any building permit application for construction of improvements upon a lot,tract or parcel of land zoned for agricultural, residential, or mobile home/modular home use, not granted or approved as of the effective date of this ordinance. (b) This ordinance is to apply to and be effective as to anybuilding permit application for construction of improvements upon a lot, tract or parcel of land zoned for light commerical, heavy commercial, neighborhood community service commercial, or heavy commercial uses or for any use other than for residential purposes, not granted or approved for issuance as of the sixty-first day from and after the date that this ordinance was passed and adopted. Section (10 )-Legal Remedies- Upon a majority vote of the City Council by Resolution instructing the City Attorney for the City of Southlake to seek injunctive or other relief, any violation of this ordinance may be remedied by injunctive action or by suit for :ollection of the particular fee to be collected. Section (11 )- Effective Date- Generally- This ordinance shall be and become effective from and after its passage and publication as required by law, except that implementation of fees to be collected pursuant to this Ordinance shall commence as set forth in Section 9 above. Section (12 )- Severability Clause- Should any section, subsection, clause or paragraph of this ordinance be declared or determined to be invalid or unconstitutional, then it is the intent of the City Council of the City of Southlake, that such invalidity or unconstitutionality shall not affect the remaining portion or portions of this ordinance, and such remaining portion or portions of this ordinance would have been passed and adopted notwithstanding the invalidity or unconstitutionality of the other portion or portions. Section (13 )-Non-Cumulative Effect Of Ordinance- This ordinance shall be in addition to and not cumulative of any other ordinances of the City of Southlake establishing fees of any nature and this ordinance shall not be intended to, and it shall not, repeal any such prior ordinance. All fees calculated, charged and collected pursuant to this Ordinance are and shallbe in addition to andnot in lieu of xnyo ther fees collected bythe City of Southlake pursuant to other Drdinances. t ; 4 • PASSED AND ADOPTED this 21st day of June, 1986, by a vote of 5 ayes, and 0 nays, and 0 abstaining. L]loy p. a a, Jr. , yor ity Sod hlake, Texas \ Atlrst: AatA 'Sandra LeGrand City Secretary Aproved as to form: William H. Smith City Attorney 1. City of Southlake,Texas MEMORANDUM June 11 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-26 Development Site Plan ZA 90-26 is a Development Site Plan for Timber Lake, Phase 2, 156.7173 acres out of the P.J. Hyde Survey, Abstract No. 667, and the James Thornhill Survey, Abstract No. 1505. The property is located North of West Continental Blvd. , West of South White Chapel Blvd. and East of Southlake Hills Estates. The current zoning is Planned Unit Development for residential purposes. Phase 2 will include 270 lots, 266 units with 1 .7 units per acre. The developer proposes 26 . 4 acres of open space which is 16 . 8% of the total acreage. This phase should be completed in 1991 . On May 17 , 1990 , the Planning and Zoning Commission recommended approval (5-1) as submitted with the addition of a temporary entrance to Continental Blvd. from Briar Hollow Lane until the West stub-out is built and subject to Cheatham' s letter (items 1 & 2) dated May 9, 1990. On June 5, 1990 , the City Council approved (4-0) the applicant' s request to table until June 19, 1990. UD KPG/ew 13 .. 1 ��''f{itiii \, . ' ''x two ♦.. i. i�r -' �C• �' \ 1 ►"to seq. • ►:pi ', , „ik,„:, �t1j .j,„, d �q�$ ��»^ri nxswnsl �►f. •t Li._--- 'sS '�Q.3r'� 1 �' :t'� la to.: r ii+ txl �.""`" ..-y 5ii r rnxt 3' - °o hi�' �`i�" A;� _ _l�,10t�a"`� 1, ��11 ^^.. A 'tea 1'"'s . itts IN l •/ c.jaittrituou Mr-'..� • ��ty� .�.r,,... AZ k Imo �;�� ti: Vilkwt o '.1\ j qnt strnMw ..-- it i ,sri „�. p nrtr; 1•- ...- r 4,-- G ` e1 11'IS VI r' � z iti tsf.....L3 .:-::,.......----T—..., ri It .� • \\A pray rt•'tMa �i a ' 1 4 is "..."""iir t.) \ .•• . at ,,, . saii!,,1 71 \ "~ j to is r +` 6. . ` W rrrtr\nM • 1..• 111 �� a Q ..r two • ai'SI\ti I10101 "Z.-9A 6.-41 0411$ Illi ...•••• .T rt► twit • / Z1!11 { \It O ''1�MIAt\ ifp To A-1 ti. 1 st$,...\ ' M 16t IZ hN/1� • t,t ��iti . •�I `r�►rat t+r► ,... i �i tlst� �..__._., `. 1��t i rttro '`►iiso goo°.!,•+1 It, G �" • ♦' " �. .,_,,, 1►�/..4..0 'n"'l.�►r. f ' �•\ {«{x 4• � ��it 1' y.r��+►!,.y1N W M M V .ii Q... asilis.457:. 11;1110. -I' Ati 1 iV 1 I'*%* el ‘4i.11 t.., %1 S 15 It vee t AO I ' ' .1 ' 1''. ' tin ;to,. ‘ oi io, ... 3100 li Sr. V r i%v. ` luLina�:: M Q to ►rtr rrt ..•. � w if o' A r m 1.14.1\ d — �t ► $� t.) . .44 ... s' \,...••• •••-' '''". . 1 ‘ . I • 1, 1010.1311 • • ..ipZilir 'So. ........-- ...41. two,Amosairot • i 0 " 1\ 6 .. . , vii ob.. 1.1 .. . • i!► u------- • r 1st Nat Bank GV Clrs Southlake Four Investtaent ( r 11 d� I ,:_. I I AG AGe r. ...j i. AI: - . _ --------- 1Tos--- Whyl an. AG - , - 'AGOpr , I.Y 1.. - Morris I \\ j i AG . vK ' `� ( � ennedy • A.C. Stone / L AG . 1 / •oq E 81 IA i • M... IL ma K ' 1 Ye ad J/ U,95UP E� Y 1 II ! 'V I I 1 I 1 'IS'S I AG ( 1 / A-255 ��A.C. StoneI r' _ -' • � � `'..., I `.�� �.ttU�S % AG 1 ? �/A. A . i i ' ' , e • 11 I ■.m. TM.■ ,�-� LW,■ 1 . • Morrison ( ( Casper - AG ■.nK AG ' George Howard A. •~ w e� -1 1_ ..... ! 1 AG r.aK 1 ILL - -17.Ns. - 1.;�' Y 1 Up4 5 White., \\ f Sp B I SCA AC n. ..■r \��, F. Verrnis AG 1 � f e AG A. .K 1 I • Q I Mi11S - I A. • - y i trILL „T.K ...K r AG 5UP 5p5 o {AC. r q\ 5v6� __ QSbI�`Il I . 6 ;iv n w • i I A,a pradfey. t.:K ,.I.I A f : Bell ^AL I,vs rl_K A. R.Jackson VA MA i.K AG I , nw- ' n,r - --' nm c..r .mK A nm , ,.m K l ■.:K I ■.c -- M ler •"-C I ": AC - /� w I ��-- -—�--- - ------ ---- ------- -+Esa-co$EN1 L a.► area.- ---- ig a r Howe_} - - • " ,' MIN . SF-1 Charles Young • Mekon, Inc. .. SF-20 A. _ SF-20 A "�$ 1 - .. 5 r 1 n . so. ., Q. 1 j 3 3 . J.B.MILEY A.'NYY.ASST.II . \ TIMBER LAKE ' I `; '.. . • • Mac/ SEC TjON -1/ \ • .y Mar y ;� __I( ,•ifi,,, ,1 ).:I. ,,i;-- 1 .-.N-:,-- .‘,,,_44- _------- ..:-. ' '--;‘ ./.:%Pi' - n.=_,. 11*-- ---imps a 1 , :- .: \-sisli -,,-.,- f .:.1?:' '1 - it:. ' -'-'i 1 1 , . ._, AC lb. it , - 1 ' : ...' If 0 • - I .L.,•,/---------1 .--• liriiiit ll"..i. r • 1itiLtii, 0 . ,1 bigi I I 1 (' i . lik,„j 1 P a 11' I 4 ...� -7. '41 c •-------1'----.._ . .•/ A ----- 4...' - .. \ I, ,„,- ,i 1. 711,, mr...,_-_'• _ -.-- 14- - --.7.--•• ,.N - • . . \ \\ i r , ,, . . _ I •� !i" ? ,--._ - icy, : .� ,, �► f/ � _. � / , -,,„t --_ ff: ," .,/I a•' / , . _ g 4S! * 1 . iii 4 -. ..,• .> , /'.• dah,„0• - - , ! ., ItiN Wi\ :. - • .71,\•-•, --ii• / • // .r* • t--, ;4,4 ,J 2 i , 1 c.. ,. , _ .\\,,,__,/"4 °. ,'..timitimail .... ., . . . ...,_ . . ,; ; -----•--- 1101r • ' . ' '' CI:\VIIIIII : --- \ \ \ ) \. . , • •-...4/1 \\N•••.......,0 P\N• 4.---'-10-/ ---1.‘‘(--- i ‘,,i_ 1 ivi.o,.i\1:. \. _•_..._ ).: __1(://....,:: .. )ii we :i ee •/ .14411Pti : i . ,,-;-(11 w --- \-- /. .›.-.,7 .,'.';,-•'';',..,::-. 1 /r 411414. * ....._, rg .I,. .... /' ,--_ -,------ \ ‘, ,....=...-. e .4\-;.•;., ,.; ,: '....'... q.,4,-,--,,..,.::, \;!,. . 0 j i 3.......41. .- •L ,Mi.=dm Loom Ir 0 . L___,11111 Mr.., ,,\ \ . ..,,,;(, ,,. AP..F.......,4 12 i ill, / • •• r , °° • LP - 1. : - 14;\ - " ' r'.‘/ -W-.__•.------ m•-••=...----T,--,, ' ,.o > I • • P 4 .1 %-r.j ' 1 ' !.: s ,.. ,1_,. .-- , 41' ..x/. 4. .,____: /- i . 1 .4'• \- I .76 _ ......).....,:r.a. ill . ;: 1 \.,,.. .: i ilear. 27 Po.a. , _.,,,,,.._,„,„.--,2-----'- . ". --k_--71 1 '\. • .--QAN*\ . ,/a, i it , \/.4L:,---c.. .....4 e r .,, ---y-.._. ,7..,-‘ b.,\ LP ' MEME.WIMEIMINk ' — I Or----- '-) -- 11 "a'. �.�� r -IKW -— • — �, i.- -- - -' - _ . _ _ •-- . •- -.� -Maw' - - ., - T=—.--- a � ., �. e• m� ~�` _T a;cowixarrAt ava �� _ i ye I 1 =•��` .. - Gam. .A w:ClOOY SUPYLT.AlST. .. _ ' �__- 1 •� 1 II ?i • C I .....all. O NOTES � •Tr.wr.•rerrrrro.r.tirrrrcaa N Intel .— I f -1.�...6..am....a,......wrr w... �•-- ra.rrra n..m.r,r.Moo rrw..Frr..... • tIa..*.Mac.MI or..We..r-rc rrr rnm.m... - I ; r.ecv..rr...rrr.ry..rts.o..arm..n.ra I '-- • l Tb.r Lr•Oo1—Ma I Um Fame P.•Mar 1..•.....1 .u.••••• r...ryp.re.....c...Palms r.4...I 1.6...Pill Ye. 1 liV...........MP.r 4r.M MA Ybl...r.W.K.ware_ TIMBER LADE ...le.f.ra.Maim r r.•..2 ..r1.e..Y.r.a pm Ma Pe `gA. `er.#.rMa A.m.o.O.Yw..r dt.P 6 m..=mom • r. 3 .eY.11m Y..P • PHASE 2 Existing zoning ch.aifihtiac•W!D• Famed Unit Demi:sm t wTm.c.xs oLT CT.a 1P. ,H.Y'..TT A OLT01TIMI W L IMO....1 SI.TI.iT A6T11.7!Q Me AN ADDITION TO THE CITY OF SOUTHLAKE • - - TARRANT COUNTY,TEXAS PLANNING A ENGINEERING REC'ORLiEn-OWNER_� THE NELSON CORPORATION SOLTHLA NMSI. LASICCC 111.9x.a•'.Tx II. I.r• 13 _5 Po_L tSI D 9E R,1 nNl JF:.M APRIL H.1456 A•mann.SLIIVEY,ARSE n TIMBER LAKE / t_ r _ .. n.•r wa mama —" -- ''- ' `Tf ,— r a-T�• �:. :y�l ' .. 11. • �74/1/ i SE a T/O11 /l j WNW Aa %1;. �`_ .. : ! E01K NO.E0.02' •• `• I -I ' 41 1 = i I 1 • .. _� _ I • Ilril 5jlU ;T ::! 1 y - • ....N.- 5'- ••mama-mar 1' - •Ii I �I40., i ►m•r , EI`' 1 �� a J� el its. \ tit t.... I t I, . a i / • it - ��1 • ill1 :".......i ii. . . -Iti V411111N• 0,'•"••///- ►; t ( / .� : `...-7- 1: '.;fit ,.., , ,,......„ ,./ss, : ,:_. J.— , 1 - - , . . _ N,,, , _ T- , • •;•....,.. / I • _ 4/ N, AT i • 1 1 NN,.., •.,,...N -s 87N . • __ f , . di i _ , I/ Xi. --. 1 , 44ffill Ir ., _ _. , . ,A, , //,,,,..._ _„,,, „, it:,,, `1.4 :. / 1 !1; •t- - ‘•/Ar '--------.1.15-iv 1 '; 1 A t ,//- /7.40\.---\ ' . ›I*Ligi, r -1 r;-"- • :k • •••..% , „0 4 i •, ', . -- / , — _ I..ia Nt,4./ N % . YlpAi II: ---;\ }-46 \ ' ,f/ PliPci., / ,/ --------- - -71% .‘, fic....---;.//,•• ar . , , / —A-A,. ; ' \ - \ ri)'; ! . ip I it, 1111110-" . .,/; • .......„ ,.: _ 7- 1 ; 1 - " _i; i • E-:\ Ni,._., g . alas. 4}ig• 4 i I. -,-‘, ,.-1.-.. t .•:.!: -% V. : ar1•r• 1 �• N ... ,•%\c-_-_.\I 1‘. No \‘‘:‘,,,‘ i r *v.,' - .. ,- _ #P . • ,,TA . i I. .f • , .) • .1 -ill-LAVA - --i. . - 'ft •I? • a , ,.. t Si / .„4,,,,,,,,,,,_,41 t 8 ‘ :::,,_-___ .____--4-*----11c k\\ ..,'•• r/ISP "- ''. ik.0 , /talk -0-1 , ...- • ....._ NI f . ..«wa les. / �7 - . =`'_ 1 �,`. Q - \\ `� 1� 10/0 // ' . \. , ii; • . , 1-•---. . .- ,.-___,L.- .-..- _--------_______.z.:_-,7---• • ..,.. '..-------7------„ .0' 0.: --. Ill INIIH''''''''' ."-- 10 ' \•`-- ./ _Mili"'''.----.1".."25"--c;•1-:.:',111M11-11---11- .) 1---- ar - ••••••Ik • ri,\. , , \ .. ., \ \ . , , ,, , ,...._. ,. v,, ,,„/ 4..... iri F..p... i. 10 al ..._,- p4I ,II : . f !Tr•/-=.7./1-740. 411: 4.V .4..._. „„: --- :_P ;. - k„....• .A I I ig_ n\ .4...- --uclik) - . I •.,.: .: .usia311'\ '/ii IP llt,„4,;,- .. ;. , I -_'mama /' / 1� ,� , , C �/ , ` �C I / .7 • .../.. 1 P' ilk -• .......... .. /4i 1'. 1..f :>.---- '.'i 7 Vir-NJ -- -).--''..-- (--; 111, . elm.. '- --r....._...--.-00.11p1•0411_..-'-_�ai Ill •.l1�nS t_, n-1. Iitai-4V•••••' di ;�M._ •a 1� r rfm �..o- o«=ax • �tL. _•_:_ •. T .FT - --__ -_ _��... ifir, � � - •mar-� 6 1 T1\\-1._ •• •I .1rr. •6 M.0700E A7ViY.IEST. _\ ` I 1`,• .5•� • t 1 OA!: EA•....r me r Mb es..•MO r•••rrrrr..a nyrmil =Y•.�r.r wp+_r r..me-..�••r WIN r-•r.r.*•..ra..rr..r-rwrr.�r. 1 ..— Rirm..••a loom kg I. a r.�r.�..r r rw•r-.•.••1•0r.rw. 1310 1 ti oar.••..•M.rm.•.•r.•••Ogrr:..h. k mama_ al r•.L D••L.r...Wma}r.1r.1D..Y...•MOO .r•.r.' II ...tumors a•r.aT•rr..•rrr..•.♦•rr..rrt O•ra DEVELOPMENT SITE PLAN +.r..:.•rt�.o•nnwrrr rrr.rr•.rw•r: a.•. • :I 2..-.-.....mama-4/10.-2-•mamamama-► TIMBER LAKE ••••.•.1••r a...•r i 1r.••••1.••r..rr rw.••rr•fir w..w.r.rrrr..•.•=.u....rr... PHASE 2 ` 11•7113 OM OLIO TIE . Existing Boring d.s.tResRaE'RV Pl.n.d UTR DrAilopment A ruin a•,n1E+.8~1 MOAN . LT1.n•.aL<lU E.AI.T..ET 1nr Phase Dots AN ADDITION TO THE CITY OF SOUTHLAKE brim/u.. OLT=.o.. TARRANT COUNTY.TEXAS i w•.Ma a1 na•la.•.•1We RI• PLANNING A ENGINEERING RECORDED Oa-2Ti Plum 2 Damara 120 0.11/0AN THE NELSON CORPORATION EOM-MAKE JOE.' - - Ca..r•O►a•Saga Aim Few..25.0 Acne MI MI w.aloanlDE DIM.MU a 1.r.o.la.Ti D•LL.•LTIL I.Tay D•La.LTn.E I✓I abs sar a NA.ON. Ann.r11. City of South lake,Texas MEMORANDUM June 11 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-27 Preliminary Plat for Timber Lake, Phase 2 ZA 90-27 is the Preliminary Plat of Timber Lake, Phase 2, 156. 7173 acres out of the P.J. Hyde Survey, Abstract No. 667, and the James Thornhill Survey, Abstract No. 1505. The property is located North of West Continental Blvd. , West of South White Chapel Blvd. and East of Southlake Hills Estates. The current zoning is Planned Unit Development for residential purposes. Phase 2 will include 270 lots, 266 units with 1 . 7 units per acre. The developer proposes 26. 4 acres of open space which is 16. 8% of the total acreage. This phase should be completed in 1991. There were sixteen (16) letters sent to property owners within 200 feet. To date, there has been one (1) response: Mr. Denver Mills, whose property is adjacent to the tract to the West, suggested that the stubout to the West be moved more to the North or to the South to allow more lotting possibilities on his land. On May 17 , 1990, the Planning and Zoning Commission. recommended approval (4-1) of the Preliminary Plat with all items on Cheatham letter dated May 9, 1990 with the exception of #10. The temporary entrance, West of the drainageway, is to be worked out with the City Engineer. On June 5, 1990, the City Council approved (4-0) the applicant' s request to table until June 19 , 1990. Ktew JL I _'y rr..•.r 1' 1 .: • _ Ilj •.0 T101 '1 i ':. ali -- - -- "a".-t -::771---6---;— ..--iff i -':if Ei , :c.--.. ; A , --,-, .--3-1. . ., .-.,i,i g -,. .. . • ! . •„......_.D',10 • r ,+ � - ` .�' ` iJ. : •' _�_� ` �•� i ,� L��`?' _ ./'IV., .-.0......._.,-1.4..-.•-_ •„,•1 • .1 A .y .4.. i.„... .# ii ,, , , ..., x..1.,.. ,,,,,.. ,./0.... gh•f••.••• Retie 30 4 , , ‘,‘ " •: Li 2/ A. ),,/,. .. . ,\ - ‘.q .I. .-= Ns or--. ti:-.1**43. - : . w----1-7? )-4.4 • •,., ,y- , a. 41 r. ,! 11 % m-.k AWi,_Ii �..71 • i » J' >. - t /• ..ice :'.i3•'I'.li'.•k.''I'iN''.:--I...lax!z...,./.r.....•....4••0•4•b•'A7•4ir 4Al,l,,,.•\,.,.......• .-/a„,:5•./-/•A f i.r7c.•"..•--.:Z,s-•.4" - .yl • 3 • ,, . /'fr tie . `i I7;1 ' ..* •' / % •• 4+4., " OO n .� / t • it it: !* i /i e' .\\.-- - ' i 1 • 1 L' •_ •* .26........"'Y f-- .L 2 I c `�� /©gil -I• 1 _4 •�e` • ` `• � • -} • I...,.._. � .. � � rat.--.•-A'.. - �.L'T. /I MI .- , 1.1 if Pr'4,, C o • IX/ r. IWOtiO ..... .,. • • _ bb \ • - ,:\INki‘ ilit . 1 . 1 • ' IX " 2 . , / 0 •. lk---- ;•'• 301; . • •/. ..' :...;•fl.‘ ."1 ni_._, e---y" \ %V i\-. i‘I‘• I I. y L• ""'e a - a=-fir a3"r\\, .% �. � . •.X.'• 42 L • y I.@ • •, m ;,;4 iF2'1' 1 4r�' -`/ a r►�'r :';7: I III • 1 /I • 1 j ' --j I - I..I : 10 -I 0.4. " o / f j V_ H.� !,p_�\ • ••' • / Q ‘ eC , .•-11 EEI ww 'MI b rrr•• .r..-.r. : �.r.J.� w,I .. .._r --- ---.r .-i`w---- �,a-, - --tea--1 �--a. - -I-- -ne\J� . ._ice - ���ltlIMa_l ti � . - -•_'' --- - %a I •. •1 — w. Cb•rt•E.yL VD. •w. • ••rrn••MI 1-11- i i< : 1 `' _ ; : i r e.DDc RIMY. i .. :\ ! 1 1 • Ir i S I% I I LEGAL DESCRIPTION 4 OA !_ 1 boa•�«r-....r.r-rrrrrr.Lns..wr.r.r N 'ff.S., r� �•.••••rr.rr•�r..r w.a..r r..r r.r r.•— .•. 1 u.rrrr .•.•� --.rr.•r. wm rr�rr r.r rr.rrr rrr r.a `�. •r••.w rr r r•.•. �-r r r •r.-• .• r ..1.•Fa r• mil r rr w r i ir•u w -•• ••rurr•rrrrr•••.rrrr•mrrr••••.ra PRELIMINARY PLAT ._r.•rl.a•.r..r.rrw• r..r_r..a-`r'.._r_"•"r TIMBER LAKE •r-p r• �=m rrrr..ar. r r rr•�.r•m-r PHASE a We UK fOmlaa Loom o„Lars U.2.7•U o. •A.m PHASE 2 • sms or I,r... dummv r r. .r•..AA......... In.. ar.nos:MIMSOM27 c*••urr • rr arreA. rr� •r. Mrrrrw. NAY rw m rr .r we M" nib a•r.n•[.O 0.'1v11•• - •:.•.!f•••am• =r=•-. ••er•r'.•rr I-w--•. Ar•E•w.raL faw=.•wR•e'r MINN .•rrr.w. rr as.:. Srwrr rrr. '•'rr"�1'�'w••rZ1'.Y-.r �•r rr.m. -r%.--Y•. Yr.-r r rrr. �irr.. .-��.'•�� "rrrrr• r—r w-r.. wr.rrrrr. AN ADDITION TO THE CITY OFSOUTHLARE • rr•.. r�01•.r. ur•-rrrw• TARRANT COUNTY,TEXAS .wrr•r.•• r ■.•••. .Trrr rrr. •••fir ••••-� ••••-•.•�r•Y•.•.. tor..r r.r• •r Ir M....•r r—.�war.w.r•r.•r r rr..r. •rr-•r r.r . m•�ao•p� a..u .tee r...•r•r r r r u w•r r r r-a w•r r.r • )CANNING•ENGINEERING RECORDED OWNER sr ems no Pm.r�•r••l•••.r min.r,r•r.r•••r ••••-+ .+ THE NELSON CORPORATION SOI.THLAEE JOINT VENTURE •.'•`••rr...a-Ilk r r•••••me••.••••cm...., .ra emerwl Is Yea"`.r r•i rw•x•�o"av an•.sm ae r+.onans—r ....•rr r red r.r MO r a•c r -.-nn Iwo w.r rlL•lR•a••.!Y .•Lt�t1•L • CM-- Orr M•* i4 _� Lti PAS City of South lake,Texas MEMORANDUM June 11 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Carrick Press Site Plan for Building Permit ZA 90-29 is the Site Plan for Carrick Press Addition, a 3. 00 acre tract out of the Thomas Easter Survey, Abstract No. 474 and the Samuel Freeman Survey, Abstract No. 525 . The property is located on the south side of E. Southlake Blvd. across from Bluebonnet Drive. The owner of the property is Mrs. Joanne R. Dinsmoor. The property is zoned Commercial-3 . The owner proposes utilizing 1 . 67 acres of the 3. 00 acre tract for a printing company. This represents the western portion of the approved Final Plat. On June 7 , 1990, the Planning and Zoning Commissioners recommended approval (5-0) of the site plan for Carrick Press subject to the City Engineer' s letter dated June 1 , 1990 . They further suggested that there be a common curb cut on the East side of the proposed site so that it can service the eastern portion of the tract when it is developed. They plan to build a 9 , 200 square foot building. / / KPG I5 - I • 4010, I \ \ WESIPARK LOOP LAKE TR flY CLUB t, 5�M a, o ssAIDCERo GRAPEVINE 0°,� a y _ c. B, F 9°'9 AA �� BOB JONES AD. ::::;"1-m3NI§x:1 03 VP ce I POSSUM HOLLOW - • ‘) 2 REDBIRD LN - 3•BLAYFR " a c ` ie 1 5owE". • 1 SWAN s W 5 CRANE 7 f g I ` not IR 111' m3 z i • 9ffr on i Are°0 E ri AASS-"'on it - i euM`1RAUT J _ . Y o� LN SOUTH E �y THOUSAND OAKS 1�- . `--- -..-�.. I PPIF TRAIL LAKE 5� ' —t\L . `r CIR. SOUTH LAKE • no it; mme 1 DISTR/C_T BOUND r 5 -souse kE HARBOR NR- . ; • o ,p 'SOLANA IK.E o= = SIODpt-...g N.. lg. � 3t e b = IBM i h On dCul I S"6 ERt* w,i - a 1U ♦ 1 HILLSIDE ON • R WI <'.,:,_ e h \ I 2 CRESCENT DR $• HARBOR BLUETEALCT • �%`_ ~ 3 SOUTHURE PI4W' J 10AlIEt' •: uKEsxoeE 1Z WOODLAND OR _ °e eBA►E1INF- r. ® HILLTOP OR OOG�i s� <- RD N. '„'- ANB‘• DOVE MP ID I2 \ WEET ST .F `�UM t�r%. . :� t et___ _ 1 *ju°itIuN" +REDBIe u , , ce f DE�E CT TAYLOR ST '.a,y; ;n a a " 1 `w 1 OOVEST_W UDYEST.E } CARROLL�� RALOC� MNY '��- . '. sbly!U' ��17 ^ o4 _ _ 0 � no . 3ox J s < IQ_.v'::;:<i jp o W NIGH SCHOOL T, J ' O o t CANffi, `.Imo;?'�'�, h w w "' ¢ u i fl°,el �c'iin ill : 'r s•t MOCKIN691Rh L - BRITT / ,,r• •s W - . I 1..1 / c I' iI PRIMROSE LNa ac N: / 4i�*E mint knit 5��1 WAIF ¢OARUNE N i j e e • _ _____1 'Tp„y �- €€ -i'e�r - i•�;,"7,��:yI.y.,q, .1,1'F'7 OAR g PL R ' e -" -- - - ---- --- --�Q.IN6 V G 3'•- Ct'"i• ;...; S i ( mN 1 V • I CAPROCKC - {� `y I SLEEPY Ho(° rK TR ez _ / v�' 2 TUMBLEWEED C, �� ' .S: fI u. �� d ' F� / 3 ROUNDUP TR I. 'iMBst.:' : ._ ( 6 CTP E S fUX,H NI THICK �1 LONGHORN TR 1 ' CS � ''W W 5 ALICE CT ,(` �:' e # RE K c o z e THOMASCT I:�,�.` FDREEILA moo JACK D.JOHNSON dw J m .... ELEMENTARY m ;SI' ti T PANHANDLE CT I.I�� '` HIDOE n9 HIGHLAND ST W d HIGHLAND STD E B BOX CANTON C 119AY Q I MEN ME 9mmmin inn NO KINSSW000 Il , 1 pDeRoe: c DOVE CREE "j �'� Cy y 9 CARROLL ILLS .•,F�' IL ..II f wait1 o Alio. MIDDLE = L 1 = r 1� u` fMO�t if/Epoch SCHOOL 'tom = .' .� f _ jY) ':; — 0 a / ...� AEfAIAI€OR AIN'fpei l'j - MEADOW •'./ .•�A x um " ,i Y,EQYi GRE 'Jr I.'DR -«i W' r� AD 6t 6LE m • MI>�S/p,T SLR- 0A - s `� AD IIQA' I y _•�: COVE M LOVE HENRY CT ��9 J - CITY - t B us_lo� < �E LODGE `•- ? m HALL ® r�� �: ca I RIVERSIDE -o E r I I " 2 COLUMBUS�i< OIf1N MICE O 1; • BICENTENNIALiiiii W d e PARK °° BUS. s� '�o 1m. �_ i IT09, W SOUTNUNE NLYD.W ITS SOUTHUKE LYO_E 6 „,h....„,„ i • rs l I a p0 EVE 11* E0H =.GOODE •." ! pl PINE CT.E 1� o AIRPORT " / co 3 2 * E tit I Y °�_1 w N ° .EA ��y�l . i 1 • a m ..��,,,,��,,�,� ,i t - .f I ' t {7.i •.� �iIIC EL GREENWOOD f)1 ui t� A! 'BB--, ( a = w COXT�EN ��=i'' .,,,.. I """M BRIAR s / VS _ CONTINENTAL KM W. 3 w CONTINENTAL BLYO_E, r_ f.- _ CARROLL H f 3 w �\ r HART _ ..: .. �. .A a.,_z, :.• •i• IMENTARY ��s� U.9eS1IL •-� t��I ` .. / W o a > - it - err.: �� - 37 AC I 62 AC 1- TRACT I cj`A.: . AC w z Jimny L. Parker Belle Lidster c m w TR 362 D -- ----] 2 AC m TRACT SE 3.916 AC C • I B-2 r �_ PKE Darby A D TRACT IE1 Aft TR 6 T I .984 AC TRACT 181 J - • C- 46 @ 9+►f p B-2 1 J 1I 1 1 tpat .ckes TR 2C ' a O9 .66 AL 3g6 I TR 28 -3 .849 AL ......"-1%.*****44*k..111 2A4 Word Land Grasp GRo C-3 97 A • 1 Cannercial2: . Fickes CS . TR 2E 1.89 AC 1 SF-1 1 - TTa I Howard E. Carr, Jr. � 3 • TR 2A3 I Miller AG �.RA AC TR 1BI TR 2 1 . 3 AC 1.59 AC SF-1 1 Iri. J.3 AC I I I TR 2A 1 2.94 AL TR 2A2 TR I1.22 AC I I i I • 2 I ti co I • tiki I j VI i . 6 Q 3 E 1 K5 - ---- - -1 . I O A s�, TR 1 A 0 ----_.L_____ I ]5-5 1' 5 AC MEAO ..--'21., . .. 1 . e..J,it-, i' •rDii . . i I i tm, --.1 ; ki• ; 1 ......... . i I . I --................ ..Si "••••................... Li, -'''•.. .•- -. -*---"--7441re . . • ..„,i, ! ...... •.. fro . .4...i. -... .... • ri.,•-••••II.. .• ' .'--- '. .: •i. .)....„.... inn..• ft•• is/ •...4 11:.7:4.•.4.........1;.. -.. . . ..... ... Ili -........ ...... ‘'ets.......:-.... .. , ',......,.... . •.. . •• •.. Freeman Survey t................._r.....:.. •4.5 4c. . ...V.,,,c„„,..._....... Qs,. ......,,„,, ,e- ............:'-.1 77---....,---691". .).." . ... .. a ,,,,,.., , . As ,n 0 --..._ a ..., ..,. .. "' .Y? 0 t• a a, Os It..., O — '...L.... • •,•. - cc 0. - • . --"%--..,.....„.. _ . to 0 -... IA, 14 ^.....ttes......,easto .""...... •Ita. In O a. 0 ... ....,, . cc 6 0 ....N. ....... 0 > . le; -.....,44,4 .... ••• ve• -... Itt ..........".444 '''•• ••••..... -.....„ • I• 01 it Ci 1 • ••••••............. CO -.... Pr) i Pr) .0 I.., ..... -... ..., u I c; L CS 0 . r. b. Z '''') ft) .6. I ; Loll 1 . 1 , -eh 1 .... ..: Block I I a N i 0 In tr) O 0)1 ... 2.57 ACRES .... on 1\1 ft .0- CI 41 N • NE CI IC' tri I• a %... ci) u.... mo.......,... . yaw. eiv wow si.........A° — ---- —\-N.89°49.50 W. 365.6— ...../4 ._ _...._ _ —...i!) • • • -.. • •. .. . 3,. . ... -• ,. (I) It) . t I ..... b VA ..... 0 4.1. I• b t1.I • te ts .• re/t_ 0 C• • to U) k '6. i k %N.1.1.ARD • si :2'... . . 9 5,...10 • ' I •IC 1•••• "fro': . • . FINAL PLAT . LOT I, •BLOCK I, CARRICK PRESS ADDITION 15-4 V VI ..+w ZONED iIG-8x GliO •` 2 GG4 Gl.G .VU.0 G io a-2 • ! N / L�1/T FbLG / ' n 1 / / 1 , •114x FOLE ') N•"Avec 32 E. a044.4F5 _ ---- fi / \� r `1cpZ.av I • /?.5'Lm e�rr> rrsor+as r L--r- -r!° T�T T T� '/ / 11 1_. /I �,oil� L ___lam iIII -(I� -1-I —,( I % 11. !_ I ' I Ti—iTmt 1_ 1 �i - 1 I I A1 . 1_1—_�1 ` / ` VI / }� / V / 4 NT 1�f ��cyliziiirSe, / LfJCV�Ib I�IYy / f �� F7sviHq / 2i.•asu� 1 L�ij 4.• . ofl / .a .i.e? cA e o �T I o'Nwx f WTLRE 17.RIu14K I I 4't 1 40 10 y: / / r 4/ / 1 / 1xu�11 axe rages f / "" "' 1 I '' I I I I I /151�i E•Th / / ' / I III ��'• // I L {uc 4uP %+e�/ , + 1.5 I 11 I I I I I I I / I n s p / R / I� �� _/ —1—L 4 I_1_1—I—I J -' 11�`A 1 / / ht< I I , 1 _ �, 4 _li;!�,;I ^I:•luPp I�� >XR 'r' J !Ce d / / 'I 714/ ( aU / � ��` /t l 1 �1 1 I / 6�t.1s I o • / • .'. 1/ _• 1 %/ 1 • / - / I I1,-.- b i / " y . /. I Q Qyk I a 1�t , , n / ii I/�I-11 I r I --/— +V , f,' !I �k Y' `I�- I y/ //, - F , / I WIt:1 Q• .//L/ / .� �! 4 N N SI4x • 1 4 I I 1 q / gxG125a FT gLD4 _ eArr,.y. -go--` / 1 ro• w� / % h I bx c-. e_m-4 111I I I II•"-f•-- �11 - I EHf,Y/EKI7 Rµ FLR.CIEv 6 I-S „'1 I ) I Z C � 1 1 I FITTUCE- APDIT/ON f� I, , / (//A nt _.. /� 1 .I ' ��.� 1 I :. I 7GNEb 'Ic-sit // ' I I bGt71'7 �.Q./7/ 1 1 %I it ? :/ / rj / i • / `;U 'ra"� L1 1 i >i Q:),/ II - I / i1 I // I i , ' i j4 I / / I 1 1 / 11I�I! / / / / / . 1 r ` t • ; I*-d' Imo'-c° +Id-o1 _—_ 2s= el�� II�r/'// / GRW,x'DICOHG. 1 a I -' I i i / • / T LIFIE li///I / // / `UNFiUtu.' P 'A • N I I I _ .J� I;;:!:ti:•.:i I I.ii'li L i ���I,f _.——_k——_._——_—J / 1 il �r I •4 .y VF /` 1 / _'�.jf_� ic > K— IT aeo�� z- / O *pl gl[FFEvsYAPSD^pt Q // ' I 45.c1 I ! ��-z5'ur/t. psMr. stool t —h— /-- V 656 G50 GG2 604 Gl.G d--+ N•GG' 'o O E 6� I 672 1 11 i G74• �: 141-0 gUFFERYARD "ZONED /'4-3" ZONED NS.•-/n 4E.1 v. - / t' \ SITE PLAN F,^• I.II =. -_ .' -- _ _ ._ .: i ‘..n I 7 I -,— .k I / . .Z a-so / / / is ' 14' ., , ! / ;:. I 114.:44:.E.14/4,.. •WV t.L.µwoe'we. / to / 474::;•ti 0'021 52"E., 3 0,931 .‘ \ I 11 .I 4: 4. .6*(4.25 n. .1 —r--.I,..7,-,--+_-' - -1 -7-1I--,- ---142't Lrai---a-L11:—r1.61mt..4.' .+441._ _001-Tarril'us•-r%_e-1- T4-1- 7--r- _ 'T' T i 1 / 1 ‘'t I ! l7-- L; ----4 ----.-Q1 , f- . , .,.,.. ,____ _ , 4„. .. i. ..7, .,.._. , , /,' , . f41 . 1 iti 1— -,--1- ,ii 1 e / ti / il / , / . / • , • ..owl 4445 / ‘ / ,Ii i b / Furuer. mout41 1 I 4;1 • /4 / ' 0.-/ i • •4 ..I I *./ .1. / Gala.? Ce./.16-Ca, _ q ! * r-9/1 4 431/ / •'1 / -.ei i. ..... " / ' , - 1- I i / I Ililliiirj lot - , • qt. 6,,' \ T / rpcuck. az.K..,.., 1 4.54.4 =/ 1111 ; 1111 .,, ,1 1 \ii- 1 u, _ ) -1-mu,c • wp . ' r4:e.•19.5 71- I /I I I I I I I /• I tn. Ill * - •"--. / 'in Gai.s '. • . &11.42 4,•-( 11 5 I ; .1„,:s0 , / ' t ‘1. is ! I • • .?.; " ••,; . ;•• ... EArt / , -T • 1. ; .. I • Z-._ ,.-\.:. , .-,,,,m,„..,,,,•,.:•„,,, c„_„.0 , •. • , 0 , ,, .. , . , ,_..,.. ., 4-......,,.° , • . a,.,.....p_,...,,,..... ._ . - • - , 1,1,, 1-1-,,-, , // i 8 t I --.....•v •sr, Y \V \ / It l'O, y i 0 ,/ I • -7 l . •. , g s.1_1 1 IQ, --1 4 k ,„ 1--/-1-.,z 11 1 x/ , • 1 / ; ft,-..! - ,/ • -, !m_ i ! i I kir,11 5 I ••'d): f N I q! •Ni% cl j--&----' k II-- ''4.' / i zeop FA I i I Li:1% tr. k., ..i\,11/ 17( 1F-t-1 . I PlrrUce.. ApcnT/aS 1 ..`"I I 4 &COO-SO.Fl? 0 j --I•• -;,•; I ZOHEI7 "G-311 I I RI I 1 1 / 1 1 N, 1 / ,---/ 1ti 1 I ' -1 • \/ / . / (I. • z I , 2 1• u I i _ 1 ,,,..--1.:, , .t . I 674 I / I /t". ! Alli'?Eirl'IVI:M I i I i tHr-71 ' / , ', / / i• 1 Pi 1-f--1,1 , 1 1 ) 1 / -11, I I ! , i 1 4.-2-Q 1:—;' 4c. 24..1.11-1 .i ILWI-011 , .,_, ..., i / i ." - ,.,..;6. ,,...._ I , , ,, ... ..c, ...,,.0 , v / . I, I I i I t i , , :, I i , VI 1,11-4-4 14--—Hi! I— *, lir.',.:,, / 1j1 • : . k.' , . i ,.:. ___L_I Li I 40„644-1.1*-- . 4, '.3: :1_,T .11: p.n. „..,,,,tr.„,,,...7.,...,,,...- .• - , . . ..„ _L._ .. , 1 ii '' .:1,r,..t.T..,1- --- ",___ ._.. /70_42...6.,..t.4. ..:;_e_2--—-4 Te.6t.s.9 -k---- • - — :ecrTM-re;:', ,r. •=-----i / — Ycil— —1 --/— — -71—--X-0 • ID 13u FFER YARNP F r _I .• ! ' L___i_jd.1._ _" — '‘ • __ , — •—k7" ‘--- — .— — 4 _ _v..._ _ r _ —_ —_ 1 . , ! I ' / I' 45.0! 310.0 , '----7.5 Uri L. 0.4Am--,,.., GG 2 Geo+ GC.G. 4,43/M Gt:./0'ao`E c.-10 415.01' I 672 i ii I 474. 1 SUFFERY 4E-1° - zole ED "..1.-V." P.C.,..-1" • / &: J-.h&FET7'` T1O}.}S // ---- 7 Ii 1 1 • y� `Q _ _ ,2 ...= ._ // N • /LIB M? ' LE. 40. {,. , 0 •• ----- -, 7 i /i. ‘4, !!. \I . -.-c.G..2.o T7 • 01 - °it/ .j" - - • .. /). ii i.k:// , _;._ _ — —— — — - — — — —IY l. .: // • ni / Ili :II ' _ \lit - — - 7 Oi. , kU / to ------ - - . - i 4. • / =0, ‘061 - • N), ./ ____ :. ___ . _... • _ .- 11-z-'' -.:•';.- -:4:......,-_-• - , N, - - il i .-.:...,2 f.r 1 i --- 44. .. • / ;.: o = E 1 ;/- " ¢• \ %` 0 ' `9'•� I' / I , 1 4" 1\ Tc.��:s ›..„ �i �p�p.0 • V I r--- Z- r j e �' r !11 / � I I ,� �� y .N) / 1 I4I 1 --1 - I , �� 4 ,• At z., yi :4/ o 1= + I k1 0' A\ / I it 1J I -• rl � j - sQ 4-1 µ }., SIGN I . •i i1 q oi( . I tl t—I.—. I — �' CJM TN aRtii h I I---r— - - :.... 6\1'7 I. Hi !Oili,ioil , . .i I I 1------- j/ . m'. . , .. '4_K g . -- 1 1I .. I . (k. . i -- - ----- - VLiCt7 I/P,I.vg.---..A Nc GuLvawr . - . - _ .. A.A_VI IG. K pR.: �-1 .1 - Izra 1,5-12 City of Southlake,Texas MEMORANDUM June 11 , 1990 TO: Planning and Zoning Commissioners FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-28 Preliminary Plat of Sword Addition ZA 90-28 is the Preliminary Plat of the Sword Addition, 13. 638 acres out of the Benjamin J. Foster Survey, Abstract No. 519 , Tract 1F. The tract is located on the east side of Randol Mill Avenue at Florence Road. Thw owner of the property is Johnny Sword; the applicant is Monica Haverkamp. The entire property is zoned Commercial-2 . Mr. Sword proposes selling Block 1 , Lot 1 to Mr. and Mrs. Haverkamp. They propose locating their gunite business in the rear of the existing feed/grocery store. There were nine (9) letters sent to property owners within 200 feet. To date, there have been no written inquiries or responses. A.J. Cain and Joy Clark had their questions addressed during the Planning and Zoning Commission meeting. On June 7 , 1990 , the Planning and Zoning Commission recommended approval (5-0) of the Preliminary Plat subject to the City Engineer' s letter dated May 31 , 1990 , omitting item #6 . They further suggested that the City Council address informational comments (1 & 2) on the same letter. %I KPG 1G- I • I - / I WESTPARR LOOP LAKE TROPHY CLUB u■. 4r• �'� tP A,DGE M GRAPEVINE _ - A � - -• �� Y '! g �i�oo AD /0t10NEt MI. 10/ —Jon -• 1 POSSUM HOLLOWJ 6005E 3 IIECR 011I • V 2 AEO1tiD IN 'ter .a 1: 1E5.so a 2 7AEAVER w 11 ;.>.w.•� C - - `4C I A SWAN ;e AI s.. --•- 1 , 5CRANE :e .7: '_® ...Wa§'t \ _ - RUEtINO to --- WESTLAKE +NC+ir/A J W '/Ass Dl "� /Alit• TRDurodi Ti DENTON COUNTY I• `lt• LN NUM 0` THOUSAND DOES 1 (� currlE rum LAKE TARRANT COUNTY ° '- CIA SOUTN ukE • .Z.so we..-.-.......1 _ 1�`__ _ I �e."g____..1_Liu w.s_ NA DISTRICT BOUND r 1 s• am :ono sv� v 1 i 10• ���k3_a ,II000 ON i I ►K.F • == 3 Z.LA I DI + i 1 = ,L L �0. 1gAN IN N re ! s✓i WOO yT111T!E-.'.. ' ICJ t IIIUfIOE ON +3 1tEAT PIING Cr e. a iZ ` 2 CIE SCENT IN }. NAAIOI' n, RUE tEu R i -.7 SOOTIKARE rR-r:e to•_. MKT- 3 -U Iy 1 rf00 ipA D OR � j 12 4 IZ % 5 NNLrr 01 Si c°��,E o= e16NAVE110 N ...... .. . ....: 7.7C _� "1$!ETET F�out0NA w� . ilnOtST t I L. w OENFC (� a� j ; EME0ALO61RI ILLII ��0VEST-M 00VEST.E6 .a � ,• c. MOckINarnLN e 1 �j 'IRITTANTtT . 4 / •L , :_ PR _r 1 _ W OARLANF.1 o f- r �'/ ��IOARLAMEf RAnIAIR1N ON•o` We • :' , 4 . 1 • 1 1 I EEIT A1I4 K TN `a ` - !., .ONO ' 1 CAPROCR Cr-,`; 3 • A: r-�' IfUMILEWEEOc i .� ((( •I:' .�-�` I e.CTPREIS -~�NAYE+'oi OR} ,TIAItPEA1N LN 4 LONGHORN Ti 3:V 3 ROUNDUP TN - t I I. * ` CREEK - l 5 ALtCE CT �, . ��11 1 V o „ JACK D.JONMSOM ya" i e txOMAs CT I Io ibei44 ti ELEMENTARY :In =� s Te T PANWIlou r.T I •�S so ...j MEN j *ROAR ST W— RIGILAN0 ST.E 0 t Iw N sox canyon c. 1..:r..• FAWKES RO WOOO • - "s % • .o: Y. iRIN6S Q001,i104 ,e, MECIFEI}-. I II . • CARROLL roil �i; sl... Eg�T`+DSS TIM• TS•1AYf-I 1 1� MIDDLE ' TisfATpSC^I -- - 1 o's.'wig t+ ENOCt I WILOW000 L SCHOOL �! •_' Tq p� / t rPI` tEr Lt a 2} 15 • wr Ti3'A LA 1 IMEAOON e-fe f e t o 0 VIS it Itrl FL,,EKE =RO" isimi1 GLEN ,K31 11A1R0 me LAREWWIDO o Di e, `OE`� _ LIEN. �,OI• a- a NMICOVE•t LOVE HEM CT �,•/ .q5' P u ' CITE (�'lCUM/ElANO1R / ,ate f., ' r� N. NILI51M(ci I a! IW� A LODGE rui sly o .MALL I o�11�aM TN I.z le •..v o III 1 1114`OWONo am , 0 _ I 1: e- :_ SLCEPARRNIAL'�'I+Eal_uro� • '� :': �� 5 ro 1(,_,'+ oo- 10RNSON AD •J I - o SOUTNLIRF ILVO.• +� ON 50UTRLARE 1LV0.E Si le' o ,I T` 6sif 13 } • GOODE / 'MIME CT.E 13 II t ac 1. I1G i o AIRPORT " CT 1 ` ,aien t Y, i J 3�-1W ., d, w LILAC I I c i 1 lei ai - u1101; I : ,HlttIEL GREENWOOD fi A i • o li W CAEF;eliiilR � IC .% u CONTIRENTAL ALM E 6 CDNTINENTAlRYO_rl ..; L`-ypu-7AUI(CA ——— .,jar j4 t CARROLL �0't••C2%.( (3" j ie 1 E MENTART "►o • s NgT,ST :9 s., ft I)i Si s is, W • c6'Ee• fir-- ! co ae /I] . :5 IG�* 1 COLLEYVILLE 1DxNMLcAIAAo... [OLE TR.664 32 2 A1-'�SVA�GO TA.1A1A3A 31 A'g6 TR.1AIA3 Ac 4.5 Ac TR.6611 I JAMES MARTIN 6.44 Ac VALERIE CLARK AG • AG 30 KELLER CITY LIMITS 29 . —FEDRENCE—DR— — / FOWLER FOWLERAG z TR.9A2 1 TRG9AIA 1.1 AC 1.1 Ac i LAIN LAIN AT AGH D 0 �� TR.9A TR.9A1 LK a i Ac 1 1 Ac W A Cu B StiAv 9 co' OTTIS A'S1 c AG 2 2 6 A.C. STONE rn AG F FRANKLIN TOLBERT AG T4.Ac (:::::) 4 AC CHARLES FREE AG H TA.961 u ROXANNE TROYER 2 Ac Q AG TR.1E 3 AC - TR.16 I TR.1D1 1 Ac 60 Ac TR.9C1 2.1 AC ( TR.SD2 6� . iI i a W Y ROBERT • VIRGINIA LEMA'E VOL.7794 PO.loB • 1 1 i ZONED AO a. O. I KtGM.M FOR 12fC111/110M -..• N69.1407•E 1017.01 . . 1 M FRA Sherd • I • onomep • • • • `II ;rx I - W: zned Q1 1 • 'I - I N W • of , i . • 1 I ®I �►e.�o I • I OeO BLOCK I LOT 2 0 12.376 ACRE? I .= I o • m3 CD OA of•QO • I 1 2.W. /Sky • I In �Z 1 aid, 1: Z.' W = I"_ '� 2 i Nou1e • . 3 Is • Z o 5 / , f- '�~ 0 B/�"0 ice onn,_t..,.._, _ • _.1=_a. -S 119'4244"E _27993---—--.2-1 i 1 1,. h iCer4:7,1Vigaak I e i I Me/a/B.dj a �• 0 i i *I1 LnJ �_LOTI I . 1 1.00 ACRE p I (r- — _ _—Jvl oI `• _ Ato I i 11 279.92 �— 714.97 ———————-— — -w untry twril ' 1.___ "_ _ S69.07'00•W 1016A0 1 • r •— I • - •MnInP• • ' • ' ran 811 1.1 • , • • MI,MUMS,I•Wf 1w.l I.N.w..v a Na felnl•1 Iw.n\r ; Mln•ea••a lap la a4 S I.4•...len.,. -I,r.wo.r 1• •\•Ct•I•fl..e•.IN•.nn•n Cw..r.r•.••.• 1nnl.... l Ill A.t.,...Phil.rn.•1S.lead In..l..4•e.C..•r.4.n.•e M41 wn • • w.••r lwr•••.ul•.n y , i ••an Ire•w I.S.4•mM M•••1 wwl Call!n•••Or•. GQ 4IM•4 • I W.. Neel**.rill. LaI•f-•-MUY1M 'rn•10.Bead N I 4l•I.'M-1 ' * • bad sell.la.\•leo lfll..M floe 4.•\••I II.. !!� 1 IO/NIr I YYI/1M WM,YOI.rrIIIAflOI I flee.4•••1.e.w•4eea easen•1••Ifl Ne.•r 1.n•/I .GI 9E • • �NfO// non 1.n•.11•.i1•1.iin.e re•I.e i.e.pie 4r•4 WWn CY I • II{I goo.el SO 1i1+----•------ 'TRIOS: i.P.II..u•1.lnas I..e..n N•B 1I.i.•a4 Wwa II LBr•ICYI 19rc.CI `—� Moe...aka..nN 1n..e..I...M • nwh • y r•�I.W.sW.� • _.--._—_— nun I.11•.'M•.S•U.LIII.M lost.I ea Ie..PO I..U.1•wl..ea F " — .--__ _-- ...... I ...._ e1 abs w.4 lee.Me..ill 4 Oa 1n.elr llw 0 sale • WIe Itll N•u•1 • ROAD I rm... a.vJ noct I.C•-al•-e•1•sal•e rw• :z : •N.•.MI I '. s...ewr ..• unmW w.nea4 • 1M nm• ICut rr. 11. w1wr •r . :I , I 1adYeNall.••o.•.• .se ole o Ouse. -, I ,1AW 1tnII1 M U.IM• .•r ad nN. /.v I,I I tt •I( I I Xf./.I . • i"rah, • bwr►.•a.•.wN,I+..e 1` .`is•aua _ _ I IA =. I • • •MIn i1 MO • ' . • -II - -n11rr II TARIM • r - I .... . ^% I••.1 •t • •NN. 4n•.1i...se ................... ...a..:..0..�.:••eal•day nnmur mom/ Ir_, - '•I .M I • I r ............ow l• .Neel\r C• Ile 4.•U•4.N.•••eaea.er oleo se Wass a nawne ale owe y.. t 1. Ile_ • �- I oS • �' BLUCK • I �T A . ' i i. 'M.0~•••n imtm lua it 11nn se ISO . • • _— •�) •1-• , i 1 ' I� Love 1N14 IT all Ise IN•N{•wool., �•w0. MY W� I , I • . ----.- F .. r 'Q•II i. it I . • "eiey I Wknsape. es,...i.i. ' • �ip+IiKl coal— --- r • • . I .. , i• N 1 ff ,°i`w♦ t l 7 • �I . e • . I LOT Si • ��t �r' --____ --- I --- —rael-ca-- 'S —T*'if•^ I .3 • n -Ii �i •_--�di-- --- 1Mror'oolr MOM - . f •ma /ONAI II SALMI VOL Yp NSW MINI/I Bade•.naI' _ w - • PSS/vrrv/,.Atr Ikon I.YlW C.4.1•I......••...t..\••a.l•plea 4•In.•........ 1• r e'.L-w•,eLw - '....n.eeN.e1•merge,was• .l•1••.0. • LOTS Lag.BLOCK I. eau I. bead•.w.n•1..an. • • . •• SWORD ADDITION , , AN ADOmoN TO THE CITY Or SOUTHLAKC App.BMA(DuI) Appnlla(DIII) TARRANT COUNTY,TEXAS • • CITY OFSOUTHLAKE CITY COUNCIL IN THE 11J.FOSTER SUR.A-Dn , PLANNING B ZONING CITY OF SOUTHLAKE I8.818 ACM1 • • Y SVC • COMMISSION =ngamC. IIYAan a..•�•.PORN . M1 ROOM ell.W4 .001.1800 iWTYLAM.inY/MY •CNAIRMAN_ - MAYOR • • - Thorley FAA in COEIMI SNa H1 �s WA: AN, SECRETARY !UNITARYI____� r.r. �� • -- - % City of Southlake,Texas MEMORANDUM June 11 , 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-30 Final Plat of Oak Hill Estates ZA 90-30 is the Final Plat of Oak Hill Estates, 43 . 421 acres out of the Littleberry G. Hall Survey, Abstract No. 686 , Tracts 1D and iF and the Thomas M. Hood Survey, Abstract No. 706, Tracts 9A and 9A1 . The tract is located on the west side of North 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 Single Family 20 A and Single Family 30. The developer proposes five (5) 30 ,000 square foot lots and seventy (70) 20,000 square foot lots. Phasing was discussed as a possibility during the Planning and Zoning meeting (Phase I: 36 lots; Phase II: 39 lots) . No additional letters were required to be sent to property owners within 200 feet. On June 7 , 1990, the Planning and Zoning Commission recommended approval (4-1) of the Final Plat of Oak Hill Estates subject to the City Engineer' s letter dated June 1, 1990 , items 1-15. KPG 17- 6 IWESTPARK l00P \ TROPHY CLUB LAKE SAM,'A ,�� ^ , a t'rNI061 R0 ,T. GRAPEVINE E , ( :• " ..a H- e0•490 i� RO �� • L,,� ��ri 4, t• 16 BOB JONES no O BOB 6 JONES �° I .4 j_ !YJ ` ` =-.GOOSE W NECK OR I I POSSUM HOLLOW '` 'VW 05/1, ~` fl %DLN y a _...W z N• E 1 f BLUE01110 U W i • E ' lgNOgEEKOR 1 .. .W BASS OR" rDBUNIp TROUT ` •Y I ,� 9 EN SOUTH a 1 CRAPPIE TRAIL LAKE u THOUSAND OAKS TY I ~ • g—� CI0.. ` s SOUTH LAKE DISTRICT BOUND' - r ' .� I O \` " 2 !I n.E LAKE HARBOR I t- " o m O mom= - 6 .`PK.E m �`LAKESIDE a .K000 ON ; OR t'•� ��. '�' IU km-% io. RRIOOLM-/ 4.6HARBGRWHRE"o r Tn I CHILLSIDERESCENT DR GREAT WING CT 0 h •. 3CRESCENTON h HARBOR u BLUE TEACRz �'�, I2 \ 3 SOUTNUKE PK W Col BORNEY IN- ' W -4 WOODLAND DR 1 I UKEDNINE_. 12 ®` 5.HILLTOP OR •SWEET ST �9 Pee! o a • �;GRAVfL RO N Uitio�-. et Ff4. ODIALT•UNAO o•_.....��O .'�4REOIIAOU�� W IO au • TAYLOB ST cj g a 12 I .Q -- - W. -GENE CT W_ , r.°',•- _t IJ p Q��to . - � • Livers,-**---; r IU (_. .Z DOVEST_I �' ° s i EMERALD CM. _� .... �`O� a�E7sRD=E- a IR F +<�TA[ K I� ROBIN 3 ac'"p -- DOVE ST_W CARROLI� r� =. y pORD RK K IQ tic W HIGH SCHOOL s • c, �' `4 r U « MOCKINGBIRD LN• sa -BAITTANY CT a - o s " cc i "= 4E�RES I!i-t! _ e W os„ �04 z ill --fC�-a"fit tiE al- 1 _ •,`= _ W PRIMROSE LN �9J' EEK sy i Y SW-EEt° GENIC ' 3I 5- - OAKLANE^N J _ i -- CR l�,y�* ¢ �R Ii 1 ' ' PLANTATION OR,S o '_' t j OAKUNE.S ao c ... - Fy - �� CXRIS AAWICR S N 'ill 1•� :SLEEEEPYY HOLLOW o!K TR :r `o 3 i S��`'�ICT I CAPROCN CT-. ' 3 j..77WAT � c....AT.- �f z~� - .RAY 3 et W i 2 TUMBLEWEED C7y� ti o` o•CYPRESS Er4Ej 3 ROUNDUP TA ' I t�� FiE3 ST 1 3 W 6'CREEK X OR 7HMISPERIN6 LN 4 LONGHORN TR ESTER T I I - - I! I.Q ,g" :B THOMAS CT O o FORESfiLII a JACK D.JOHNSON• l 3 0 o y ALICE CT F s HIDDEN n ELEMENTARY ���s "7 PANHANDLE^TIC yry LN t 9 s:J" s . XIGRUKO ST_W • HI6hlAXO ST_E "' 'w 8 BOX CANTO JCT� pQ�''-� 1 m DR o T-£ GLEN : • �AIpVi€ pE7, °� FAWKESRDIKINGSWDOD - "= tN._•�„Y_ .o: .,MESL PA S I ORS 3°GODgO°y`'- .o • :DOVE CREEK. I I♦ 3 C' S. I ,9 III i a , .fy TOSS TIMBE_:gAYf CARROLL y o=.'fY,j LEA I. ., 00 = OAK HILL MIDDLE H¢'''As I _s:' Y ILOW000 L SCHOOL BapDRw:: .f EW ESTATES rs ♦ ,I -�MEAOOW NB'1 'QG~ <' 'RAINTREE OR !ArD iEgg —RD' I- GL6lEN.aEN ve ! { MIS3f0*,1,LAMe00B.` LAKWOOD� DR`= `�`pt W �GREENIIOU6HOrR___ I COVE ra r ilOYEHENRYC 'aO,r 5u u < e : i �ROLLINGNII N T HILLSIDE C71 •�E� L SAN$K0',`:�-�, a HALL x WR..t� IID3 CITY H i I 1/ �1I OLVO= CcBICEIAL -I' W PARK i 14 ED`—BLYD' l a '` °Q ` ION RO•�•r1—_'•¢ 1709 ,o ;:.UTHLAKF BLVD_W' 9E-on ;SOUTHLVIE BLYO_E Sa :.% 1709 �_._ ���� i 1' I' A. PEN,-A,�OAi UV C i .. W I o 44. �R -xi' 9 GOODE -' -PINE CT.E i 3 :o 3 �t��' PINE` ' c AIRPORT Iv' / �T-•= 1 H < C' L'u:` .` a LIUC 3 -- .Y o„tr I oP f - EXCNAA6£SLY: RAINBOW 7E4a MIC�EL GREENWOOD ST • 1 1r1i9rJS'T A _ L.o Wil 1% CR[fq BRIAR _ s COOTIE NTAL q r COOTIE y - ' s CONTINENTAL I:YO.W 3 u u CONTINENTAL BM..I / 'a .' o e u s NBC m u .... •. EMENTART CARROLL Ile+__l*yDgS7 Yea ��� HART S7 Wo .... —.Y- ETI� �_tr r WC a EG • 3 m_ °hit e:\14. — o / Imo.acs ;r T 3 .o.,._--m." D_I. l ,r `Cr t H a /. c + iI c1 �.—_j �. COLLEYVILLE ..OLDMILLe0N.. t•, 11 3 w r '�p I TR 2C4 TR 2C2! ;VA! .67 AC 3�.34 AC 29 0 I .. us TR 2C1 TR 10 9 r ,� 5.72 AC R 50.0 AC AC lIT29A !- I T 87 II — T.H.Kasper/T.H.Kasper, Jr. 750 N. White Chapel Blvd. AG Chapel Downs Joint Venture /) SF-20 A, SF-30 A - - I I TR 2 w. 31.75 AC 3rian Frazier TR 9A 6 9A1 11.79 AC ! ! AG • NMI — — — — - - UM Kitchens 3rian Frazier i 0 900 2 _ 3 AG ION 11(1. 4 1 TR 10 Ei SF-1 cjcGJ T Clancy 15.0 AC 6 �I p 450 U MISSION DR 5 • 261'Cottingham I� SF-1 I 901 3 c'l U • 2 b (0110 / pu SF-1 O 4 ---?Rickman NAL 455 I _ tJA' 6 TR IF ` I Sobiesczy A-0 115.0 A 900 \SFl -� • 11 10 9 B Tr 2C . SF-1 M. Wayland ! b SAN SAGA DR AG W. Ralph EvaL City of Southlake K9901r AG TR 1 1 2 3 ' 4 TR 2B Z 3 10.0 AC ! w SF-1 AG Bicentennial Park TR 2A 1. jE _ Q 2 TR 1E 4R 7,31 AC I Community Service I — I EMERALI a r ill *,ii TR ICI 1 ' 1.0 AC ! TR 1C2 all, 301 6.0 AC • I I A 2R ' 2AM� '�^ n ES r 3 I • . p�q I 7 1 TR 1B -------------- 1 . ( r va 4 ' /�n^r • j,rt. utility Easerlierlt ti. , IL N 00-29-25 W 498.43 / L T✓"'"" _N_10-�59 22 yiLi4503.71 _-- ,.r,-.:..r- N 00-04-14 W 439.40 j, • rr 2ae.o4 e z T73.10 42n I 143 \ ' +� e r I Is6 a 117.29 I- I '10 fl.UI91ty Easement p 12 I N 6 f w 7 a' I_. O 7 g KJ IC N 1.4 N I n 4 N A u N Nis m I. V 0r H r ! 8i I I• ",� I N 130-03-48 W o\?\e0. /� -�\ T. iu a I'd u' f 158 f ; j eti `44 a 25.77 90.11 150.2o I - T �a e ds 4 b __- �` 105.12 �. �m•rl $ Sr 5 299 - ------ ----- m 100.77 u 's a 1 Sj r�a-WN 00-2D-31!' 10:41.34° 133.IS 100.O1S 93.13 39I\ y �tsI=� awTRUELOVE ' --to . _ _ _ Ise 2 II:• I�s.2.2110e.79 111.90 TRAIL 95.33 Ile I tat Ir- ------ ��I - no n6 109.30 1i ---- tl i I �_z ,� o1 m o i Iftg i-g -- -- alnrrwu.r s = IP. �"d O I�s - N 3 1? 4 u A -0 54 m - IMP- J 1 182 I _ to7.94 __ tnsa 1 IOD_De _ __ I t1J.es fi 10 rt. E... 10'94 -_^'--- I ia o �I o NI ---- -'_-` �-- 110.02 109.92 1p9.ea T y� N 2-49-14-Y•��" Sg y.5 m mr?nil an.0.+rfr Is 01b I� �rZ�yN N O-SS-29 E N a-JS-47 E r,, D-Se- E - -----.-- 3S-�W e 7-u- N 11 T I p 1r 8 r 1 4 l a 1'0 28 N N J-3S-47 E IN 0-09-36 E N 6 a I I e^1 - 1* m O „I S� _ I I� IE7 a I r`1* P 1S6 rn +r- N w 1 to u to �+ .1 m to ; 1_ 4. t' 0 N T o - 1 1 15' - o m - (aI I¢ a S S 18 T. I • Z . , I"U 51.17 56.09 1o9.65 11I.JD -62.13 --_- 13o n w.,lb. -- p -e196 t1o03 CI I r = 41, Y 1--•1 U'' m 43 110.42 7 r---- 109.44 1 s a-Of-M E ' 1. ` • N !YI _. • 109.9e a lo•p a Tgl tri '', E 5 N e_12-20 8lilt's I D G - - - - �.o uJ.0 r .-{Ipas. m • e 3 2I S7.9aIS1.09 fos.7e 106.02 es.2e a. E ROAD 1a sl. I I _ D(41.3t 106.72 1o7.73 4331 --1 I I . r-i! - - a _ 105.77 _---- -_ _-- I I I . G III I I i c o a a n men um m 1- I - - • o lelsl u e + -o I u - N - - - I - - - i v' ly ,tort.ISM,�n r A U) O "t N 4 N ♦ I/ N 0' u. j co 11 I 1 I - Is S m S I I • P I °° ws.es- -108.Og 12.75 •-n..,I 1 I m wet Ota,Emma' 107.e1 -- -_- =00.7e 4 9e.OS_ 114.1}_ __ _ I --- N 3-26-20 W --- �1'r•yam,'-s 102.39 3.56 J101.10- __- nagsI • ' I27 w 8 N 5-03-31 E N 10-24_- ---- 11 ---- - 103•e0 W N1-00W I 16 1e0.23 0 4 0 11 e-13� 3 26 E. 104 31 Z04d-- 101.b W N 7-11-35 In I r 8 N 6-56-42 E N0NTN N 1-00 . I _Q I 1Q2 .I.. Y P - I e - �' • �4 I + m Io i m v 5 m to 4. u m N T• i 3 t - R C u N 1T. N . I ` S L N N 1 Is I I S 1 100.32 o ___ L-_--_-D9'- ----_ ynwytw. jy- -� 101 J I cs let I 10'+ 106.29 Ja.J '- ----- ---- --- 103•e3 - I - 14 8 • 70.05 7o.eo I O. /C 104 IOs 64.66 6 a r I §4 atl �• _ - - _ . -!}- i I . 201 I 100se I 100 24 es.ls O Q K HILL DRIVE 105.21 105.43 I, I - \ ` 5i I-- ---- __ w.oJ__ts.19 IID.a3 11o.aa �.� -_-_- i is I . __ _ s N s _ L__ N •.,to�91���1 t'�/a :- - »n1w.�,u.l Y I�_ 5INI` •s 201 a 1 97I Ipp a 3 I P a t .r I. m P U ;N a e u N m YI f I: N 00 03-46 W .� ig �1� k 1 I ,o rt.Wally m lya.. ."t I I L L m.o. f II L131.20 _T I 100 1 100 103.29 114.25 11E.95 _ 113.89 1.4;jt1-- 1QJLJ 51 5----2Ot •r . s. I Is e.O...l.4 500.01.43E 500-00-I3E I �,- __ __ 7- ,4,_00-03-Z4 E 497,,24 - - '', "''__ -_ S_00-04-39 W 493.92 _•.•„_. , _•.__._ S00-02-20 E. 44Q.86- --TA - I NORTH WHITE CHAPEL BOULEVARD 1 41l -aI I - I r',1I eel.igiad 550•u+s1►n pa I 1° •NIV1.95 w Ltx wt el I .•�� i I L� oc+., I 1 • 66190£I Al SZ--I£-69 S AA.. - J /y u9.JV r Zl'06 99l - Olt I I- ~ _Olt 14 Olt Zet/ �// •01 • "aCI Van NVS = Olt I I Olt Ott Ott 1 a 99..903 Lunn V al r//; y•r, :es slo of 5� 11 Z N�18 s 1 e 's'So7'r~'ot //: SiG 5Z 1 tl "''a Zl fl `I I ♦l 51 91 Lt .'.- I 91 n 61 ///P v OZ t H-I o r,,.,nii:o� - �+ Ysoaoos ysozobt 1lrsozoii vsoai'it ysosoiy • �Hft i[nrn il ew 0 __ //1 8 -I, 11 rsase p Ot - co. '_ - I 1 •an Nom-u 9r I mcc'r // ''s Iy / rcty - ----- p .!_._ / 4' �� ou ou I ou Ott Olt Otl mt rc� ¢-; \ wl"Or*v a �i•r 1 •.' - rc� _ _ _ _ _ • _ 3NVl SkVO N331` . _ . _ `ram' �t 9o-e►-69 N zr [Z-9t -�..- 1 exivi IWI ast I a os� eL SZ-lr-iY s Arr.. ;9,1I.a.9 r 1 NI OI '" .I r luysiz9bZ\ o 99z9t I 6.LTel r o set I I ICY•91 .. z ¢ / III I.P. P .., 6OD N.rt..g ` I r�oaLs .`V o s's//aoZ I kA N�c ( Y. �s9nf ' tZ • N .+tea 4r1 L n- o t .. i N .rwu►•w C .r. o �! a t� 11 - �1 k o , a..a no.iT'S N , 6 l is Ot .1 I I Ito r - 3 lc l YSQ/s a III- 1 0,0� \e", 1 yJ9s4b2 �I}I 1 I s's,s/oe $ -z , zo ooz iI z l .•1-9C-69 s f I n•1-g9-69 S z I` • .L-ae-6ax I o I 1 -- -- I �+ I I� M•.-99-69 6 i 8I 1... 1 •o"9m zIl I _9:61 i I I ca'c91 = I9►99tIN _ I1"' - 0 6 1 $1 , v I Y S5ESof NI11to 'r SK£c2 I 1 a ( 1 h! 13 a-99-a9 N m l �° • Imo.Nwn L•It I I o f 9 0 I v 1 &' ► '8i I 9 4 a IL 1 g -i I 90Z9t +.I >' 1 I I 1: v g I o Ay,i. 1 t.t l a ys t000Z n O t+ �� I 96•fioz I I. I 1+.•�vnaLo.¢III I t I I bs soo" 2 1 mI, g 1 ` L- 8 L I g I: I CV"' z Laval I ,' I 99Y91 z Brun I oh I �sisio2 1` 1 �•st*oog Y 1 1 _ 1 g • E- . I Y I = sstoo'oZ 1 <.•. 1 �'s6r?/cE • 1 1. g 8 1 i $ IoI L Z.'• 1 S Z1 1 ^�j` 1 � r— I Z Ic u'•oz I v I 1 L `- 1 I S!•s3�1'02 i !i ` I �soioe2 L 8 1' �hvt AMR ve.�=lr I; •v c I u 1 n I ; 1 n i w+i alas L oto I q • N ZZ•6al 1 II I. 9 a�u k. T OS'L6l 2 j 0£161 I a , ' I DBl 1 . s•s oci oz o / q�1 y's sci 02 p /! ..e.rc/02 1 ' m' NI 1 b•szLooe 1 t1 8 ' 271 � 1 1 1_ 1 Y I t I 1 80 0 .5 110 El 7 1 9 fi I1'' EL 1 CZ . Ir�* 'tn a = o zI'c9I 1 a i 1 1t.I 1 .j ,- ,a.. o I I '' sr&otoZ 1 I S I s•s az,of J Ip o v c 1 u .l. I 9►•B61 I / I . `'-- I s .i a. I I o S t o i• z a 99zfit o I l••at1 z - 9•zel I 1 II - 4".sifebe 1 IZ : 1•rs#[td oz k:1 14 •-n°6 of 1 S tr I ' - 1 b•s*so od `1 i_ 1 I 1 w tzz 1 z.' In Rosso% ?o I .c I S N-'I 1 rt . I I. • r I S 1 Io i ♦I 1 g • 119 / 1 ' /1rrtt to ^ e 9o'Itl K _I. I ,,, I l . ` I„ ~ In.�r c.In v a1 �I I~f oo,o I I, a 1 =.. 0..., I L•.13 e 17 - r [J I S �Iv�4.n L o1 1 •s•S S Z hZ J ` !•S 50/"OC ' ¢ m -to S �I a •� I (; 961 I-i 99Ta1 I '� -I -in t� 1 •w I . C__--1 O E. ♦ 1 z a 1- , 09Y91 = L•T9t tt I _I •• I f C I Iy g f $A Ito, N30191 a l . It r I I-, I zIv 1 N r e '"rrs/t�t Fl I . , �1I It SI 1 m•. g I sarooa'ot $ 1 1$s•ecfeot r I o n. 1 ono co+ 14 I 1 s•svof oz I Iv sssts oZ 1 V 5N I, a if > I I w St r I. $ 1 A o p tc,t1 1 � Zal I I lG 1 I o ; I I I I f l - l GZ' s 8 O I 9a lal 1 . I F I 1 I Ys ost tt 4 L f II S x, 1 s r c/o oZ ocll 110 'rs ioO of S I 1 uzat z I n•L9t 1 1! 1 III<• & 1 C I i s 2co of 01 1- :v.,is o of I - ? ® I crcoo .7 1,-./OIOZ I 0 0• 1 1 0 9l $ >n iceisir ss 1 1� 1 " $ f Y 1 Ig 91 j K u1 >'sVia'st w =1 0011 1 rrcet z �� l[[9l I I .. ti al I X3019 1 �.• I�,.. yo 989-s' (� Z . y ssf/0'0f7 1 V$yfsfOotITh 4 Arm sot '0 1 - r $ I • Z i 31 1$ Li t 1 :re/food :lit " 1 G►Ttz. I E i y s o// Z I ;c I 5'i 1 1 N cR�'°p a 1 Z L,'I I! Ll 1 $ 1 7/C Oh" Z 81 •. 3OV 1d s l tt•t-9s-an s l I I M►t-9s�9 s O 1 S . 1 s I I y s t>7o'o? I Y �; 1 LZ I a _ 99 Sit I •> I •csat " •1-99-69 N o I .1 1 I 1: I I 1 ws st/lZ I z• I I cz J I' L9Y91 I '= I M n-9s�9 s 3•1 -a9 N I C I I Z x VI Ip t I I, o I 1 oy I� 1 I fic•r91 z y trt 1 { az 10z I s r 1 I: .n a.�a vot I 1. .: ° 1 rs¢cs it 8 I:f 91 18 . - I m 1 I S i•s ill In I - .` I vs is o of I p -------mtp N 1+•----9�•rmvc'd-�• t-ol2'-t.TB-I:.:.s•S9lStZ i .'�'i IX 8 CI 1 YYoso'az =1 1' .n.snLtz 1 o I` � I �1•+r�va oI I oo! 3d'/H3 < 1.3 -2 — I-96 — ,C[_ . _ec.` -IC'CQt---- LYE-- I an _ I+ [el I <in tort 3 11-99-69 N ''I .f.�� A.a.. . %hi+.�J<Ian L s y., -- K 1• 1 9L'9ol I YAt I r. BI.►9 t N '��.b..I�--._a, .,_ . _ . 3►1-99-a9 N wr stt J L I• bur/ 2'B9 t _S 3n1a0 swaoa �3dvl•10 4. C- ��---�I"- -zr•sa- 11��•t rout 6Zt eZl 1 t fizz aZI I 964Z1 I m I°� a71 - •I.n-9,4909 v 9Fr1r z m - _ I 0 0 - i•iscf oe ;re sari?, .rsntbt a ,Yiztod iz,z,,tJ a szsioe I re I l w Z N C m - ♦ o S IIO g L B 11 6 01 o l: 1 •N Elle S S A $ ' 81 1 s rrossot 11- 1 N0018 Ill 1 1---.1 1r(Ass,z :es rr1si'or �srr9l"z 1I [III 1 t•.n+•s•alLaeln v o1 II E I \ I•} p�p�-!-- not -j 00tI sot - au -1r 9Z1 501 1 6z1�T�--�Z,l- azt 501 - • b£ZZ£l 3 1•L-92-69 N III •. a ! MEMORANDUM (G/ I ,9O June 11 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Engineering Contract with Cheatham & Associates For The Relocation of Utilities Along FM 1709 Attached is the engineering contract with Cheatham & Associates for the design of the relocation of utilities along FM 1709. This contract is being submitted for consideration by the City Council at this time in order that construction can begin in November and be completed in early spring. The engineering cost is based on "Curve A" (7. 6% x construction cost) , published by the American Society of Civil Engineers, which is used as a standard in the industry in computing engineering fees. The cost breakdown of the project is as follows: Preliminary Construction Cost $995 , 000 (Cost estimate by Cheatham & Assoc. ) Engineering Fee (Based on ASCE Curve A) $ 7.5 ,50U. 101,00°' Surveying Cost $ 26 ,50 TOTAL COST $1 ,097 ,000 The engineering and surveying cost is to be paid from the Water Improvement Fund which has an existing balance of $217 , 000 . At this time, it is not known how the construction costs will be funded. The proposed time table is as follows: - Design Contract Approved June 19 , 1990 - Preliminary Design Phase Complete Aug. 6, 1990 - Final Design Phase Complete Sept. 21 , 1990 Bid Award by City Council Oct. 16 , 1990 - Start Construction Nov. 5 , 1990 - Construction Complete (est. ) Apr. 1 , 1991 The above schedule is based on normal wet and cold weather days for this area. Please place this on their June 19 , 1990 agenda for consideration. If there are any questions , please contact me. Atfib MHB/ew City of Southlake,Texas RE•SOLU I ON_NO-.9 0 -4-7 1)14\ 1-'y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN ENGINEERING SERVICE AGREEMENT BETWEEN 1 THE CITY OF SOUTHLAKE AND CHEATHAM AND ASSOCIATES, FOR FM 1709 WIDENING UTILITY RELOCATIONS. PROVIDING AN EFFECTIVE DATE. x� ti THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That the City Council hereby approved the Engineering Service Agreement between the City of Southlake and Cheatham and Associates, in the form attached hereto as Exhibit "A" , and authorizes and directs the Mayor to execute and have delivered, such agreement to Cheatham and Associates. Section 2. That this Resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED this the day of , CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas /4%2 City of Southlake,Texas MEMORANDUM June 11 , 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Austin Oaks Temporary Access Plan Attached is Austin Oaks temporary access plan. As can be seen from the proposed plan, the developer plans to install curb and gutter along the west side of the proposed private road terminating at the highway frontage road. It also indicates that curb and gutter will be installed along the east side of the radius where the frontage road intersects with Highway 114 . This configuration will make it very difficult for traffic to enter from Highway 114 to the proposed private road. This plan is being submitted to the City Council for their consideration at the June 19 , 1990 meeting. 47/C MHB/ew /9-/ r ��jj, /G 8 Vern/are No. 3 PW '' / Yo% 78597 P9. /476, -.-E / , per.osed 4,11scle,oeJ .. End Cure 41 GuHer0 g ag/. , a, �ee�`e ,t-.sue. Line, ii Q 1?9 G • /C`''`• 6 -......... ...(.7.st ,1 .,, ;.. rn1 -s ce I • ''.9 • oo�'Sfi�jQ• �ii>e 'P • cve I � X�4,sfdr� T '7dI 9 � P ed�� Nec f ase/ ' p e/-o • i / 1 S7,gT • • x4 . Sri 3y.r' S • /g- city of 5outniaKe, texas MEMORANDUM• Nig5° June 11, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Lemke Developers Agreement Attached is the Lemke Developers Agreement. Please place this item on the June 19, 1990 agenda for consideration. If there are any questions, please contact me. Arlie MHB/ew .a2D —/ City of Southlake,Texas LEMKE SUBDIVISION DEVELOPERS AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the undersigned Developer, hereinafter referred to as the Developer, of the Lemke Subdivision to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 1 lot contained within the Lemke Subdivision and to the offsite improvements necessary to support the subdivision. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this agreement. B. This section was not completed prior to getting the agreement into the council' s packet. This section will be completed and furnished to the council prior to Tuesday' s meeting. (THIS SPACE RESERVED) C. The Developer will present to the City a performance bond and payment bond meeting the requirements of Article 5160, Tex.Rev.Civ.Stat.Ann. guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction costs of all of the facilities to be constructed by the Developer. The performance bond shall provide for payment to the City of such amounts up to the total remaining amounts required for the completion of the subdivision if the -1- City of Southlake,Texas Developer fails to complete the work as required hereunder. The value/amount of the performance bond will reduce at a rate consistent with the amount of work that has been completed by the Developer and formally accepted by the City. The payment bond shall be furnished solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for by this agreement. A performance and payment bond from the prime contractor will be acceptable in lieu of the Developer' s obligations specified herein. D. The Developer agrees to furnish to the City a maintenance bond amounting to 20% of the cost of water, sewer and drainage facilities and a 50% maintenance bond for street paving, where applicable. These maintenance bonds will be for a period of Two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenence bonds will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. E. Until the performance and payment bonds required in Paragraph C have been furnished as required, no approval of work on or in the subdivision shall be given by City and no work shall be initiated on or in said subdivision by the Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part hereof. It is further understood and agreed that until the City accepts such improvements , City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: -2- a0 - 3 City of Southlake,Texas 1. To pay to the City three (3%) percent of the construction cost for inspection fees of the water, streets, and drainage facilities, and sanitary sewer. It is agreed by both the City and the Developer that the City will pay the following testing fees and the Developer will be responsible to pay for all other testing fees required by the City not listed below: a) All nuclear density tests on the roadway subgrade (95% Standard) Trench testing (95% Standard) shall be paid by the Developer. b) All gradation tests required to insure proper cement and/or lime stabilization. c) Technicians time for preparing concrete cylinders d) Concrete cylinder tests and concrete coring samples Charges for retesting as a result of failed tests will be paid by the Developer. Fees are payable prior to construction of each phase, based on actual bid construction costs. The Developer will be responsible to pay for all inspection fees when inspection is required on Saturday or Sunday. These fees are considered over and above the 3% inspection fee as stated above. Acceptance of the project will not be given until all inspection fees are paid. 2 . To delay connection of buildings to service lines or water mains constructed under this contract until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintain the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice should the Developer fail in this responsibility, the City may contract for this service and bill the -3- City of Southlake,Texas Developer or Builder for the reasonable costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to third parties, 120 days after Developer has notice of costs. I. Any guarantee of payment instrument (performance bond, letter of credit, certificates of deposit and/or cash deposits) submitted by the Developer on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. Developer shall keep said performance and payment bonds, letters of credit, certificates of deposit and/or cash deposits if full force and effect until such time as developer has fully complied with the terms and conditions of this agreement, and failure to keep same in force and effect shall constitute a breach of this agreement. In this connection, all letters of credit furnished hereunder which expire prior to completion of construction shall be renewed in amounts designated by the City and shall be delivered to the City on or before the tenth (10th) day before the date of expiration of the then existing letter of credit. If the Developer fails to deliver the renewed letter of credit to the City within the time prescribed herein, such failure shall constitute a breach of this agreement and shall be a basis for the City to draw on all or any portion of the letter of credit. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer' s Agreement within the City of Southlake regardless of such company' s authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. -4- a20's City of Southlake,Texas II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of Lemke Subdivision to the City of Southlake. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer' s engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost. Additionally, the City agrees to provide temporary water service, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer' s engineers, approved by the City Engineer of the City, and made part of the final plat as approved by the City Council. The drainage facilities shall be in conformance to the City' s Drainage Ordinance No. 482. C. STREETS: 1 . The street construction in the Lemke Subdivision of the City of Southlake shall conform to the requirements in Ordinance No. 483. Streets will be installed in accordance with plans and specifications to be prepared by the Developer' s engineer and approved by the City Engineer. (Section C-1 does not apply to the Lemke Subdivision since all accesses are private drives) . 2 . The Developer will be responsible for: a) Installation and one year operation of all street lights; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a -5- City of Southlake,Texas type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by an engineering study performed by the Director of Public Works. 3 . All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement. All utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage septic tank facilities to service lots as shown on the final plat of the Lemke Subdivision to the City of Southlake. Sanitary sewer septic tanks will be installed in accordance with the plans and specifications to be prepared by the Developer' s engineer and approved by the City and/or the Texas Department of Health. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. -6- e2D— City of Southlake,Texas III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims , suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of any injuries or damages to persons or property, including death, resulting from any failure to peoperly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors , subcontractors, agents, servants or employees. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City engineer signifies the City' s approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of five (5) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer' s designs and specifications incorporated into any -7- aa—g , • City of Southlake,Texas improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This contract or any part hereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. In addition, the payment, performance and maintenance bonds in the name of the City prior to the commencement of any work hereunder and shall furnish a policy of public liability insurance. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer' s expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. OFFSITE DRAINAGE FACILITIES: It will be the Developer' s responsibility to construct all off-site drainage facilities as required in the construction plans and to furnish the the City any easements required to construct those drainage facilities. -8- • City of Southlake,Texas B. PRIVATE ROAD ACCESS AND UTILITY EASEMENT: It will be the Developer' s responsibility to construct an all-weather private access road with a minimum width of twenty (20) feet as required by the Fire Code. The Developer will also provide a mimimum twenty-five (25) foot private access road and utility easement for the construction of the private access road and water line as required in the construction plans. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: CHAPEL DOWNS JOINT VENTURE By: Title: Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: • -9- tally UI 1IW% , ICAd MEMORANDUM re ejved June 15, 1990 1 (% /s qo /4" - TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Nonconforming Lots As mentioned previously in my memo dated June 4 , 1990 , the issue of nonconforming lots is coming up more frequently. Many lots do not conform to the minimum lot size of one-half acre. This is further complicated by the unavailability of sanitary sewer in the near future. The property owners are wishing to sell these lots, but they would like to assure the purchaser that they may build on them. According to Ordinance No. 440, the minimum lot to be served by a septic tank is one-acre. However, in reviewing the Texas Department of Health' s "Construction Standards for On-site Sewerage Facilities, " I found that for platted subdivisions after January 1, 1988 , and served by a public water supply but utilizing a septic tank, the minimum lot size is one-half acre or have a site-specific design by a Registered Professional Engineer (R.P.E. ) or a Registered Professional Sanitarian (R.P.S. ) and approved by the Department. Section 301 . 11 (f) (2) (B) . For those platted lots smaller than one-half acre that were recorded prior to January 1 , 1988 , an on-site sewer may be permitted if an investigation by a R.P.E. or a R.P.S . can prove that it can be operated without causing a threat or harm to an existing or proposed water supply or to the public health. Section . 301 . 11 (f) (2) (D) . Copies of these documents are attached for your review. City Attorney Wayne Olson indicated that he would be prepared to answer any of the City Council' s questions regarding this matter on Tuesday night. KPG CITY OF SOUTHLAKE, TEXAS • ORDINANCE NO. 440 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS REQUIRING THE INSTALLATION OF SEWERAGE COLLECTION SYSTEMS AND REQUIRING CONNECTION TO THE CITY'S SEWER SYSTEM UPON AVAILABILITY OF SERVICE; REQUIRING ALL LOTS TO BE A MINIMUM SIZE OF ONE ACRE WITH AN APPROVED SEPTIC TANK WHERE CITY SEWER SERVICE IS UNAVAILABLE; PROVIDING A SEVERABILITY s: CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000 . 00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EMERGENCY AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1 . Required Connection to City Sewer System. • a. Service Available Upon Development- All property within the City developed after the effective date •of this Ordinance shall be connected with the City' s sewer system if, at the time of development, a city sewer line has been constructed or extended to within one hundred feet (100 ' ) of the property line. The connection to the City' s sewer system shall be a condition precedent to the granting of any certificates of • • occupancy for the property being developed. b. - Service Available After Development- In the event a city sewer line is constructed or extended to - within one hundred feet (100 ' ) of the property • line of any property within the City after such - property has been developed, such property shall • be connected with the City' s sewer system within ninety (90) days of the city sewer line being constructed or extended to within one hundred feet (100 ' ) of the property line. c. Service Unavailable- All property developed within the City, the property line of which is not within _ • one hundred feet (100 ' ) of a city sewer line shall - be developed in accordance with Section 2 of this Ordinance. • 03I0 $ Section 2. Property Not Connected to City Sewer System. • a. Minimum Lot Size and Required Septic Tank- All, - property developed within the City prior to or after the effective date of this Ordinance, the property line of which_ is not within one hundred feet (10-0':) of an available city sewer line, shall be a minimum lot, _size .:of one acre and shall be served by a septic tank-- installed and maintained in accordance with all applicable federal, state, county and City regulations. b. Availability of Service- Upon a city sewer line being constructed or extended to within one hundred feet (10 0 ' ) of the property line of - r toDer`ty served by a septic—tank,- -such property shall be conzoc-ted to the City's sewer syttem in accordance with the iovisions of. Section lb of this Ordinance. Section 3. Required Installation of Sewerage Collection Systems. Irrespective of whether the development is located at the time of development within one hundred feet (100 ' ). of an available City sewer line, the developer shall install a sewerage collection system that extends to the --__ development ' s borders and throughout the development that coiforms._to the City' s master plan and the City's master design standards arid- all other applicable City ordinances and State and Federal requirements . The requirements contained in this Section 3 are in addition to the requirements contained in Section 2 above . Section 4 . If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the .City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions. shall remaih in full force and effect. Section 5 . That this Ordinance shall be cumulative of all other ordinances of the City 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. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a .misdemeanor and - upon conviction thereof shall be subject to a . fine in a sum not to exceed -Two Thousand Dollars ($2,000 .00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. .` -2- - ak a Section 7. The fact that the present ordinances and regulations of the City of Southlake, Texas are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of Southlake, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare of the public which requires that this Ordinance become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED by the 'ty Co 'ci -f ty of Southlake, Texas this the .5 -ay o I , ' AI 1988. if . t. • - . -‘vaiTailifdirla ' Ma`- r + . . . •y •H. . ^esterholm _ _ Ci , •f Southlake, Texas AT ST: ,�•.�'cs,v K r so.,,� r �/ ZilAti /41 " ..1_,,,LA. :".. City Secretary • '�'� _ - City of Southlake, Texas.•:.=: . . ' [$FAT•, �����///i74..* �����```, - APPROVED AS TO FORM: 2-'— '6' . . - - City Attorney City of Southlake, Texas - Q - - First Reading: '� /,. cQ/ n l - / _ Second Reading 1 ��p and Approval: ��....4 f .. 1 . - - . - . . . . . . . . . . - - . . _ . • - . • . -3- b O 2 $ O •/ 3 continuation of 301.11(f) (2) (A) (/ ✓ (iii) development of operational data and maintenance n tructions; and (iv) all research and development data that has been verified by published results of a recognized college, university or research • organization. (B) All expenses in connection with research, pilot projects and/or demonstration projects must be borne by the activity submitting the innovative design for review. (3) Approval of proprietary systems. All new systems which deviate significantly from these construction standards shall be reviewed by the Department for their installation and use suitability. Notice of disapproval by either the Department ar the local regulatory authority shall prevent such facilities from being installed. Categorical approval of Proprietary system will not be granted by the Department. (4) Residential lot sizing. (A) General considerations. The failure of an on-site sewerage system may be caused by a large number of circumstances, including inadequate soil percolation, improper construction, design, installation and misuse. The single most important factor concerning public health problems resulting from these failures is the residential dwelling density which is primarily 1 y a function of lot size. The failure of a system in a highly ocpulated area is the funda nta1 cause of public health hazards resulting :ram cn-site sewage disposal. Surfacing sewage provides a medium for the ransmissicn of disease and the fact that many people are in the vicinity cai' P,s concern over the spreading of disease. Sewerage systems using soil absorption for effluent disposal are more likely to malfunction in high population density situations because the soil available to absorb or evaporate the effluent is limited. The failure of an absorption system on a small let can be financially disastrous to the owner because the lot may not contain sufficient room to construct a new absorption field in a new location. - (B)- Platted subdivisions served by a- public water supply. ---. Subdivisions of single family residences platted after January 1, 1988, and served by a public water supply but utilizing individual subsurface methods for sewage disposal, shall provide for individual lots having surface areas of at least one-half acre, or shall have a site-specific design by a Registered Professional Engineer or Registered Professional Sanitarian and approved by the Departmnt or its designee; .In no instance, shall the area available for such system be less than two times the design area. The surface area must be free of remisictions indicated in Table I and those referred to throughout this publication. • (C) Platted subdivisions served by individual water system. In subdivisions platted after January 1, 1988, for single family residences where each lot maintains nta i*s an individual .water supply well and sewerage system with a subsurface soil system, the plat shall show the approved well location and a sanitary control easement around the well within a 150-foot radius in -thick no subsurface sewerage system may be constructed. A watertight sewerage 8 continuation of 301.11(f) (4) (c) • unit or lined evapotranspiration bed with leak detection capability may be placed closer to the water well than 150 feet, provided the minimum separation stated in Table I is not violated. To minimize the possibility of the transmission of waterborne diseac due to the pollution of the water supplied • for domestic use, each lot in a platted subdivision shall contain not less area than one acre, or shall have a site-specific design by a Registered sterad Professional. Engineer or a Registered Professional Sanitarian and approved by • the Department or its designee. In no instance shall the area available for such systems be less than two tines the design area. The surface area must be free of restrictions indicated in Table I are those referred to throughout this publication. (D) Tlhe construction or installation of an on-site sewage facility on a lot or tract that is smaller than the size required' in Section 301.11(f) (4) (B and C) of these standards shall not be allowed. However, on such smaller lots or tracts, recorded with a county in its official plat record priorto anuaty 1, 1988, an on-site sewerage facility may be permitted to be constructed and licensed to operate if it meets the following criteria. It must be demonstrated by a thorough investigation of a Registered Professional gineer or Registered Professional Sanitarian (either having demonstrated expertise in on-site sewerage system design) that an on-site sewerage facility on one of these lots can be operated without causing a threat or harm to an existing or proposed water supply system or to the public health, or creating the threat of pollution or nuisance conditions. (5) labile here parks and multi-use residential developments. Mobile home parks and multi-use residential developments which are owned or controlled by an individual and which rents or leases space, or mobile home parks and multi-use residential developments which are sold but ownership and control of a central water system and/or a central sewerage system is vested in a responsible entity, may utilize smaller lots than stated in paragraph (4) (B) of this subsection provided an overall sewerage plan is submitted to the Department or its designee and approved arid water is supplied by a central water system. Parks and developments of this type may connect no more than 20 units to a single sewerage system, provided the system is designed by a Registered Professional Engineer or Registered Professional Sanitarian. The total anticipatedsewage-discharge shall- not exceed 5,000 gallons per day fro the connected homes and the sewerage facility must conform to the definition of on-site sewerage facilities in subsection (b) (21) of this section. Individual home sites must meet the requirements in paragraph (4) of this subsection unless applicable under this section. (6) motions and variances. Requests for exemptions or variances of any part or parts of these Standards for the design, installation ation or operation of any on-site sewerage system shall be considered on an individual basis. . The burden of proof is. the responsibility of the Register Professional Engineer, Registered Professional Sanitarian or other aualifie individual responsible for the design or installation of the system under consideration. This individual must demonstrate to the satisfaction of the Department or licensing authority, that the exemp*ion or variance has been requested because conditions are such that equivalent protection of the public health and environment can be provided by alternate means or construction features. Any such request must be accompanied by sufficient engineering or • 9 .2/-d City of Southlake,Texas MEMORANDUM June 15 , 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Appointments to Board of Adjustments Resolution 90-41 Resolution 90-41 , allows for appointments to the Board of Adjustments. The term of Ernest Johnson has expired, as well as the terms for the alternate members, Dennis Minder (alternate 1) and Bill Stoner, (alternate 2) . Also, this week, I received a letter from John Scoggan who has resigned, effective immediately. His term is to expire in 1991 . Ernest Johnson indicated that he would like to be considered for reappointment. Bill Stoner stated he would possibly be moving from the area, therefore, would not like to be considered for reappointment. Dennis Minder has submitted an application for reappointment to the board. I have enclosed the applications which I have received, which are within the time frame allowed. If you have any questions , please do not hesitate to contact me. SQL /sl City of Southlake,Texas RESOLUTION NO. 90-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENTS. PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake has a Board of Adjustments as stated in the City Home Rule Charter, Chapter XI, Section 11 . 02; and, WHEREAS, the Zoning Ordinance No. 480 , Section 44 , calls for a five (5) member board with two (2) alternate members; and, WHEREAS, currently the two year terms of one (1) member and two (2) alternate members have expired; and, WHEREAS, a member, John Scoggan, has resigned, leaving his unexpired term to be filled; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That all the findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in their entirety. Section 2. That currently the term of Ernest Johnson has expired, as well as the term of alternate members, Dennis Minder (alternate 1) and, Bill Stoner (alternate 2) . Section 3. That the unexpired term of John Scoggan needs to be filled. That term is to expire in May, 1991. Section 4 . That under Resolution 90-41 , the City Council hereby appoints the following as new members to the Board of Adjustments. with term to expire 5-92 with term to expire 5-91 alternate #1 to expire 5-92 alternate #2 to expire 5-92 Section 5. That this resolution shall become effective after its passage and adoption by the City C3W-0) City of Southlake,Texas Resolution 90-41 page two PASSED AND APPROVED this the day of ,1990. CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas - CITY OF SOUTHLAKE APPLICATION FOR APPOINTMENT TO: (name of board, commission, committee) : .� ZONING BOARD OF ADJUSTMENTS (use a separate application for each appointment desired) Name: Stephen W. Apple, Sr. Address: 2819 Rainforest Court Southlake Home Phone: 481-5490 Years in City: 1 Employer: IBM Corporation Phone: 214-620-6794 Current and/or previous board, commission, or committee experience in the City of Southlake: Capital Improvements Advisory Committee Reasons for desiring to serve on this board, commission, or committee , and your opinion as to the purpose, goals , and duties of same: Strong interest in the direction of growth for the City of Southlake. Purpose of the board is to ensure implementation of the master plan with sensitivity to the needs of the community and changing environment. Qualifications and experience that would assist you in serving in this position: Leadership Southlake graduate; member of Capital Improvements Advisory Committee; management experience. Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? YES Additional information or comments: Please return this completed form to the City Secretary' s Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature: ; .�T/ f� Date: 5' /� 9J' C6 �`f giantCITY OF SOUTHLAKE JUN 1 4 1990 ' APPLICATION FOR APPOINTMENT TO: (name of board, commi OFFICE OF ��prSEC`�ETARY��� committee) : Jv"` c. l?neF A taj057M'=V'7 3 (use a separate application for each appointment desired) Name 49/C. Address: 'g �/-4.A1,00 C f () /?nX /cr Home Phone:,_? 7 9- Years in City: � Employer: _5-4:7 Lam" Phone: 4/g/-35/ ( , Current and/or previous board, commission, or committee experience in the City of Southlake: /'r zc.7 Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose , goals , and duties of same: %T�'f'. �4 �i� ram" `%_L ' .�� cO /rf Cf-, 7 / Qualifications and experience that would assist you in serving 'in this position: ,J, `„per 4-,4F.);=e-Dp;-/ .4 T4E:.. //rp.0/t'.S PA.PT y //s/ et'°9F//9 _ /G HeE7—q S7 L 72 Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? S Additional information or comments . Please return this completed form to the City Secretary' s Office. Each application will' be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature. � - Date: / G O D o CITY OF SOUTHLAKE JUN 12 1990 '-•= OFFFICE OF APPLICATION FOR APPOINTMENT TO: (name of board, commiCalCoSECRETARy7 committee) : ' { y.kl`� ._ G .rr rs ',fit. ��.i/r✓�� /�':-.�: _-l'. •�: �•. ( Z . r.� •{'"(;7: •\ (use a separate application for each appointment desired) - Name: ,13 , /- r Address: c,(_ - r i -i. 71 ;11 Home Phone: 4/j / 7"/`i 7 Years in City: 1 Employer: c; :r1 i '.~, / .c=S Phone: Current and/or previous board, commission, or committee experience in the City of Southlake: / �= i'� 1 _ ivaT A-if.:?',' Reasons for desiring to serve on this board, commission, or committee , and your opinion as to the purpose , goals , and duties of same ai / i�jc.,; ./,) �;�, . < r_ ;--•.i ��/li_h!��-.'� C�`� /= ll� G.. l__ l'�.• :,. `! :.'t�r` c: .;i A. 4 -' -i /-71(1-/L/ ;21 6 V.41.1,4;!-4- 1c 14` Ls-.%,:' i.-1.77 r, N' S Ct-i..r r''r r g S 1 7if16 Qualifications and experience that would assist you in serving in this position:fkr=?.',' =�(__5 ��. ','��� !'-!_;`it; , F"f 1'1 L ra- =t 1T7_ 5:. 't�fLifl 0(0 l/L' /.;6 •TI;t n r/ e-c i'.Ai 'i'-c a , ;-'i A c_5,/ ^' ` (:t--i,t. 7-&-D ilk- 5 i/ C;. '"7= /) -r�? L 1 Z�c Y CS•vc his 5 `L7 c C 7 a;A-; i!A%;C; a ,C',"3 i ce`77C,t: T�-• i CZt,.'e27) Do you and -rlea d ali'd agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? /C� Additional information or comments: Please return this completed form to the City Secretary' s Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. ify7/26.\_ Date: G/. 2-/7°/Signature: City of Southlake,Texas MEMORANDUM June 15, 1990 TO: HONORABLE MAYOR FICKES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution 90-50 , Appointment to Parks Resolution 90-50 , in your packets, filling the unexpired term on the Park and Recreation Board, which is to expire in January, 1991 , is for your consideration. I have enclosed the applications which I have received for this board. If you have any questions, please give me a call. LL/sl City of Southlake,Texas RESOLUTION NO.90-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE., TEXAS, APPOINTING A MEMBER TO PARK AND RECREATION BOARD. PROVIDING AN EFFECTIVE DATE. WHEREAS, a Parks and Recreation Board was created for the purpose of Planning and Developing Parks and Park sites within the City of Southlake, Texas, for the use and benefit of its citizens; and, WHEREAS, the Parks and Recreation Board shall consist of nine (9) members, to serve staggered terms; and, WHEREAS, currently, there is a unexpired term to be filled; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in there entirety. Section 2 . That Bethann Scratchard has resigned, leaving a place on the board to expire in January, 1991 . Section 3 . That , has been appointed to the Park and Recreation Board for a term to expire in January, 1991. Section 4 . That the appointment is to be effective on the day of approval of this resolution. PASSED AND APPROVED this the day of , CITY OF SOUTHLAKE, TEXAS By: Gary Fickes , Mayor ATTEST: Sandra L. LeGrand City Secretary City of Southlake,Texas MEMORANDUM June 13 , 1990 TO: Curtis E. Hawk, City Manager FROM: Kim Bush SUBJECT: Voting Representative to NCTCOG' s General Assembly Under the Bylaws of the North Central Texas Council of Governments, each member government is entitled to one voting representative on the General Assembly. The representative must be an elected official selected from the governing body of the member government. The voting representative serves as liaison between the local government and the Council of Governments; receives special publications and announcements from NCTCOG; and is eligible to vote on proposed Bylaws amendments and for candidates to serve on the Executive Board. The NCTCOG' s Regional Directory is published in July; therefore this item needs to be on the agenda for City } Council' s consideration. A voting member serves for one fiscal year (unless reappointed) . Currently Mayor Fickes serves in this capacity. He may be selected to serve again without formal reappointment (Resolution) , but if a new member is appointed, a resolution will be needed. / b 14 02 s'"f City of Southlake,Texas RESOLUTION NO. 90-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTMENT OF A COUNCIL REPRESENTATIVE TO NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) GENERAL ASSEMBLY. PROVIDING AN EFFECTIVE DATE. WHEREAS, under the Bylaws of the North Central Texas Council of Governments, each member government is entitled to one voting representative on the General Assembly; and, WHEREAS, the representative must be an elected official selected from the governing body; and, WHEREAS, the voting representative serves as liaison between the local government and the Council of Governments and is eligible to vote on proposed Bylaws amendments and for candidates to serve on the Executive Board; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. that the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2 . that , is hereby appointed by the City Council to serve as the voting representative on the NCTCOG General Assembly. Section 3. that the appointment is hereby effective upon passage of this resolution by the City Council. PASSED AND APPROVED this the day of , CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary