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2001-06-19 CC Packetf. City of Southlake, Texas MEMORANDUM June 5, 2001 To: Billy Campbell, City Manger From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: Authorize the Mayor to execute a Commercial Developer Agreement for O.W. Knight, Lot 19, west of Byron Nelson Parkway on FM 1709. Action Requested: Authorize the Mayor to execute a Commercial Developer Agreement for O.W. Knight, Lot 19. Background Information: The final plat for O.W. Knight was approved on March 20, 2001. The addition has 19 lots along the south side of FM 1709 just west of Byron Nelson Parkway. The construction is proposed on lot 19, only an office building and it is directly adjacent to Radiology Associates, on the west side. This developer agreement covers the construction of public improvements, which include an 8" water line and the extension of an access driveway that currently connects to Byron Nelson Parkway. Financial Consideration: Upon recommendation by the Parks and Recreation Board, the developer wishes to escrow $4,905.60 for an 8' trail construction along FM 1709 in lieu of the trail and the park fee. Citizen Input/ Board Review: On February 12, 2001, the Park Board recommended that the developer furnish the extra 2' to make the off road trail along FM 1709 8' in lieu of 6'. This cost is $1,226.40 compared to a park fee requirement of $800. The Park Board, also, recommended that the developer be allowed to escrow $4,905.60 for this entire trail construction across this property along FM 1709. Legal Review: This developer's agreement was originally drafted by the City Attorney. Alternatives: Approve it, deny it, or modify it. Supporting Documents: Vicinity Map Plat Exhibit Developer's Agreement Park Board Memo Staff Recommendation: Please place on City Council agenda for June 19, 2001 for Council consideration and approval. Staff Contact: Charlie Thomas. P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 CC: David Fleming, P.E., Construction Manager Mike Patterson, Operations Manager PF/ta 4 Im ' e i It:f i�j i161fih i'1' 1t �� .slid & �� f � '�-"' •�,�ifil=• 9�il�� Ili �!i � �'t �1�� � I i; 41 f 1 E :'II I I I I� II 1 may,,, 'II s l I I 11 I lii{� i I 1 � ill �'�• � # h fi I i ' i� f:i'l € I Nil I` —_ •-- _�---- � � RNtlM+,O� CR1� i a !e 1 i- I!s 1, 4 COMMERCIAL DEVELOPER 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 hereinafter referred to as "Addition" 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 Addition (a commercial development) and to the off - site improvements necessary to support the Addition. 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. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the Addition. The maintenance bonds, letter of credit or cash escrow 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 D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned herein above which are intended to be public facilities shall be vested in the City, and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire Agreement shall occur at such time that the 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. E. On all public facilities included in this Agreement for which the Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water , street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: 6 a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition 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 Developer for reasonable costs. Such amount shall become a lien upon all real property of the Addition so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney 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. H. 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 regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES A. ON -SITE WATER The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released 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 requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. 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, released by the Director of Public Works, the City, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA and TNRCC requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS The street construction in the Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 1. The Developer will be responsible for: a) Installation and two year operation of street lights, which is payable to the City prior to final acceptance of the Addition; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b) Installation of all street signs designating the names of the streets inside the Addition, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances; 8 c) Installation of all regulatory signs recommended based upon the Manual on Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction of the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means, the City is only responsible for replacement of standard signage. 2. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage 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 sewage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. 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, engineering, permits and Impact Fees. In the event that certain sewer lines are to be oversized because of City requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. E. EROSION CONTROL 9 During construction of the Addition and after the streets have been (Mr installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When in the opinion of the Director of Public Works there is sufficient soil build- up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the Addition. F. AMENITIES It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. H. START OF CONSTRUCTION Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 10 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. 5. The Developer, or Contractor, shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A Pre -Construction Meeting to be held with all Contractors, major Sub -Contractors, Utilities and appropriate Government Agencies. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES I ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the Director of Public Works or other City employee 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 Director of Public Works 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 two (2) 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 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 Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his or her own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. 12 In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general 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. OFF -SITE DRAINAGE B. OFF -SITE SEWER C. OFF -SITE WATER D. PARK FEES: E. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. 13 14 STATE OF COUNTY OF On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: CITY OF SOUTHLAKE, TEXAS IN Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 15 (SEAL) REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The Letter of Credit must be issued by a FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The Letter of Credit must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against Letters of Credit must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. 16 7 MEMORANDUM May 9, 2001 TO: Charlie Thomas, City Engineer FROM: Chris Carpenter, Senior Park Planner SUBJECT: Recommended Park Dedication Requirements — Lot 4, Richards Addition (Mehta office building) CHANGED TO O. W KIVIGHT, LOT 19 At their February 12, 2001, meeting, the Parks and Recreation Board considered a recommendation to accept the payment of fees in lieu of parkland dedication as meeting the park dedication requirements for Parker's Corner, a 1.0 acre non-residential development. The required land dedication for this development is .02 acres of park land. The equivalent in park dedication fees for this addition, at $800 per gross acre (x) 1.0 acres is $800. Additionally, the applicant is required to provide a 6' off -road trail per the Trail System Master Plan adopted at the time. The applicant agreed to furnish an additional 2' to be consistent with the Trail Bond implementation program, which is 8'. The estimated cost of the additional 2' is $1,226.40. The applicant requested that this amount satisfies his $800 park fee. The applicant was also willing to escrow the total trail amount ($4,905.60) in his developer's agreement with Council, and that amount will be applied to the Trail Bond implementation. In summary, the applicant requested to escrow $4,905.60 for trail construction to satisfy park dedication requirements. Section 7.05(A)(1) of the City of Southlake Subdivision Ordinance states the following: "The City Council shall, upon recommendation by the Park Board, determine the applicability of a developer's payment of fees in lieu of the land dedication requirements of this section." ■ The Parks and Recreation Board approved a recommendation to the City Council that the park dedication requirements for this development be met through payment of trail escrow funds in the amount of $4,905.60 in lieu of parkland dedication. The Parks and Recreation Board at their February 12, 2001, meeting, approved a recommendation (7-0) to accept the payment of fees in lieu of parkland dedication as meeting the park dedication requirements for this development. NOTE: The Sonic development, as only a part (1.58 gross acres) of the approved Parker's Corner Plat Revision, would only owe $1,264 in park fees if paid separately From the rest of Parker's Corner. The remainder, if this option is chosen, will be 17 assessed at the time of developer's agreement for the remaining retail site. Please contact me if you have further questions. Please note also that Section 7.07 of the City of Southlake Subdivision Ordinance specifies that the recommended park dedication assessment by the Parks and Recreation Board is subject to the approval of the Planning and Zoning Commission and/or the City Council, and is dependent upon the number of dwelling units (residential) or developed acreage (non-residential). Therefore the above recommendation is subject to change dependent upon further review of a particular development or changes to the proposed development that affect the fee criteria, if any. CLC cc: Malcolm Jackson, Chief of Building Services Bruce Payne, Planning Director Kevin Hugman, Community Services Director 18 i 0 City of Southlake, Texas MEMORANDUM June 1, 2001 To: Billy Campbell, City Manager From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: Approval of a License Agreement with Dallas Area Rapid Transit (DART) for the purpose of constructing, maintaining and using the proposed Brumlow Avenue widening at the intersection of SH 26 across the DART right-of-way. Action Requested: Authorize the Mayor to execute the License Agreement with DART for the purpose of constructing, maintaining, and using the proposed widening of Brumlow Avenue at the intersection of SH 26 across DART right-of- way. Background Information: The Traffic Management Bond Program, approved by voters in May 1999, includes the reconstruction and widening of the intersection of Brumlow Avenue at SH 26. Council awarded the construction contract on June 5, 2001. In order to widen the roadway and railroad crossing, DART requires the execution of a License Agreement for the purpose of constructing, maintaining and using the proposed Brumlow Avenue widening. The new railroad crossing will be fully signalized with gates and signal interconnected with the traffic signal at SH 26. Financial Consideration: $1,320.00 DART License Fee from the 99/00 Traffic Management Bond. Citizen Input/ Board Review: None. Legal Review: The City attorney has reviewed the License Agreement. Alternatives: None, if the City is to reconstruct and widen Brumlow Avenue. Supporting Documents: Location Map Intersection Map (Exhibit "A") License Agreement Staff Recommendation: Please place on the City Council Agenda for June 19, 2001 for Council consideration and approval. Staff recommends approval of License Agreement. Staff Contact: Charlie Thomas, P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 CC: Sharen Elam, CPA, Director of Finance Rick Black, Director of Department of Public Safety David Fleming, P.E., Construction Manager Mike Patterson, Operations Manager PF/ta 2 TMB Package 3C & 3D: S. Carroll @ FM 1709 and Brumlow @ SH 26 M ,70 3 IN wnaa'I�ef• [. i�l i.M�ua:i••.....nr.-.i•-wires [ . r�.s.w•r✓..w.�..W w .� .. w...nwr•.wwry LO � 7N • aale .T • Sou I 1 ft g4 "�yrar' al I Vr } D«5"an �1 i l 1 1 WATCH LN-_ STAb•GO yp. mu p � IF• V N qs dft�z�l" .. ill Y@3} . j 3 HAlCX LCE ST/L3.00 �•�5: i �£:1�YCA K ,•Y� _ O y14" 16 :1, Y; . gF a s s QiI,Rs ?R' 43 Fa"g ��ggx. aI p= a �� s "gR� 3-gy ��84 $ x I Pi a Lpeis R pig 4 AGREEMENT 4 LICENSE AGREEMENT THIS AGREEMENT, by and between DALLAS AREA RAPID TRANSIT, ("DART"), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act"), and the CITY OF SOUTHLAKE, a municipal corporation ("Licensee"), acting herein by and through its duly authorized the Mayor or the City Manager, whose mailing address is 1400 Main Street, Southlake, Texas 76092. WITNESSETH: 1. Purpose. DART HEREBY GRANTS A LICENSE to Licensee for the purpose of widening, reconstructing, maintaining and using the existing Brumlow Avenue Crossing (the "Permitted Improvements"), 67 feet in width, extending across DART's tracks on the DART right-of-way at Mile Post 617.00 (DOT No. 789 743H) in Southlake, Tarrant County, Texas, more particularly described and shown on the plat marked Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, (the "Property"). The term "Paved Public Road Crossing" shall include the concrete crossing material, pavement, grading, barricades, medians, pavement markings, street lighting, drainage facilities, signs, grade crossing warning devices and approaches as designated by (aw DART. The Property shall be used by Licensee solely for construction of the Permitted Improvements and use by the public EXCEPT, HOWEVER, AND IT IS UNDERSTOOD BY BOTH DART AND LICENSEE THAT THE GRANTING OF THIS LICENSE SHALL NOT BE CONSTRUED IN ANY WAY TO CONSTITUTE A DEDICATION TO THE PUBLIC. Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Uses and the Permitted Improvements. 1. Consideration. The consideration for the granting of this License shall be the following: 1.01. The performance by Licensee of each of the obligations undertaken by Licensee in this License. 1.02. As further consideration for the granting of this License, Licensee shall pay to DART the sum of $1,320.00 (the "License Fee"), payable on the License Date. 2. Term. The term of this license shall be perpetual subject, however, to termination by either party as provided herein. 5 3. Non Exclusive License. This license is non-exclusive and is subject to (a) any (W existing utility, drainage or communication facility located in, on, under, or upon the Property owned by DART, any railroad, utility, or communication company, public or private; (b) to all vested rights presently owned by any railroad, utility or communication company, public or private, for the use of the Property for facilities presently located within the boundaries of the Property; and (c) to any existing lease, license or other interest in the Property granted by DART to any individual, corporation or other entity, public or private. 4. Design Construction, Operation and Maintenance. DART's use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding DART's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvements and that such presence could produce corrosive effects to the Permitted Improvements. 4.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvements on the Property shall be done in such a manner so as not to interfere in any way with the operations of DART or other railroad operations, if any (the "Railroad", whether one or more). In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvements as required shall be made a part of the design and construction of the Permitted Improvements. The Railroad shall assume future maintenance responsibility for all grade crossing warning devices following installation by Railroad's contractor, subject to reimbursement by Licensee. Licensee agrees to reimburse DART or Railroad for any material or labor provided for the installation and maintenance of the Permitted Improvements. 4.02. During the design phase and prior to commencing construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to DART and the Railroad, when the construction is going to be within the area of Railroad operations. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by DART and Railroad. 4.03. By acceptance of this license, Licensee agrees to design and construct the Permitted Improvements in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property under this Agreement. 4.04. By acceptance of this license, Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvements is necessary and if it is or should 6 become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 4.05. Absence of markers does not constitute a warranty by DART that there are no subsurface installations on the Property. 4.06. If at any time, traffic volume or other circumstances should warrant a grade separation for the crossing licensed hereunder, Licensee shall be responsible for the installation of such grade separation to DART's standards, at no cost to DART. 5. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local, required to carry on any activity permitted herein. 6. DART's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed DART's Standard Contractors Agreement covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to DART. 7. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing (Ow buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of DART. If the failure to use reasonable care by the Licensee or its contractor causes damage to the Property or such adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage within sixty (60) days after written notice from DART of such damage, at no cost or expense to DART. If Licensee or its contractor fails or refuses to make such replacement, DART shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to DART. 8. Environmental Protection. 8.01 Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any laws pertaining to health or the environment, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. 8.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to insure that no such hazardous 7 substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 8.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 8.04. Licensee shall indemnify and hold DART harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this Agreement. 9. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 10. Maintenance of Completed Improvements. After the Permitted Improvements have been constructed, they shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, DART shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within sixty (60) days from the date of such notice, DART shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event DART exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to DART all costs incurred by DART upon demand. 11. Future Use by DART. 11.01. This license is made expressly subject and subordinate to the right of DART to use the Property for any purpose whatsoever. 11.02. In the event that DART shall, at any time subsequent to the date of this Agreement, at its sole discretion, determine that the relocation of the Permitted Improvements shall be necessary or convenient for DART's use of the Property, or that the crossing must be modified, including but not limited to the installation of grade crossing signals, Licensee shall, at its sole cost and expense make such modifications or relocate said Permitted Improvements so as not to interfere with DART's or DART's assigns use of the Property. In this regard, DART may, but is not obligated to, designate other property for the relocation of the Permitted Improvements. A minimum of sixty 8 (60) days written notice for the exercise of one or more of the above actions shall be ,,. given by DART, and Licensee shall promptly commence to make the required changes and complete them as quickly as possible. 12. Duration of License. This license shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvements; (b) in the event Licensee shall relocate the Permitted Improvements from the Property; (c) upon termination in accordance with paragraph 17 of this Agreement, whichever event first occurs. 13. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold DART harmless from any failure to so abide and all actions resulting therefrom. Licensee acknowledges state and federal railroad regulatory agency's requirements for whistles at at -grade public and private road crossings. 14. Indemnification. 14.01. Licensee shall defend, protect and keep DART and Railroad (ar forever harmless and indemnified against and from any penalty, or damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the Property by Licensee, whether occasioned by the neglect of Licensee, its employees, officers, agents, contractors or assigns, or those holding under Licensee; 14.02. Licensee shall at all times protect, indemnify and it is the intention of the parties hereto that Licensee hold DART and Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees, arising out of, or from any accident or other occurrence on or about the Property causing personal injury, death, or property damage, except when caused by the willful misconduct or negligence of DART or Railroad, their officers, employees or agents, and then only to the extent of the proportion of any fault determined against DART for its willful misconduct or negligence; 14.03. Licensee shall at all times protect, indemnify and hold DART and Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees, arising out of or from any and all claims or causes of action resulting from any failure of Licensee, its officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 15. Action Upon Termination of License. At such time as this license may be terminated or cancelled for any reason whatever, Licensee, upon request by DART, shall 9 remove all improvements and appurtenances owned by it, situated in, under or attached to ,,,, the Property and shall restore the Property to a condition satisfactory to DART, at Licensee's sole expense. 16. Assignment. Licensee shall not assign or transfer its rights under this Agreement in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of DART which DART is under no obligation to grant. 17. Methods of Termination. This Agreement may be terminated in any of the following ways: obligations 17.01. Written Agreement of both parties; 17.02. By either parry giving the other party sixty (60) days written notice. 17.03. By either party, upon failure of the other party to perform its as set forth in this Agreement. 18. Miscellaneous. 18.01. Notice. When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Transit P. O. Box 660163 Dallas, Texas 75266-7210 Attn: Railroad Management LICENSEE: City of Southlake 1400 Main Street Southlake, Texas 76092 Either parry may from time to time designate another and different address for receipt of notice by giving notice of such change of address. 18.02. Attorney Fees. Any signatory to this Agreement who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court costs and reasonable attorney fees from the non -prevailing party. 18.03 Governing Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 10 18.04 Entirety and Amendments. This Agreement embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 18.05. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 18.06. Number and Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals this day of , 2001. LICENSOR: DALLAS AREA RAPID TRANSIT By: Lonnie E. Blaydes, Jr. Vice President Commuter Rail & Railroad Management LICENSEE: CITY OF SOUTHLAKE APPROVED AS TO FORM: Office of DART General Counsel 04 11 By: Printed Name: Title: City of Southlake, Texas MEMORANDUM June 14, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (x1527) SUBJECT: Approval of North Central Texas Chapter of the National Multiple Sclerosis Society application to hold a fundraising Walk-A-Thon at a public facility (Rustin Park pavilion and Family Park) Action Requested: City Council approval of application from North Central Texas Chapter of National Multiple Sclerosis Society to hold a fundraising event at Rustin and Family Park in Town Square. Background Information: The City of Southlake received a request from the North Central Texas Chapter of the National Multiple Sclerosis Society to hold a 3.1 mile Walk-A- Thon in Southlake, September 15, 2001, from 8:00 a.m. until noon. The route will originate at Town Square, meander through Southview Addition (off North Carroll Avenue) and culminate back at Town Square. Organizers expect to attract approximately 500-1,000 participants. Section II (B) of the City's Park Use Policy (attached) outlines the conditions that must be met in order for fundraising events to be held by non-profit organizations at public facilities. An application must be submitted to the Director of Community Services. The applicant has met the criteria with the exception of Item No. 2, which requires that the organization has a Southlake address or that the majority of its members reside in the city. The North Central Texas Chapter of the National MS Society is located in Dallas with its membership base distributed throughout the metroplex. The Chapter serves 33 counties and nearly 2,700 MS clients and their families. Since the applicant did not meet all conditions in the Policy, staff presented this request to the Park Board at their June 11, 2001 meeting in accordance with the provision in the Park Use Policy which states, "The Director of Community Services may approve events that meet the criteria described. If the event does not meet these criteria, or the application is denied, the requesting organization may petition the Parks and Recreation Board for review and recommendation of approval or denial to the City Council. The City Council's decision shall be final." A representative from the organization will be present at the June 19 City Council meeting to answer questions. Financial Considerations: Not Applicable. The applicant assumes all costs involved in such event. J Billy Campbell June 19, 2001 Page 2 Citizen Input/ Board Review: Community input, such as SPIN, etc, is not required for this event; however, the applicant has stated they will notify the residents along the Walk-A-Thon route (Southview Addition) as a courtesy. At the June 11, 2001 Parks and Recreation Board meeting, the Board voted (5-0) to recommend to City Council, approval of the National MS Society application to hold the Walk-A-Thon. The applicant has agreed to indemnify and hold harmless the City and its agents, and to carry sufficient public liability insurance, with the City named as an additional insured, to protect the applicant and the City from all claims for damages to property and persons. Department of Public Safety officer Mike Bedrick has met with the applicant to ensure all public safety issues including parking, traffic impact and route supervision are addressed. Legal Review: Not Applicable. Alternatives: Deny the application to hold a fundraising event at public facilities. Supporting Documents: Supporting documents include the following items: • Fundraising Event Application with route description • Section II of the Park Use Policy Staff Recommendation: Approve Fundraising Event Application from North Central Texas Chapter - National MS Society for 3.1 Mile Walk-A-Thon in Town Square in September. NAParks & Recreation\BOARDS\CC\2001\Qtr 2\MSFundraiserRequest.doc Billy Campbell June 19, 2001 Page 3 II. Fundraising Events at Parks and Public Facilities. A. Authorized Fundraising Events -- City initiated events, events approved by the City Council as a budgeted special event, or youth sports organization events approved by City Council through an approved Facilities Utilization Agreement, such as concession sales, are allowed in parks and/or public facilities. All other fundraising events by outside organizations, including fundraising tournaments sponsored by the youth sports associations, must meet the criteria of paragraph II(B) below. B. Fundraising Events by Non-profit Organizations — Organizations requesting use of public facilities for fundraising events shall complete and submit an application to the Director of Community Services. The City will not deny any request to use public facilities for fund raising on the basis of race, gender, sexual orientation, religion, nationality, or any other discriminatory intent. Generally, the City will grant approval only for events which meet the following criteria: 1. The requesting organization is a not for profit organization. 2. The requesting organization is based in Southlake, that is its Post Office (ar address is a Southlake address, or that a majority of its members, including officers, reside in the City of Southlake. 3. The event is requested in sufficient lead time for staff to determine impact on park facilities and previously scheduled events. 4. The sponsoring organization agrees to indemnify and hold harmless the City and its agents, and is capable of carrying sufficient liability insurance as may be required. 5. The sponsoring organization will provide a security and cleanup deposit as may be required by the City. 6. The event will not cause detrimental impact to the City staff and available resources, or to the physical capacity of the requested location to host the event, including, but not limited to: (a) the parking capacity at the requested location and the potential impact of the requested event on other planned events. (b) the number of planned participants and the traffic impact upon the requested location. T City of Southlake, Texas MEMORANDUM June 13, 2001 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (xt. 1527) SUBJECT: Award of bid to Keck and Company for construction of restroom No. 2 and pump house, and Alternates #1, #2 and #3 for water intake structure, piping and wet well at Bob Jones Park. Action Requested: City Council award of bid to Keck and Company in the amount of $235,803 for construction of Bob Jones Park second restroom and pumphouse building; award of alternates 41, #2, and #3 in the amount of $15,332; and, include a five percent project contingency of $12,556 for a total project amount not to exceed $263,691. Background Information: Staff has been working with the engineering firm of Cheatham and Associates on the design of the second restroom building and pumphouse at Bob Jones Park. The second restroom will be similar in design to the concession/restroom building currently under construction near the soccer fields and will incorporate the same stone facade and metal roof. The main differences will be that the second restroom building will not include a concession area or covered breeze way. The building was designed so that should the decision be made in the future, the building can be expanded to add these components. The pumphouse building will also utilize the same building materials (stone and metal roof) and will serve to house future irrigation controls, wet well, aeration controls, and electrical panels. The City had previously approached the general contractor, Botanical Technologies, regarding a change order proposal for the second restroom building. Botanical Technologies submitted a proposal of $292,306 which staff presented to SPDC at their May 15, 2001. The change order was rejected by SPDC at the recommendation of staff and direction was given to bid out the project. The City received and opened two bids on June 6, 2001 in accordance with State bidding procedures. Base bids on the project ranged from a high of $249,934 to a low of $235,803, with the low bid being submitted by Keck and Company. Keck and Company has completed work for such entities as the City of Fort Worth, City of Grapevine, and the City of Coppell. A reference check was performed with the aforementioned entities, among others, and Keck and Company was said to have provided professional, quality workmanship. M IN Billy Campbell, City Manager June 13, 2001 Page 2 Financial Considerations: Funding in the amount of $450,000 is currently budgeted in the FY 2000-01 SPDC fund for the restroom building, pumphouse, well, and pond #2 aeration feature. The low bid in the amount of $235,803 is well within the projected budget ($300,000) for the restroom building and pumphouse. Three add alternates totaling $15,332 were also included within the bid for the installation of the water intake structure, piping, and wet well for the future irrigation system. Should SPDC include these items, the contract award amount would increase to a total of $251,135. A five percent project contingency ($12,556) is also recommended to cover unforeseen costs related to the construction of these facilities. Citizen Input/ Board Review: SPDC approved funding for the second restroom and pumphouse at their September 25, 2000 meeting as part of the SPDC CIP approval process. An amendment with Cheatham and Associates for the design work was approved by SPDC at the October 23, 2000 meeting (5-0), and by City Council at the November 7, 2000 meeting (6-0). SPDC rejected the proposed change order submitted by Botanical Technologies at their May 15, 2001 meeting and directed staff to bid out the project. SPDC will consider approval of the award of bid to Keck and Company at their meeting prior to City Council on June 19, 2001. Legal Review: Process followed State bidding procedures. Alternatives: • Approve base bid as submitted. • Approve base bid plus alternates • Reject all bids Supporting Documents: Bid Tabulation Staff Recommendation: City Council award of bid to Keck and Company in the amount of $235,803 for construction of Bob Jones Park second restroom and pumphouse building; award of alternates #1, #2, and #3 in the amount of $15,332; and, include a five percent project contingency of $12,556 for a total project amount not to exceed $263,691. Billy Campbell, City Manager June 13, 2001 Page 3 City of Southlake COMMUNITY SERVICES DEPARTMENT BID TABULATIONS PROJECT NAME: Bob Jones Restroom Building and Pumphouse PROJECT NO: N/A WORKING DAYS: 120 Calendar Days DATE: June 7, 2001 ENGR. EST.: $ 300,000 BIDDER BID BOND BID AMOUNT Keck and Company Arlington, Texas 76015 Yes $235,803 (Base Bid) $251,135 (w/ Alternates) Fargo Building Corporation Dallas, Texas 75201 Yes $249,934 (Base Bid) $254,234 (w/ Alternates) 06-63-0003 City of Southlake, Texas MEMORANDUM June 8, 2001 TO: Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety (Ext. 2421) SUBJECT: Request for Approval of Change Order No. 3 to CMPA, Inc. for the Department of Public Safety — West Facility — City of Southlake Project No. 00-3320. Action Requested: Consider approval of Change Order No. 3 to CMPA, Inc. Background Information: The City of Southlake entered into an agreement with CMPA, Inc. for the construction of the Department of Public Safety — West Facility on December 12, 2000. This change order is necessitated as a result of the relocation of 12-Inch waterline in Randol Mill drainage ditch. During grading of the drainage ditch adjacent to Randol Mill at the west entrance to the facility, a 12-inch waterline that runs along the east side of Randol Mill separated when it was inadvertently exposed. Following repair of (6r the line, it was determined that in order to properly grade the drainage ditch and protect the integrity of the line, the line would need to be relocated away from the ditch, blocked and restrained at the joints. PSA and staff received a proposal from CMPA to make this change for an increase of $7,700.00. PSA and staff have reviewed this proposal and find it to be acceptable. It is recommended that this change be approved for an increase of $7,700.00. Financial Considerations: The Contract currently provides a "Contingency" item in the amount of $150,000.00. If approved, these changes can be included under this "Contingency" item and no change in the Contract Amount or the Contract Time will occur as a result of these changes. The balance of the Contingency item is as follows: General Conditions — Contingency $150, 000.00 Change Order No. 1 <11, 868.00> Change Order No. 2 < 6, 800.00> Change Order No. 3 < 7, 700.00> Balance in Contingency Citizen Input/ Board Review: None. Legal Review: None. $123, 632.00 Alternatives: This Change Order No. 3 must be approved for the project to progress. Supporting Documents: Change Order No. 3 Staff Recommendation: Staff has reviewed this proposal and finds it to be acceptable. It is recommended that this change be approved for an increase of $7,700.00. Place the aforementioned Change Order No. 3 on the June 19, 2001 City Council Agenda for Council review and consideration. CHANGE ORDER Dated: June 5, 2001 OWNER'S Project No. 00-3320 Architect's Project No. 4156.10 Project Department of Public Safety Building — West Facility OWNER City ofSouthlake Contract for Construction of the DPS West Facility Contract Date: 12112100 To: CMPA Inc Contractor You are directed to make the changes noted below in the subject contract: 0 City ofSouthlake Texas Owner Billy Campbell Title: City Manager Date: 2 No. 3 2001 Nature of the changes: Field modifications as follows: Relocation of 12" Waterline at Drainage Ditch (RFP #9) I LS Relocate 12" Waterline General Conditions — Contingency Change Order No. 1 Change Order No. 2 Change Order No. 3 Balance in Contingency @ 7,700.00 = $7,700.00 Total $7, 700.00 $150,000.00 <$11, 868.00> <$6,800.00> <$7,700.00> $123,632.00 These changes result in the tollowing adjustment of contract price and contract time: Contract Price Prior to this Change Order $ 3,375,500.00 Net Increase Resulting from this Change Order Current Contract Price Including this Change Order Contract Time Prior to this Change 365 days (Days or Date) Net Increase Resulting from this Change Order $ 0.00 $ 3,375,500.00 (Days) Current Contract Time Including this Change Order 365 days (Days or Date) The above changes are recommended: 0 Date: Phillips. Swager Associates Architect/Engineer The above changes are recommended: City ofSouthlake City 2001 Title: Construction Manager Date: 2001 NSPE-ASCE 1910-8-B (1978 Edition) The above changes are accepted: CMPA. Inc. Contractor 0 Title: Date: 2001 City of Southlake, Texas MEMORANDUM May 22, 2001 To: Billy Campbell, City Manager From: Pedram Farahnak, P.E., Director of Public Works, 481-2308 Subject: Award of bid for the construction of concrete pavement replacement in the Timberlake, Southview, and Myers Meadows Additions. Action Requested: Award of bid to SRO General Contractors of Fort Worth, Texas for the construction of concrete pavement replacement in the Timberlake, Southview, and Myers Meadows Additions. Background Information: The Council approved pavement replacement project in the FY 2000/2001 CIP for various locations. Staff has identified areas in need of replacement in the Timberlake, Southview, and Myers Meadows subdivisions, and has entered into a professional services agreement with Cheatham & Associates to prepare the contract documents. The exact locations are identified in the attached project maps. The contract time for completion of the work is 45 calendar days. Bids were received on May 22, 2001. Seven bids were received, with SRO General Contractors being the low bidder. The bids have been reviewed by Cheatham & Associates and City Staff, and are tabulated as follows: Bidder Bid Amount SRO General Contractors $ 180,000.00 Jim Bowman Construction $ 208,254.60 Ed A. Wilson, Inc. $ 230,220.40 SYB Construction $ 235,692.60 ADJ Enterprises, Inc. $ 249,646.50 Sutton & Associates $ 276,828.86 Gibson & Associates $ 298,627.25 Financial Consideration: The bid amount is within the budget for this project when combined with additional funds as follows: e • FY 00/01 CIP, street failure rehabilitation ($80,000 is available we recommend use of $80,000) • FY 00/01 Street Operating Budget No. 100-144-5781.00 (as of last monthly report $93,000 was available, we recommend use of $45,000) • FY 99/00 CIP, traffic mitigation/calming project ($100,000 is available, we recommend use of $100,000) Citizen Input/ Board Review: None. Legal Review: None. Alternatives: The Council may award or reject this bid. Supporting Documents: Location Map Project Map Project Schedule: The contractor is required to begin the project within ten (10) calendar days of the notice to proceed, and complete the project within forty-five (45) calendar days. Staff Recommendation: Please place on the City Council agenda for June 19, 2001 for Council consideration and approval. Staff recommends that the bid be awarded to SRO General Contractors in the amount of $180,000 and in addition $45,000 be allocated for additional pavement replacement or unanticipated project contingencies. Staff Contact: Mike Hutchison, E.I.T., Senior Civil Engineer; 481-2361 Charlie Thomas, P.E., City Engineer, 481-2175 Pedram Farahnak, P.E., Director of Public Works, 481-2308 CC: David Fleming, P.E., Construction Manager Mike Patterson, Operations Manager Valerie Bradley, Assistant to the Director PF/ta 2 TIMBERLAKE W iy I =3 J , 0 OtJ ti L W ~ � C y 1 I I 1 I l 1 L V-1 -------------- '' � F/s�l�' 'r• �.. , J 5 4 f SOUTHVIEW 0 C /nN try m i m rql sa' �7n 2 S A'{ 7'II y M= 0 �rn �x r n�n A t ��A g r,m Q &sso r rn m rn 'Y p r G G�-- S9tnxwrw �twL — 7 N r_____--__w.- ------------------ 1 O • r ld ` I MYERS z U MEADOWS SCALE- 1" - 20' �• m ' RAISE )AANHOI FIKISHEU GRA EXPANSION Jorsr i l , id 11 id A ld d mi IN z a t- Iz XQ S2 TO EXPANSION JOINT 1. REMOVE EXISTING CONCRETE PAVEMENT INCLUDING CURB AMD HANDICAP RAMPS. 2. RASE MANHOLE COVER TO MA70H FINAL- GRADE. REGROUT MANHOLE RINGS TO BE WATERTIGHT. STABILIZE EXISTING SUBGRADE 8" THICK WITH 36 LB./S.Y. OF CEMENT. 3. CITY SOILS ENGINEER MUST APPROVE SUBGRADE BEFORE PLACING STEEL. 4. REPLACE PAVEMEMT (APPROX.460 S.Y.) AT 8" TH'ICKNESS USING 4,000 PSI CONCRETE REINFORCED WITH No.4 BARS AT 18" C/C. R r City of Southlake Department of Planning STAFF REPORT June 15, 2001 CASE NO: ZA01-041 PROJECT: The Lakes On Dove REQUEST: On behalf of N.E. Estates, LTD, Mr. Art Clayton is requesting approval of a plat revision. ACTION NEEDED: Consider plat revision request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plat and Support Information (D) Plat Review Summary (E) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-041 BACKGROUND INFORMATION OWNER: N.E. Estates, LTD APPLICANT: Art Clayton PURPOSE: The purpose of this request is to subdivide Lot 2, Block 1 of Emerald Estates South into seven lots. The new subdivision will be called `The Lakes On Dove'. PROPERTY SITUATION: The property is located on the north side of East Dove Street approximately 150' east of North Carroll Avenue. HISTORY: -The Final Plat of Emerald Estates South was approved in April of 1984. -A Zoning Change and Preliminary Plat for `Lakes on Dove' was approved by the City Council on February 6, 2001. LEGAL DESCRIPTION: Lot 2, Block 1 of Emerald Estates South. LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "SF -IA" Single Family Residential District TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends Dove Street to be an undivided, 5-lane arterial with 94' of right-of-way (47' on either side of centerline). The applicant is providing a 6' pedestrian access easement in lieu of right-of-way dedication. The variance granted with approval of the Preliminary Plat was based on 42' of R.O.W. existing from the centerline of Dove Rd. The survey for the Plat Revision has determined that the existing R.O.W. varies from 33' on the east side to 40' on the west side. It does not appear that adequate right-of-way has been dedicated. Existing Area Road Network and Conditions The proposed site will have seven lots abutting E. Dove Street. Lots 1 through six will have access to E. Dove Street from common access easements (CAE) that serve 2 lots. There are a total of three CAE's serving two lots apiece. Lot 7 will have direct driveway access onto E. Dove Street. E. Dove Street is currently a 2-lane undivided roadway. Case No. Attachment A ZA01-041 Page 1 May, 2000 traffic counts on E. Dove Street (between Carroll Avenue & Kimball Avenue): Table #1 24hr West Bound (WB) (2,314 East Bound (EB) (2,290 WB Peak A.M. 176 7-8 a.m. Peak P.M. 307 5-6 .m. EB Peak A.M. 290 7-8 a.m. Peak P.M. 215 5-6 p.m. Traffic Impact Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM - OUT 7 Residential Lots --- 67 1 4 5 2 *Vehicle Trips Per Day *The AM/PM times represent the number of vehicle trips generated during the peak travel times on E. Dove Street. E. Dove Street near Carroll Avenue carries approximately 4,600 vehicles per day with peak traffic times occurring between 7-8 a.m. and 5-6 p.m. The site will generate at least 5 vehicle trips during the A.M. rush hour and at least 7 vehicle trips during the P.M. rush hour. Master Trail Plan The applicant is providing a 6' pedestrian access easement in lieu of full right-of-way dedication and will be constructing a 6' trail from N. Carroll Avenue through the frontage of the property. WATER & SEWER: The applicant is proposing service connections for Lots 1-4 to an existing 8" sanitary sewer line along the north boundary of these lots. An aerobic irrigation septic system is proposed for Lots 5-7. An 8" water line exists along E. Dove Street. ESTIMATED IMPACT FEES*: P&Z ACTION: STAFF COMMENTS: Case No. ZA01-041 Table #3 Water $13,010.48 assumes 7 — 1" simple meters Wastewater $8,107.68 assumes 7 — 1" simple meters Roadway $10,469.69 (assumes 7 single-family detached residences) * Final Impact Fees are determined by the i3mldmg services uepar[ment at the time of building permit issuance. The fees shown above only represent estimates prepared by the Planning Department. June 7, 2001; Approved (7-0) subject to the Revised Plat Review Summary No. 3, dated June 7, 2001, stipulating the requested variance. Attached is Revised Plat Review Summary No. 3, dated 6/07/01. The applicant is requesting a variance to R.O.W. dedication requirement. Attachment A Page 2 The applicant is requesting to dedicate 4l' of R.O.W. instead of 42' required, a 1' variance. The thoroughfare plan indicates a 94' R.O.W., 47' measured on each side from the centerline of the existing road, for the section of Dove Road to which the property fronts. At the time of approval of the Preliminary Plat, a variance was granted allowing a total of 42' of dedication with the provision of a 6' pedestrian access easement. The survey for the Plat Revision has determined that the existing R.O.W. varies from 33' on the east side to 40' on the west side. Planning and Zoning approved the requested variance. N :\CommunityDevelopment\WP-FILES\MEMO\200I cases\O 1-041 PR. doc Case No. Attachment A ZA01-041 Page 3 Vicinity Map The Lakes on Dove 1000 0 1000 2000 3000 Feet luf IM Case No. Attachment B ZA01-041 Page 1 A A Case No. ZAOI-041 Attachment C Page 1 Case No.: ZA01-041 PLAT REVIEW SUMMARY Review No.: Three Project Name: Plat Revision — Lakes on Dove Road APPLICANT: N.E. Estates, LTD Mr. Art Clayton 17480 Dallas Parkway, Suite 110 Dallas, TX 75287 Phone: (972) 248-8155 Fax: (972) 248-8171 Date of Review: 06/01/01 SURVEYOR: Veach Surveying Michael R. Glover 944 W. Airport Fwy Irving, TX 75062 Phone: (972) 790-5581 Fax: (972) 254-4268 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/21/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086. The following are needed with regards to the owner's dedication and notary: a. Provide the owner's certification, legal description, dedication & notary acknowledgement following the format found in Appendix 2 of the Subdivision Ordinance (Ord. 483). The current owner's name and deed reference must be in the owner's certification. b. Move the general note `G' to the owner's dedication statement as the very last statement. 2. Remove the first sentence in general note "F". It should only read, "Building setback lines shown for Lot 5 & 6 are in accordance with the Zoning Board of Adjustment's action on case number ZBA-369." Provide dimensions to the south R.O.W. line of Dove as it exists from each point of measurement shown from centerline. 4. The thoroughfare plan indicates a 94' R.O.W., 47' measured on each side from the centerline of the existing road, for the section of Dove Road to which the property fronts. At the time of approval of the Preliminary Plat, a variance was granted allowing a total of 42' of dedication with the provision of a 6' pedestrian access easement. The survey for the Plat Revision has determined that the existing R.O.W. varies from 33' on the east side to 40' on the west side. Provide R.O.W. dedication which would account for 42' of R.O.W. from the centerline. (Variance Requested: Applicant proposes a dedication of 41' from street centerline (1' variance) along with the 6' pedestrian easement dedication.) Case No. Attachment D ZA01-041 Page 1 * A "Certificate of Taxes Paid" indicating that there are no delinquent taxes owed on the subject property from each taxing authority must be provided to the City prior to filing this plat in the County records. A copy of this information may be obtained from the Tarrant county Tax Assessor/Collector's Office located at 100 E. Weatherford St. in Ft. Worth (across from the old red courthouse). There is a service charge of $10 per account for this certificate. For more information contact the Assessor/Collector's office at (817) 884-1103. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x I V or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. * Denotes Informational Comment Case No. Attachment D ZA01-041 Page 2 4 City of Southlake • ' Department of Planning STAFF REPORT June 15, 2001 CASE NO: ZA01-043 PROJECT: Lot 16R, Block 39, Timarron Addition, Crescent Royale REQUEST: On behalf of Westerra Timarron, Carter & Burgess is requesting approval of a plat revision. ACTION NEEDED: Consider plat revision. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Site Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Tara Brooks (481-2079) Case No. ZA01-043 BACKGROUND INFORMATION OWNER: Westerra Timarron, LP APPLICANT: Carter & Burgess PURPOSE: The purpose of this request is to combine Lots 16 and 17, Block 39, Timarron Addition, Crescent Royale into one lot and abandon a 10 maintenance and access easement located between the lots. The applicant is also relocating the zero lot line location to the north property line. PROPERTY SITUATION: This property is located at 609/611 Regency Crossing on the east side of Regency Crossing and approximately 225' west of Kensington Court. HISTORY: The Council approved the Zoning for Timarron on October 17, 1989 (ZA89- 045). In March of 1995 the City Council approved the Development Plan and Preliminary Plat for this section of Timarron. The Planning and Zoning Commission approved the Final Plat for this subdivision on August 3, 1995. (ZA95-068) LEGAL DESCRIPTION: Timarron Addition Crescent Royale Lots 16 and 17, Block 39, and being 0.344 acres. LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "R-PUD" Residential Planned Unit Development P&Z ACTION: June 7, 2001; Approved (7-0) subject to Plat Review Summary No. 2, dated June 1, 2001. STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated June 1, 2001. NACommunity Development\WP-FILES\IvtEMO\2001cases\01-043PR.cc.doc Case No. Attachment A ZA01-043 Page 1 Vicinity Map Lot 16R, Block 39, Crescent Royale 1000 0 1000 2000 3000 Feet W [a S E Case No. Attachment B ZA01-043 Page 1 Case No. ZA01-043 oaf yt iCnil a PM «, N RZ apt All 0, O Q M it ti G T V 8E A Fr a g - p t1 !Y S r(� R Z € � SiE. [ 1 w � C s. G` % c A �•p�SY� x! � nl �aY � � � �EE n yY� .f 3 =� palN K! I > 9 s eZ ti � � \`�Q-��U'r o€ 6. 9 xr uL Y J Y ..:... oil YEJ row a x8 c i. Attachment C Page 1 PLAT REVIEW SUMMARY Case No.: ZA01-043 Review No.: Three Date of Review: 06/15/01 Project Name: Plat Revision — Lot 16R, Block 39, Timarron Addition, Crescent Royale APPLICANT: Westerra Timarron, LP 6900 W. Virginia Parkway McKinney, TX 75070 Phone: 972-529-5988 Fax: 972-529-5540 Attn: Miles Prestemon SURVEYOR/ENGINEER: Carter & Burgess 7950 Elmbrook Drive Dallas, TX 75247 Phone: 214-638-0145 Fax: 214-638-0447 Attn: Kacy Flemons CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/14/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TARA BROOKS AT 817-481-2079. Correct the case number to "ZA01-043." 2. Add the owner's certification. The following should be informational comments only A "Certificate of Taxes Paid" indicating that there are no delinquent taxes owed on the subject property from each taxing authority must be provided to the City prior to filing this plat in the County records. A copy of this information may be obtained from the Tarrant county Tax Assessor/Collector's Office located at 100 E. Weatherford St. in Ft. Worth (across from the old red courthouse). There is a service charge of $10 per account for this certificate. For more information contact the Assessor/Collector's office at (817) 884-1103. Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. Denotes Informational Comment Case No. Attachment D ZA01-043 Page 1 Surrounding Property Owners Lot 16R, Block 39, Crescent Royale r Property Owner Zoning Land Use Acreage 1. L. Jamison 1. R-PUD 1. Medium Density Residential 1. .2200 2. S. Bradley 2. R-PUD 2. Medium Density Residential 2. .1940 3. Hudiburg Group 3. R-PUD 3. Medium Density Residential 3. .1784 4. M. Bowers 4. R-PUD 4. Medium Density Residential 4. .1725 5. Darling Homes 5. R-PUD 5. Medium Density Residential 5. .1793 6. B. Minnis 6. R-PUD 6. Medium Density Residential 6. .1793 7. Bradford Homes 7. R-PUD 7. Medium Density Residential 7. .1793 8. M. Conway8. R-PUD 8. Medium Density Residential 8. .1793 9. S. Krue er 9. R-PUD 9. Medium Density Residential 9. .1793 10. D. Edwards 10. R-PUD 10. Medium Density Residential 10..1721 11. M. Boyd 11. R-PUD 11. Medium Density Residential 11..171 12. J. Glenn 12. R-PUD 12. Medium Density Residential 12..1721 13. S. Calkin 13. R-PUD 13. Medium Density Residential 13..1721 14. R. Carlson 14. R-PUD 14. Medium Density Residential 14..1721 15. T. Kelly 15. R-PUD 15. Medium Density Residential 15..1721 Case No. ZA01-043 Attachment E Page 1 16. J. Misulich 16. R-PUD 16. Medium Density Residential 16..1721 17. R. Neil 17. R-PUD 17. Medium Density Residential 17..1925 18. W. Barret 18. R-PUD 18. Medium Density Residential 18..2613 19. C. Wright 19. R-PUD 19. Mediurn_Density Residential 19..2793 20. W. Waltrip 20. R-PUD 20. Medium Density Residential 20..2086 21. M. Grace 21. R-PUD 21. Medium Density Residential 21..2086 22. G. Hawks 22. R-PUD 22. Medium Density Residential 22..2086 23. R. Elsom 23. R-PUD 23. Medium Density Residential 23..2096 24. P. Fauchier 24. R-PUD 24. Medium Density Residential 24..1895 25. D. Coonan 25. R-PUD 25. Medium Density Residential 25..1872 26. L. Mueller 26. R-PUD 26. Medium Density Residential 26..1777 27. R. Labinski 27. R-PUD 27. Medium Density Residential 27..1952 28. S. Roskoski 28. R-PUD 28. Medium Density Residential 28..1952 29. Timarron Owners Assoc. 29. R-PUD 29. Medium Density Residential 29. 3.024 Case No. Attachment E ZA01-043 Page 2 Surrounding Property Owner Responses ,. Lot 16R, Block 39, Crescent Royale NOTICES SENT: Thirty (30) RESPONSES: Four (4) responses were received from within the 200' notification area: • Michael Bowers, 613 Regency Crossing, Southlake, in favor, "To combine the lots is the best solution due to grade and trees. The security side of the proposed house should be on the north side. This will further improve the property." (Received May 29, 2001) • Annabelle W. Krueger, 1424 Kensington Court, Southlake, in favor, "Hopefully, this will improve the appearance of the two lots, without creating drainage problems for our property." (Received May 31, 2001) • Lorene A. Hudiburg, 615 Regency Crossing, Southlake, in favor. (Received June 1, 2001) • William R. Waltrip, 602 Regency Crossing, Southlake, in favor, "Plat revision will enhance the use of the property and with proper planning save large trees on the site." (Received June 6, 2001) Case No. Attachment F ZA01-043 Page 1 f City of Southlake, Texas MEMORANDUM June 15, 2001 TO: Billy Campbell, City Manager FROM: Greg Last, Director of Economic Development SUBJECT: Verizon Wireless - Network Observation and Control Center Item 7A: Ordinance 802, — Designating Reinvestment Zone #3 Item 7B: Resolution 01-037 — Adopting a Tax Abatement Policy Item 7C: Resolution 01-038 — Approval of Tax Abatement Agreement Item 7D: Resolution 01-039 — Approval of Chapter 380 Agreement Action Requested: Approval of items noted above. Note that this memo is the same for all items noted above. A summary of all items is attached for reference. Background Information: There have been several months of good -faith negotiations related to this project. Verizon Wireless evaluated many cities and sites and chose this site as their best location. Financial Considerations: We have previously discussed the financial aspects of this project and have come to an agreement in principle. The "incentives summary" and financial spreadsheets are included in the booklet for reference. Citizen Input/ Board Review: Public hearings will be held for both readings of the Reinvestment Zone ordinance. Legal Review: The city attorneys have been significantly involved in reviewing and preparing the documents as enclosed. Alternatives: Approval, modified approval, denial. Supporting Documents: The Verizon Wireless booklet contains copies of all documents noted above. City Council Actions: Staff Recommendation: Consider all actions desired and approve if found appropriate. Page 1 of 3 The following describe highlights of each document. Item 7A: Ordinance 802 — Designating Reinvestment Zone #3 Purpose: Prior to adoption of a tax abatement agreement, the subject property must be designated as a reinvestment zone by ordinance. This ordinance designates the 25 acres of the Verizon Wireless NOCC as the TIRZ number 3. Item 713: Resolution 01-037 — Adopting a Tax Abatement Policy Purpose: Prior to entering into a tax abatement agreement, the city must adopt a tax abatement policy. We have had a basic policy for several years. The most recent policy, adopted concurrent with the Sabre project, expired in May, thus requiring the adoption of this policy. Major highlights include: Page Section 1 3.C.1 The minimum thresholds were changed to ensure compliance by Verizon Wireless. The prior policy required "a minimum of 1,000 full-time jobs with an average annual total compensation of $50,000" and this version requires "a minimum of 500 full-time jobs which have an average annual salary of $40,000." 2 3.C.2 The prior policy stated "average annual total compensation of $50,000" and this version states "average annual salary of $40,000." This was done to be consistent between the new construction and the expansion or modernization. 2 4 The prior policy included a section entitled "Recapture" which stated " If the terms of the tax abatement agreement are not met, the City Council has the right to cancel or amend the abatement agreement. In the event of cancellation, the recapture of abated taxes shall be limited to the year(s) in which the default occurred or continued." It is not included in the current draft. The attorneys recommended deleting this because it is provided for in the actual tax abatement agreements. Item 7C: Resolution 01-038 — Approval of Tax Abatement Agreements Purpose: The Tax abatement agreement addresses the length of time of the tax abatement, extent of abatement granted, and threshold for performance by both entities. Major highlights include: Page Section 2 l.G You might want to pay attention to this particular definition. It is fairly critical and used throughout the agreement. 3 2.A These are the thresholds the company must meet in order to be granted a tax abatement. 4 3.0 This section shows the step-down tax abatement percentages over the 4-year period. 4 3.E This section is an incentive (10% for 5 years) to be added to the NOCC premises if a second building greater than 200,000 square feet is constructed in Southlake on a site other than the NOCC site. Page 2 of 3 Item 71): Resolution 01-039 — Approval of Chapter 380 Agreement Purpose: The Chapter 380 agreement is basically the document that summarizes all incentives or commitments by either parties that are not in the tax abatement agreement. The construction sales tax capture was also used with Sabre and is working fine. Major highlights include: Page Section Comment 3 4.a This section is where we formalize the construction sales tax process. Basically the company establishes administrative procedures to take possession or purchase construction materials on the job site in Southlake. The sales tax is collected in Southlake, paid to the Comptroller's office, who quarterly forward to the City. The company documents what they have collected and submit a schedule to the City. The City pays the company the .5% amount. This provision allows us to collect 1.5% sales tax on items that we otherwise might not have collected. The full amount goes to to SPDC and CCPD and .5% still goes to the general fund. 3 4.b This is where we document the fee waivers and reductions. These are as we previously discussed. Note that this applies to Phase I initial construction as well as future phases of "initial construction" only, not to redevelopments, remodeling, etc. 4 5 This section itemizes the commitments of the company. These items must occur or they would be in default. 6 1 O.b This section requires that if the company is in default, the City is entitled to recovery of the fees not charged and the sales tax payments. Page 3 of 3 A ORDINANCE NO.802 AN ORDINANCE DESIGNATING REINVESTMENT ZONE NUMBER THREE IN THE CITY OF SOUTHLAKE, TEXAS, PURSUANT TO CHAPTER 312 OF THE TEXAS TAX CODE; ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS RELATING THERETO; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas (the "City"), desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zone for commercial -industrial tax abatement, as authorized by Chapter 312, of the Texas Tax Code (the "Act"); and WHEREAS, the City Council, by resolution has established certain guidelines and criteria governing tax abatement agreements and indicated the desire of the City of Southlake to participate in tax abatement; and WHEREAS, on June 14, 2001, the City held a public hearing on the proposed designation of the reinvestment zone, after publishing notice of such public hearing and giving written notice to all taxing units overlapping the territory inside the proposed reinvestment zone as required by Chapter 312; and WHEREAS, the City Council finds that the area within the reinvestment zone created under this ordinance is reasonably likely as a result of the designation of the reinvestment zone to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the city; and Ordinance No. 802 Adopting TIRZ - Draft No. 4: June 13, 2001 - Page 1 of 6 WHEREAS, the City Council further finds that the reinvestment zone created hereunder otherwise meets the criteria of Section 312.202 of the Texas Tax Code and is eligible for tax abatement as provided in Chapter 312 of the Texas Tax Code; and WHEREAS, the City Council finds that improvements proposed to be made within the reinvestment zone are feasible and practical and would be a benefit to the land within the zone and to the city after the expiration of tax abatement agreements and that the creation of the reinvestment zone for commercial -industrial tax abatement will result in benefits to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2. The area described in Exhibit 'A' attached hereto and incorporated herein is hereby designated as City of Southlake Reinvestment Zone No. 3. The boundaries of this reinvestment zone shall be as described in Exhibit 'A'. This reinvestment zone shall expire five (5) years after the adoption of this ordinance unless it is renewed as provided by law. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality Ordinance No. 802 Adopting TIRZ - Draft No. 4: June 13, 2001 - Page 2 of 6 g shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of 1�, this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. 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 5. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 2001. Rick Stacy, MAYOR ATTEST: Sandra LeGrand, City Secretary Ordinance No. 802 Adopting TIRZ - Draft No. 4: June 13, 2001 - Page 3 of 6 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2001. Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney Ordinance No. 802 Adopting TIRZ - Draft No. 4: June 13, 2001 - Page 4 of 6 EXHIBIT 'A' BEING a 25.00 acre tract of land situated in the J.B. Martin Survey, Abstract 1134, Tarrant County, Texas, and being a part of the land conveyed to Maguire Partners -Solana Limited Partnership, by Special Warranty Deed recorded in Volume 14641, Page 232 Deed Records Tarrant County, Texas (D.R.T.C.T.), and filed in County Clerk's File Number D200273882, and being more particularly described as follows: BEGINNING at a 5/8-inch found iron rod with a plastic cap stamped "HUITT- ZOLLARS" (hereinafter referred to as with "H-Z" cap) at the intersection of the north right-of-way line of Dove Road (a variable width right-of-way) with the west right-of- way line of Kirkwood Boulevard (a variable width right-of-way), as established by the plat of Kirkwood Hollow Phase I, an addition to the City of Southlake and recorded in Cabinet A, Slide 4537 of the Plat Records of Tarrant County, Texas; THENCE North 89 degrees 39 minutes 47 seconds West along the north right-of-way line of said Dove Road, a distance of 280.16 feet to a 5/8-inch found iron rod with H-Z cap for corner at the southeast corner of a tract of land conveyed to the City Of Southlake by Donation Deed recorded in Volume 14028, Page 263, D.R.T.C.T.; North 00 degrees 35 minutes 38 seconds East along an off -set line in said north right-of- way line, a distance of 29.31 feet to a 5/8-inch found iron rod with H-Z cap for corner; North 89 degrees 24 minutes 23 seconds West along the north right-of-way line of said Dove Road, a distance of 250.00 feet to a 5/8-inch found iron rod with H-Z cap for an angle point in said right-of-way line; North 78 degrees 05 minutes 47 seconds West along the north right-of-way line of said Dove Road, a distance of 254.95 feet to a 5/8-inch found iron rod with H-Z cap for an angle point in said right-of-way line; North 89 degrees 24 minutes 25 seconds West along the north right-of-way line of said Dove Road, a distance of 153.00 feet to a 5/8-inch found iron rod with H-Z cap for corner, said point being in the northeast right-of-way line of State Highway 114 (a variable width right-of-way); North 23 degrees 48 minutes 03 seconds West along said northeast right-of-way line of State Highway 114, a distance of 807.00 feet to a 1/2-inch set iron rod with a yellow plastic cap stamped "HALFF ASSOC. INC." (hereinafter referred to as "with cap") for corner, from which a 5/8-inch found iron rod with H-Z cap bears South 83 degrees 12 minutes 26 seconds East, a distance of 0.22 feet; Ordinance No. 802 Adopting TIRZ - Draft No. 4: June 13, 2001 - Page 5 of 6 THENCE North 66 degrees 10 minutes 55 seconds East, departing said northeast right-of- way line of State Highway 114, a distance of 1,046.34 feet to a point for corner on the southwest right-of-way line of said Kirkwood Boulevard from which a 5/8-inch found iron rod with H-Z cap bears North 08 degrees 34 minutes 42 seconds East, a distance of 0.12 feet; THENCE South 33 degrees 33 minutes 58 seconds East, along said southwest right-of- way line of Kirkwood Boulevard, a distance of 11.08 feet to the beginning of a tangent curve to the right having a radius of 1,778.00 feet and whose chord bears South 16 degrees 34 minutes 08 seconds East, a distance of 1,039.51 feet; THENCE in a Southeasterly direction along said curve to the right and continuing along said southwest right-of-way line of Kirkwood Boulevard, through a central angle of 33 degrees 59 minutes 40 seconds, an arc distance of 1,054.91 feet to the point of tangency; THENCE South 00 degrees 25 minutes 42 seconds West continuing along the west right- of-way line of Kirkwood Boulevard, a distance of 243.06 feet to THE POINT OF BEGINNING and CONTAINING 1,088,861 square feet or 25.00 acres of land, more or less. Ordinance No. 802 Adopting TIRZ - Draft No. 4: June 13, 2001 - Page 6 of 6 .N RESOLUTION NO.01-037 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING A REVISED TAX ABATEMENT POLICY; ESTABLISHING GUIDELINES AND CRITERIA FOR TAX ABATEMENT AGREEMENTS; ELECTING TO BECOME ELIGIBLE TO PARTICIPATE IN TAX ABATEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 4, 1999, the City Council adopted a Tax Abatement Policy, established guidelines and criteria for tax abatement agreements, and elected to become eligible to participate in tax abatement; and WHEREAS, the Tax Abatement Policy for the City of Southlake was effective for two years from the date of adoption and has now expired; WHEREAS, the future economic viability of the City of Southlake depends on the ability to attract new investments through the location of new businesses and the expansion and modernization of existing businesses; and WHEREAS, the City Council continues to believe that the creation and retention of job opportunities that result from new economic development is in the best interest of the City of Southlake; and WHEREAS, the establishment of economic development incentives such as tax abatements may encourage enhancement of the local economy; and WHEREAS, the City Council wishes to revise the guidelines and criteria governing tax abatement agreements; and WHEREAS, the guidelines and criteria adopted herein authorize tax abatement for both new facilities and structures and for the expansion or modernization of existing facilities and structures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. The City Council does hereby adopt the Tax Abatement Policy, attached hereto as Exhibit "A" and incorporated herein for all purposes. This Tax Abatement Policy shall govern all tax abatement matters considered by the City from and after the date of this Resolution, until said policy expires or is repealed or amended as provided by law. Resolution 01-037 adopting a Revised Tax Abatement Policy - Draft No. 4: June 12, 2001 - Page 1 of 3 I SECTION 2. The Tax Abatement Policy is effective for two (2) years from the date of adoption. During that period, the Tax Abatement Policy may be amended or repealed only by a vote of 3/4 of the members of the City Council. Said Tax Abatement Policy is intended as a guide for use in developing tax abatement programs and agreements under the provisions of Chapter 312 of the Texas Tax Code. SECTION 3. The City of Southlake hereby again elects to become eligible to participate in tax abatement. SECTION 4. The adoption of the Tax Abatement Policy and the City's election to become eligible to participate in tax abatement as provided herein shall not be construed to require the City of Southlake to approve any proposed tax abatement agreement which meets the requirements of the policy. Tax abatements shall be reviewed on a case by case basis and shall be granted only where the City Council determines in its sole discretion that the tax abatement is in the best interest of the citizens of Southlake. SECTION 5. This Resolution shall become effective upon passage. PASSED AND APPROVED this the _ day of , 2001. Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Resolution 01-037 adopting a Revised Tax Abatement Policy - Draft No. 4: June 12, 2001 - Page 2 of 3 EXHIBIT A TAX ABATEMENT POLICY Resolution 01-037 adopting a Revised Tax Abatement Policy - Draft No. 4: June 12, 2001 - Page 3 of TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (the AGREEMENT) is entered into by and between the City of Southlake, Texas, a home rule municipality located in Tarrant County, Texas, acting by and through its duly authorized Mayor, hereinafter referred to as CITY, and Cellco Partnership, a Delaware general partnership d/b/a Verizon Wireless, acting through its , hereinafter referred to as OWNER. WITNESSETH: WHEREAS, in accordance with CHAPTER 312, as hereinafter defined, the CITY has adopted Guidelines and Criteria for Tax Abatement (the POLICY), which constitutes appropriate guidelines and criteria governing tax abatement agreements to be entered into by the CITY; and WHEREAS, the CITY has adopted Resolution No. 01-037 stating that it elects to be eligible to participate in tax abatement; and WHEREAS, the PREMISES, as hereinafter defined, are wholly located within the ZONE, as hereinafter defined; and WHEREAS, the CITY desires to enter into this AGREEMENT in order to maintain and or enhance the commercial and or industrial economic and employment base of the CITY to the long term interest and benefit of the CITY in accordance with Ordinance 802 and CHAPTER 312; and WHEREAS, the contemplated use of the PREMISES, as hereinafter defined, the contemplated improvements to the PREMISES in the amount set forth in the AGREEMENT and the other terms hereof are consistent with encouraging development in accordance with the purposes and intent of the POLICY, and all applicable law; and WHEREAS, the CITY has furnished a copy of the AGREEMENT, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the PREMISES are located; and WHEREAS, the parties contemplate that this AGREEMENT for property within the ZONE will be executed in connection with the expectation that the PREMISES will be developed as a Network Observation and Control Center and as such, will meet the minimum requirements of the POLICY; NOW, THEREFORE, the CITY for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which consideration includes the expansion of primary employment and the attraction of major investment in the ZONE, which contributes to the economic development of the CITY and the enhancement of the tax base in the CITY, and the OWNER, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which consideration includes the tax abatement set forth herein below, as authorized by CHAPTER 312, do hereby contract, covenant and agree as follows: Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 4: June 14, 2001 - Page 1 of 14 Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 4: June 14, 2001 - Page 2 of 14 SECTION 1. DEFINITIONS A. ABATEMENT START DATE means the January 1 of the year following the issuance of a CERTIFICATE OF OCCUPANCY for an IMPROVEMENT to the PREMISES. B. AFFILIATE means any entity directly or indirectly controlling, controlled by, or under common control with the OWNER. As used in the definition of AFFILIATE, the term "control" means directly or indirectly, the power to direct or cause the direction of the management and policies of a person, whether through ownership of voting securities, by contract or otherwise. C. CERTIFICATE OF OCCUPANCY means a certificate of occupancy other than temporary, for an IMPROVEMENTS issued by the CITY pursuant to the Building Code of the City. D. CHAPTER 312 means Chapter 312 of the Texas Tax Code, as amended. E. CORPORATE AFFILIATE means Verizon Wireless or Verizon "Landline". F. FORCE MAJEURE means any contingency or cause beyond the reasonable control of OWNER including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, governmental or defacto governmental action (unless caused by acts or omissions of OWNER), fire, explosion or flood, and strikes. G. IMPROVEMENTS means the improvements to be constructed on or affixed to the PREMISES, and any modifications thereafter to then existing buildings, and tangible personal property installed on the PREMISES, excluding (1) inventory and supplies, and (2) tangible personal property located on the PREMISES before the execution of this AGREEMENT. The kind, number and location of all proposed IMPROVEMENTS are more specifically described in Exhibit "B" attached hereto and made part of hereof. H. POLICY means the Guidelines and Criteria for tax abatement adopted by Resolution No. 01-037 of the City. I. PREMISES means the property described in Exhibit "A" attached hereto and made a part hereof. J. SUBSTANTIAL COMPLETION of the IMPROVEMENTS means the date a CERTIFICATE OF OCCUPANCY is issued for the IMPROVEMENTS by the CITY. K. TAX ROLLS means the tax rolls of Tarrant Appraisal District. L. VALUATION means the value of the IMPROVEMENTS as determined by the Tarrant Appraisal District. M. ZONE means Reinvestment Zone No. 3 of the CITY, created by Ordinance No. 802 of the CITY. Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 4: June 14, 2001 - Page 3 of 14 SECTION 2. COVENANTS OF THE OWNER A. The OWNER shall have accomplished SUBSTANTIAL COMPLETION of IMPROVEMENTS on the PREMISES before January 1, 2004, and that VALUATION of the IMPROVEMENTS will be a minimum of Seventeen Million Dollars ($17,000,000) for real property (excluding land) and a minimum of $12,000,000 for the personal property located on the PREMISES; provided that OWNER shall have such additional time to complete the initial phase of the IMPROVEMENTS as may be required if CITY determines that OWNER has not completed the IMPROVEMENTS due to an event of FORCE MAJEURE, or if in the reasonable opinion of the CITY, the OWNER has made substantial progress toward completion of the initial phase of the IMPROVEMENTS. B. The OWNER agrees and covenants that it will diligently and faithfully in a good and workmanlike manner pursue the completion of the IMPROVEMENTS as a good and valuable consideration of this AGREEMENT. OWNER shall thereafter, from the date a certificate of occupancy is issued until the expiration of this AGREEMENT(subject to an occurrence of FORCE MAJEURE), continuously operate, maintain and occupy the PREMISES as a network observation and control center, data center, local network administration headquarters and employ at least 400 full-time employees on the PREMISES. The employees shall have an average annual salary of $40,000 or more. Both parties agree that the use of the PREMISES for this purpose in accordance with this AGREEMENT, is consistent with the general purpose of encouraging development within the ZONE. C. OWNER shall comply in all material respects with all applicable rules, regulations, ordinances, state and federal laws in the construction and operation of the IMPROVEMENTS. D. Prior to October I st of each year this AGREEMENT is in effect, OWNER shall certify to the CITY that OWNER is in compliance with each applicable term of this AGREEMENT. Such certifications shall be in a form reasonably satisfactory to the CITY, and shall include, at a minimum, information supporting OWNER'S conclusions that it met (or expects to meet) each condition and requirement to abatement set forth in this AGREEMENT. Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 4: June 14, 2001 - Page 4 of 14 SECTION 3. ABATEMENT Subject to the terms and conditions of this AGREEMENT, and subject to the rights of holders of any outstanding bonds of the CITY, the CITY grants a tax abatement, as set forth below, on all IMPROVEMENTS on the PREMISES, as follows: A. The IMPROVEMENTS on the PREMISES shall be subject to tax abatement to the extent the market value thereof, as reflected on the TAX ROLLS in each such year, exceeds the value thereof, as reflected on the TAX ROLLS, for the year in which this AGREEMENT is executed. B. A four year tax abatement period is hereby granted, subject to Section 4 of this AGREEMENT; said abatement shall begin on January 1 of the year after SUBSTANTIAL COMPLETION of the IMPROVEMENTS. C. The tax abatement rate under this AGREEMENT for each year of the tax abatement period shall be as follows: Year Percent of Value of Improvements Exempted from Taxation 30 % 2 20 % 3 15 % 4 10 % 0% D. No abatement as described in Section 3.13 or 3.0 herein shall start later than January 1, 2004, unless extended pursuant to the provisions of Section 2.A hereof. E. If OWNER or CORPORATE AFFILIATE constructs a second new building having characteristics typical of a corporate office and not less than 200,000 square feet within the limits of the CITY but not on the PREMISES, and CITY issues a CERTIFICATE OF OCCUPANCY for this new building within four (4) years of the issuance of a CERTIFICATE OF OCCUPANCY for Phase I, beginning January 1 of the year after issuance of the CERTIFICATE OF OCCUPANCY for the second new building, CITY shall extend the abatement on the PREMISES for a period of five years, at a rate of ten (10) percent of the value of IMPROVEMENTS per year for each year after Year 4, or, if earlier, in accordance with Section 3. C. for such earlier year(s). Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 4: June 14, 2001 - Page 5 of 14 SECTION 4. BREACH, RECAPTURE AND DEFAULT A. In the event that (1) the initial phase of the IMPROVEMENTS for which the abatement has been granted are not SUBSTANTIALLY COMPLETED in accordance with this AGREEMENT; or (2) OWNER fails to occupy the IMPROVEMENTS for the purposes required by this AGREEMENT; or (3) OWNER breaches any of the terms or conditions hereof, then this AGREEMENT shall be in default unless the City determines that Company has not completed the improvements due to an event of Force Majeure. In the event that the OWNER defaults in its performance of (1), (2) or (3) above, then the CITY shall give the OWNER written notice of such default and if the OWNER has not cured such default, or obtained a waiver thereof from the appropriate authority, within 30 days of said written notice, the CITY may terminate this AGREEMENT. If the CITY terminates this AGREEMENT for default, OWNER shall pay to the CITY all taxes which otherwise would have been paid to the CITY without the benefit of the abatement (but without the addition of penalty; interest will be charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the Texas Tax Code) within sixty days after the expiration of the above mentioned applicable cure period. After sixty days, if said taxes owed remain unpaid by the OWNER, the penalties and interest will accrue as provided by law. The AGREEMENT may be terminated by the mutual consent of the parties in the same manner that the AGREEMENT was approved and executed. If the initial phase of the IMPROVEMENTS has not been substantially completed at the time of termination, the CITY shall recapture any property tax revenue lost as a result of the AGREEMENT. B. In the event that the CITY breaches any of the terms or conditions of this AGREEMENT, then the CITY will be in default under this AGREEMENT, in which event the OWNER shall give the CITY written notice of such default. If the CITY has not cured such default within 30 days of the written notice, or if the CITY does not commence to cure such default within said 30 day period and thereafter diligently proceed with its efforts to cure the same, then OWNER shall been titled to exercise any right or remedy available to it at law or in equity, including without limitation an action for damages. C. It is expressly agreed between the parties to this AGREEMENT that nothing in this AGREEMENT shall be deemed or construed to affect the ability of the CITY to place a lien for taxes against the property as established by Section 32.01 of the Tax Code. Such lien shall secure the payment of all taxes, penalties and interest ultimately imposed on the property, including any taxes abated and subject to recapture under this AGREEMENT. Any such lien may be fully enforced pursuant to the provisions of the Tax Code. For purposes of this subsection, property refers to the PREMISES and all IMPROVEMENTS described herein. Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 4: June 14, 2001 - Page 6 of 14 SECTION 5. REPRESENTATIONS AND WARRANTIES A. The CITY represents and warrants to OWNER and covenants and agrees with OWNER that: 1. The CITY has complied with the provisions of CHAPTER 312, and has adopted valid and binding guidelines and criteria for tax abatement. 2. The PREMISES are eligible for tax abatement pursuant to the POLICY. 3. The CITY has all requisite power and authority to enter into this AGREEMENT and consummate the transaction contemplated in this AGREEMENT. The CITY has duly authorized the execution and delivery of this AGREEMENT such that all documents to be executed by the CITY are valid, legally binding obligations and are enforceable against it in accordance with their terms. 4. The CITY's execution of this AGREEMENT and its consummation of the transaction do not breach any agreement or constitute a default or a condition that would ripen into a default under any agreement to which the CITY is a party or by which all or part of the PREMISES is bound. Furthermore, the CITY's execution of this AGREEMENT and its consummation of the transaction do not violate any order, rule, or regulation applicable to the CITY or the PREMISES of any court or any federal, state, or municipal regulatory body or administrative agency or other governmental body. 5. The CITY does not represent or warrant that Tarrant County or any other taxing entity will grant an abatement of any sort to OWNER. B. The OWNER represents and warrants to CITY and covenants and agrees with CITY that: 1. The tax abatement provisions of this AGREEMENT are the valid and binding obligations of the OWNER. 2. The OWNER has all requisite power and authority to enter into this AGREEMENT and consummate the transaction contemplated in this AGREEMENT. The OWNER has duly authorized the execution and delivery of this AGREEMENT such that all documents to be executed by the OWNER are valid, legally binding obligations and are enforceable against it in accordance with their terms. Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 4: June 14, 2001 - Page 7 of 14 SECTION 6. GENERAL PROVISIONS A. Notices required to be given to any party to this AGREEMENT shall be given personally or by registered or certified mail, return receipt requested, postage prepaid, addressed to the party at its address set forth below, and, if given by mail, shall be deemed delivered as of the date deposited in the United States mail: For CITY by notice to: City of Southlake Attention: City Manager 1400 Main Street, Suite 460 Southlake, Texas 76092 With a copy to: Taylor, Olson, Adkins, Sralla & Elam, L.L.P. Attention: Wayne K. Olson 6000 Western Place, Suite 200 Fort Worth, Texas 76107 For OWNER: Cellco Partnership, d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, NJ 07921 Attention: Kenneth Unger, Manager, Implementation, Inter -Area Engineering With a copy to: Locke Liddell & Sapp, LLP 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201-6776 Attention: Earl A. Berry, Jr. Any parry may change the address to which notices are to be sent by giving the other parties written notice in the manner provided in this paragraph. B. OWNER in performing its obligations under this AGREEMENT is acting independently, and the CITY assumes no responsibilities or liabilities to third parties in connection with the PREMISES or IMPROVEMENTS. OWNER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST CLAIMS SUITS, DEMANDS, LOSSES, DAMAGES, CAUSES OF ACTION, AND LIABILITIES OF EVERY HIND, INCLUDING, BUT NOT LIMITED TO, EXPENSES OF LITIGATION OR SETTLEMENT, COURT COSTS, AND ATTORNEYS FEES WHICH MAY ARISE DUE TO ANY DEATH OR INJURY TO A PERSON OR THE LOSS OF, LOSS OF USE OF, OR DAMAGE TO PROPERTY, ARISING OUT OF OR OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS AGREEMENT, SAVE AND EXCEPT FOR DAMAGES OR LIABILITIES ARISING FROM THE SOLE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES. Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 4: June 14, 2001 - Page 8 of 14 C. None of the property subject to abatement of taxes under this AGREEMENT is owned or leased by (i) any member of the CITY' S City Council, or (ii) any member of a zoning or planning board or commission of the CITY. D. At all times throughout the term of this AGREEMENT, in addition to other rights under applicable laws, City codes and City ordinances, OWNER agrees that the CITY shall, (1) upon giving reasonable notice to the OWNER, have reasonable access to the PREMISES for the purpose of inspecting same to insure that the IMPROVEMENTS are constructed and the PREMISES used, operated and occupied in accordance with this AGREEMENT, all applicable state and local laws and regulations or valid waiver thereof, and (2) have the right to review and verify the OWNER'S financial statements prior to granting a tax abatement in any given year. E. The terms and conditions of this are binding upon the successors and assigns of all parties hereto. OWNER cannot assign this AGREEMENT without CITY'S written permission, which permission shall not be unreasonably withheld; provided however that upon written notice to the CITY, OWNER may assign its rights under this AGREEMENT to an AFFILIATE. F. This AGREEMENT was authorized by Resolution of the City Council at its regular Council meeting on the day of , 2001, authorizing the Mayor to execute the AGREEMENT on behalf of the CITY. G. This AGREEMENT was entered into by OWNER pursuant to authority granted by its Board of Directors, whereby was authorized to execute this AGREEMENT on behalf of OWNER. H. This AGREEMENT shall be effective on the date that the latter of OWNER or CITY hereto executes this AGREEMENT. I. This AGREEMENT shall be governed by the laws of the State of Texas and is performable in Tarrant County, Texas, and venue in any proceeding relating to this AGREEMENT shall be in Tarrant County, Texas. EXECUTED this day of June, 2001, by the City. EXECUTED this day of June, 2001, by Owner. City of Southlake Rick Stacy, Mayor ATTEST: City Secretary Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 4: June 14, 2001 - Page 9 of 14 APPROVED AS TO FORM: City Attorney CELLCO PARTNERSHIP, a Delaware General Partnership d/b/a VERIZON WIRELESS Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 4: June 14, 2001 - Page 10 of 14 OWNER ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , being the of Cellco Partnership, d/b/a Verizon Wireless, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated as the act and deed of said entity. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of June, 2001. Notary Public, State of Texas My commission expires Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 4: June 14, 2001 - Page 11 of 14 EXHIBIT A - PREMISES BEING a 25.00 acre tract of land situated in the J.B. Martin Survey, Abstract 1134, Tarrant County, Texas, and being a part of the land conveyed to Maguire Partners -Solana Limited Partnership, by Special Warranty Deed recorded in Volume 14641, Page 232 Deed Records Tarrant County, Texas (D.R.T.C.T.), and filed in County Clerk's File Number D200273882, and being more particularly described as follows: BEGINNING at a 5/8-inch found iron rod with a plastic cap stamped "HUITT-ZOLLARS" (hereinafter referred to as with "H-Z" cap) at the intersection of the north right-of-way line of Dove Road (a variable width right-of-way) with the west right-of-way line of Kirkwood Boulevard (a variable width right-of-way), as established by the plat of Kirkwood Hollow Phase I, an addition to the City of Southlake and recorded in Cabinet A, Slide 4537 of the Plat Records of Tarrant County, Texas; THENCE North 89 degrees 39 minutes 47 seconds West along the north right-of-way line of said Dove Road, a distance of 280.16 feet to a 5/8-inch found iron rod with H-Z cap for corner at the southeast corner of a tract of land conveyed to the City Of Southlake by Donation Deed recorded in Volume 14028, Page 263, D.R.T.C.T.; North 00 degrees 35 minutes 38 seconds East along an off -set line in said north right-of-way line, a distance of 29.31 feet to a 5/8-inch found iron rod with H-Z cap for corner; North 89 degrees 24 minutes 23 seconds West along the north right-of-way line of said Dove Road, a distance of 250.00 feet to a 5/8-inch found iron rod with H-Z cap for an angle point in said right-of-way line; North 78 degrees 05 minutes 47 seconds West along the north right-of-way line of said Dove Road, a distance of 254.95 feet to a 5/8-inch found iron rod with H-Z cap for an angle point in said right-of-way line; North 89 degrees 24 minutes 25 seconds West along the north right-of-way line of said Dove Road, a distance of 153.00 feet to a 5/8-inch found iron rod with H-Z cap for corner, said point being in the northeast right-of-way line of State Highway 114 (a variable width right-of-way); North 23 degrees 48 minutes 03 seconds West along said northeast right-of-way line of State Highway 114, a distance of 807.00 feet to a 1/2-inch set iron rod with a yellow plastic cap stamped "HALFF ASSOC. INC." (hereinafter referred to as "with cap") for corner, from which a 5/8-inch found iron rod with H-Z cap bears South 83 degrees 12 minutes 26 seconds East, a distance of 0.22 feet; THENCE North 66 degrees 10 minutes 55 seconds East, departing said northeast right-of-way line of State Highway 114, a distance of 1,046.34 feet to a point for corner on the southwest right-of-way line of said Kirkwood Boulevard from which a 5/8-inch found iron rod with H-Z cap bears North 08 degrees 34 minutes 42 seconds East, a distance of 0.12 feet; Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 4: June 14, 2001 - Page 12 of 14 THENCE South 33 degrees 33 minutes 58 seconds East, along said southwest right-of-way line of Kirkwood Boulevard, a distance of 11.08 feet to the beginning of a tangent curve to the right having a radius of 1,778.00 feet and whose chord bears South 16 degrees 34 minutes 08 seconds East, a distance of 1,039.51 feet; THENCE in a Southeasterly direction along said curve to the right and continuing along said southwest right-of-way line of Kirkwood Boulevard, through a central angle of 33 degrees 59 minutes 40 seconds, an arc distance of 1,054.91 feet to the point of tangency; THENCE South 00 degrees 25 minutes 42 seconds West continuing along the west right-of-way line of Kirkwood Boulevard, a distance of 243.06 feet to THE POINT OF BEGINNING and CONTAINING 1,088,861 square feet or 25.00 acres of land, more or less. Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 4: June 14, 2001 - Page 13 of 14 E EXHIBIT B - IMPROVEMENTS Real property improvements similar to the following graphic representations. WEBT DdVE SiREEt— - stras SITE PLAN aacs�xs. PHASE I 0 WOM Personal Property Improvements shall be those improvements typical of a telecommunications facility. Verizon Wireless NOCC Tax Abatement Agreement - Draft No. 4: June 14, 2001 - Page 14 of 14 City of Southlake, Texas Tax Abatement Policy Section I. General Purpose and Objectives A. The City of Southlake, Texas, is committed to the promotion and retention of high quality development in all parts of the City; and to an on -going improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Southlake will, on a case -by -case basis, give consideration to providing tax abatements as stimulation for economic development in Southlake. It is the policy of the City of Southlake that said consideration will be provided in accordance with the criteria outlined in this document. Nothing herein shall imply or suggest that the City of Southlake is under any obligation to provide tax abatement to any applicant. All applicants shall by considered on a case -by -case basis. Section II. Applicability A. This tax abatement policy establishes guidelines and criteria for tax abatement programs and agreements under the provisions of Chapter 312 of the Texas Tax Code. Section III. Abatement Criteria A. Any consideration for a tax abatement shall be reviewed by the City of Southlake City Council. The review process will examine the "value added" terms of the project. Considerations by the City Council shall be for new construction, whether it is a new facility or an expansion of an existing building. B. Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community, as well as the relative impact of the project, including costs to the City for providing services, impact on the environment and the local housing market, and required infrastructure. C. Value and Term of Abatement. Abatement shall be granted effective with the execution of the agreement. The amount of the abatement will be determined based on the merits of the project, including, but not limited to, total capital investment, added employment, and average annual salary. Abatement will be granted for a maximum of ten years. Abatement may be granted only for the additional value of eligible property improvements made subsequent to and listed in a tax abatement agreement. 1.) For new businesses, the project must be reasonably expected to produce a minimum added value of Ten Million Dollars ($10,000,000) in real and personal property improvements within the City of Southlake, and create a minimum of 500 full-time jobs which have an average annual salary of $40,000 or more. Tax Abatement Policy - Draft No. 6: June 12, 2001 - Page 1 of 2 2.) For expansion or modernization of existing businesses, the project must be reasonably expected to produce a minimum added value of Five Million Dollars ($5,000,000) in real and personal property improvements within the City of Southlake, and create a minimum of 500 new full time jobs with an average annual salary of $40,000. D. Consideration will also be given for direct sales tax that is generated by the applicant. Section IV. Inspection and Financial Verification A. The terms of the agreement shall include the City of Southlake's right to (1) review and verify the applicant's financial statements in each year during the life of the agreement prior to granting a tax abatement in any given year, and (2) conduct an on -site inspection of the project in each year during the life of the abatement to verify compliance with the terms of the tax abatement agreement. Section V. Evaluation A. Upon completion of the construction of the facilities, the City shall no less than annually evaluate each project receiving abatement to insure compliance with the terms of the agreement. Any incidents of non-compliance will be reported to all affected taxing units. Section VI. Severability and Limitation A. In the event that any section, clause, sentence, paragraph or any part of this Tax Abatement Policy shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such invalidity shall not affect, impair, or invalidate the remainder of the guidelines and criteria in this Tax Abatement Policy. Section VII. Expiration and Modification A. This Tax Abatement Policy is effective upon the date of its adoption and will remain in force for two years, at which time all reinvestment zones and tax abatement contracts created pursuant to its provisions will be reviewed by the City Council to determine whether the goals of the abatement program have been achieved. Based upon that review, the Tax Abatement Policy may be modified, renewed or eliminated. B. Prior to the date for review, as defined above, the Tax Abatement Policy may be modified by a three fourths vote of the City Council, as provided for in Chapter 312 of the Texas Tax Code. Tax Abatement Policy - Draft No. 6: June 12, 2001 - Page 2 of 2 N RESOLUTION NO.01-038 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BY AND AMONG THE CITY OF SOUTHLAKE, TEXAS AND CELLCO PARTNERSHIP, d/b/a VERIZON WIRELESS, ESTABLISHING AND PROVIDING FOR TAX ABATEMENT; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Chapter 312 of the Texas Tax Code, the City Council of the City of Southlake, Texas has approved Resolution No. 01-037 adopting a Tax Abatement Policy which establishes guidelines and criteria governing tax abatement agreements, and electing to become eligible to participate in tax abatement; and WHEREAS, the City Council has been presented with a proposed tax abatement agreement by and among the City of Southlake, and Cellco Partnership, d/b/a Verizon Wireless, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called the "Agreement"); and WHEREAS, upon full review and consideration of the Agreement, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Southlake. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. The City Council finds that the terms of the Agreement and the property subject to the Agreement meets the applicable guidelines and criteria governing tax abatement agreements previously adopted by the Southlake City Council. SECTION 2. The City Council finds that the contemplated use of the property subject to the Agreement and the improvements contemplated thereon in the amount set forth in the Agreement and the other terms of the Agreement are consistent with encouraging development of Reinvestment Zone Number 3 in accordance with the purposes for its creation and are in compliance with the Tax Abatement Policy, Chapter 312 of the Texas Tax Code, as amended, and all other applicable law. SECTION 3. The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Southlake and found to be acceptable and in the best interests of the City and its citizens, Resolution 01-038 Adopting Tax Abatement Agreement - Draft No. 3: June 13, 2001 - Page 1 Of 3 are hereby approved. SECTION 4. The City Secretary is hereby authorized to deliver (in compliance with Section 312.2041 of the Texas. Tax Code) to the presiding officer of the governing body of each other taxing unit in which the property subject to the Agreement is located a written notice that the City of Southlake, Texas intends to enter the Agreement, which notice shall include a copy of the Agreement. SECTION 5. The Mayor is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City. SECTION 6. This Resolution shall become effective from and after its passage. PASSED AND APPROVED this the _ day of 92001. Rick Stacy, Mayor ATTEST: City Secretary Resolution 01-038 Adopting Tax Abatement Agreement - Draft No. 3: June 13, 2001 - Page 2 of 3 RESOLUTION NO.01-039 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CELLCO PARTNERSHIP, d/b/a VERIZON WIRELESS FOR SUCH PURPOSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 380 of the Texas Local Government Code authorizes municipalities to establish and provide for the administration of programs that promote economic development and stimulate business and commercial activity in the city; and WHEREAS, the City Council has been presented with a proposed agreement by and between the City of Southlake and Cellco Partnership, d/b/a Verizon Wireless, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called the "Agreement"); and WHEREAS, upon full review and consideration of the Agreement and all matters attendant and related thereto, the City Council is of the opinion that the Agreement will assist in implementing a program whereby economic development will be promoted and business and commercial activity will be stimulated in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. The City Council finds that the terms of the Agreement will promote economic development and stimulate business and commercial activity in the City and otherwise meet the criteria of Section 380.001 of the Texas Local Government Code. SECTION 2. The City Council hereby adopts an economic development program whereby the City of Southlake will make economic development program payments to Cellco Partnership, d/b/a Verizon Wireless, and take other specified actions, in accordance with the terms outlined in the Agreement. SECTION 3. The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Southlake and found to be acceptable and in the best interest of the City and its citizens, are hereby approved. Resolution No. 01-039 - Draft No. 3: June 12, 2001 - Page 1 of 3 SECTION 4. The Mayor is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City substantially according to the terms and conditions set forth in the Agreement. SECTION 5. This Resolution shall become effective from and after its passage. PASSED AND APPROVED this the _ day of , 2001. Rick Stacy, Mayor ATTEST: City Secretary Resolution No. 01-039 - Draft No. 3: June 12, 2001 - Page 2 of 3 City of Southlake Department of Planning STAFF REPORT June 15, 2001 CASE NO: ZA01-038 PROJECT: Tract 2C1A, T.M. Hood Survey Abstract No. 706 REQUEST: Lynn M. Dixon is requesting approval of a zoning change. ACTION NEEDED: Consider second reading for zoning change request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owner's Map (D) Surrounding Property Owner's Responses (E) Ordinance No. 480-144A STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-038 BACKGROUND INFORMATION OWNER: Lynn M. Dixon PURPOSE: The purpose of this request is to place the uses and regulations for the Coventry Manor Planned Unit Development on the property. The applicant plans to combine this tract with an existing lot in Coventry Manor (See Case No. ZA01-028 in your packet). PROPERTY SITUATION: The property is located on the east side of Suffolk Court, approximately 700' north of Turnberry Ln. HISTORY: No recent development activity. LEGAL DESCRIPTION: Tract 2C1A in the T.M. Hood Survey Abstract No. 706 and being 1.00 acres. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "R-PUD" Residential Planned Unit Development P&Z ACTION: May 17, 2001; Approved (6-1). P&Z SPEAKERS: None CITY COUNCIL ACTION: June 5, 2001; First Reading Approved on Consent (7-0). STAFF COMMENTS: A request for RPUD zoning requires a concept plan or development plan along with the zoning request. Due to the limited scope of this request and the fact that this parcel is being combined with an existing RPUD, no plan was required. The applicant bought the property from Estelle Shuping and desires to combine the property with his lot in Coventry Manor. This application will bring the lot into conformance with the City's subdivision regulations. NACommunity Development\WP-FILES\MEMO\2001cases\01-038Z.doc Case No. Attachment A ZAOI-038 Page 1 Vicinity Map Tract 2C1 A, T.M . Hood Survey Abstract No. 706 1000 0 1000 2000 3000 Feet E Case No. Attachment B ZA01-038 Page 1 Surrounding Property Owners Tract 2C1A, T.M. Hood Survey Abstract No. 706 Property Owner Zoning Land Use Description Acreage 1. W. Margozewitz 1. R-PUD 1. Low Density Residential 1. 1.11 2. G. Stewart 2. AG 2. Low Density Residential 2. .79 3. K. Hill 3. RE 3. Low Density Residential 3. 5.36 4. C. Willingham 4. AG 4. Low Density Residential 4. 1.673 5. E. Shuping 5. AG 5. Low Density Residential 5. 1.30 6. L. Marshall 6. AG 6. Low Density Residential 6. 2.52 7. R. Dahlson 7. SFl-A 7. Low Density Residential 7. 4.887 8. A. Donofrio 8. R-PUD 8. Low Density Residential 8. 0.75 9. J. Hammond 9. R-PUD 9. Low Density Residential 9. 0.82 10. L. Dixon 10. R-PUD 10. Low Density Residential 10. 0.82 Case No. Attachment C ZA01-038 Page 1 Surrounding Property Owner Responses Tract 2C1A, T.M. Hood Survey Abstract No. 706 NOTICES SENT: Ten (10) RESPONSES: Three (3) responses were received from within the 200' notification area: • Rick Dahlson, 1250 Shady Oaks, Southlake, TX, in favor. (Received May 8, 2001.) • Lawrence E. Marshall, 905 Parkview Lane, Southlake, TX, undecided, "I am not opposed to this plan, but I can't see the logic." (Received May 9, 2001.) • Greg Stewart, 1340 N. Shady Oaks, Southlake, TX, undecided, "Depending on easement to property." (Received May 9, 2001.) Case No. Attachment D ZA01-038 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-144 A (FORMERLY REFERENCED AS ORDINANCE 480-369) AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 2C1A IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO.706, AND BEING 1.00 ACRE, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN, INCLUDING PUD DEVELOPMENT STANDARDS, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 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 "AG" Agricultural District Case No. Attachment E ZA01-038 Page 1 under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad 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 Case No. Attachment E ZA01-038 Page 2 requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 2C1A in the Thomas M. Hood Survey, Abstract No. 706, and being 1.00 acre, and more fully and completely described in Exhibit "A" from "AG" Case No. Attachment E ZA01-038 Page 3 Agricultural District to "R-PUD" Residential Planned Unit Development District as depicted on the approved Concept Plan, including PUD development standards, attached hereto and incorporated herein as Exhibit `B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of Case No. Attachment E ZAOI-038 Page 4 land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Case No. Attachment E ZA01-038 Page 5 SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the lst reading the MAYOR ATTEST: day of , 2001. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY Case No. Attachment E ZA01-038 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA01-038 Page 7 EXHIBIT "A" Being Tract 2C1A in the Thomas M. Hood Survey, Abstract No. 706, and being 1.00 acre. BEGINNING at a 5/8 inch iron rod found on the east line of Lot 5, Block 3, Coventry Manor, Phase II recorded in Cabinet A, Slide 3320, Plat Records of Tarrant County, Texas; THENCE South 89 degrees 35 minutes 25 seconds East, a distance of 282.00 feet to a 5/8 inch iron rod set; THENCE South 01 degree 07 minutes 16 seconds West, a distance of 154.53 feet to a 5/8 inch iron rod set; THENCE North 89 degrees 37 minutes 30 seconds West, a distance of 282.00 feet to a 5/8 inch iron rod found for an `L' corner of Lot 4, Block3 of said Coventry Manor, Phase II; THENCE North 01 degree 07 minutes 16 seconds East, at 28.35 feet passing a 5/8 inch iron rod found for the common east corner of said Lot 4 and Lot 5, continuing a total distance of 154.70 feet to the POINT OF BEGINNING and containing 1.00 acres of land. Case No. Attachment E ZA01-038 Page 8 IN IM IM EXHIBIT "B" t cxtZ fri€;` F7- °ate ''g a.8 6ty1 ? t' j Z #1j�liic t g jF f,o s §ii F F iE� at allEjt: !� .aU at g 1 - 6-: ytc� stfi 61Y�Y OAIIS DYIC � F } t�}t} •F - t- S ' !• i o � ^ F J �5 e _------- I I LTro�YWag —.—. ± .-- 9 it l e j lit +l{ i i;{ to ,it FE t Case No. ZA01-038 Attachment E Page 9 PROPOSED SITE ZONING AND LAND USE The proposed land use for Coventry is for single family, detached residential units. DEVELOPMENT REGULATIONS The following development regulations shall be applicable within Coventry: 1. Minimum Lot Size — 20,000 square feet except 43,560 square feet along Peytonville Rd. and 43.560 square feet along the western and eastern property lines, except for lots 1 thru 5, Block 3 which will be at least 30,000 sq. ft. as shown on the site plan enclosed herein. 2. Minimum Lot Width — One hundred (100) feet, except eighty-five (85) feet as measured on the curve of the building line where over fifty percent (50%) of the lot is on the curve of a cul-de- sac. 3. Minimum Lot Depth — One hundred twenty (120) feet, except two hundred thirty (230) feet for those lots which back up to Peytonville Road. 4. Minimum Floor Area — Two thousand seven hundred (2,700) square feet. 5. Maximum Height — 2 '/z stories or thirty-five (35) feet. 6. Minimum Front Yard — Thirty-five (35) feet, except for forty (40) feet for those lots which are 40,000 square feet or larger. 7. Minimum Rear Yard — Thirty-five (35) feet. Except one hundred (100) feet for lots which back up to Peytonville Road. 8. Minimum Side Yard —Fifteen (15) feet for all lots between 20,000 and 30,000 square feet; twenty (20) feet on all lots that are 30,000 square feet or greater. 9. Side Yard Adjacent to a Street — Twenty (20) feet. 10. Maximum Lot Coverage — Thirty percent (30%) on all lots between 20,000 and 30,000 square feet; twenty percent (20%) on all lots 30,000 square feet or greater. 11. Maximum Residential Density — 1 unit per gross acre. Pursuant to the City of Southlake zoning ordinance for a Planned Unit Development, at least ten percent (10%) of the gross area, exclusive of those areas to be dedicated to perimeter roads, will be set aside and improved as common open space. Case No. Attachment E ZA01-038 Page 10 EXHIBIT "C" This page reserved for the City Council motion. Case No. Attachment E ZA01-038 Page 11 y u City of Southlake • • Department of Planning STAFF REPORT June 15, 2001 CASE NO: ZA01-047 PROJECT: Tract 2C1, T.M. Hood Survey Abstract No. 706 REQUEST: On behalf of Estelle Shuping, Lisle Shuping is requesting approval of a zoning change. ACTION NEEDED: Consider second reading for zoning change request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owner Map (D) Surrounding Property Owner's Responses (E) Ordinance No. 480-367 STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-047 BACKGROUND INFORMATION OWNER: Estelle Shuping APPLICANT: Lisle Shuping PURPOSE: The purpose of this request is to place "Single Family Residential " district uses and regulations on the property. PROPERTY SITUATION: The property is located at 1310 North Shady Oaks being on the east side of North Shady Oaks approximately 680' north of Turnberry Ln. HISTORY: There is no current development history on this property. LEGAL DESCRIPTION: Tract 2C1 in the T.M. Hood Survey Abstract No. 706, Land being 1.3 acres. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -IA" Single Family Residential District P&Z ACTION: May 17, 2001; Approved (7-0). P&Z SPEAKERS: None CITY COUNCIL ACTION: June 5, 2001; First Reading Approved on Consent (7-0). STAFF COMMENTS: A zoning request to "SF -IA" does not require a Concept Plan Review by Staff. The applicant is zoning and platting the property to prepare the lot for construction of a house. This case is related to case number ZA01- 038 regarding the revised plat and zoning in Coventry Manor (Lynn Dixon's property). Both parcels were originally owned by Estelle Shuping and both applications are being processed to comply with subdivision regulations. NACommunity Development\wF-FILES\MEMO\2001cases\01-047Z.doc Case No. Attachment A ZA01-047 Page 1 Vicinity Map Lot I, Block 1, Shuping Addition 1000 0 1000 2000 3000 Feet FEER �T S E Case No. Attachment B ZA01-047 Page 1 (4w Surrounding Property Owners Lot 1, Block 1, Shuping Addition Property Owner Zoning Land Use Description Acreage 1. K. Hill 1. RE 1. Low Density Residential l . 5.36 2. M. Stevens 2. SF-lA 2. Low Density Residential 2. 5.04 3. S. Richardson 3. SF-lA 3. Low Density Residential 3. 5.09 4. J. Kuelbs 4. SF -IA 4. Low Density Residential 4. 5.14 5. J. Reilly 5. SF -IA 5. Low Density Residential 5. 2.31 6. R. Dahlson 6. SF -IA 6. Low Density Residential 6. 4.89 7. L. Marshall 7. AG 7. Low Density Residential 7. 2.52 8. L. Dixon 8. R-PUD 8. Low Density Residential 8. 1.00 9. G. Stewart 9. AG 9. Low Density Residential 9. 0.79 10. C. Willingham 10. AG 10. Low Density Residential 10. 1.67 Case No. Attachment C ZA01-047 Page 1 Surrounding Property Owner Responses Lot 1, Block 1, Shuping Addition NOTICES: Eleven (11) RESPONSES: Three (3) responses have been received from within the 200' notification area: • Rick Dahlson, 1250 Shady Oaks, Southlake, TX, in favor. (Received May 8, 2001.) • Lawrence E. Marshall, 905 Parkview Lane, Southlake, TX, undecided, "I am not opposed to this plan, but I can't see the logic." (Received May 9, 2001.) • Greg Stewart, 1340 N. Shady Oaks, Southlake, TX, undecided, "Depending on easement." (Received May 9, 2001.) Case No. Attachment D ZA01-047 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-367 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 2C1 IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, AND BEING APPROXIMATELY 1.3 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article X1, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 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 "AG" Agricultural Case No. Attachment E ZA01-047 Page 1 District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character bf 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 ad 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 Case No. Attachment E ZA01-047 Page 2 requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 2C 1 in the Thomas M. Hood Survey, Abstract No. 706, and being approximately 1.3 acres, and more fully and completely described in Exhibit "A" Case No. Attachment E ZA01-047 Page 3 from "AG" Agricultural District to "SF -IA" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. Case No. Attachment E ZA01-047 Page 4 That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment E ZA01-047 Page 5 ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. lu : • ; ATTEST: CITY SECRETARY Case No. Attachment E ZA01-047 Page 6 Eve .9c,1910a0�I Eel TO -I M. 0U0: 14"A— aI •d CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA01-047 Page 7 EXHIBIT "A" Being Tract 2C 1 in the Thomas M. Hood Survey, Abstract No. 706, and being approximately 1.3 acres. BEGINNING at a 5/8 inch rod found on the north line of a tract of land as described in deed to Michael L. Howard recorded in Volume 10973, Page 922 of said Deed Records, said point being the southeast corner of a tract of land as described in deed to Lynn M. Dixon and Valerie N. Dixon recorded in Volume 13555, Page 16 of said Deed Records; THENCE North 1 degree 07 minutes 16 seconds East, along the east line of said Dixon tract, a distance of 154.53 feet to a 5/8 inch rod found on the south line of a tract of land as described in deed to Greg Stewart recorded in Volume 11000, Page 199 of said Deed records; THENCE South 89 degrees 35 minutes 25 seconds East, along the south line of said Stewart tract, a distance of 452.70 feet to a point in Shady Oaks Drive; THENCE South 00 degrees 37 minutes 30 seconds West, along Shady Oaks Drive, a distance of 154.27 feet to a point; THENCE North 89 degrees 37 minutes 30 seconds West, along the north line of the aforementioned Howard tract, a distance of 455.40 feet to the POINT OF BEGINNING and containing 1.61 acres of land. Case No. Attachment E ZA01-047 Page 8 .4 City of Southlake Department of Planning STAFF REPORT June 15, 2001 CASE NO: ZA01-040 PROJECT: Siena REQUEST: On behalf of Joyce Owens and Richard Reutlinger, Paramount Land Development is requesting a zoning change and concept plan approval. ACTION NEEDED: Consider first reading rezoning and concept plan. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary (E) Surrounding Property Owner Map (F) Surrounding Property Owner's Responses (G) Ordinance No. 480-370 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Tara A. Brooks (481-2079) Case No. ZA01-040 BACKGROUND INFORMATION OWNER: Joyce Owens and Richard Reutlinger APPLICANT: Paramount Land Development PURPOSE: The purpose of this request is to obtain zoning and concept plan approval for a 43 lot residential subdivision. PROPERTY SITUATION: This property is located on the north side of Union Church Road, approximately 800' west of Davis Blvd. HISTORY: LEGAL DESCRIPTION LAND USE CATEGORY CURRENT ZONING: REQUESTED ZONING: TRANSPORTATION ASSESSMENT: Case No. ZA01-040 There is no current development history on this property. Tracts 6, 6C4, 6E, and 6F1A in the J. Allen Survey, Abstract No. 18 and being 28.363 acres. Low Density Residential and 100-Year Flood Plain "AG" Agricultural and "SF-1A" Single Family Residential "SF-20A" Single Family Residential Thoroughfare Plan The Thoroughfare Plan recommends Union Church as a (2) lane, undivided collector with 84' of right-of-way. Existing Area Road Network Union Church - is currently a two (2)-lane undivided east -west roadway. The applicant proposes (2) accesses onto Union Church. The currenf traffic counts on .Union Church: 24hr West Bound (WB) (553 East Bound (EB) (580 WB Peak A.M. (39) 7a.m-8a.m. Peak P.M. 68 4 .m.-5 .m. EB Peak A.M. 44 1Oa.m-11a.m Peak P.M. 61 5 .m.-6 .m Traffic Impact Use No. of lots Vtpd* AM- IN AM- OUT PM -IN PM - OUT Residential 43 412 8 25 28 16 *Vehicle Trips Per Day *The AM/PM times represent the number of vehicle trips generated during the peak travel Attachment A Page 1 times on Union Church. This development will generate 33 vehicle trips during the A.M. rush hour and 44 vehicle trips during the P.M. rush hour. WATER & SEWER: There are no existing waterlines serving this property. The applicant will have to install a 12" water line on Union Church Road. A 10" sewer line exists to the east of the property and will have to be extended to the west property line. DRAINAGE: The property lies at the lower end of the drainage basin for this area. There are approximately 175 acres from the north and northwest that drain onto this property, including the Remington Addition. If this runoff is not detained on the Remington Addition, Siena may need to plan for detention. This property lies adjacent to Big Bear Tributary BB-9. Four acres of the eastern portion of this property is located in the 100-year flood plain. This drainage plan shows this 4 acres located in the floodplain to be reclaimed and a new flood plain line is developed. The process to reclaim this area has been started by the developer's engineer. There will be some impact both upstream and downstream of this property. The extent of the improvements needed and the impact to upstream and downstream properties is not known. ESTIMATED IMPACT FEES*: Table # 1 Water $79,921.52 (Assumes 43 1" Meters) Wastewater $49,804.32 Assumes 43 1" Water Meters Roadway $64,313.81(Roadway Service Area 2 * Final Impact Fees are determined by the Building Services Department at the time of building permit issuance. The fees shown above only represent estimates prepared by the Planning Department. P&Z ACTION: June 7, 2001; Approved (7-0) subject to Concept Plan Review Summary No. 3, dated June 01, 2001, with the following stipulations: 1) Lots 18, 19, and 20 shall meet requirements for lots adjacent to platted "SF -IA" property (min. 30,000 sf lot area, 125' lot width). 2) Live tree buffer will be planted along Lots 1-3, adjacent to the property owned by Mr. Weisman (shown on Attachment E, Page 1) and the deed restrictions for the subdivision will reflect that this buffer will be maintained in perpetuity. 3) In lieu of providing a street stub to Michael Drive (east boundary), the applicant will install a 24' emergency access easement driveway with a locked gate with an approved emergency access entry system. P&Z SPEAKERS: STAFF COMMENTS: Case No. ZA01-040 In Favor Qualified In Favor Opposed Other Attached is Concept Plan Review Summary No. 3, dated June 1, 2001. Ordinance No. 483, Section 8.01 requires a minimum lot width of 125 feet Attachment A Page 2 at the rear property line for properties adjacent to property that is zoned, platted or land use designated for residential lots that are greater than 125 feet. It further requires lots that are adjacent to property that is platted and zoned "SF-lA" or "RE" must be a minimum 30,000 square feet. The purpose of these lotting requirements is to create buffer areas between residential properties that are at least an acre and lots which have a greater density. In the proposed Siena Concept Plan, Lots 18, 19, and 20, Block B would be required to adhere to these requirements due to the "SF -IA" zoning of the property to the east. However, the applicant has proposed a Common Area between the lots in Siena and the lot to the east. The Planning and Zoning Commission recommended the applicant remove the common area and make these lots at least 30,000 s.f. NACommunity Development\WP-FILES\MEMO\2001cases\01-040ZCP.cc.doc Case No. Attachment A ZA01-040 Page 3 Vicinity Map Siena Addition 1000 0 1000 2000 3000 Feet I Case No. Attachment B ZA01-040 Page 1 IN Case No. ZA01-040 i I ; I Mill u O 2 N O LL m m t4 mF xF �. t Cr cF a a� ca tlp o— C W N a t 3ik �� nuE� O N N U� � o ev °>ek Jill � c Oita - I ; 77 I I b I u -- � 'j {. e — - ----- - - - i a ; N ---_ Attachment C Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA01-040 Review No.: Three Date of Review: 06/01/01 Project Name: Concept Plan for "SF-20A" zoning — Siena Addition being 28.363 acres in the J.G. Allen Survey, Abstract No. 18 APPLICANT: ENGINEER: Paramount Land Development PBS&J 13800 Montfort, Suite 100 5999 Summerside Drive, Suite 202 Dallas, TX 75240 Dallas, TX 75252 Phone: (972) 490-3255 x126 Phone: (972) 380-2605 Fax: (972) 991-4949 Attn: David Howell Fax: (972) 380-2609 Attn: Linda Jordan CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/21/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT TARA BROOKS AT (817) 481-2079. Label the 35' building line that is shown. 2. Staff recommends providing a street stub connection to Michael Drive. * Although the lots represented on this plan appear to be in compliance, the applicant should be aware that on the subsequent plats submitted, all lots that abut "SF -IA" zoning or Low Density Residential L.U.D. have 125' width along the rear property line, (See Ordinance No. 483, Section 8.01.E.) and lots abutting platted properties and zoned "SF -IA" or "RE" must have a minimum 30,000 sq. ft of lot area (See Ordinance No. 483, Section 8.01G.) Lots that are intended to count toward curvilinear requirements must have a minimum centerline radius of 800' and must have 50% or more of the lot frontage on the curve. Denotes Informational Comment NACOMMUNITY DEVELOPMENT\WP-FILES\MEMO\2001CASES\01-040ZCP.CC.DOC Case No. Attachment D ZA01-040 Page 1 Surrounding Property Owners Siena W V a Property Owner Zoning Land Use Acreage 1. E. Weisman 1. AG Low Density Residential 1. 13.5 2. E. Weisman 2. AG Low Density Residential 2. 3.10 3. E. Weisman 3. AG Low Density Residential 3. 9.55 4. A. Haney 4. SF -IA Low Density Residential 4. 4.80 5. A. Haney 5. SF -IA Low Density Residential 5. 1.78 6. B. Scribner 6. AG Low Density Residential 6. 1.00 7. R. Van Til 7. AG Low Density Residential 7. .481 8. T. Poteet 8. AG Low Density Residential 8. .519 9. Orlando Concrete 9. AG Low Density Residential 9. 1.00 10. R. Van Til 10. AG Low Density Residential 10. 1.00 11. J. Fami ho 11. AG Low Density Residential l l ..520 12. M. Stanfield 12. I-1 Low Density Residential 12. 2.00 13. M. Stanfield 13. AG Low Density Residential 13. 3.02 14. M. Farmer 14. AG Low Density Residential 14..750 15. Northeast Baptist Church 15. AG Low Density Residential 15. 2.00 Case No. Attachment E ZA01-040 Page 1 16. R. Woods 16. SF -IA Low Density Residential 16. 1.49 17. J. Mortazavi 17. SF -IA Low Density Residential 17. 1.49 18. J. Mortazavi 18. SF -IA Low Density Residential 18. 2.01 19. B. Couch 19. AG Low Density Residential 19. 1.03 20. R. Pearson 20. AG Low Density Residential 20..870 21. J. Mortazavi 21. AG Low Density Residential 21. 3.08 22. B. Couch 22. AG Low Density Residential 22. 5.00 23. Lifestyles Inc. 23. S-P-2 Low Density Residential 23. 1.92 Case No. Attachment E ZA01-040 Page 2 Surrounding Property Owner Responses .,. Siena NOTICES SENT: Nineteen (19) RESPONSES: Three (3) responses were received from within the 200' notification area: • E. I. Wiesman, 2607 W. Southlake Blvd., Southlake, TX, in favor, "The row of cedar elm trees along the north boundary remain in place as a buffer zone." (Received May 30, 2001) • Mark Stanfield, 880 Davis Blvd., Southlake, TX, in favor. (Received May 31, 2001) • A. W. Haney, 400 Brock Dr., Southlake, TX, in favor, "With proper buffering and lot sizes as near to 1 acre as possible, nice homes will be better than industrial development." (Received June 7, 2001) Case No. Attachment F ZA01-040 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-370 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT ;6, 6C4, 6E, AND 01A IN THE .JLSSE G. AL.LEN: `SURVEY, ABSTRACT NO. 18 AND BEING, 28.363 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" RESIDENTIAL TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 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 "AG" Agricultural Case No. Attachment ZAOI-040 Page 4 District and "SF -IA" Single, F_=i 11y Residential District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad 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 Case No. Attachment ZA01-040 Page 5 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 tractor tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Case No. Attachment ZA01-040 Page 6 Being Tract 6,160, 6E,and 6FXA in,the Jesse G. Allen Survey, Abstract No. l being 28 363 and more fully and completely described in Exhibit "A" from Agricultural bistrict and "SF-lA Single Family'Residential District to "SF Single Farnily,Residential District. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of Case No. Attachment ZA01-040 Page 7 land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final Case No. Attachment ZA01-040 Page 8 disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Case No. Attachment ZA01-040 Page 9 PASSED AND APPROVED on the 1st reading the MAYOR ATTEST: day of , 2001. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA01-040 Attachment Page 10 EXHIBIT "A" LEGAL DESCRiP71ON SITUATED in the J. Allen Survey, Abstract No..18, Tarrant County, Texas, and being all of an 11,0 acre tract of land described in a deed to Richard A. Reutlinger as recorded in Volume 8226, Page 989 of the Deed Records of Tarrant County, Texas, and also being all of those certain three tracts described in a deed to Joyce Owen as recorded in Volume 13526, Page 164 of the Deed Records of Tarrant County, Texas and being more fully described as follows; BEGINNING at a 112" iron rod found in the north line of Union Church Road (variable width right-of-way) at the southwest corner of said 11.0 acre tract, and also being the southeast corner of a tract of land described in a deed recorded in Volume 12111, Page 826 of said Deed Records; THENCE North 00127'S2" East, along the west line of the said 11.0acre tract, a distance of 1347.79 feet to a 518' iron rod found for the northwest comer thereof, same being the northeast comer of a 5 acre tract, and also being in the south line of a 13.482tract of land described in a deed to E. 1. Wiesman as recorded in Volume 4243, Page 183 of the Deed Records of Tarrant County, Texas; THENCE South 88'33'38" East, along the north line of said 11.0 acre tract, a distance of 373.79 feet to a 518" iron rod found for the southeast comer of a 3.10 acre tract described in a deed to E. 1. Wiesman as recorded in Volume 4243, Page 182 of the Deed Records of Tarrant County, Texas; same being the southwest comer of a 9.549 acre tract of land described in a deed to E. I. Wiesman as recorded in Volume 4110. Page 13 of the Deed Records of Tarrant County, Texas, and the northeast comer of said 11.0 acre tract, and the northwest comer of a 16.86 acre tract of land described in a deed to Joyce Owen as recorded in Volume 13526, Page 164 of the Deed Records of Tarrant County, Texas; THENCE South 88*53'10* East, along the south line of said 9,549,am trap, a distance of 362,42 feet to a 112' iron rod fecund at the northwest comer of comer of Tiffany Acres, and addition to the City of Southlake, Tarrant County, Texas; THENCE South' 00°37'33" West, along the west line of said Tiffany Acres, a distance of 440.24 feet to a 112" iron rod found for the southwest comer of said Tiffany Acres; THENCE South 88°47'57" East, along the south line of said Tiffany Acres, a distance of 317.23 feet to a 112" iron rod found for the the northwest comer of a 2.0 acre tract of land described in_a deed to Mark W. Stanfield and wife, Melva Stanfield as recorded in Volume13112, Page 260 of the Deer! Records of Tarrant County, Texas; THENCE South 02'38'17' West, along the west line of said Stanfield tract, a distance of 125.21 feet to a 112` iron rod found for the southwest corner of said Stanfield tract; THENCE South 88°35'54' East, along the south tine of said Stanfield tract, a distance of 234,70 feet to a 518" iron rod found therein, same being the .northwest corner of a 3.87 acre tract of land described in a deed to H.A. White as recorded in Volume 1850, Page 382 of the Deed Records of Tarrant County, Texas; THENCE South 11 13222' West, along the west line of said White tract, a distance of 328.21 feet to a 11Y iron rod found for the southwest comer of said 3.87 acre tract, THENCE South,88'S7'48" East, along a south line of said 3,87 tract, a distance of 132.86 feet to a 112" iron rod found for comer in the west line of a remainder tract of an original 12 acres recorded in Volume 1850, Page 382 of the Deed Records of Tarrant County, Texas; THENCE South 01 `27'28" West, along the west line of said remainder tract, a distance of 436.42 feet to a V2" iron rod found in the north line of said Union Church Road, same being the southwest corner of said remainder tract, and being the southeast comer of the said Joyce Owen 16.86 acre tract; WJ0131,520181001SurveylLe0ar,28.363.doc REf,- l AP, 2 6 2001 Case No. Attachment ZA01-040 Page 11 EXHIBIT "A" THENCE North 89'49'11' West, along the north line of said Union Church Road and a south line of said 16.86 acre tract, a distance of 464.62 feet to a 1,2" iron rod found at the southwest comer of said 16.86 acre tract, and at the southeast comer of Lot 6, J. G. Allen No. 18 Addition, an addition to the City of Southiake, Tarrant County, Texas; THENCE North 01 *01 *56' East, along the east line of said Lot 8, a distance of 435.43 feet to a 1/2" iron rod found for the northeast comer of said Lot 8; THENCE North 87'45'30' West, along the north line of said Lot 8, a distance of 148.22 feet to a 5/8' iron rod found for an angle point; THENCE North W25'58' West, continuing along the north line of said Lot 8, a distance of 366.63 feet to a 1/2" iron rod found for the northwest comer of Lot 7 of said J. G. Allen No. 18 Addition, same being in the east line of the said 11.0 acre tract; THENCE South 00*45'08" West, along the east line of said 11,0 acre tract and along the west line of said Lot 7, a distance of 447.87 feet to a 1/2' iron rod found at the southwest comer of said Lot 7, same being the southeast comer of said 11.0 acre tract., and being in the north line of said Union Church Road: THENCE North 89'43'03' West, along the north line of said Union Church Road, and along the south line of said 11.0 acre tract, a distance of 367,01 feet to the POINT OF BEGINNING and containing 28.363 acres of land. This legal description was written using a combination of surveys provided by Peebles and Associates, and does not constitute an actual on the ground survey. M:,108'6201810014Survey'� egar�28,363,doe Case No. Attachment ZA0I-040 Page 12 MEMORANDUM June 15, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-035, Appointment of the Municipal Court Judge Action Requested: City Council appoints one (1) position to serve a two (2) year term as the Municipal Court Judge. Background: The judges of the municipal court of record in the City of Southlake shall be appointed by the City Council. A judge who was elected or appointed before September 1, 1999, continues in office until the end of the current term which has now expired. Six (6) applications have been received and are attached. Financial Consideration: Not Applicable. Citizen Input/ Board Review: Not Applicable. Legal Review: Not Applicable. Alternatives: Not Applicable. Supporting Documents: 1) Resolution No. 01-035 2) Applications Staff Recommendation: Make appointment to fill one (1) position. RESOLUTION NO.01-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING THE MUNICIPAL COURT JUDGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 1999 Texas Legislature adopted changes to various provisions of Chapter 30 of the Government Code relating to municipal courts of record, making it appropriate to revise Article II of Chapter 8 of the Code of Ordinances, in order to comply with the changes adopted by the 1999 Texas Legislature; and, WHEREAS, the Municipal Court Judge shall supervise and control the operation and clerical functions of the administrative department of the municipal court, including the court's personnel, during the proceedings or docket of the court; and, WHEREAS, the municipal judge of the municipal court of record in the City of Southlake must be a resident of the state; be a citizen of the United States; be a licensed attorney in good standing; and have two or more years of experience in the practice of law in this state; and, WHEREAS, the term of an appointed municipal court judge in the City of Southlake is two (2) years from the date of appointment and the City Council shall set the salary which may not be diminished during the judge's term of office and may not be based directly or indirectly on fines, fees, or costs collected from the court; and, THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2 The term of Warren A. "Brad" Bradley has expired. resolution, the City Council appoints a period of two (2) years as Municipal Court Judge. Under this for Section 3. This resolution is effective upon passage by the City Council. PASSED AND APPROVED THIS THE DAY OF JUNE 2001. CITY OF SOUTHLAKE, TEXAS 1:3i11 ATTEST: Sandra L. LeGrand City Secretary Mayor Rick Stacy LAW OFFICES OF BRADLEY LUCE BRADLEY A REGISTERED LIMITED LIABILITY PARTNERSHIP 1 255 MAIN STREET - SUITE 252 SOUTHLAKE, TEXAS 76092 (81 7) 329-5626 FAX (817) 48 1-5 230 U C.."` S� )� April 24, 2001 Ms. Sandy LeGrand City Secretary City of Southlake 1400 Main Street, Ste. 270 Southlake, Texas 76092 Re: Application for Appointment as Municipal Judge Dear Sandy: Enclosed you will find the following: 1. An Application for Appointment as Municipal Judge. 2. A resume of my experience. 3. A random sample of expressions of these are available if anyone woulcy Please process the above in the appropriate BKB/bb enclosures fort f�fn Southlake citizens. Many more of to view them. for City of Southlake APPLICATION FOR APPOINTMENT APPLICATION FOR APPOINTN ENT TO: MUNICIPAL JUDGE (name of board, commission or committee) * Use a separate application for each appointment desired Name: BRAD BRADLEY Address: 1657 CREEKSIDE DRIVE Home Phone: 817-488-7646 Employer: Bradley Luce Bradley Years in City: 19 Phone: 817-488-8048 Current and/or previous board, commission, or committee experience in the City of Southlake: Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the ;� I purpose, goals, and duties of same: continue to improve court services Qualifications and experience that would assist you in serving in this position: Please see attached Do you understand and agree that your regu attendance and active support are required as an appointee and that noncompliance could 'result in moval from the bo d? Additional information or comment . ease return this completed fo to the ity cretary's Office, 1725 E. Southlake Boulevard. Each application ill be kept on file for one (1) ear. r th t time it will be necessary to reapply and update the information herein if you wish to continue o be co id ed for appointment. 3/5/01 Signature: Date: I D:\WP-FILES\CITYSEC\FOPMS\APOrNTMN.FF-M BRAD BRADLEY Professional Experience * Bradley Luce Bradley, L.L.P., Southlake Town Square, 1256 Main Street, Ste. 252, Southlake, Texas 76092. (1980 — Present; including predecessor firms). * Admitted to practice by: Supreme Court of the State of Texas (1980), The Supreme Court of the State of California (1979) and The Supreme Judicial Court of the Commonwealth of Massachusetts (1979). * Admitted to practice before: United States Supreme Court, Washington, D.C. (1979), United States Court of International Trade, Washington, D.C. (1981), United States Tax Court, Washington, D.C. (1981), United States District Court for the Northern District of Texas, Dallas, Texas (1980), United States District Court of Massachusetts, Boston, Massachusetts (1979), United States Court of Appeals for the 5th Circuit, New Orleans, Louisiana (1980), United States Court of Appeals for the 9th Circuit, San Francisco, California (1980), United States Court of Appeals for the llth Circuit, Atlanta, Georgia (1981), United States District Court for the Western District of Texas, San Antonio, Texas (1997). * Assistant Attorney General for the State of Texas; Dallas, Texas, 1981. * Assistant Criminal District Attorney for Tarrant County; Fort Worth, Texas, 1980. * Fee Attorney: Stewart Title Company (1981 — 1984 and 1999 - Present). American Title Company (1995 - 1999); Safeco Land Title Company (1991 - 1995); Tarrant Title Company (1988 - 1991); and, Ticor Title Company (1984-1988). * Mediator: Harvard University School of Law, Cambridge, Massachusetts: Program of Instruction for Lawyers (Negotiation) 1994. Dispute Mediation Service, Dallas, Texas: Basic Mediation Course, 1994. Dispute Mediation Service, Dallas, Texas: Family Mediation Course, 1995. Harvard University School of Law, Program of Instruction for Lawyers (Mediation) 1993. Pro Bono Mediator, Dispute Mediation Service, Dallas, Texas and Dispute Resolution Services of Tarrant County, Inc. Elected / Appointed Positions * Presiding Judge, Municipal Court, City of Southlake, Texas, 1987 - Present. Appointed 1987 & 1989. Elected 1991, 1993, 1995 & 1998. Established Court of Record, 1990. Founded City of Southlake/Carroll ISD Teen Court, 1991. Founded MetroPort Teen Court 1994 (four cities and two school districts). * Judge, Municipal Court, City of Grapevine Texas, 1993 - Present. * Presiding Judge, Municipal Court, Town of Trophy Club, Texas, 1989 - 1997. * Presiding Judge, Municipal Court, Town of Westlake, Texas, 1994 - 1997. * Judge, Municipal Court, City of Burleson, Texas, 1995 - 1997. * Presiding Judge, Municipal Court, Town of Edgecliff Village, Texas, 1991 - 1994. * Commissioner, City of Southlake, Texas, Home Rule Charter Commission. Elected, 1987; Chairman, 1987- 1988. Professional Memberships * State Bar of Texas, 1980-Present. Alternative Dispute Resolution Section, Subcommittee on Mediation in Schools, 1994. Committee on Law Focused Education, 1992 - 1994. Municipal Court Judges Section 1988 - Present. * State Bar of California, 1979 - Present. * State Bar of the Commonwealth of Massachusetts, 1980 - Present. * College of the State Bar of Texas, 1993 - Present. * The Pro Bono College of the State Bar of Texas, 2000 — Present. * Tarrant County Bar Association, 1990 - 1997. * Northeast Tarrant County Bar Association, 1992 - 1994. * Municipal Courts/Justice Courts Bar Association, 1994 - Present. * Texas Municipal Courts Association, 1988 - Present. Nominating Committee 1995 - 1996. Legislative Committee, 1996 - 1997. * Tarrant County Association of Mediators, 1993 -1996. * American Judge's Association, 1990 - Present. Legislative Committee, 1992 -1994. Highway Safety Committee, 1996 - 1998. Domestic Violence Committee, 1996 - 1997. Juvenile Justice Committee, 1999 — Present. Judicial Leadership for Court and Community Collaboration Committee, 1999 — 2000. * MetroPort Bar Association, Founder, 1995. President, 1995 - 1999. * American Judicature Society, 1996 - Present. * American Bar Association, 1996 - Present. Judicial Division, 1996 - Present. Texas Delegate to National Conference of Special Court Judges, 1997 and 1999. Member, National Conference of Special Court Judges and National Center for State Courts, 1996 - Present. Education * Juris Doctor, Southern Methodist University School of Law, Dallas, Texas, 1978. * Bachelor of Arts (Political Science), Northeastern University, Boston, Massachusetts, 1972. * Post -Graduate Studies: Harvard University (Economics & Government) 1973.; American Graduate School of International Management, Glendale, Arizona (International Management) 1974. * Texas Municipal Courts Education Center, Austin, Texas: Municipal Judges Course, 1988 - 2000. Juveniles and Minors course, 1995. * American Bar Association, Traffic Court Institute, The George Washington University School of Law, Washington, D.C., 1996. Traffic Court Institute, Northwestern University School of Law, Chicago, Illinois, 1994 & 2000. -2- Communitv Founder * Texas Sister Cities International, Inc., Co -Founder, 1997. Vice -Chairman, 1998. Promotes international cultural and economic exchanges. * Southlake Executive Forum, Inc., Co -Founder, 1997. President, 1998. Director 1997 — Present. Forum for networking, programs and projects of interest to area business executives. * Summer Santa, Inc., Co -Founder, 1997. Chairman, 1997 - 2000. Chairman Emeritus 2000 — Present. Serving the summertime need of needy children in Northeast Tarrant County with toys, clothing, school supplies and activities. * Metroplex Teen Court Bar Association, Inc., Co -Founder, 1997. Encourages pursuit of law focused education by teens in Dallas/Ft. Worth area. * Southlake/Carroll Council on Alcohol and Drug Abuse, Co -Founder, 1997. Joint venture by the City of Southlake and the Carroll ISD to develop a coordinated, community -wide Juvenile Substance Abuse program. * The Carroll Education Foundation, Inc., Founder, 1996. President, 1996 - 1997. Director 1997 — Present. Provides grants to teachers for innovative classroom projects in the Carroll ISD. * MetroPort Teen Court, Founder, 1996. Joint venture by four Cities and two School Districts providing alternative sentencing of area teens by local municipal courts. * MetroPort Bar Association, Founder, 1996. Local bar association for attorney's living and/or working in eight cities in northeast Tarrant County. * NLF Education Foundation, Inc. (1994 - Present). Founder, 1994. President, 1994 - Present. Programs include Vital Link, Staff Development Consortium, Texas Scholars, Superintendents Roundtable, Education Challenge Series, SchoolArts, Enterprise City, Youth Issues Roundtable and The Principal Network. Supports various education programs in six school districts in Northeast Tarrant County. * CultureLink Education Foundation, Inc. Co -Founder, 1994. President, 1994 - 1995. Sponsors Video conferences between local and foreign high school students. * Students Promoting Alternative Resolution to Conflict (S.P.A.R.C.). City of Southlake/Carroll Independent School District Peer Mediation Project. Founder, 1994. Chairman, SPARC Coordinating Council, 1994 - 1995. District -wide alternative dispute resolution program. * Southlake Presidents Council. Founder, 1994. Chairman, 1994. Forum for Civic leaders to discuss issues of mutual interest or concern. * Carroll Scholastic Boosters Club. Founder, 1994. Co -Chairman, 1994 - 1995. Promotes and recognizes academic excellence in the Carroll ISD. * Southlake Dispute Resolution Service, Inc. Founder, 1994. President, 1994 - 1996. Community -wide, cost free mediation service. -3- * Southlake Youth Action Commission (S.Y.A.C.) Founder, 1994. Advisor, 1994 - 1996. Initiated City of Southlake Youth Parks and Recreation Board. Youth leadership and community service program. * Southlake Program for the Involvement of Neighborhoods (S.P.I.N.) Co -Founder, 1993. Facilitator, 1993 - 1996. City sponsored citizen involvement program to enhance communication into and out of municipal government. * Northeast Leadership Forum, Inc. (NLF), Founder, 1990. Chairman, 1990 - 1994. Director Emeritus, 1994 - Present. Chairman, Education Committee, 1990 - 1994. Mayor's Roundtable. Organization of 100 experienced leaders in Northeast Tarrant County which fosters programs in the arts, education, and economic development. * MetroPort Cities Partnership, Inc., Co -Founder, 1988. Chairman, 1989. Director Emeritus, 1990 - 1994. Director, 1989 - 1994. Board of Governors, 1990 -1994. Promotes economic development in eight area cities. * Keep Southlake Beautiful, Inc. (KSB) Director, 1992 - 1995. Co -Founder, 1992. Promotes cleaner, more beautiful environment. * Environmental Task Force, City of Southlake. Founder, 1990. Chairman, 1990 - 1992. Established curbside recycling program. * Team Focus, City of Southlake/Carroll Independent School District, Founder, 1992. Facilitator, 1992 & 1994. Promoted city/school district cooperation concerning joint use facilities. * Southlake Sister Cities, Inc., (1987 - Present) Founder, 1987. Chairman, 1987 - 1992. Director, 1991 - 1994. Cultural exchange programs for all citizens with Japanese sister city. * Leadership Southlake, Southlake Chamber of Commerce, Inc., Co -Founder, 1990. Program for identification and development of community leaders. *Southlake Economic Development Council, Co -Founder, 1988. President, 1988. Director, 1988 - 1990. Promotes economic development in Southlake, Texas. * Southlake Chamber of Commerce, Inc., Co -Founder, 1983. President, 1989. President - Elect, 1988. Immediate Past President, 1990. Treasurer, 1986 - 1987. Director, 1984 - 1990. Outstanding Chamber Member, 1988. Appreciation Award, 1986. Appreciation Award, 1985. Community Memberships * Chase Bank of Texas, N.A., Tarrant County Advisory Board, 1998 - 2001. * Arts Council of Northeast Tarrant County, Board of Directors, 1997 - 1998. Partnership Committee, 1996 - 1997. Chairman's Advisory Committee, 1999 - Present. * Metroport Meals -On -Wheels, Inc. Board of Governors, 1993 - Present. * Southlake Historical Society, Inc., Director, 1992 -1994. Trustee, 1996 - 1998. * Imagisphere, "A Hands -On Children's Museum", Advisory Council, 1995 - Present. -4- * Advisory Council, Fort Worth Star -Telegram - Northeast, 1996 - 1997. * Carroll Independent School District Bond Steering Committee, 1996. * United Way of Tarrant County - Northeast, Family Focus Task Force, 1995 - 1996. Human Services Committee 1991-1993. Annual Campaign 1990. Ad Hoc Advisory Committee 1997 — Present. * 1994 Charter Review Committee, City of Southlake, Chairman. * Strategic Planning Committee, Carroll Independent School District, 1993 - 1994. * Carroll Middle School, Site -Based Decision Team, Carroll Independent School District, 1992 - 1993. * Sister Cities International, Inc., Texas State Coordinating Committee, 1990 - 1996. *Citizens Awareness Committee, Carroll Independent School District, 1990 - 1992. * Harris Hospital H.E.B., Health Exchange, Member, 1990 - 1992. * 1990 Charter Review Commission, City of Southlake, Chairman. * City of Southlake/Town of Trophy Club, Merger Committee, Chairman, 1988 - 1989. Community Activities * Region XII, High School Academic Decathlon, Interview Judge, 1996. * Carroll High School, Commencement Speaker (Student Selected), 1996. * Coach: DFW Soccer Association, Southlake Youth Basketball, Southlake Baseball Association, Southlake/Keller PARD Youth Hockey. * Camp Fire of Tarrant County, Annual Campaign, 1990. * American Heart Association, Tarrant County Chapter, Annual Campaign 1991 - 1992. Awards * Recipient of NLF Distinguished Community Service Award, 1994. * Southlake "Man of the Year", 1989. * Named one of twenty-eight "Pacesetters" for Tarrant County by the Fort Worth Star -Telegram, 1989. -5- Pro Bono Activities Serves/Served as Volunteer Counsel to: Southlake Womens Club, Inc.; Southlake Chamber of Commerce; Inc.; Southlake Baseball Association, Inc.; Keep Southlake Beautiful, Inc.; Carroll Council of PTOs, Inc.; Southlake Girls Softball Association, Inc.; Peter's Wish Foundation, Inc.; Southlake Economic Development Council, Inc.; Northeast Leadership Forum, Inc.; Metroport Cities Partnership, Inc.; Grapevine Relief And Community Exchange, Inc. (G.R.A.C.E.); Roanoke, Trophy Club, Westlake Chamber of Commerce, Inc.; Colleyville Chamber of Commerce, Inc.; Colleyville Chamber/Community Foundation, Inc.; NLF Education Foundation, Inc.; Southlake Historical Society, Inc.; Southlake Sister Cities, Inc.; Southeast Wise County Chamber of Commerce, Inc.; Tarrant County Eagle Forum, Inc.; Metroport Meals -On -Wheels, Inc.; Lake Cities Arts Council, Inc.; CultureLink Education Foundation, Inc.; Southlake Dispute Mediation Service, Inc.; Citizens Advocating Parks for Southlake (C.A.P.S.); Arts Council of Northeast Tarrant County , Inc.; Jack D. Johnson Elementary School Parent Teacher Organization, Inc.; Southlake Newcomers Club, Inc.; Don T. Durham Elementary School Parent Teacher Organization, Inc.; Carroll Education Foundation, Inc.; Carroll High School Parent Teacher Student Organization, Inc.; Argyle Chamber of Commerce, Inc.; Summer Santa, Inc.; Texas Teen Court Bar Association, Inc.; Metroport Bar Association, Inc.; Metroport Republicans, Inc.; Texas Sister Cities International, Inc.; Texas School Hockey Association, Inc.; Southlake Executive Forum, Inc.; Southlake Public Art Foundation, Inc.; Northwest Communities Foundation, Inc.; North Texas Teen Court Foundation, Inc.; G.R.A.C.E. Foundation, Inc.; Carroll High School Hockey Association, Inc.; Call A Ride of Southlake, Inc. Amended 09.99 -6- ` rA K X T X SOUTHWEST SPORTS GROUP, INC. March 26, 2001 Bradley for Judge 1256 Main Street Suite 252 Southlake, Texas 76092 To Whom It May Concern: Please accept this letter as our expression of support for Brad Bradley for Southlake Municipal Court Judge. In our opinion, Judge Bradley is uniquely qualified for this position. As a former practicing attorney, I had the occasion to practice in front of many municipal court judges in various states. Rarely did I cross paths with a judge with the qualifications and experience of Brad Bradley. My wife and I offer our unqualified support for Judge Bradley. Very Trul Mi,pKael J. Cramer Chief Operating Officer Southwest Sports Group Christy Gallorramer ff200 Crescent Court, Suite 1065 • Dallas, Texas 75201 • 214-965-7979 • 214-965-7989 Fax SUNBELT Scott D. Widell, Regional Manager REGION "Securing Bright Futures" March 21, 2001 Bradley for Judge 1256 Main Street, Suite 252 Southlake, TX 76092 _ To whom it may concern, This letter is intended as a strong vote of support for re -appointment of Brad Bradley as Judge of the Southlake Municipal Court. Our community (and our youth in particular) need a Judge with the character, integrity and experience of Mr. Bradley. We have been residents of Soutlake for seven years and we have never heard a single negative remark about Judge Bradley. We have had to face Judge Bradley in court to deal with traffic citations and we found him to be fair minded and personable. We have had the opportunity to observe Judge Bradley preside and find him to be firm but fair. It is unusual for a small community like Southlake to have a Judge with such outstanding academic and professional credentials. Furthermore, Soutlake has a very high (per -capita) youth population. We need a Judge that has been deeply involved with the youth in our community. Judge Bradley has been involved (with kids) as a father, coach, counselor, mediator and more. As our city grows it becomes increasingly imperative that we preserve the talent that has served us so well. Again, our family strongly supports the continued appointment of Judge Brad Bradley. In Earnest Scott D. Widell 808 Elmbrook Ct. „r Soutlake, TX 76092 Debra L. Grave 808 Elmbrook Ct. Soutlake, TX 76092 2351 W. NW HWY, Suite 1200 LK Box 24, Dallas, TX 75220 214-357-9353 • Fax 214-357-9401 • E-mail Scott4u2c@aol.com April 15, 2001 Bradley for Judge 1256 Main Street Suite 252 Southlake, Texas 76092 To Whom It May Concern; My wife, Melinda, and I are in strong support of the Honorable Brad Bradley to continue to serve the City of Southlake as Municipal Court Judge. We have known Judge Bradley for twenty years and think very highly of him. He has served the City very well over the years, not only in his capacity, as Muncipal Judge but in philanthropic and civic endeavors as well. We are proud to count him as a friend and proud to have him as our Muncipal Judge. Sincerely, '/�� David McMahan & Melinda McMahan Bradley jor Judge 1256Main Street, Suite 252 Southlake, Texas 76092 To Whom It May Concert: I worked jor Brad Bradley jor about seven years. I don't lazow of anyone who is better suited jor the position as Judge. Mr. Bradley is a very honest person. We need honesty in all positions but especially in the position as Judge. Though opportunities are there jor probably all judges to be involved in an unethical situation, he would never ever participate in any such situation. He is a man with high integrity. He is a very jair and reasonable person but holds strong to the laws of our land. In many of my conversations with him over the years, I detected a sincere concern on his part to reach out to the youth in a caring but firm manner. As you can see jrom his resume, his education more than surpasses that which would be required jor this position and. his 23 years experience in the legal field dictates knowledge jar beyond education. Our country would be better ojj ij we had more "Brad Bradleys" in our legal system. And, certainly our City of Southlake would be blessed to have Brad Bradley as Judge. Sincerely, S�— Sandy Mickelson 1652 Creekside Drive Southlake, Texas 7092 I sincerely join my wife in the comments above. I have also known Brad Bradley jor many years and can vouch jor every word as stated above. He would be the best person I know jor the position as Judge. Ed Mickelson March 15, 2001 Bradley for Judge 1256 Main Street Suite 252 Southlake, TX 76092 To Whom It May Concern: Being longtime residents of Southlake with many years of service to both the City of Southlake and the Carroll Independent School District, we are aware of the investment of time and dedication these activities can take. We wish to express our thanks to Brad Bradley for his years of service to the community as Judge of the Southlake Municipal Court and for his participation on many Committees, Commissions, and in other community activities. We support him, without reservation, in his effort to continue as Judge of the Southlake Municipal Court. It is our opinion that his ethics, experience, training and tireless commitment to quality and innovation make him the most qualified and dedicated individual for the position. Sincerely, �7 c Mr. and Mrs. Bruce McCombs JAMES R. RIDENOUR 1840 NORWOOD PLAZA SUITE 101 HURST, TEXAS 76054 (817) 282-7611 Jim R1 b)2NC)NrZ s1�iNDi rZ11�12,vv�cl'� (030 L��►`irhoNiD j>LVD, V/, � - � / 4 1� The Austin 1658 Creekside Drive Southlake, TX 76092 (817)4814242 March 2, 2001 Bradley for Judge, 1256 Main Street, Suite 252, 9 Southlake, TX 76092 To Whom It May Concern, My Family and I became residents of Southlake in early 1983. Later that year, Judge Bradley and his family became our neighbors. We remain so today. His reputation as our serving Municipal Court Judge is of the very highest order. And his dedication to this community as shown by his long-time participation and leadership in a host of Southlake civic organizations, make his re-election essential to the ongoing, and growing justice system needs of our city. We have no hesitation to offer our full support to Judge Bradley in his efforts to gain another term as our Municipal Court Judge. Sincerely, Peter E. Austin Sharon A. Austin MARTIN W. SCHELLING 2665 N. White Chapel Southlake, Texas 76092 March 1, 2001 Bradley for Judge 1256 Main Street, Suite 252 Southlake, Texas 76092 Dear Judge Bradley, It is my opinion that you have done a fine job as the Southlake Municipal Judge for the past 14 years. I support your reelection efforts for the coming term. Do not hesitate to contact me if I can be of assistance. Sincerely, Martin W. Schelling MWS/st 1016 Diamond Boulevard Phone: 817/329-6101 Southloke, Texas 76092 Fax: 8 17/329-8676 Email: al.hildreth@home.com March 5, 2001 Bradley for Judge 1256 Main Street Suite 252 Southlake, Texas 76092 Dear Mr. Bradley: Sheri and I would like to heartily endorse your continued tenure as judge of the Southlake Municipal Court. We think you have done an outstanding job in this capacity, and we are proud to have you here in Southlake. We look forward to having you as our judge for many years to come. Please use us as a reference in this regard for any of your purposes. Sincerely, GOJ& �-"Ot� — Al and Sheri Hildreth 1016 Diamond Boulevard Southlake, Texas 76092 DENTISTRY DENTISTRY FOR THE QUALITY CONSCIOUS. 2379 North Carroll Road • Southlake, TX 76092 817/488-7512 % sot ml-'MX S. THOMAS CZARNECKI D.M.D. , M.S. ORTHODONTICS 754 Carroll Rd. • Southlake, Tx. 76092 •817-488-1150 Subj: support judge bradley Date: 03/04/2001 10:52:17 PM Central Standard Time From: Flakehome o: JSouthlakeJu0ce To Whom it May Concern: It is an honor for us to support Judge Brad Bradley. Judge Bradley has been an incredible Southlake leader in his role as our Municipal Court Judge for 14 years. We have lived in Southlake for nearly ten years and have seen the tremendous growth. Judge Bradley's court has continued to grow with our growing community. Our local justice system is efficient and accessible to all residents. Quality is what Southlake is all about and it goes without saying that our court system under the direction of Judge Bradley is a quality issue as well. Thank you, Judge Bradley for your time and efforts in making Southlake the quality community that we enjoy today. Darrell and Felicia Lake 1435 N Peytonville Southlake, TX 76092 ragciuli oraa orauley 03/03/2001 10:53:36 AM Central Standard Time From: sjbrown@gte.net (Shirley Brown) To: SouthlakeJudge@aoLcom We believe Brad Bradley has made positive strides as Judge of the Southlake Municipal Court. His credentials show he has the experience and training needed for this position and he has demonstrated his support in making Southlake a safe place to live. We would like to see this service to our community continue. Sincerely, William and Shirley Brown 1014 Quail Run Road Southlake, TX 76092 ------------ --------- Headers ------ —------------ —---- ---- Return-Path: <sjbrown@gte.net> Received: from rly-xa04.mx.aol.com (rly-xa04.mail.aol.com [172.20.105.73]) by air-xa02.mail.aol.com (v77_rl .21) with ESMTP; Sat, 03 Mar 2001 11:53:36 1900 Received: from smtppop3pub.verizon.net (smtppop3pub.gte.net (v77_rl .21) with ESMTP; Sat, 03 Mar 2001 11:53:25 -0500 Received: from gte.net(lCustl.tnt3.fort-worth.tx.da.uu.net [63.61 by smtppop3pub.verizon.net with ESMTP for <SouthlakeJudge@aol.com>; id KAA125365485 Sat, 3 Mar 2001 10:48:38 -0600 (CST) Message -ID: <3AA121AD.F3442C81@gte.net> Date: Sat, 03 Mar 2001 10:54:05 -0600 From: Shirley Brown <sjbrown@gte.net> X-Mailer: Mozilla 4.75 [en] (Win98; U) X-Accept-Language: en MIME -Version: 1.0 To: SouthlakeJudge@aol.com Subject: Brad Bradley Content -Type: text/plain; charset=us-ascii Content -Transfer -Encoding: 7bit [206.46.170.22]) by rly-xa04.mx.aol.com 116.1]) Monday, March 05, 2001 America Online: SouthlakeJudge rags i Vi t ZPupl: municipai amour[ juage Date: 03/02/2001 11:12:58 AM Central Standard Time From: GILLUMT@gateway.southlakecarroll.edu (Ted Gillum) To: SouthiakeJudge@aol.com Carolyn and I have known Judge Bradley for approximately six years and we both strongly support his campaign for Municipal Court Judge. We believe that Judge Bradley can best be described as a community servant. He has the ability to see the big picture and then act to improve that picture. Judge Bradley has strongly supported the Carroll Independent School District by taking a leadership role with the formation of the Carroll Education Foundation. I recommend Judge Bradley to you at the highest level and strongly encourage you to cast your vote in his favor and allow him to continue his service to the City of Southlake as Municipal Court Judge. -------------------- -- Headers ----- —--- --------------- --- — Return -Path: <GILLUMT@gateway.southlakecarroll.edu> Received: from rly-xb02.mx.aol.com (rly-xb02.mail.aol.com [172.20.105.103]) by air-xb04.mail.aol.com (v77 rl .21) with ESMTP; Fri, 02 Mar 2001 12:12:58 -0500 Received: from gateway.southlakecarroll.edu ([206.50.59.49]) by rly-xb02.mx.aol.com (v77 rl .21) with ESMTP; Fri, 02 Mar 2001 12:12:40 -0500 Received: from cisdmail-Message_Server by gateway.southlakecarroll.edu with Novell GroupWise; Fri, 02 Mar 2001 11:07:08 -0600 Message -Id: <sa9f7edc.040@gateway. south lakecarroll.edu> X-Mailer: Novell GroupWise 5.2 Date: Fri 02 Mar 2001 11:06:54 -0600 From:WM-".. GILLUMT@gateway.southlakecarroll.edu> To: SouthlakeJudge@aol.com Subject: Municipal Court Judge Mime -Version: 1.0 Content -Type: text/plain; charset=US-ASCII Content -Transfer -Encoding: quoted -printable Content -Disposition: inline Friday, March 02, 2001 America Online: SouthlakeJudge 1 a6c; 1 ul 1 To: tsramey for juage 03/01/2001 1:10:30 PM Central Standard Time Icarter@gateway.southlakecarroll.edu (Linda Carter) Southlakejudge@ aol. com We would like to voice our continued support for Brad Bradley as Judge of the Southlake Municipal Court. Brad has done an excellent job as our municipal judge and we would like to see him continue serving Southlake in this capacity. Mabel Cate 2050 E. Dove St. Southlake 817-488-8083 Jerry and Linda Carter 1961 E. Highland St Southlake 817-488-5180 Ichcarter@aol.com ----------------------- Headers -------------------------------- Return-Path: <Icarter@gateway.southlakecarroll.edu> Received: from rly-za02.mx.aol.com (rly-za02.mail.aol.com [172.31.36.98]) by air-za05.mail.aol.com (v77 rl .21) with ESMTP; Thu, 01 Mar 2001 14:10:30 -0500 Received: from gateway. south lakecarroll.edu ([206.50.59.49]) by rly-za02.mx.aol.com (v77 rl .21) with ESMTP; Thu, 01 Mar 2001 14:10:14 1900 Received: from cisdmail-Message_Server by gateway. south lakecarroll.edu with Novell GroupWise; Thu, 01 Mar 2001 13:04:39 -0600 Message -Id: <sa9e48e7.060@gateway. south lakecarroll.edu> X-Mailer: Novell GroupWise 5.2 Date: Thu, 01 Mar 2001 12:55:26 -0600 From: "Linda Carter" <Icarter@gateway.southlakecarroll.edu> To: Southlakejudge@aol.com Subject: Bradley for Judge Mime -Version: 1.0 Content -Type: text/plain; charset=US-ASCII Content -Transfer -Encoding: quoted -printable Content -Disposition: inline Thursday, March 01, 2001 America Online: SouthlakeJudge rags i ui i Subj: support for Brad Bradley Date: 03/01/2001 9:41:57 AM Central Standard Time From: Jan825 To: SouthlakeJudge This is to inform you that we give our full support to Judge Bradley for reelection. Joe and Jan Nelson 1703 Creekside Drive Southlake, Texas 76092 817-481-2410 Thursday, March 01, 2001 America Online: SouthlakeJudge 1 arc 1 V1 1 Date: 03/07/2001 9:46:34 AM Central Standard Time From: h.caldwell@verizon.net (Harry Caldwell) I To: southlakejudge@aol.com Attention Judge Bradley: My wife and I are proud to offer our support for your effort to continue serving as Judge of Southlake's Municipal Court. We believe that you have the training and experience to address any issue that comes before you. Your dedication to our community is much appreciated. Harry & Era Lee Caldwell 813 Parkdale Drive Southlake, TX 76092 ------- ------- ----- Headers ------------------------------ — Return -Path: <h.caldwell@verizon.net> Received: from rly-xd04.mx.aol.com (rly-xd04.mail.aol.com [172.20.105.169]) by air-xd01.mail.aol.com (v77 rl .21) with ESMTP; Wed, 07 Mar 2001 10:46:34 -0500 Received: from smtppop2pub.verizon.net (smtppop2pub.gte.net [206.46.170.21]) by rly-xd04.mx.aol.com (v77 rl .21) with ESMTP; Wed, 07 Mar 2001 10:46:17 -0500 Received: from pavilion(crtntx1-ar2-082-224.dsl.gtei.net [4.33.82.224]) by smtppop2pub.verizon.net with SMTP for <southlakejudge@aol.com>; id JAA100165985 Wed, 7 Mar 2001 09:46:31 -0600 (CST) From: "Harry Caldwell" <h.caldwell@verizon.net> To: <southlakejudge@aol.com> Subject: Statement of Support Date: Wed, 7 Mar 2001 10:00:08 -0600 Message -ID: <NEBBLLFMBABOAIFDBHENOEFJCAAA.h.caldwell@verizon.net> MIME -Version: 1.0 Content -Type: text/plain; ch arset="iso-8859-1 " Content -Transfer -Encoding: 7bit X-Priority: 3 (Normal) X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook IMO, Build 9.0.2416 (9.0.2910.0) Importance: Normal X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2615.200 Wednesday, March 07, 2001 America Online: SouthlakeJudge r agc i ul i aucl: aupporz Date: 03/09/2001 10:08:41 AM Central Standard Time From: rmallory@airmail.net (Robert Mallory) To: SouthlakeJudge@aol.com Dear Judge Bradley; Even though we have never met, I know of your good work on behalf of the citizens of Southlake. I hereby pledge my support for your reelection to the Judge of the Southlake Municipal Court. Regards Robert L. Mallory 806 Hillcrest Trail Southlake, Texas 76092 P.S. Please give my regards to Buddy Luce ,he is an old friend of mine. ------ ---------- ----- Headers —--------------------------- — Return -Path: <rmallory@airmail.net> Received: from rly-ye03.mx.aol.com (rly-ye03.mail.aol.com [172.18.151.200]) by air-ye04.mail.aol.com (v77 rl .21) with ESMTP; Fri, 09 Mar 2001 11:08:41 -0500 Received: from covert.iadfw.net (covert. black -ring. iadfw. net [209.196.123.142]) by rly-ye03.mx.aol.com (v77 rl .21) with ESMTP; Fri, 09 Mar 2001 11:08:25 -0500 Received: from ai from [63.98.11.148] by covert. iadfw. net (/1##/1 Smail3.1.30.16 #30.49) with smtp for <SouthlakeJudge@aol.com> sender: <rmallory@airmail.net> id <mQ/14bPRN-0005NtQ covert.iadfw.net>; Fri, 9 Mar 2001 10:08:29 -0600 (CST) Message-ID:<002001 c0a8b4$f6f67320 $940b623f@airmail. net> From: "Robert Mallory" <rmallory@airmail.net> To: <SouthlakeJudge@aol.com> Subject: Support Date: Fri, 9 Mar 2001 10:21:15 -0600 MIME -Version: 1.0 Content -Type: multipart/alternative; bound ary="--- _NextPart_000_001 D_01 COA882.AC0075AO" X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 5.00.2615.200 X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2615.200 Friday, March 09, 2001 America Online: SouthlakeJudge J uate: 03/19/2001 8:01:58 AM Central Standa From: jinnkie@tlash.net (Virginia M. Muzyka) To: SouthlakeJudge@aol.com As a citizen of Southlake and a volunteer in several of the non profits that are established and/or serve the Southlake community, I have known Judge Bradley to offered his assistance in the area of his expertise. Therefore, Judge Bradley is an involved member of the community and knows the needs of the area citizens. With that in mind, I think Judge Bradley will continue to serve as an advocate on behalf of victims of crime and serve his community to the best of his ability. The support from the household of Kie & Virginia M. Muzyka will continue. Thank you, Kie & Virginia M. Muzyka 823 S. Peytonville Ave. Southlake, TX 76092 817/481-6354 ragctvii Subj: Candidacy Date: 03/16/2001 7:48:45 AM Central Standard Time From: W2JUA To: SouthlakeJudge We are pleased to lend our support to the re-election efforts of Brad Bradley for Municipal Court Judge for Southlake. Judge Bradley has shown a special ability to serve all the people of Southlake, and his re-election is important to the future of our City. John and Marilyn Van Son 675 SouthView Trail Southlake, Texas 76092-6319 Friday, March 16, 2001 America Online: SouthlakeJudge rags i ui i Subj: Support for Municipal Judgeship Date: 03/12/2001 11:03:49 AM Central Standard Time From: DDerrelliohnson To: SouthlakeJudge Brad, Kitty and I appreciate your professionalism and integrity as Municipal Judge in Southlake over the last several years and will support your efforts for election in the next electon. Derrell and Kitty Johnson, 2503 Hillside Court, Southlake Monday, March 12, 2001 America Online: SouthlakeJudge Subj: Support for Brad Bradley Date: '03/07/2001 9:56:34 PM Central Standard Time From: Amfarkas To: SouthlakeJud e We support Brad Bradley for Municipal Court Judge. His past service has been a positive force in the connnunity. Joe and Ann Farkas (residents since 1984) 1019 Mission Dr. Southlake upport of Judge Bradley Date: 103/09/2001 2:05:57 PM Central Standard Time From: law@barrysorrels.com (Barry Sorrels) To: SouthlakeJudge@aol.com To Whom It May Concern: The purpose of this message is to show my support for Brad Bradley as Municipal Court Judge of Southlake. Judge Bradley has served the citizens of Southlake in an honorable and capable manner. He is highly regarded as an attorney and a Judge in the Tarrant County legal community. I cannot imagine a better qualified person for this position. As both a practicing attorney and resident of Southlake, I give Judge Bradley the highest reccommendation possible. Please feel free to contact me at any time to discuss my feelings about Judge Bradley in more detail. Sincerely Barry Sorrels 908 Westminster Way , Southlake, Texas 76092 817.329.9429 hm 214.651.1121 wk ISubj: ]Brad Bradley for Judge - Southlake Date: 03/10/2001 1:27:38 PM Central Standard Time n: DavisRP@aafes.com (Davis, Richard) southlakejudge@aol.com ('southlakejudge@aol.com) Judge Bradley has done an outstanding job for the city of Southlake. His reasonable and fair judgements while on the bench has contributed signifcantly to the welfare of the Southlake community. I strongly encourage the city of Southlake to offer Judge Bradley another appointment to this very important post. Rick & Dawn Davis 1655 Creekside Dr. Southlake, Tx. 76092 ISubj: 113rad Bradley for Judge of the Southlake Municipal Court Date: 103120/2001 2:17:22 PM Central Standard Time I com (Gary Blankenship) SouthlakeJudge@aol. com My wife and I have known Brad Bradley for approximately twenty years. In all of those years, we have never known or heard of Judge Bradley being anything but honest, experienced and certainly one of the most stalwart stewards of the strength and reputation of the good City of Southlake. We certainly support the continuation of Brad Bradley as Southlake Municipal Court Judge because of his integrity and his unfailing efforts to improve the quality of justice in our home town. H. Gary and Cynthia Blankenship 1407 Chimney Works Southlake, Texas 76092 upoort for Judae Bradl ate: 3/20/2001 2:57:01 PM Central Standard Time Qom: wersum@dellepro.com :): SouthlakeJudge@aol.com I would like to take this opportunity to voice my support for Judge Bradley to continue to serve the Southlake Municipal Court. Judge Bradley is dedicated to the city of Southlake and its residents, especially our youth. Southlake would benefit greatly by his experience, expertise and commitment to our city. Sincerely, Joan & Keith Wiersum, 1710 Sleepy Hollow, Southlake, TX 76092 ragcivil Date: 03/23/2001 8:51:22 AM Central Standard Time From: cwhitehead@electronicpackaging.com (Cindy Whitehead) To: SouthlakeJudge@aol.com To Whom It Concerns (which is all of us residents) to have Bradley continue to serve as Judge. It is obvious that he is focused and in control with set priorities of all community concerns. Cynthia Jane Whitehead (Robert E. Whitehead -deceased) 211 Lake Crest Drive Southlake, Texas 76092 ------- ----------- --- Headers --------------------------- ---- Return-Path: <cwhitehead@electronicpackaging.com> Received: from rly-zb02.mx.aol.com (rly-zb02.mail.aol.com [172.31.41.2]) by air-zb04.mail.aol.com (v77_rl .36) with ESMTP; Fri, 23 Mar 2001 09:51:22 -0500 Received: from barry.mail. mindspring.net (barry.mail.mindspring.net [207.69.200.25]) by rly-zb02.mx.aol.com (v77 rl .36) with ESMTP; Fri, 23 Mar 2001 09:51:13 -0500 Received: from electron icpackaging. com (dal-tx7-14.ix.netcom.com [207.94.122.142]) by barry.mail.mindspring.net (8.9.3/8.8.5) with ESMTP id JAA24901 for <SouthlakeJudge@aol.com>; Fri, 23 Mar 2001 09:51:10 -0500 (EST) Message-ID:<3ABB650E.AC7ED358@electronicpackaging.com> Date: Fri, 23 Mar 2001 09:00:30 -0600 From: Cindy Whitehead <cwhitehead@electronicpackaging.com> X-Mailer: Mozilla 4.51 [en] (Win98; 1) X-Accept-Language: en MIME -Version: 1.0 To: SouthlakeJudge@aol.com Subject: BRADLEY FOR JUDGE X-Priority: 1 (Highest) Content -Type: text/plain; charset=us-ascii Content -Transfer -Encoding: 7bit Friday, March 23, 2001 America Online: SouthlakeJudge ragciuii bupport Tor juage rsraaiey 03/21/2001 1:51:52 PM Central Standard Time From: Balti@worldnet.att.net (David Baltimore) To: SouthlakeJudge@aol.com I have had the honor and privilege of serving with Judge Bradley on a number of worthy community organizations (most of which were organized by him). He continues to be a valuable and responsible member of this community_ My wife and I strongly support the City of Southlake appointing Judge Bradley the Municipal Court Judge and his continuation in that office. David and Nancy Baltimore 1368 Holland Hill Southlake, Texas 76092 817-488-3593 Balti@worldnet.att.net ----------------------- Headers ------------- ------------------ Return-Path: <Balti@worldnet.aft. net> Received: from rly-zb05.mx.aol.com (rly-zb05.mail.aol.com [172.31.41.5]) by (v77 rl .21) with ESMTP; Wed, 21 Mar 2001 14:51:51 -0500 Received: from mtiwmhc28.worldnet.aft. net (mtiwmhc28.worldnet. aft. net [204 zb05.mx.aol.com (v77 rl .21) with ESMTP; Wed, 21 Mar 2001 14:51:26 -0500 Received: from balti ([12.74.40.9]) by mtiwmhc28.worldnet.att.net (InterMail vM.4.01.03.16 201-229-121-116-20010115) with SMTP id<20010321195122.EWBW6477.mtiwmhc28.worldnet.att.net@balti> for <SouthlakeJudge@aol.com>; Wed, 21 Mar 2001 19:51:22 +0000 Message-ID:<001101c0b240$7ff09c20$09284a0c@balti> From: "David Baltimore" <Balti@worldnet.att.net> To: <SouthlakeJudge@aol.com> Subject: Support for Judge Bradley Date: Wed, 21 Mar 2001 13:49:32 -0600 Organization: MIME -Version: 1.0 Content -Type: text/plain; charset="iso-8859-1 " Content -Transfer -Encoding: 7bit X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 5.00.2314.1300 X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2314.1300 air-zb04.mail.aol.com 127.131.36]) by rly- Thursday, March 22, 2001 America Online: SouthlakeJudge i ur,l. 1 Vl 1 Subj: Bradley for Judge Date: 03131 /2001 1:28:59 PM Central Daylight Time From: DSmith CLU To: SouthlakeJudge Judge Bradley has done an excellent job as Judge in the past and is the best person for the position in the future. His contributions to the city of Southlake have been tremendous. In addition, he is a very caring person with outstanding moral and ethical standards. Larry and Diane Smith Faughn 215 Eastwood Southlake, Texas 76092 817-481-4702 Sunday, April 01, 2001 America Online: SouthlakeJudge rar'r, 1 V1 1 Subj: Judge Bradley Date: 04/03/2001 8:28:18 PM Central Daylight Time From: GFickes650 To: Bradley857 I would encourage the appointment of our Judge Brad Bradley to another term as the Municipal Judge for the City of Southlake. Judge Bradley has served our city with honor and dignity for many years and has sacrificed professionally and personally to serve our city. He has initiated numerous programs to benefit the city, the school district and the NETC area. Judge Bradley is known statewide for his programs benefiting the youth of our area. We are truly bless to have a person of his abilities serving as our City Judge. Gary Fickes Former Mayor of Southlake Wednesday, April 04, 2001 America Online: Bradley857 r ar,c i art i ouq: iener of support Date: 03/26/2001 11:54:07 AM Central Standard Time From: debbeeheldoom@hotmail.com (debbee heldoorn) To: southlakejudge@aoLcom It is my pleasure to endorse Brad Bradley for Municipal Judge of Southlake. Judge Bradley has participated in community organizations to stop youth and sustance abuse and has provided a high quality criminal justice for the citizens of Southlake. I urge you to vote for Brad Bradley Muncipal Court Judge. Debbee Heldoorn Get your FREE download of MSN Explorer at http://explorer.msn.com ----------------------- Headers -------------------------------- Return-Path: <debbeeheldoorn@hotmail.com> Received: from rly-zb01.mx.aol.com (rly-zb01.mail.aol.com [172.31.41.1]) by air-zb04.mail. aol.com (v77 rl .36) with ESMTP; Mon, 26 Mar 2001 12:54:07 -0500 Received: from hotmail.com (f127.1aw3.hotmail.com [209.185.241.127]) by rly-zb01.mx.aol.com (v77 rl .36) with ESMTP; Mon, 26 Mar 2001 12:53:41 1900 Received: from mail pickup service by hotmail.com with Microsoft SMTPSVC; Mon, 26 Mar 2001 09:53:34 -0800 Received: from 206.50.88.2 by Iw3fd.law3.hotmail.msn.com with HTTP; Mon, 26 Mar 2001 17:53:34 GMT X-Originating-IP: [206.50.88.2] From: "debbee heldoorn" <debbeeheldoorn@hotmail.com> To: southlakejudge@aol.com Subject: letter of support Date: Mon, 26 Mar 2001 11:53:34 -0600 Mime -Version: 1.0 Content -Type: text/plain; format=flowed Message-ID:<F127ZWkKkgTgtoBjfgB00016629@hotmail.com> X-OriginalArrivalTime: 26 Mar 2001 17:53:34.0401 (UTC) FILETIME=[AD4A5310:01 COB61 D] Monday, March 26, 2001 America Online: SouthlakeJudge r arc 1 Ul 1 Date: From: To: Support Statement 03/26/2001 12:40:30 PM Central Standard Time ins. com (Holzgraefe, John R.) com ('SouthlakeJudge@aol.com' We believe that Judge Brad Bradley has earned our support for his reelection. John and Sandi Holzgraefe - JENKENS & GILCHRIST E-MAIL CONFIDENTIALITY NOTICE - This transmission may be: (1) subject to the Attorney -Client Privilege, (2) an attorney work product, or (3) strictly confidential. If you are not the intended recipient of this message, you may not disclose, print, copy or disseminate this information. If you have received this in error, please reply and notify the sender (only) and delete the message. Unauthorized interception of this e-mail is a violation of federal criminal law. ----------------------- Headers -------------------------------- Return-Path: <J Holzgraefe@jen ken s.com> Received: from rly-yh04.mx.aol.com (rly-yh04.mail. aol.com [172.18.147.36]) by air-yh02.mail.aol.com (v77 rl .36) with ESMTP; Mon, 26 Mar 2001 13:40:30 -0500 Received: from dalexch3.jenkens.com (jenkens-bh.jenkens.com [204.167.223.66]) by rly-yh04.mx.aol.com (v77 rl .36) with ESMTP; Mon, 26 Mar 2001 13:40:20 -0500 Received: by DALEXCH3 with Internet Mail Service (5.5.2650.21) id <HVWFLD62>; Mon, 26 Mar 2001 12:35:59 -0600 Message-ID:<FD3C71867212D51193770008C72BOFBC017608@DALEXCH4> From: "Holzgraefe, John R." <JHolzgraefe@jenkens.com> To: "'SouthlakeJudge@aol.com"' <SouthlakeJudge@aol.com> Subject: Support Statement Date: Mon, 26 Mar 2001 12:38:20 -0600 MIME -Version: 1.0 X-Mailer: Internet Mail Service (5.5.2650.21) Content -Type: text/plain; charset="iso-8859-1 " Monday, March 26, 2001 America Online: SouthlakeJudge ou have our support Date: 103/03/2001 7:36:22 PM Central Standard Time From:jrollins@gte.net (John Rollins) To: SouthlakeJudge@aol.com Brad, You can count on Dee and my support in your upcoming election. As a family who has lived in Southlake ince 1989 we have seen the growth and are appreciateive for all you have done to improve and guide students through such things as Tean Court and the CISD foundation. In addition, your leadership to this growing community has made it a place we are proud to call home. Thank you for the many hours of service. John Rollins - PE, Former Carroll ISD Trustee for six years Dee Rollins - PhD, RD/LD - Nutritian Educator and Clinical Dietitian Baylor Medical Center at Grapevine ----------------------- Headers -------------------------------- Return-Path: <jrollins@gte.net> Received: from rly-ye01.mx.aol.com (rly-ye01.mail. aol.com [172.18.151.198]) by air-ye01.mail.aol.com (v77_rl .21) with ESMTP; Sat, 03 Mar 2001 20:36:22 -0500 Received: from smtppop2pub.verizon.net (smtppop2pub.gte.net [206.46.170.21]) by rly-ye01.mx.aol.com (v77_rl .21) with ESMTP; Sat, 03 Mar 2001 20:36:06 -0500 Received: from gte.net(1Cust231.tnt8.grapevine.tx.da.uu.net [63.26.170.231]) by smtppop2pub.verizon.net with ESMTP for <SouthlakeJudge@aol.com>; id TAA107760622 Sat, 3 Mar 2001 19:36:18 -0600 (CST) Message -ID: <3AA19BD5.45EDA28F@gte.net> Date: Sat, 03 Mar 2001 19:35:17 -0600 From: John Rollins <jrollins@gte.net> X-Mailer: Mozilla 4.75 [en] (Win98; U) X-Accept-Language: en MIME -Version: 1.0 To: SouthlakeJudge@aol.com Subject: You have our support Content -Type: text/plain; charset=us-ascii Content -Transfer -Encoding: 7bit ate: 03/23/2001 5:43:23 PM Central Standard Time From: bob@lbitx.com (Bob Mundlin) Reply -to: bob Ibitx.com To: SouthlakeJudge@aol.com File: winmail.dat (1896 bytes) DL Time (28800 bps): < 1 minute To: Members of the Southlake City Council. I have known Brad Bradley almost since th ago. He has served the community well in leadership, vision and the investment of his in the truest sense. However, I recommend Municipal Bench not for his civic contributio tough and honest adjudication of the cases hope you will reappoint and I hope he will c Bob Mundlin Lifetime Benefits Insurance 3205 East Highway 114, Suite Southlake, TX 76092 (817) 481-7133 mailto:bob@lbitx.com http://www.lbitx.com e day I moved to Southlake 16 years a variety of ways by virtue of his time. He is a public servant Brad for reappointment to our ns, but rather for his fair, that are presented before him. ontinue to serve. ------------------- --- Headers -------------------------------- Return-Path: <bob@lbitx.com> Received: from rly-xd04.mx.aol.com (rly-xd04.mail.aol.com [172.20.105.169]) by air-xd02.mail.aol.com (v77_rl .36) with ESMTP; Fri, 23 Mar 2001 18:43:23 -0500 _ Received: from zwave.com (hermes.zwave.net [216.139.199.197]) by rly-xd04.mx.aol.com (v77 rl .36) with ESMTP; Fri, 23 Mar 2001 18:43:00 -0500 Received: from bob [4.40.158.202] by zwave.com (SMTPD32-6.05) id AF8225B6008A; Fri, 23 Mar 2001 17:42:58 -0600 Reply -To: <bob@lbitx.com> From: "Bob Mundlin" <bob@lbitx.com> To: <SouthlakeJudge@aol.com> Subject: Bradley for Judge Date: Fri, 23 Mar 2001 17:43:26 -0600 Message -ID: <NDBBLKOFOLJFEANAFAJGCEGLCBAA.bob@lbitx.com> MIME -Version: 1.0 Content -Type: multipart/mixed; boundary="----=_NextPart_000_001 B_01 COBKO.C3A5F560" X-Priority: 3 (Normal) X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook IMO, Build 9.0.2416 (9.0.2910.0) Importance: Normal X-MS-TNEF-Correlator: <N D BBLKO FOLJ F EANAFAJGCEG LCBAA. bob@ I bitx.com> X-MimeOLE: Produced By Microsoft MimeOLE V5.50.4522.1200 Monday, March 26, 2001 America Online: SouthlakeJudge 1 arc 1 ul 1 Subj: (no subject) Date: 03/25/2001 10:09:48 PM Central Standard Time From: JayCP To: Bradley857 The purpose of this communication is to share my confidence in the ability and dedication of Judge Brad Bradley. His work is well respected throughout Northeast Tarrant County. We are fortunate that he choses to work for the citizens of Southlake. Sincerely, J Carol Parsons Monday, March 26, 2001 America Online: Bradley857 Thank you for the job you have done as our judge. We enthusiastically support your efforts to continue in this capacity for our community. Sincerely, Brad & Alison Crawford Subj: Isupport Date: 03/05/2001 8:53:36 AM Central Standard Time From: jack@ ablockbuster. corn (Jack Milner) To: SouthlakeJudge@aol.com File: inmail.dat (1884 bytes) DL Time (28800 bps): < 1 minute Jack and Vicki Milner 1402 Thetford Court Southlake, Texas 76092 As current Chairman of the Carroll Education Foundation, I would like to voice my support of Judge Brad Bradley in his bid to continue as our Judge. I have come to know Judge Bradley well as a member of the Foundation, and he has shown consistent support and dedication to the continued success of the Foundation he founded in 1996. Many times there are those with grand ideas but without the dedication of purpose and involvement to see their ideas through. I think all community leaders should show such leadership in diverse ways outside of their 'official" capacity. Please join me in support of Judge Bradley. Jack Milner ------------- --------- Headers -------------------------------- Return-Path: <jack@ablockbuster.com> Received: from rly-za02.mx.aol.com (rly-za02.mail.aol.com [172.31.36.98]) by air-za02.maiLaol.com (v77_rl .21) with ESMTP; Mon, 05 Mar 2001 09:53:36 -0500 Received: from svr3.applink.net (svr3.applink.net [206.50.88.3]) by rly-za02.mx.aol.com (v77_rl .21) with ESMTP; Mon, 05 Mar 2001 09:53:12 1900 Received: from Jack (pril2-10-92.applink.net [216.91.197.92]) by svr3.applink.net (8.10.1/8.10.1) with SMTP id f25EfeN27848 for <SouthlakeJudge@aol.com>; Mon, 5 Mar 2001 08:41:40 -0600 From: "Jack Milner" <jack@ablockbuster.com> To: <SouthlakeJudge@aol.com> Subject: Support Date: Mon, 5 Mar 2001 05:53:15 -0600 Message -ID: <NDBBJOFMCLHFLNLIDOHAIEGECCAA.jack@ablockbuster.com> MIME -Version: 1.0 Content -Type: multipart/mixed; bound ary="----=_NextPart_000_0017_01 COA538.92200EEO" X-Priority: 3 (Normal) X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook IMO, Build 9.0.2416 (9.0.2910.0) X-MimeOLE: Produced By Microsoft MimeOLE V5.50.4133.2400 Importance: Normal X-MS-TNEF-Correlator: <NDBBJ0FMCLHFLNLIDOHA]EGECCAA.jack@ablockbuster.com> ragcIUil 0UUJ. orau araaiey Date: 04/18/2001 4:55:30 PM Central Daylight Time From: tcarroll@gte.net (Timothy "Tim" Carroll) To: southlakejudge@aol.com I have known Brad Bradley for almost a year through his involvement in community organizations and professional) (he is the attorney for my business). I have always found Brad to be extremely generous with his time, friendly, fair and a great asset to the city of Southlake. My wife Amy and I strongly support his re- appointment as Judge of the Southlake Municipal Court. Sincerely, Tim and Amy Carroll 911 Carriage Way Southlake, TX 76092 817-251-1157 ----------------------- Headers -------------------------------- Return-Path: <tcarroll@gte.net> Received: from rly-xc02.mx.aol.com (rly-xc02.mail.aol.com [172.20.105.135]) by air-xc01.mail.aol.com (v77 rl .36) with ESMTP; Wed, 18 Apr 2001 17:55:30 -0500 Received: from smtppop3pub.verizon.net (smtppop3pub.gte.net [206.46.170.22]) by rly-xc02.mx.aol.com (v77 rl .36) with ESMTP; Wed, 18 Apr 2001 17:55:08 2000 Received: from default(evrtwa1-ar4-100-097.elnk.dsl.gtei.net [4.33.100.97]) by smtppop3pub.verizon.net with SMTP for <southlakejudge@aol.com>; id QAA85692 Wed, 18 Apr 2001 16:50:10 -0500 (CDT) Message -ID: <006401 cOc851 $805f2880$61 6421 04@vz. dsl.genu ity. net> From: "Timothy \"Tim\" Carroll" <tcarroll@gte.net> To: <southlakejudge@aol.com> Subject: Brad Bradley Date: Wed, 18 Apr 2001 16:49:53 -0500 MIME -Version: 1.0 Content -Type: multipart/alternative; boundary="----=_NextPart_000_0061_01 COC827.97353420" X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 5.50.4133.2400 X-MimeOLE: Produced By Microsoft MimeOLE V5.50.4133.2400 Thursday, April 19, 2001 America Online: SouthlakeJudge ragcivli 04/17/2001 3:57:20 PM Central Daylight Time From: bcatino@home.com (Bob Catino) To: Bradlev857CcDaol.com Brad, Here is a statement of support. Hope all is well! Bob Catino ----------------- The physical, political, and socioeconcomic landscape of Southlake has undergone tremendous change in the last ten years. This rapid growth has contributed to the improvement to Southlake, but it also has brought about turmoil and conflict. It is comforting to know that Brad Bradley has been, is, and will be committed to ensuring fair treatment to all under the law. With his ability to continuously expand and modify court services, it is no wonder that many regard Brad as one of the rocks upon which Southlake has been built. Robert J. Catino, Ph.D. 935 Brittany Court Southlake, Texas ----------------------- Headers -------------------------------- Return-Path: <bcatino@home.com> Received: from rly-xa05.mx.aol.com (rly-xa05.mai1.aol.com [172.20.105.74]) by air-xa04.mail.aol.com (v, ( r1.36) with ESMTP; Tue, 17 Apr 2001 16:57:20 -0400 Received: from femail22.sdcl.sfba.home.com (femail22.sdcl.sfba.home.com xa05.mx.aol.com (v77 rl .36) with ESMTP; Tue, 17 Apr 2001 16:56:46 -0400 Received: from bob ([24.11.8.242]) by femail22.sdcl.sfba.home.com (InterMail vM.4.01.03.20 201-229-121-120-20010223) with SMTP id<20010417205645.EUJS7024.femail22.sdc1.sfba.home. com@bob> for <Bradley857@aol.com>; Tue, 17 Apr 2001 13:56:45 -0700 Message -ID: <02el01 cOc781$02bfb28O$0500a8cO@ftwrthl .tx.home.com> From: 'Bob Catino" <bcatino@home.com> To: <Bradley857@aol.com> Subject: Statement of Support Date: Tue, 17 Apr 2001 15:57:27 -0500 MIME -Version: 1.0 Content -Type: multipart/alternative; boundary="----=_NextPart 000 02DE 01 COC757.19AFAECO" X-Priority:3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 5.00.2615.200 X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2615.200 [24.0.95.147]) by rly- Wednesday, April 18, 2001 America Online: Bradley857 1 a6G 1 ul 1 To: Ke: campaign 04/03/2001 10:41:23 AM Central Daylight Time DTYELTON@comdisco.com (David Yelton) idley857@aol.com "Our communities are blessed to have Brad Bradley's spirit, leadership, energy and character. Our lives are enriched daily through the organizations he has founded." David T. Yelton David T. Yelton Vice President, Strategic Accounts Comdisco, Inc. 2505 N. Highway 360, Suite 300 Grand Prairie, TX 75050 "Can't means lazy. Let's find a way." - Ken Pontikes 817-530-4017 office and voice mail 817-360-6532 mobile 817-649-8932 fax dtyelton@comdisco.com Sandy Fox, assistant 817-530-4004 >>> <Bradley857@aol.com> 04/02/01 12:06PM >>> DY: A one line e-mail will help. Anything I can do on sports equipment collection. BB ----------------------- Headers --- —--- ---------------------- Return-Path: <DTYELTON@comdisco.com> Received: from rly-yb03.mx.aol.com (rly-yb03.mail.aol.com [172.18.146.3]) by air-yb05.mail.aol.com (v77 rl .36) with ESMTP; Tue, 03 Apr 2001 11:41:23 -0500 Received: from Iinuxmail02.comdisco.com (rsmtdns02.comdisco.com [204.71.45.1941) by rly-yb03.mx.aol.com (v77 rl .36) with ESMTP; Tue, 03 Apr 2001 11:41:07 -0400 Received: from webshield02.cdol.com (webshield02.comdisco.com [204.71.45.26]) by Iinuxmai102.comdisco.com (8.11.0/8.11.0) with SMTP id f33Ff6007567 for <Bradley857@aol.com>; Tue, 3 Apr 2001 10:41:06 -0500 Received: FROM groupwise.comdisco.com BY webshield02.cdo1.com ; Tue Apr 03 10:40:13 2001 -0500 Received: from RSMTGWIABdom-Message_Server by groupwise.comdisco.com with Novell GroupWise; Tue, 03 Apr 2001 10:40:58 -0500 Message-ld: <sac9a8ba.001 @groupwise.comdisco.com> X-Mailer: Novell GroupWise 5.5.2 Date: Tue, 03 Apr 2001 10:40:43 -0500 From: "David Yelton" <DTYELTON@comdisco.com> To: <Bradley857@aol.com> Subject: Re: Campaign Mime -Version: 1.0 Content -Type: text/plain; charset=US-ASCII Content -Transfer -Encoding: quoted -printable Content -Disposition: inline Tuesday, April 03, 2001 America Online: Bradley857 r agc 1 ui i Date: 03/27/2001 12:35:51 AM Central Standard Time From: JHALTOM@trin.com (Jim Haltom) Sender. • JHALTOM@trin.com (Jim Haltom) To: southlakejudge@aol.com (southlakejudge) We are proud to support Brad Bradley for Municipal Judge for the city of Southlake. We have known Mr. Bradley for some years now and believe he doing an outstanding job for our city. Sincerely, Jim and Brenda Haltom 1700 sunshine lane Southlake, Tx 76092 ----------------------- Headers ------------ —--- -------------- Return-Path: <SMFGW.JHALTOM@trin.com> Received: from rly-yd02.mx.aol.com (rly-yd02.mail.aol.com [172.18.150.2]) by air-yd01.mail.aol.com (v77 rl .36) with ESMTP; Tue, 27 Mar 2001 01:35:51 -0500 Received: from mailhost.trin.com ([208.34.180.133]) by rly-yd02.mx.aol.com (v77 rl .36) with ESMTP; Tue, 27 Mar 2001 01:35:43 -0500 — X-SMF-Message-ID: 3D43312E019F0000 X-SMF-Hop-Count: 1 Date: Tue, 27 Mar 2001 00:34:00 -0600 Sender: Jim Haltom <JHALTOM@trin.com> From: Jim Haltom <JHALTOM@trin.com> To: southlakejudge <southlakejudge@aol.com> X-EXP32-SerialNo: 00100003 Subject: Support Letter Message -ID: <3ABF1A9C@mailhost.trin.com> Mime -Version: 1.0 Content -Type: text/plain; charset="ISO-8859-1" Content -Transfer -Encoding: 7bit X-Mailer: InterChange (Hydra) SMTP v3.61.07 Tuesday, March 27, 2001 America Online: SouthlakeJudge 1 u6%. 1 Vl 1 Subj: Bradley for Judge Date: 03/26/2001 10:30:22 PM Central Standard Time From: KWaII90039 To: SouthlakeJudge Dear Brad: Kathy and I both feel that you are doing an excellent job. Keep up the good work, and please let me know if there is anything I can do to ensure that you remain our municipal judge. Your friend, Steve Wallace 101 Woodglen Court South lake, Texas Tuesday, March 27, 2001 America Online: SouthlakeJudge LARRY D.FLYNN TERESA L. CAMPBELL MICHAEL S. FRANCIS G. MACK ZIMMERMAN, II VIA HAND DELIVERY rLYM, cAWBF ,T, & FRANM A REGISTERED LIMITED LIABBdTY PARTNERSHIP ATTORNEYS AT L A W Sandra LeGrand, City Secretary City of Soutlake 1400 Main Street, Ste. 270 Southlake, TX 76092 700 E. SOUTHLAKE BLVD., SUITE 150 SOUTHLAKE, TEXAS 76092 May 22, 2001 Re: Application for Municipal Judge Dear Mrs. LeGrand: R I M R 0 w I ` MAY 2 2 20 OFFICE OF CITY SECRETARY PHONE/METRO: 817.329.3000 FAX: 817.481.5464 E-MAIL: FIRM@FLYNNCAMPBELL.COM Enclosed please find my Application for Appointment for the position of Municipal Judge for the City of Southlake. Should you have any questions, please do not hesitate to contact me at my home or office. Sincerely, kz"%� k Teresa L. Campbell Enclosure T City of Southlake ,,, Application for Appointment APPLICATION FOR APPOINTMENT TO: Municipal Judge (name board, commission or, committee) *Use a separate application for each appointment desired. Name: TPrPGa L. Camphell Address: 130 Jellico Circle, Southlake, TX Voter's Registration # Home Phone: 817.379.6044 Work Phone: 817.3 2 9.3 0 0 0 Email: tcampbell@flynncampbel: com Employer: Flynn, Campbell & Francis, L.L.P. Current and/or previous board, commission, or committee experience in the City of Southlake: Assoc. Municipal Judge for Southiake 1998-present; Metroport Teen Court ,rJudge 1994-present Reason(s) for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: See attachment . Qualifications and experience that would assist you in serving in this position: resume. See attached 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, Town Hall, 1400 Main Street, Suite 270, Southlake, Texas 76092, fax to (817) 481-5826, or email to address: slegrand(a)cityofsouthlake.com. ,,,.Applications are 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: a— G' LACity Secretary\Miscellaneous\Application for Boards.doc T ' Reason(s) for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: The purpose in returning to my hometown area to practice law after graduating from law school was to serve the community that had given so much to me growing up and shaped the adult I have become. I believe the role of a judge in a community is not only to act as a role model, as I have attempted to do for teens through my six years on the bench with the Metroport Teen Court Program, but also to help define the law and give the citizens a better understanding of where they stand in the grand scheme of the multitude of codes, statutes, and ordinances. Statistics show that for most people, their only interaction with the judicial system in an entire lifetime is traffic court. In fact, most people who knew the Hon. Joe Drago III, the recently retired senior district criminal court judge in Fort Worth, remembered him not for his many years on the district court bench and presiding over the "cadet murders," but for the time that he spent presiding over one of the municipal courts in Fort Worth dealing with defendants representing themselves over transportation code and city ordinance violations. Judge Drago was known for being firm, but fair, which is the model that I have made for myself in the role that I have served the City of Southlake as the Associate Municipal Judge since February 1998. Because first impressions are quite important, as the Municipal Judge, you are quite possibly the one and only contact many citizens may have with the City of Southlake. I believe that I can serve that position with the utmost fairness and impartiality, so that people leave our court knowing that they have been treated fairly, but with a new respect for the law and our city. Qualifications and experience that would assist you in serving in this position: I hold a Bachelor of Arts degree in Communications from the University of Texas at Arlington and a Juris Doctor Degree in Law from the School of Law at Baylor University. Since becoming licensed to practice law in Texas in December 1991, I have continuously litigated in the justice, county and district courts of Tarrant, Dallas, Collin, Denton and Parker counties. In addition, I have served the City of Southlake as the Associate Municipal Judge since February 1998 and as a judge for the Metroport Teen Court Program for the past six years. RESUME OF TERESA L. CAMPBELL ATTORNEY SUMMARY OF Good oral and written communication skills. Able to work with QUALIFICATIONS: deadlines, manage multiple projects, and explain difficult issues to the average lay person. EDUCATION: Juris Doctor, Baylor University School of Law, Waco, Texas, 1991. Bachelor of Arts (Journalism), University of Texas at Arlington, Arlington, Texas, 1988. Honors program graduate. Exchange student, University of London, England, 1986. LANGUAGES: Working knowledge of French, with limited Spanish and German. PROFESSIONAL EXPERIENCE: 2000 - Present FLYNN, CAMPBELL & FRANCIS, L.L.P., Southlake, Texas. PARTNER with law firm previously known as Flynn & Campbell, L.L.P., located in Southlake, Texas. Providing services in the same areas of law, and also handling all public relations and marketing matters for the firm. 1998 - Present ASSOCIATE MUNICIPAL JUDGE, Southlake, Texas. Appointed by the city council of Southlake, Texas, to serve as the Associate Municipal Judge whenever the elected municipal judge is unavailable, handling arraignments, plea sessions, warrants, protective orders, motion hearings, and trials. 1998 - 2000 FLYNN & CAMPBELL, L.L.P., Southlake, Texas. PARTNER with law firm previously known as Flynn & Associates which moved to Southlake, Texas. Providing services in the same areas of law, but also handling all public relations and marketing matters for the firm. 1992 - 1998 FLYNN & ASSOCIATES, Grapevine, Texas. ASSOCIATE with law firm. Provide services to clients with wide ranging problems in general civil practice, but with particular concentration on family law litigation, probate, real estate transactions, general business and corporate matters, labor/employment matters, civil litigation, commercial litigation and estate planning. handle all family law, probate, and labor/employment matters for the firm. personally and successfully represented clients in the district and county courts of Collin, Dallas, Denton, Parker, and Tarrant counties. brought portable business to firm and continue to develope own clientele. prepared opinion letters and legal memoranda, and counseled clients in the areas of general business, corporate, franchise, family and property law. prepared real estate closing documents and handled residential real estate closings. - successfully negotiated independent contractor agreement for literary agent with two of the largest publishing companies in the United States. investigated and handled discrimination claims and work -related injuries for state-wide temporary personnel agency. requested author/speaker for corporate clients on employment law topics. 1991 - 1992 TERESA L. CAMPBELL, Attorney at Law, Grapevine, Texas. SOLO PRACTITIONER. Provided general civil practice legal services to clients including estate planning, family law and business contracts. successfully developed thriving solo practice upon acceptance to State bar. - personally represented clients in the district and county courts of Tarrant and Dallas counties. prepared opinion letters and legal memoranda, and counseled clients in the areas of general business, corporate, franchise, family and property law. ADDITIONAL PROFESSIONAL ACTIVITIES: Seminars: Attended European Law Seminar, EEC 1992, University of Glasgow, Scotland, 1990. Articles: "Interspousal Torts, " published for paralegal section of Texas State Bar, 1993. Presentations: "Avoiding Sexual Harassment in the Workplace," multiple client presentation, 1995-1997. "An Overview of the Americans With Disabilities Act and the Family Medical Leave Act," 1995- 1997. "Estate Planning for Seniors," 1999. MEMBERSHIPS: Texas State Bar Association Tarrant County Bar Association Tarrant County Family Law Bar Association ACTIVITIES: Judge/Teen Attorney Mentor, Metroport Teen Court, 1994-present. Grapevine Chamber of Commerce Southlake Chamber of Commerce, Director 1998 - present, Business Expo Chairperson 2000 Southlake Chamber of Commerce, Women's Division, 1997 - 1999, Vice President 1998-1999 Southlake Chamber of Commerce, 1997-1998 Leadership class graduate Colleyville Chamber of Commerce Colleyville Chamber of Commerce, 1998-1999 Leadership class graduate Arts Council of Northeast Tarrant County, Director 2001 - present 06."13/2001 11: 57 JONES DAVIS a. BYERS, L.L.P. 7 8174815826 NO.001 D01 LAW OFFICES OF JONES, DAvis & B'YEP s A RR-03TIMED LIMI7CD L1A1311-ITY PARTNL emp 4949 WESTGAOVE DRIVE SUITE 200 DALLAS, TEXAS 75248 MATTHEW K. DAVIS To: Ms. Sandy LeGrand City of. South..lake From: Matthew K. Davis, Esq. Date: June 13, 2001 Pages: 2 (plus this cover page) Rc: Municipal Court COMMENTS: My resume is attached. Please call me if you have any questions. Thanks. Telept m pm) 733-3117 Facsimile (972) 733-3119 ITYIB�iSQp�Obu.r. cwm If you do not receive all of the following pages, please call this office at (972) 733-311.7. Our facsimile number is (972) 733-3119. If you did not receive all of this tl-nnsminI071, please call the senoo- os soon as possible. THE INFORMATION CONTAINED IN THIS FACSIMI LF MESSAGF, I S A170.1111NEY.PRIVI LEGED AND CONFIDENTM L INFORMATION INTENDED ONLY FOR THE US.E OF THE INDIVIDUAL OR ENTITY NAMED ABOVE, 1F THE READER OF THIS MESSAGE IS NOT THE INTENDED W'l PI ENT, OR THE. EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU A KE HEREBY NOT] PIED THATANYY DISSEMINATION. DISTRIBUTION OR COPYING OF TI•TIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMK4F0fA'rI',:LY NOTW-Y 1;5 BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA U.S. POSTAL SI WICE. TNANIC YOU. FACSIMILE NUMBER CALLED 11 M.kdltttkdlForm 1 Atzh arris (817) 481-5826 06/13/2001 11:57 JONES DAUIS & BYERS, L.L.P. -+ 81-(4815826 NO.001 P03 BAR ADMISSIONS: LEGAL EDUCATION MATTHEW K. DAVIS State Bar of Texas, 1989 p R� 0 W C. im 13 M OFFICE OF CITY SECRETA United States Court of Appeals for the Fifth Circuit United States District Court: Northern District of Texas, Southern District of Texas, Eastern District of Texas, Western District of Texas, District of Maryland, District of Arizona SMU School of Law, Dallas, Texas Juris Doctor degree, May 1989 Class rank: top 25% Honors: Law review, The International Lawyer, staff member 1987-88, Leading Articles Editor 1988-89; Phi Delta Phi; Who's Who Among American Law Students Activities: moot court, moot court instructor, new student orientation counselor UNDERGRADUATE Texas A&M University, College Station, Texas EDUCATION: Bachelor of Arts, Political Science, May 1986 Grade Point Average: 3.43 (4 point scale) Honors: University Undergraduate Fellow, Distinguished Military Graduate, Distinguished Student, U.S. Army Scholarship Activities: Corps of Cadets, O.R. Simpson Honor Society, Pi Sigma Alpha Honor Society PERSONAL: Married; 3 daughters and 1 son REFERENCES: Available upon request 06/13:'2001 11:57 JONES DAVIS & BYERS, L.L.P. y 8174815826 NO.001 D02 MATTHEW K. DAVIS 2704 Springhill Drive Grapevine, Texas 76051 (817) 421-2851 h (972) 733-3117 w LEGAL WORK EXPERIENCE: January 2000 until present; Jones, Davis & Byers, L.L.P. (f/k/a Hesse, Jones & Davis, L.L.P.), Dallas, Texas. Founding partner of six lawyer firm in north Dallas. Chairperson of litigation section. First -chair jury trial experience in state court, appellate experience in federal court. Area of concentration: commercial litigation. February 1999 until December 1999; Hesse & Jones, P.C., Dallas, Texas. Member of eight lawyer firm in north Dallas. Served as chairperson of litigation section. First -chair jury trial experience in state court, appellate experience in federal court. Area of concentration: commercial litigation. March 1994 until February 1999; Zelle & Larson, L.L.P., Dallas, Texas. Member of an 18 attorney Dallas office of national law firm specializing in litigation. First -chair jury trial experience in state and federal court and commercial arbitration experience. Firm responsibilities included serving as chairperson of recruiting committee. Areas of concentration: commercial litigation and insurance subrogation. September 1989 until March 1994; Jenkens & Gilchrist, RC., Dallas, Texas. Member of the litigation section of a Dallas law firm with approximately 250 attorneys nationwide. Jury trial and bench trial experience in state court, bench trial experience in federal court, commercial arbitration experience, appellate experience in state court. One of the initial lawyers who helped open the firm's Washington, D.C. office from 1992 - 1993. Area of concentration: commercial litigation. REPORTED DECISIONS: Lawfinders Assoc., Inc. v. Legal Research Center, Inc., 65 F.Supp.2d 414 (N.D. Tex. 1998), aff'd, 193 F,3d 517 (511 Cir. 1999) Crown Sterling, Inc. v. Clark, 815 F.Supp. 199 (N.D. Tex. 1993) Batton v. Green, 801 S.W.2d 923 (Tex. App. -- Dallas 1990, no writ) FAX COVER SHEET BROWN PRUTI I PETERSON & WAMBSGANSS, P.C. Chase Texas Tower 201 Main Street, Suite 801 Fort Worth, Texas 76102 (817) 338-4888 Metro: 429-1111 FAX: 817-338-0700 DATE: / Z — of TOTAL NUMBER OF PAGES INCLUDING COVER SH=: TO: J�/4 �✓1JV LE C" r r�Efi�L�71 L� FAX NUMBER: $/ ?- FROM: /l/.0 ♦ ��S BPPW No.: RE: 771e information con -rained in this facsimile is confidential and is intended only for the use of the addressee. If you are not the addressee or the person responsible for delivering facsimiles to the addressee, then you have received this facsimile in error. In such case, you are nor authorized to use, disseminare, distribute or copy such facsimile but are requested to telephone the sender and mail the facsimile to the sender at the above address. Hard Copy to Follow — Yes No Telecopied By: Tn•J Tfz•eT inn; 7T imr nnInnelelITeN.vn1 9ATT,,, ,,,„ in A-PPLICA70N FOR A2P0INZ-Nd0RqT TO: ZtUNICZPAL roDGE � (name bamd, commission or committee) •;.'re s teDar aPpiicaon for rh ;y; apP tment desired ores ` "Jam Andrew Andrew L. 'Jambs anss Z1507 Chimney Works Drive Sour e, e-xas io � VoIeeSRegistration# 01178207 ?oraC Phone: 817-481-4428 Work Phone: 817-338-4888 Eraaii; SlambsganssC�aol. tom - - Er.:11avC:' Brown Pruitt Peterson & Wambs anss, P.C. r. Curint and,"Or xaviou board, CCM1155icn, or ct)mm:.ttee Southlake exger;enr :ne City of Sout1Ziazc_ City Council, Southlake Mayor P=o Tem, Teen, Court Board, President of Souchhllak Crime Control Prevention District Rt:rsat:!s for desiring % xrvc on this ooard, comrrissian, or cotmLl =t and your opinion. as to the purrose, goals, and duties of sarnt:_ To bring a new level of professionalism and competence to - ;>> Municipal Court while also toeusing on improvement of communication and interaction, wi�tti the City Council and .ca=;511 X .r our citizens. r? Qi:?Giotts and experience that would assist you in serving in this position: **See Attachment** Y: WP; y on, you understand and agree than our Y regular attendance and active rapport arc segttittd as as appointee and that zencOmpliance could result in removal from the board? Yes Add"ional information or comments: kV kA F!cax :eturn this completed form to the CityS cctZtary's C'tct:, Tows Hall, 1400 Mai., Street, Suite 270,, 59t::hlakc, Texas 760-2, fax to (817) 481-5826, or email to Address: l ApplicatAdrvo ions are kept on file for one () Year. After that bloc it will he neces9ary to reapply and update the- ialorration .herein ly wish to continue to be considered for appointment. Signatexr Date- June 12, 2001 �eaet�ry�tit ee�uneourAppiindon rot doe 1 70'A Tt *CT Tnn7 7T unr 00JnPCCIT52-Xp4 imn.ia timn.ja U . t The following list of qualifications and experiences would assist me in serving as }: .Municipal Judge in Southiake: ,- - Southlake resident since ' ` 1985; Southlake City Council; Southl i. ake Mayor Pro T President of Southlake C �; Crime Control & Prevention District, Southlake Board; Southlake PrecinctTeen Court of State kr�' Tarrant County Election Judge in Southlake' Texas-' Secretary Election Judge/Inspector; Texas C Certified Mediator; United States Department of Justice-- Federal Bureau of Investigations (FBI -Honors Pro Second Court of Appeals (Judicial Cher lam); Texas representatives (Majori header kshiplBriefing Attorney); United States House of ty Dick Aimey staff; upon Scholar(Washington, United States Senator Mark Hatfield) rectors D.C.— _. Board of Dir s of multiple Texas non-profit Corpor��; Partnef/shareholder in Brown Pruitt Peterson & Warrbs wow Texas); Member of State Bar of Texas; Tarrant County Bar Associgansation (Fort - American Inn of Court; Pro Bono College of the State of Texas; Ma orCoun is Tarrant County; Northeast Leadership Forum.y cil of I am licensed to practice law in Texas, the United States District Courts for the No ` District of Texas, and the United States Court of Appeals, Fifth Circuit. I have experience in litigating hundreds of case in all Texas courts, ranging from Municipal Courts/Justice Courts to the Texas Supreme Court, urt, including Federal Courts in Texas and Oklahoma. My current practice focuses primarily on insurance and commercial litigation as well as Appellate Law, Constitutional Law and Non -Profit Organization Matters. I have also served as a ]edge in multiple moot court, urt, mock trial and tee n court cases. R. rc 4? m 7+7• 'T Tnn; 7T imr AnlnOlII'ITO•YUJ II Tn i , iimn irr VICTOR AMADOR 3103 COVESIDE GRAPEVINE, TEXAS 76051 June 12, 2001 Sandra LeGrand City Secretary Town Hall Main Street, Suite 270 Southlake, Texas 76092 Re: Application for the position of Municipal Judge Dear Ms. LeGrand: DCC�IDd� PFA2001 OFFICE OF CITY SECRETARY I (817)329-4625 Fax: (817)251-3618 I am enclosing my application for your consideration for the position of Municipal Judge for the City of Southlake. I believe that my character and strong academic and professional credentials, as well as my cultural background, can positively contribute to the administration of justice in the City of Southlake. Please let me know if you need additional information. I hope to hear from you soon. Sincerely yours, VICTOR AMADOR Enclosure �- City of Southlake ,,, Application for Appointment APPLICATION FOR APPOINTMENT TO: Municipal Judge (name board, commission or committee) Use a separate application for each appointment desired. Name: Victor Amador address: 3103 Coveside, Grapevine, TX 76051 Voter's Registration # 01 801 308 Home Phone: 817-329-4625 Work Phone: 21 4-71 2-9262 Employer: Victor Amador, P.C. Email: vamador@worldnet.att. net Current and/or previous board, commission, or committee experience in the City of Southlake: none Reasons) for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: I am highly motivated and qualified for the position of Municipal Judge. My high standard of ethics and my hackgrniind will advance the city's goal of administering justice Qualifications and experience that would assist you in serving in this position: See attached resume. 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 see attached resume. Pease return this completed form to the City Secretary's Office, Town Hall, 1400 Main Street, Suite 270, Southlake, Texas 76092, fax to (817) 481-5826, or email to address: slegrand apcityofsouthlake.com. -applications are 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: CGrn Secretar WiscellaneouslApplication for Boards.doc VICTOR AMADOR 3103 COVESIDE GRAPEVINE, TEXAS 76051 (817)329-4625 Fax:: (817)251-3618 PROFESSIONAL PROFILE ATTORNEY AND COUNSELOR AT LAW Languages: English and Spanish Admitted To Practice Law • Texas and Puerto Rico • U.S. Court for the Northern, Eastern and Western Districts of Texas • U.S. Court for the District of Puerto Rico • United States Supreme Court • U.S. Court of Appeals for the First, Fifth and Eleventh Circuits Professional Experience Present Private Practice: Federal and State Criminal Defense; Trial and Appeals. Habeas Corpus Litigation and Post -Conviction Remedies in Federal and State Courts. Instructor, National Institute for Trial Advocacy, Annual Southern Regional Training, Dallas, Texas. Member, United States District Court, Northem District of Texas, Criminal Justice Act Advisory Committee. Offices: Dallas and Denton. 1993 to 1994 Private Practice: Federal Criminal Appeals. Atlanta, GA. 1994 Adjunct Professor of Law (Criminal Procedure) at John Marshall Law School, Atlanta, GA. 1991-1993 Senior Attorney, Federal Deposit Insurance Corporation's Compliance and Enforcement Section, Atlanta Regional Office. Served as FDIC trial counsel in administrative enforcement hearings related to violations of federal banking statutes and regulations. Prepared legal memoranda on the interpretation and applicability of state and federal law and regulations relative to FDIC enforcement and compliance activities. Prepared and prosecuted cease and desist orders, civil money penalties and removal and prohibition orders, and other enforcement actions against state non-member banks and their directors and officers in eight southeastem states. 1991 Senior Attorney, Federal Deposit Insurance Corporation's Professional Liability Section, Orlando, Florida. Provided legal services and advice to the FDIC's Investigation Department on legal issues arising out of FDIC's liquidation of failed financial institutions. Pursued civil actions against former directors and officers, accountants, attorneys, appraisers, and securities and commodities brokerage agents for their negligence in conducting the affairs of the failed banks. Monitored and oversaw investigations conducted by the FDIC concerning insider abuse, dishonest acts, criminal conduct and fraudulent acts committed by former bank directors and officers of failed financial institutions. Member Asset Freeze Task Force. 1990-1991 Litigation Attorney, Federal Deposit Insurance Corporation, Division of Liquidation, Orlando, Florida. Provided legal services and advice on legal issues and problems arising out of FDIC's role as Receiver of failed banks. Coordinated and monitored the litigation related to failed banks in Florida. Served as the FDIC's Criminal Referral Coordinator in Florida. 1988-1990 Member of the Supreme Court of Puerto Rico Board of Bar Examiners. 1976-1980 Private Practice: (Puerto Rico) Criminal Defense and Civil litigation in state, federal and appellate courts. Cases involved drug offenses, white-collar crime, money laundering, bank fraud, insurance fraud, and other crimes; Customs and International Trade, health care law, and general civil and commercial litigation. 1980-1984 Assistant Professor of Law, University of Puerto Rico School of Law. Taught criminal trial advocacy, criminal law and procedure. 1984 Designed, coordinated and lectured in two seminars on criminal procedure for 200 Puerto Rican Judges sponsored by the Judicial Studies Center of The Office of Courts Administration. Lecturer on Computer Law, Inter -American University School of Law. Lecturer in a seminar on Civil Trial Advocacy for Legal Services Attorneys, sponsored by Inter -American University School of Law and the Law Foundation of Puerto Rico. Designed, coordinated and lectured in a five day seminar on Criminal Trial Advocacy for 60 Legal Aid attorneys. 2 1981 Lecturer in a five day seminar on Advanced Civil Trial Advocacy for 40 Legal Services Attorneys. 1980 Administrative Judge, Puerto Rico Aqueduct and Sewer Authority. Presided hearings and decided administrative cases regarding residential, commercial and industrial claims in collection of monies for services performed by the agency. 1977-1979 Adjunct Professor of Law, Catholic University School of Law. Taught Criminal Procedure and Advanced Criminal Law. Adjunct Professor of Business Law, Business School. 1975 Consultant, Hispanic Criminal Justice Task Force, Office of the Mayor, New York City. Education 1974-1975 Masters of Law Degree (LL.M.) in Criminal Justice, New York University School of Law, N.Y. City, N.Y. 1971-1974 Juris Doctor Degree (J.D.), Inter -American Univ. Law School. Cum Laude, Law Review, San Juan, P.R. 1968-1971 Political Science (B.A.), University of Puerto Rico. Diplomas and Certificates 1983 Teacher's Training in Trial Advocacy, National Institute of Trial Advocacy, Harvard University School of Law, Cambridge, Massachusetts. 1981 Trial Advocacy Training, National Institute for Trial Advocacy, University of Colorado School of Law, Boulder, Colorado Professional Association Memberships State Bar of Texas Puerto Rico Bar Association Texas Criminal Defense Lawyers Association Bar Association of the Fifth Federal Circuit 3 p f[�CDdC . I JUN 1 5 2001 OFFICE OF CITY SECRETARY CAROL W. MONTGOMERY EXPERIENCE 1999-2001 Arlington Municipal Courts Associate Municipal Court Judge Arlington, TX Accessing appropriate fines and punishment for traffic offenses. Determining initial probable cause for criminal offenses occurring in Arlington. Setting bonds for criminal cases. Presiding over daily arraignments. Reviewing and issuing search and arrest warrants. Reviewing and issuing interlock and protective orders when facts warranted. 1998-2001 Tarrant County Criminal District Court Magistrate — Pro Tem Fort Worth, TX Substitute Criminal Court Magistrate Responsible for determining preliminary probable cause in criminal cases and setting appropriate bonds. Arraigning defendants, presiding over District Court "jail runs" and assigning attorneys to represent indigent defendants. Imposing sentences in plea-bargained cases. Reviewing and signing arrest and search warrants in appropriate cases. Issuing interlock orders and protective orders when facts warranted. 1996-1998 Private Practice Fort Worth, TX Court Appointed Attorny Represented indigent criminal defendants in both district and county courts on a wide variety of charges. 1991-1996 Tarrant County Criminal Justice Center Forth Worth, TX Assistant Criminal District Attorney County Court Prosecutor — Responsible for negotiation, preparation and prosecution of misdemeanor cases. Extensive trial experience. TCAT Tarrant County Auto Theft Task Force — Prosecuted all auto related felonies. Responsible for property forfeiture hearings. Assisted TCATTF officers in preparing and obtaining search warrants. Felony Prosecutor — Grand Jury preperation and presentation. Negotiated with defense attorneys concerning case disposition. All types of pre-trial hearings. Prosecuted wide range of felony offenses including murder and all aggravated offenses. 1986-1990 Bexar County Court House San Antonio, TX Assistant Criminal District Attorney County Court Prosecutor — Full charge of negotiations, investigation, preparation and prosecution of county court cases. Extensive trial experience. D. W. I Section Chief — Supervised D.W.I. misdemeanor prosecution. Responsible for D.W.I. felony cases. Felony Prosecutor — Grand jury preparation and presentation. Negotiated with defense attorneys concerning case disposition. All types of pre -trail hearings. Prosecuted wide range of felony offenses including murder and all aggravated offenses. EDUCATION 1986 St. Mary's University School of Law San Antonio, TX Doctorate of Jurisprudence 1984 Southern Methodist University School of Law Dallas, TX 1979 Stephen F. Austin State University Nacogdoches, TX Bachelor of Liberal Arts, Cum Laude REFERENCES Gene Grant Chief Criminal Court Magistrate Tarrant County 817-884-2998 Stewart Milner Presiding Municipal Court Judge Arlington. TX. 817-459-6979 Steve Weinburg Past Republican Party Chairman Tarrant County, Physician/Attorney 817-267-0660 1903 COBBS • GRAPEVINE, TEXAS 76051 • PHONE (817) 329-4226 MEMORANDUM June 15, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-036, Appointment to the Crime Control and Prevention District Action Requested: City Council appoints one (1) unexpired director position to serve three (3) months to the Crime Control and Prevention District. Background: Resolution 01-036 provides for the appointment of one (1) unexpired director position on the Crime Control and Prevention District. A vacancy exists which was held by Peter Gaal with three (3) months remaining on his term. The term will expire September 1, 2001. Financial Consideration: Not Applicable. Citizen Input/ Board Review: Not Applicable. Legal Review: Not Applicable. Alternatives: Not Applicable. Supporting Documents: 1) Resolution No. 01-036 2) List of existing directors Staff Recommendation: Make appointment to fill one (1) unexpired position. RESOLUTION NO.01-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING PERSONS TO SERVE AS THE BOARD OF DIRECTORS FOR THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Local Government Code, Chapter 363.051 (The "Act") authorizes a municipality that is partially or wholly located in a county with a population of more than one million to create a crime control district within its jurisdiction; and, WHEREAS, on November 4, 1997, Southlake voters approved a proposition to create the Southlake Crime Control and Prevention District, dedicated to formulating crime reduction programs and the administration of the one-half cent sales and use tax collected for the support of crime reduction programs authorized by the city; and WHEREAS, Section 363.101(a)(b) of the Local Government Code states that the District is governed by a board of seven (7) directors who serve staggered two-year terms that expire September 1; and WHEREAS, a vacancy exists which was held by Peter Gaal with three (3) months remaining on his term. The term will expire September 1, 2001; now, THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The unexpired term of Peter Gaal is open for reappointment with three (3) months remaining. Under this resolution, the following person is appointed to serve as Director for the Southlake Crime Control and Prevention District for a three (3) month term to expire on September 1, 2001: Section 3. This resolution is effective upon passage by the City Council. PASSED AND APPROVED THIS THE 5`h DAY OF DUNE 2001. CITY OF SOUTHLAKE, TEXAS Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary CRIME CONTROL AND PREVENTION DISTRICT BOARD Established by Resolution No.97-72 12/2/97 www.cityofsouthlake.com Board of Directors Term to Expire Peter Gaal Home: 424-1471 9/l/2001 223 Timber Lake Way Southlake, Texas 76092 Frank Pittman Home: 424-1631 9/1/2001 1460 Bent Creek Drive Southlake, Texas 76092 Lou Ann Heath Home: 481-7787 9/l/2001 1351 Lakeview Drive Southlake, Texas 76092 Martin Schelling, *President Home: 581-1551 9/l/2001 2665 N. White Chapel Rd. Southlake, Texas 76092 Bob Mundlin, *Vice President Home: 481-6955 9/l/2002 1658 Royal Oaks Court Southlake, Texas 76092 Stuart Spencer Home: 488-1126 9/l/2002 1702 Pecos Drive Southlake, Texas 76092 Craig Sturtevant Home: 421-5793 9/l/2002 302 Timber Lake Drive Southlake, Texas 76092 -------------------------------------------------- Sharen Elam, *Treasurer Work: 481-5581, ext. 716 Finance Director, City of Southlake Shana Yelverton, *Secretary Work: 481-5581, ext. 705 Assistant City Manager City of Southlake Rick Black Work: 481-5581, ext. 725 Director of Department of Public Safety * Terms for officers expire in December. 11 /00 LACity Secretary\Committees,etc\CRIME99PB.doc 4 MEMORANDUM June 15, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-041, Appointments to the Building Board of Appeals Action Requested: City Council appoints three (3) members and one (1) alternate member to serve on the Building Board of Appeals to serve two-year terms to expire May 2003. Background: Building Board of Appeals (BBOA) enforces jurisdiction over substandard buildings and hears and decides appeals pursuant to the Building Codes of the City of Southlake. They inspect property and premises at reasonable hours, when required, in the discharge of the Board's responsibilities under the laws of the State of Texas and the City. They hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of technical provisions of the codes and ordinances of the City. The Board is composed of five (5) members and two (2) alternate members who shall serve in the absence of one or more regular members. Terms held by Theresa Brewton Lyons, George Dalton, John Reynal, and Jim Johnson have expired. No applications have been received for this board at this time. Financial Consideration: Not Applicable. Citizen Input/ Board Review: Not Applicable. Legal Review: Not Applicable. Alternatives: Not Applicable. Supporting Documents: 1) Resolution No. 01-041 2) List of existing members Staff Recommendation: Make appointments to fill four (4) expired positions. RESOLUTION NO.01-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE BUILDING BOARD OF APPEALS; PROVIDING FOR THE TERMS; PROVIDING FOR QUALIFICATIONS OF MEMBERS IN ACCORDANCE WITH ORDINANCE NO.622; 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, Ordinance No. 622, adopted by the City Council of Southlake, Texas, on September 6, 1994, outlines the appointments to the Building Board of Appeals; and WHEREAS, Ordinance No. 622 states the board shall be composed of five (5) members to be appointed by the City Council to serve two-year terms. In addition, the City Council shall appoint two alternate members who shall serve in the absence of one or more regular members. Members are appointed to places numbered 1 through 5 and alternate members shall be appointed to places numbered 6 and 7. Even numbered places expire in even numbered years and odd numbered places expire in odd numbered years; and WHEREAS, currently, Places 1, 3, 5, and 7 have expired; now, THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The terms of members Theresa Brewton Lyons, George Dalton, John Reynal, and Jim Johnson (Alternate 42). Under this resolution, the following appointments are hereby made as allowed for in Ordinance No. 622. Place 1 Place 3 Place 5 Place 7 (Alternate #2) (to expire 5/2003) (to expire 5/2003) (to expire 5/2003) (to expire 5/2003) Section 3. This resolution is effective upon passage by the City Council. PASSED AND APPROVED THIS THE 19" DAY OF RUNE 2001. CITY OF SOUTHLAKE, TEXAS BY: ATTEST: Sandra L. LeGrand City Secretary Mayor Rick Stacy BUILDING BOARD OF APPEALS �w Members Term to Expire Paul Sullivan Home: 329-0688 5/2002 1900 North Peytonville Ave. Work: 214 212-7281 Southlake, Texas 76092 Theresa Brewton Lyons Place 1 Home: 416-8245 5/2001 926 Parkview Lane Work: 335-4417 Southlake, Texas 76092 David Lambert Place 2 Home: unlisted 5/2002 2800 North Kimball Avenue Work: 735-7040 Southlake., Texas 76092 George Dalton Place 3 Home: 481-7449 5/2001 1201 Ridgewood Cr. Work: 488-2848 Southlake, Texas 76092 Eddie Pierce Place 4 Home: 379-5876 5/2002 1600 Randol Mill Avenue Work: 481-1508 Roanoke, Texas 76262 John Reynal Place 5 Home: 424-3019 5/2001 575 Cherry Lane Work: 214/415-7400 Southlake, Texas 76092 Kosse Maykus, Alternate #1 Place 6 Home: 424-9137 5/2002 2604 North Carroll Avenue Work: 329-3111 Southlake, Texas 76092 Jim Johnson, Alternate 42 Place 7 Home: 424-2770 5/2001 807 Timbercrest Court Work: 919-5452 Southlake, Texas 76092 Updated 6/2000 Correspondence to Building Board of Appeal members may be mailed to: City of Southlake c/o Building Department 667 North Carroll Avenue Southlake, Texas 76092 Fax: 817 488-5097 Email: jbryson@cityofsouthlake.com Call: 817/481-5581, ext. 742 (ask for Jean Bryson) to contact members. L:\CTY SHARE\Committees, etc\BB OA2000pub. doc MEMORANDUM June 15, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-042, Appointments to the Joint Drug and Alcohol Awareness Committee Action Requested: City Council appoints four (4) members to serve on the Joint Drug and Alcohol Awareness Committee to fill two (2) City Council appointee positions and two (2) citizen -at -large appointee positions. Background: The Drug and Alcohol Awareness Committee works to develop initiatives for drug and alcohol awareness. The Committee is comprised of the following members: two City Council members, appointed by the City Council; two members from the Carroll ISD Board of Trustees, appointed by the school board; two members from the community -at -large, appointed by the City Council; two members from the community -at - large, appointed by the Carroll ISD Board of Trustees; two youth members from the community -at -large, appointed by the CISD superintendent or his designee. Currently, one (1) position held by a City Council member has expired which has a two-year term and one (1) position held by a City Council member has expired which has a one-year term; and one (1) position held by the community -at -large has expired which has a two-year term and one (1) position held by the community -at -large has expired which has a one- year term. Only one application has been received for the citizen -at -large position, which is attached to this memo. Financial Consideration: Not Applicable. Citizen Input/ Board Review: Not Applicable. Legal Review: Not Applicable. Alternatives: Not Applicable. Supporting Documents: 1) Resolution No.01-042 2) List of existing members 3) Application Staff Recommendation: Make appointments to fill four (4) expired positions. RESOLUTION NO.01-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE JOINT COMMITTEE TO DEVELOP INITIATIVES FOR DRUG AND ALCOHOL AWARENESS TO FILL EXPIRED TERMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the citizens of Southlake are confronted with the societal issue of drug and alcohol abuse among the youth of our community and desire to undertake a mutual effort to address this situation; and, WHEREAS, members are appointed from the following entities: two members from the City Council, appointed by the City Council; two members from the School Board, appointed by the School Board; two members from the community -at -large, appointed by the City Council; two members from the community -at -large, appointed by the Carroll ISD Board of Trustees; two youth members appointed by the Southlake Youth Action Commission; and two youth members from the community -at -large, appointed by the CISD Superintendent or his designee; and WHEREAS, currently terms have expired for Southlake City Council appointees Patsy DuPre, who had a two-year term, and Keith Shankland, who had a one-year term, and for the two community -at -large appointees, Jacky Brooks -Lawrence, who has a two- year term, and Brad Bartholomew, who had a one-year term; now, THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints: City Council City Council Community -at -large Community -at -large (to expire 5/2003) (to expire 5/2002) (to expire 5/2003) (to expire 5/2002) Section 3. This resolution is effective upon passage by the City Council. PASSED AND APPROVED THIS THE 191h DAY OF JUNE 2001. ATTEST: Sandra L. LeGrand City Secretary 7 CITY OF SOUTHLAKE, TEXAS .AV Mayor Rick Stacy i JOINT DRUG AND ALCOHOL AWARENESS COMMITTEE Established by Resolution No. 98-68 www.ci.southlake.tx.us Place Members Term to Expire 1 Patsy DuPre, City Council appointee 5/2001 808 Timber Lake Circle Home: 481-6610 (2 year term) Southlake, Texas 76092 2 Keith Shankland, City Council appointee Home: 421-6756 5/2001 1704 Pecos Drive (1 year term) Southlake, Texas 76092 3 Doug Strickland, Co -Chairman, CISD School Board appointee 5/2001 1027 Diamond Blvd. Home: 488-0793 (2 year term) Southlake, Texas 76092 4 Robert Glover, CISD appointee Home: 329-6164 5/2000 265 W. Chapel Downs (1 year term) Southlake, Texas 76092 5 Jacky Brooks -Lawrence, Council citizen -at Home: 481-6101 5/2001 1901 E. Highland large appointee (2 year term) Southlake, Texas 76092 6 Brad Bartholomew, Council citizen -at -large, Home: 421-5076 5/2001 1004 Hidden Knoll Ct. appointee (1 year term) Southlake, Texas 76092 7 Karen Lyman, CISD citizen -at -large Home: 481-9542 5/2001 1410 Bentley Court appointee (2 year term) Southlake, Texas 76092 8 Margaret Melton, CISD citizen -at -large Home: 488-9361 5/2000 1680 S. Brumlow appointee (1 year term) Southlake, Texas 76092 9 Vacant, Chamber of Commerce appointee Home: 5/2001 (2 year term) 10 Sheri Brunson, Chamber of Commerce Work: 5/2000 1929 Camelot Drive Fax: 421-2015 (1 year term) Grapevine, Texas 76051 11 Jo Ponder, Mayor's Advisory Committee Work: 481-4147 5/2001 White Chapel Methodist Church (2 year term) 185 S. White Chapel Blvd. Southlake, TX 76092 7 Joint Drug and Alcohol Awarness Committee Page 2 Staff Support Assistant to the City Manager City of Southlake, City Manager's Office staff liaison 1400 Main Street, Suite 460 Southlake, Texas 76092 Gary Gregg, Deputy Director Police Services City of Southlake, DPS staff liaison 1400 Main Street, Suite 120 Southlake, Texas 76092 Dinah Chancellor, Math/Science Coordinator CISD Superintendent Office staff liaison 1201 N. Carroll Ave. Southlake, Texas 76092 Sean Leonard, Municipal Court Administrator City of Southlake 1400 Main Street, Suite 210 Southlake, Texas 76092 M:\ W P-FILES\I istsUD&A98 PUB. doc Work: 481-143 3 Fax: 481-1463 Email: Work: 481-2150 Email: ggreggpcityofsouthlake.com Work: 329-5106 Work: 481-1859 Email: sleonardgcityofsouthlake.com Updated 6/2000 N City of Southlake Application for Appoint APPLICATION FOR APPOINTMENT TO APR t 0 2W E OF CITY SECRETARY I (name board, co mission or committee) * Use a separate application for each appointment desired. Name Address: Voter's Registration # Home Phone: 917471' ��075'Work Phone: 7%%%'lf Z ~�d/( Email: ���u 7j Employer: 6a(°7Utyt 6rl10to S Current and/or previous board, commission, or committee experience in the City of Southlake: Reason(s) for desiring to serve on this boar ; cpmis purpose, goals, and duties of same: ►�V or committe , and pinion as to the (00.5 Week, ;�,. rV Qualifications and experience that would assist you in serving in this position: Do you understand and agree that your regular attendance and active support are r� quired as an appointee and that noncompliance could result in removal from the board? t PS Additional information or comments: Please return this completed form to the City Secretary's Office, Town Hall, 1400 Main Street, Suite 270, Southlake, Texas 76092, fax to (817) 481-5826, or email to address: slegrandpcityofsouthlake.com. �W Applications arj kept o file or ne (1) year. After that time it will be necessary to reapply and update the information he in if wi to ontinue to be considered for appointment. Signature: �q* 1*1 Date: LACity Secretary\ scellaneous\Applicatio for Boards.doc 0 MEMORANDUM June 15, 2001 TO: Billy Campbell, City Manager FROM: ' Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-043, Appointments to the Joint Utilization Committee Action Requested: City Council appoints one (1) member to the Joint Utilization Committee for a two (2) year term. Background: The City Council formed a Joint Utilization Committee (JUC) to work with the City and Carroll ISD staff in developing and implementing joint use projects. The JUC has established "Policies and Procedures" which stated the committee consists of at five (5) members: two (2) appointed by the City Council, one (1) on which shall be a member of City Council; two (2) members appointed by the Carroll ISD Board of Trustees, one (1) of which shall be a member of the CISD Board of Trustees; and one (1) representative from the Parks and Recreation Board as selected by the Chair of the Board. On June 10, 1999, the JUC board approved amending their "Policies and Procedures" pertaining to membership to allow a second Southlake City Councilmember to be appointed to the board. Currently, the term has expired for City Council representative, Patsy DuPre. Financial Consideration: Not Applicable. Citizen Input/ Board Review: Not Applicable. Legal Review: Not Applicable. Alternatives: Not Applicable. Supporting Documents: 1) Resolution No. 01-043 2) List of existing members Staff Recommendation: Make appointment to fill one (1) expired position. CITY OF SOUTHLAKE, TEXAS BY: Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary RESOLUTION NO.01-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE JOINT UTILIZATION COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, formed a Joint Utilization Committee (JUC) to work with City and Carroll ISD staff in developing and implementing joint use projects; and, WHEREAS, JUC "Policies and Procedures" established that the committee consists of at least five (5) members; two (2) appointed by Southlake City Council, one (1) on which shall be a member of City Council; two (2) members appointed by Carroll ISD Board of Trustees, one (1) of which shall be a member of the CISD Board of Trustees; and one (1) representative from the Parks and Recreation Board as selected by the Chair of the Board; and WHEREAS, on June 10, 1999, the JUC approved amending their "Policies and Procedures" pertaining to membership to allow a second Southlake City Councilmember to be appointed to the board; and, WHEREAS, the term has expired for a City Council Representative (Patsy Dupre); and, NOW, THEREFORE, IT BE RESOLVED BY. THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints: (to expire 5/2003) Section 3. This resolution is effective upon passage by the City Council. PASSED AND APPROVED THIS THE 19" DAY OF JUNE 2001. M, JOINT UTILIZATION COMMITTEE Members Term to Expire Greg Standerfer City Council Rep. Home: 329-4554 5/2002 201 Sheffield Court (Councilmember) Southlake, Texas 76092 Jerry Lawrence, Chairman CISD Board Rep. Home: 481-6101 5/2001 1901 East Highland Drive Southlake, Texas 76092 Wendi Carlucci City Council Appt. Home: 488-5640 5/2002 2000 N. Peytonville Avenue (Citizen) Southlake, Texas 76092 Steve Harold CISD Board Rep. Home: 488-3996 5/2000 1210 Cross Timbers Southlake, Texas 76092 James Glover Park Board Rep. Home: 488-6590 5/2000 1417 Cambridge Crossing Southlake, Texas 76092 Patsy DuPre Vice Chair City Council Rep. Home: 481-6610 5/2001 808 Timber Lake Circle Southlake, Texas 76092 John Rollins CISD Board Appt. Home: 488-3733 5/2001 1018 Quail Run (Citizen) Southlake, Texas 76092 M:\WP-FILES\Iists\J-UC2000PUB.doc Updated 6/2000 M, Im Ted Gillum, CISD Superintendent CISD Administration Office 1201 North Carroll Avenue Southlake, Texas 76092 Mike Murphy, Assist. Supt. Curriculum and Instruction 1201 N. Carroll Avenue Southlake, Texas 76092 Steve Johnson, Assist. Supt. CISD 1201 North Carroll Avenue Southlake, Texas 76092 Robin Ryan, Principal Carroll Middle School 1101 N. Dove Southlake, Texas 76092 Jane Cousins, Principal Johnson Elementary School 1301 N. Carroll Avenue Southlake, Texas 76092 Mark Terry, Principal Durham Elm/Inter. School 801 Shady Oaks Southlake, Texas 76092 John Cochie, CISD Rep. 1055 N. Carroll Avenue Southlake, Texas 76092 Sarah Jane Wright, Principal Carroll Intermediate School 1101 N. Carroll Avenue Southlake, Texas 76092 Derek Citty, Director of Auxiliary Personnel CISD Administrative Office 1201 N. Carroll Avenue Southlake, Texas 76092 Other Members Work: 481-5775 Work: 481-5775 Work: 481-5775 Work: 481-2183 Work: 481-2184 Work: 481-8068 Work Fax: 329-5107 Work: 481-4548 Work: 481-2250 Work: 481-5775 LA Bob Ledbetter, Athletic Director Carroll High School 1501 West Southlake Boulevard Southlake, Texas 76092 Billy Campbell, City Manager City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 Steve Polasek, City Staff Liaison Deputy Director of Community Services City of Southlake 1725 E. Southlake Blvd Southlake, Texas 76092 M:\WP-FILEStlists\JUC2000PUB.doc Work: Work: Work: 481-2185 481-1420 481-1543 MEMORANDUM June 15, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-044, Appointments to the Library Board Action Requested: Consider Resolution No. 01-044, naming new members to the Southlake Library Board. Background Information: On October 20, 1998, the City Council for the City of Southlake, Texas, approved Ordinance No. 716, establishing a Library Board to act as an advisory board to the City Council relating to all nature of library facility planning and programming. The Ordinance establishes that the board shall consist of seven (7) citizens of the City of Southlake, Texas, and who shall be appointed by the City Council for two (2) year terms, provided three (3) members shall be appointed each odd -numbered year and four (4) members shall be appointed each even -numbered year. Members shall serve without compensation until their successors are appointed. Places on the Board shall be numbered one (1) through seven (7). Currently the terms for Places 4, 5, 6, and 7 have expired. Maria Cameron, Brent Burford, Karen Cienki, and Scott MacLeod have all reapplied for appointment to another term. Financial Consideration: Not Applicable Citizen/Input Board Review: Not Applicable Legal Review: Not Applicable Alternatives: Not Applicable Supporting Documents: 1) Resolution No. 01-044 2) List of existing members 3) Applications RESOLUTION NO.01-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR THE APPOINTMENT OF MEMBERS TO SERVE ON THE LIBRARY BOARD; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, On October 20, 1998, the City Council for the City of Southlake, Texas, approved Ordinance No. 716, establishing a Library Board to act as an advisory board to the City Council relating to all nature of library facility planning and programming; and, WHEREAS, The Board shall consist of seven (7) citizens of the City of Southlake, Texas, and who shall be appointed by the City Council for two (2) year terms, provided three (3) members shall be appointed each odd -numbered year and four (4) members be appointed each even -numbered year. Members shall serve without compensation until their successors are appointed. Places on the Board shall be numbered one (1) through seven (7); and, WHEREAS, The City Council may appoint ex-officio members to the Board. Such ex-officio members shall be appointed on an annual basis and the term of office of such ex-officio members shall be one (1) year from the date of appointment. Such ex- officio members shall have no voting authority. Vacancies on the Board are to be filled by appointment by the City Council for the length of the unexpired term. WHEREAS, The terms of Maria Cameron, Brent Burford, Karen Cienki, and Scott MacLeod have expired; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The above premises are hereby found to be true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints the following members to serve on the Southlake Library Board for a term of two (2) years: Place 4 expires May 2003 Place 5 expires May 2003 Place 6 expires May 2003 Place 7 expires May 2003 Section 3. This resolution is hereby effective upon passage by the City Council. PASSED AND APPROVED THIS THE 19" DAY OF JUNE, 2001. CITY OF SOUTHLAKE, TEXAS Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary LIBRARY BOARD Established by Ordinance No. 716 10/20/98 Members Term to Expire Marjorie Zielke, Vice Chairman 1090 Burney Lane Southlake, Texas 76092 Peggy Firestone 1403 Chardonnay Court Southlake, Texas 76092 Debbie Baynard 605 Timberlake Circle Southlake, Texas 76092 Maria Cameron, Chairman 1776 E. Highland Street Southlake, Texas 76092 Brent Burford 758 North Carroll Avenue Southlake, Texas 76262 Karen Cienki 803 Shadow Glen Southlake, Texas 76092 Scott MacLeod 505 San Juan Drive Southlake, Texas 76092 Home: 817 488-0544 Work: 214 849-8212 Email: MargeZ@aol.com Home: 817 481-1756 Home: 817 424-5521 Home: 817 488-4456 Work: 817 416-7667 Home: 817 488-8204 Home: 817 424-5558 Work: 817 291-3035 Fax: 817 251-0966 Email: s_macleod@csi.com L:\CTYSHARE\Committees,etc\LIBRARY2000pub. doc Place 1 5/2002 Place 2 5/2002 Place 3 5/2002 Place 4 5/2001 Place 5 5/2001 Place 6 5/2001 Place 7 5/2001 Updated 10/2000 p tC�[Dd[ APR 2 6 W OFFICE OF CITY SECRETARY 1776 East Highland St. Southlake, TX 76092 April 26, 2001 Honorable Mayor Rick Stacy And Council Members City of Southlake 1400 Main Street Southlake, TX 76092 Dear Mayor Stacy and Council Members: I respectfully request that I be considered for reappointment to the Library Board. I am currently obtaining my Master's degree in Library and Information Science to bring some needed library knowledge to the board. Also, like Karen Cienki, I have spent the past year working on the Policies and Procedures Committee. Although the task is not yet finished, I am pleased with the work of the committee to date and hope to be able to complete the policies for our new library. Thank you for your consideration. Cordially, aria . Cameron D 803 Shadow Glen Drive Southlake, Texas 76092-7237 April 24, 2001 Honorable Mayor Rick Stacy And Council Members City of Southlake 1400 Main Street Southlake, Texas 76092 Dear Mayor Stacy and Council Members: APR 2 5 Zf101 I respectfully request that I be considered for reappointment to the Library Board. I have been working with Maria Cameron on the Policies Subcommittee and we still have one more set of policies to work on. Since the Library has not opened yet, it would feel as if I left some business go unfinished. Thank you for your consideration. Sincerely, Karen A. Cienki City of Southlake • elf Application for Appointm U ppR 2 3 2001 OF CITY SECRETARY APPLICATION FOR APPOINTMENT TO: 4mv,* (name boar , commission or committee) * Use a separate application for each appointment desired. Name: ,f j - % 00'2 ✓3 -e& Address: -25,10 9/Q,� �� p ��RcZle- . f�Wela� A Voter's Registration # Home Phone: 71 Work Phone: ��7 �i� 71,0 Email: hluK � �a %r, ee 7 Employer: f� ' %' !'�' �— �l"� /t/. e1,01(,tf1, /iUi-vU( Current and/or previous board, commission, or committee experience in the City of Southlake: 1;�IXAAV lye Reason(s) for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: ;-a A10 iiv 1'/if,Cy�M�+ d F ;/,q /t?,19/Mn.A44, G1f i� Qualifications and experience that would assist you in serving in this position: X�Jg� 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? `a�— Additional information or comments: Please return this completed form to the City Secretary's Office, Town Hall, 1400 Main Street, Suite 270, Southlake, Texas 76092, fax to (817) 481-5826, or email to address: slegrand(a)cityofsouthlake.com. Applications are 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 con ' ed for appointment. Signature: `�,� Date:_?-v / L:\City Secretary\Miscellaneous\Application for Board . oc Addendum to application for appointment by Brent Burford to the City of Southlake Library Board 1. The applicant is currently a member of the City of Southlake Library Board, serving in place 5, and has attended each meeting of this board since appointment on October 17, 2000. (See http://www.ci.southlake.tx.us/news info/b and c/appointments asp , and http://www.ci.southlake.tx.us/news info/b and c/library.ap ) 2. The applicant is also head of the library committee at White's Chapel UMC. He has served on that committee for four years, during which the church library has grown from a few hundred books to over three thousand items (books, videotapes, and audio cassette tapes.) Duties as a volunteer in that capacity include organizing other volunteers, cataloging, data entry into the church library software system, printing and affixing bar code and spine labels, and shelving books. During that four years, the church library committee has had several book donation campaigns, which account for most of the growth in the number of items in the library. 3. The applicant has taught at Tarrant County College (formerly Tarrant County Junior College) since 1993. One of the courses he teaches is Legal Research, which involves learning library research skills. Approximately one-third of the class time is spent with the class in the library learning basic library research skills, both using the books on the shelf as well as using online databases available through that library. City of Southlake Application for Appointmeq �9R0_W1 APR 2 7 2001 CE OF CITY SECRETARY -[� APPLICATION FOR APPOINTMENT TO: ` , k ^� 0 (name board, commission or committee) * Use a separate application for each appointment desired. Name: S ccO V lam' L�- ec) ct- Address: J 0 S S v bv%� - 0k1I(A0S Coj� U JI lt, �,A' Voter's Registration # � GAAA, Ms e441Y.Ct , Home Phone: yt7- y? 4 - S'�SKork Phone: (7-?g t "3d-*SS Email: S— Ml+GLE-O,6 e- Employer: CC-Lr-ZN/eA- Nt •v�� s jt I.vG- . CO ,1.` Current and/or previous board, commission, or committee experience in the City of Southlake: uti,," 1....,b , I-S 6a- Reason(s) for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: Qualifications and experience that would assist you in serving in this position: o 12 - (q ci 3 - C; Le d -f - 4 ✓ % t-= -,j �" b ( p w.. M.'. S S : D 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? )/ e S Additional information or comments: Please return this completed form to the City Secretary's Office, Town Hall, 1400 Main Street, Suite 270, Soutlilake, Texas 76092, fax to (817) 481-5826, or email to address: slegrand(a-,)cityofsouthlake.com. Applications are 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: tl 2(, L^,Cite Secretary iscellaneous\Application for Boards.doc From: Scott MacLeod, Member, Southlake Library Board To: Southlake City Council Subject: Reappointment Mayor Stacy, Council members: It has been my pleasure to serve the citizens of Southlake for the past two years as a Library Board member. While all of us had a clear vision of what we wanted the first time we met, I would say that our library, which will open soon, bears no resemblance to what any of us had in mind. It is a reflection of the superior product that comes from the collaboration of dedicated individuals that through consensus develop a superior outcome together; better any of them could produce individually. We have accomplished much, but I feel we have much left, and that is why I desire to serve for another two years. I genuinely enjoy giving the time I do, whether it is at board meetings, or visiting other libraries when I travel on business to get ideas to "steal". Libraries are a passion of mine, and to have not been involved in a de novo library would have meant missing the opportunity of a lifetime. But building this library into a reflection of the wants and needs of the community will be where the real work will be done. The board should reflect a broad range of communities, within the overall community of Southlake. I feel that my position, as a Southlake business owner, is just one of many that each of us bring as areas of interest and concern. In closing, let me say that while it was fun to build the car, can I get to drive it for a while? i MEMORANDUM June 15, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-045, Appointments to the Senior Advisory Commission Action Requested: Consider Resolution No. 01-045, naming new members to the Senior Advisory Commission. Background Information: Ordinance No. 653, establishes the Senior Advisory Commission and states that the Senior Advisory Commission shall consist of seven (7) citizens of the City of Southlake, Texas, who must be at least 55 years of age; and allows two members to be less than age 55 if their experience or education is deemed valuable to the Senior Advisory Commission; and allows for two alternate members. The appointments are for two (2) year terms. Currently, Places 4, 6, 7, Alternate 1, and Alternate 2 have expired. We have received seven (7) applications for a place on this board. Financial Consideration: Not Applicable Citizen/input Board Review: Not Applicable Legal Review: Not Applicable Alternatives: Not Applicable Supporting Documents: 1) Resolution No. 01-045 2) List of existing members 3) Applications RESOLUTION NO.01-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR THE APPOINTMENT OF MEMBERS TO SERVE ON THE SENIOR ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the City Council deemed it advisable and necessary to establish a Senior Advisory Commission for the City of Southlake, to act as an advisory capacity to the City Council in all matters pertaining to senior programs and issues, including development of long range capital improvement programs; recommend policies in senior service and improvements; recommend senior -related programs for development of recreational facilities and services; and, WHEREAS, Ordinance No. 653 establishes the Senior Advisory Commission and states that the Senior Advisory Commission shall consist of seven (7) citizens of the City of Southlake, Texas, who must be at least 55 years of age; and allows two members to be less than age 55 if their experience or education is deemed valuable to the Senior Advisory Commission; and allows for two alternate members; and, WHEREAS, the City Council shall appoint the members for two (2) year terms; and, WHEREAS, currently, Places 4, 6, 7, Alternate 1, and Alternate 2 have expired; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The above premises are hereby found to be true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints the following members to serve on the Senior Advisory Commission for a term of two (2) years: Place 4 expires May 2003 Place 6 expires May 2003 Place 7 expires May 2003 Alternate 1 expires May 2003 Alternate 2 expires May 2003 Section 3. This resolution is hereby effective upon passage by the City Council. PASSED AND APPROVED THIS THE 191h DAY OF JUNE, 2001. CITY OF SOUTHLAKE, TEXAS m. ATTEST: Sandra L. LeGrand City Secretary Mayor Rick Stacy SENIOR ADVISORY COMMISSION Established by Ordinance No.653 Members Linda Moore 650 Ginger Court Southlake, Texas 76092 Jeane Alexander, Chairman 1204 W. Southlake Blvd. Southlake, Texas 76092 William Cosgrove 1750 Shumaker Southlake, Texas 76092 David Baltimore 1368 Holland Hill Southlake, Texas 76092 Connie Montague 706 Nettleton Drive Southlake, Texas 76092 Darla Lattimore, Secretary 812 Stratford Drive Southlake, Texas 76092 Thomas J. Furey 615 Fairway View Terrace Southlake, Texas 76092 Gerald Montague, Alternate No. 1 706 Nettleton Drive Southlake, Texas 76092 Linda Forbes, Alternate No. 2 1350 Post Oak Trail Southlake, Texas 76092 L:\CTYSI-TARE\Committees,etc\SAC2000.doc Place Term to Expire Home: 481-2188 1 5/2002 Home: 481-3838 2 5/2002 Home: 481-1085 3 5/2002 Home: 488-3593 4 5/2001 Home: 421-3285 5 5/2002 Home: 481-7998 6 5/2001 Home: 251-4565 7 5/2001 Home: 421-3285 5/2001 Home: 488-4314 5/2001 Revised 6/2000 1 r' ^ - City of Southlake Application for Appointment APPLICATION FOR APPOINTMENT TO: '5E&1' 0Z s 41byi sO'Cy coa vGhi- (name board, commission or committee) * Ue a separate application for each appointment desired. Name: A V 4A--'C7' E /�'f . ,:j/C.E .Address: b08 L-L4n/0 GT Home Phone: g17" ` 7-1- 51t/i6 Work Phone: AI/A" Voter's Registration # O/ V z 3 Z/ z C iv73�uKyc.E Email: G -1W5A/. Coe? Employer: �`7��C.�,4-K6� �CC,eETf y �E77,Cet) Current and/or previous board, commission, or committee experience in the City of Southlake: Reason(s) for desiring to serve on t is board, commission, or co ittee, and your opinion as to the purpose, goals, and duties of same: / ✓E EC✓ 1�/5��'��+/:4 ✓o.cu�v�&JcAAJ ,¢T -rr,� 5En/1 vit cc•V/ mjz ,Cow 5 �✓E,�,4-[. y � S. �-,es o.v,4 c.c. y AeIV40 w .0 ALIVY o 1'- rt}-E- 4r7e+y�EE-5 /fA/.D _ C�9-n/ M�kE f} %D SiT�✓F. CV41*Y-ZJ7-:-V'Y70 f• Qualifications and experience that would assist you in serving in this position: �4W& Zac-,/ VO.Lu/v�cERP��vC� 47— TTf* CaVrC-P, r—OR, Al&, JCLy 7tVo )/E,$z5• Alrj-✓& Cp.✓5�DEIe1�}3L.� e-X >°Er2 i C-.Jc e 1 W, 4A14) ,e A1v K1L&�b 9e o f lVEEA 5 'jVV a C0IVCeR I S OY' - 151--it/i 01e 5 —r Ou 1 / f e-ie S o•✓A L- 6X e g.1FACE . 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? j�ES Additional information or comments: Please return this completed form to the City Secretary's Office, Town Hall, 1400 Main Street, Suite 270, Southlake, Texas 76092, fax to (817) 481-5826, or email to address: slegrand(a,)cityofsouthlake.com. Applications are 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. Sianat 1 Date. L CitN Secretary ellaneous\Ap io for Boards.doc S13 D /10 / City of Southlake • Application for Appointment APPLICATION FOR APPOINTMENT TO: 5E�njio)z"s 4,bv,6o2 y Coamcvz, (name board, commission or committee) * Use a separate application for each appointment desired. ?game: -C7• k/• /� .Address: &og L L,4A/o Cr Voter's Registration # t91 S-'ZSZ/g �wx 1I-KYLE Home Phone: g) 7" �Z 1 " `�`� 6 Work Phone: ^� Email: ot*—D ln5-t/. COJW Employer: ��Tr,�Ei� - /4,-n&,--Ic Al Current and/or previous board, commission, or committee experience in the City of Southlake: 5AA/ -%'J , 3 L 1 4 ,,soAl (C4R'e&0/TJ Reason(s) for desiring to serve on this board, commission, or comn purpose, goals, and duties of same:�� /3EE�✓ ✓�S 1TJN C and your opi.n on as to the /�v ✓O L✓ED �T/�% SC�/i OIL CEA/Ta-f- PoR S aveg.+,L )/E*z S A -el& FEEL CA-n/ •11.4I-:�E 4 Y/,vS• -1V6- ' 144✓E 4Lb ✓"14LT1 �NL. Qualifications and experience that would assist you in serving in this position: Ck)k)�.�rl�n/AC ADe�g S4,- ROGES 11/ .4 arl-, C)✓Jc 1C,0rWeP1u.1.r>f 0)2 Ej q-Ni Z4 -n o" 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? Additional information or comments: Please return this completed form to the City Secretary's Office, Town Hall, 1400 Main Street, Suite 270. Southlake. Texas 76092, fax to (817) 481-5826, or email to address: slegrand(a,cityofsouthlake.coni, Applications are 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: 0 /t/ Date: L: City SecretaryWiscellaneous\Appli Lion for Boards.doc i uesaay, may wo, zuu i l i: i U Am ueraio rvioniague o i(-ye i -adoo City of Southlake �pplication for Appointment APPLICATION FOR APPOIN-FMENT TO: ;5,ea,a A p mo gy WAAW * (name board, commission or committee) * Use rr eparate appli cation far each appointment desired Name: Address: ypg , FMp -ay Zlg,Az_ Voter's Registration # 6/S`82�718 Home Phone: ?j Z.Ll t, j .12 gr Work Phone: Employer: WIrizaa Email: Zak sc0W AeAg .404 Current and/or previous board, commission, or committee experience in the City of Southlake: Ji,IRWAMP—C&MArMy C/i `/ AIAU, I Reasons) for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same::V<jj,,,g ilawA" 4!;4 9e0.4e41 JI of TAWL h &gL Qualifications and experience that would assist you in serving in this position:—e-AwAwr Do yuu 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? _ 41 Additional information or comments: Please return this completed form to the City Secretary's Office, Town Hall, 1400 Main Street, Suite 270, Southlake, Texas 76092, fax to (817) 481-5826, or email to address: sle raiid(@,cityofsotithlake.com. Applications are 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: LACih• Scurctw v�Nisccllaneous\Applicatiuit for rds.dnc Q �(�LUUI� 3� +�- City of Southlake .. Application for AppointM=W OF CITY SECRETA N APPLICATION FOR APPOINTMENT TO: �jC� 1 0 it- r -1'(Jy r S o (L y (name board, commission or committee) * Use a separate application for each appointment desired. Name: / I ,Address: ( � U�( Voter's Registration # Home Phone: �-S�3 Work Phone: Employer: (L,= Email: A/1Z.(i ti£( Current and/or previous board, commission, or committee ex erience in the City of Southlake: S��/ L(9-71- � ✓ t -0 (-`7 ! �/% Reason(s) for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: (fOti nti,-1 L-�- n t-S q7D tD(lovt p e:§-- 0, L/n1i Qualifications and experience that would assist you in serving in this position: (�,U r''(/64k � 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? c Additional information or comments: Please return this completed form to the City Secretary's Office, Town Hall, 1400 Main Street, Suite 270, Southlake, Texas 76092, fax to (817) 481-5826, or email to address: slegrand(a�cityofsouthlake.com. Applications are'kept on fi for on 1) year. After that time it will be necessary to reapply and update the information he ' if y is t tinue to be considered for appointment. Signature: Date: 0 le2l L-Cite Secrctar \Miscellaneous\, pplica ' for Boards.doc City of Southlake Application for Appointmen APR I T 2001 ' OFFICE OF CITY SECRETARY APPLICATION FOR APPOINTMENT TO: Seii iony isar\.0mrn1ss'0h (name board, commission or committee) * Uye a separate application for each appointment desired. 'Fame: � L E 7-6 C E z .Address: C� /050 b—� f--�7���(��� Voter's Registration # 05 7-� //<45 Home Phone: P7— 1/- Work Phone: IL- Cic-Azs- Email: 4/0' 16 Employer: A nI E Current and/or previous board, commission, or committee experience in the City of Southlake: Reasons) for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: :�--7 UE —L7l"E --Tl�mg )4m Gam, LL/.t,-G ; Qualifications and experience that would assist you in serving in this position: TUB' �� 06D �. 17 m e—) 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, Town Hall, 1400 Main Street, Suite 270, Southlake. Texas 76092, fax to (817) 481-5826, or email to address: slegrand(a-,cityofsouthlake.com. Applications are 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: 5` `/� 0/ L.: Cit% Secretary\Miscellaneous\Application for Boards.doc 1� fT- City of Southlake LJU APR 19 • Application for Appointme t OFFICE OF CITY SECRETARY� APPLICATION FOR APPOINTMENT TO: eh 10 Y a�y>�a�,-)V� * (name board, commission or committee) * Use a separate application for each appointment desired. Name: � �o M z• S J, F v Ye y Address: T—AI Ywa,y V ICLV e),, SouFw4pri Home Phone: Work Phone: Employer: f PT-1, V- e 4 Voter's Registration # D 145 739-5- Email: Current and/or previous board, commission, or committee experience in the City of Southlake: �r�s o w Q �. ror ��✓r sdY Cm ryr Reason(s) for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same:lldva IF en sny�,( cvvY�iihc,>r� Ga-s��,�r Qualifications and experience that would assist you in serving in this position: gVrb,j L. z X, -s cur'r-1 , z-ui -rH S n ro rS Y -57f A1,1(s n-K 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? jigs, Additional information or comments: Please return this completed form to the City Secretary's Office, Town Hall, 1400 Main Street, Suite 270, Southlake, Texas 76092, fax to (817) 481-5826, or email to address: slegrandgcityofsouthlake.com. Applications are 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: L:\City Secretarv\Miscellaneous\Applic on for Boards. - City of Southlake —' W �' Application for Appointme MAY 4 20M OFFICE OF CITY SECRETA APPLICATION FOR APPOINTMENT TO: (name boar , c'om Enissi&f or committee) * LSe a separate application for each appointment desired. Name: lkw '" (, .Address: � � � � Voter's Registration # y Home Phone: �� o'��%C� Work Phone: ,LPZLP Email: Employer: Current and/or previous board, commission, or committee experience in the City of Southlake: Z, z—, / Reason(s) for desiring to serve on this board, commission, o commit ee, and your opinion as to the purpose, goals, and duties of same: ��j%�ri/lD /`%dl!�!�i9/D�0/�/'�i°iD/` ���i��/�/� Qualifications and experience that would assist you in serving in this position: 'e/ / I 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? i Additional information or comments: Please return this completed form to the City Secretary's Office, Town Hall, 1400 Main Street, Suite 270, Southlake, Texas 76092, fax to (817) 481-5826, or email to address: slegrand(a,cityofsouthlake.com. .Applications are kept on file for one (1) year. After that time it will be necessary to reapply and update the information her* if you wish to contiinue,to be considered for appointment. Signature:/ �,,. Date: L:. ii% Secretary\ iscellaneous\Ap lica io or B ards.doc MEMORANDUM June 15, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-046, Appointing a member to the Southlake Library Foundation Board Action Requested: Approval of Resolution No. 01-046, naming a Councilmember to the Southlake Library Foundation. Background Information: Resolution No. 99-75 was approved by the City Council in October 1999, which indicated that a Southlake Library Foundation would be beneficial in raising the public awareness and support for a future permanent library to serve the City's estimated build -out population of approximately 38,000. The proposed Southlake Library Foundation would include a Board of Directors consisting of one City Council member, one Library Board member, and a variety of community leaders yet to be determined. Currently, there is a vacancy for a Council representative with a two (2) year term. Financial Consideration: Not Applicable Citizen/Input Board Review: Not Applicable Legal Review: Not Applicable Alternatives: Not Applicable Supporting Documents: 1) Resolution No. 01-046 Im I RESOLUTION NO.01-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A COUNCIL MEMBER TO THE SOUTHLAKE LIBRARY FOUNDATION; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, Southlake is currently in the process of establishing the City's first library system which is to be housed initially within the new Town Hall building. The new library will offer over 10,000 square feet of public area and 17,000 square feet of shared space and staff work areas. Long range goals proposed a permanent stand-alone facility totaling approximately 40,000 square feet; and, WHEREAS, information reviewed by the Library Board indicates that a Southlake Library Foundation would be beneficial in raising the public awareness and support for a future permanent library to serve the City's estimated build -out population of approximately 38,000; and, WHEREAS, the proposed Southlake Library Foundation would include a Board of Directors consisting of one City Council member, one Library Board member, and a variety of community leaders; and, WHEREAS, currently there is a vacancy for a Council representative with a two (2) year term; and, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The above premises are hereby found to be true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints , as Council representative on the Southlake Library Foundation Board of Directors. Section 3. This resolution is hereby effective upon passage by the City Council. PASSED AND APPROVED THIS THE 19" DAY OF JUNE, 2001. 0 CITY OF SOUTHLAKE, TEXAS Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary Em 0 MEMORANDUM June 15, 2001 TO: Billy Campbell, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 01-047, Appointment of a liaison to DFW Airport Action Requested: Appointment of a liaison to DFW Airport for a one (1) year term. Background Information: In 1992, the Dallas -Fort Worth Airport staff established a "Neighborhood Forum" whereby surrounding cities would have an official vehicle for input concerning noise problems. The City Council appoints the representative to fill the position of liaison to the board. Resolution No. 01-047 allows for the appointment of a representative to serve as liaison to DFW Airport, attending the meetings when notified by the airport staff. The appointment can be a member of the City Council or a citizen appointment. Financial Consideration: Not Applicable Citizen/Input Board Review: Not Applicable Legal Review: Not Applicable Alternatives: Not Applicable Supporting Document: 1) Resolution No. 01-047 RESOLUTION NO.01-047 A -RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A COUNCIL REPRESENTATIVE AS LIAISON TO DFW AIRPORT; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, in 1992, the Dallas -Fort Worth Airport staff established a if forum" whereby surrounding cities would have an official vehicle for input concerning noise problems; and, WHEREAS, the City of Southlake was requested by DFW Airport to send a representative to the DFW Noise Forum, as it came to be known; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The above premises are hereby found to be true and correct and are hereby 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 liaison to DFW Airport for the DFW Noise Forum and other related matters. Section 3. That the appointment is hereby effective upon passage of this resolution by the City Council. PASSED AND APPROVED THIS THE 191h DAY OF JUNE, 2001. CITY OF SOUTHLAKE, TEXAS 0 City of Southlake, Texas MEMORANDUM June 15, 2001 TO: Billy Campbell, City Manager FROM: John Eaglen, Assistant to the City Manager (481-1433) SUBJECT: Consideration of the Town Hall Use Policy Action Requested: City Council consideration of the proposed Town Hall Use Policy. Background Information: On June 12, 2001 the City Council discussed the current draft of the Town Hall Use Policy. At this time staff mentioned that they would like the City Council to suggest revisions to the policy in order to place this item on the June 19, 2001 City Council agenda for consideration. Per staff s perception of the discussion, the following revisions are included in the latest version of the policy: Allowing Community Use of the Foyer Area — the policy allows consideration of requests for community use of the foyer area during non - business hours. Per the City Council discussion, an off -duty police officer would be required to be present at all times during the reservation period. ■ Revision to Section III(E), "Municipal Court and the Southlake Public Library" — The verbiage has been revised to clarify the approval authorities of the policies for the Municipal Court and the Southlake Public Library. Fundraising Events — After discussing the issues relating to fundraising events with the City Attorney's Office, the policy proposes to allow consideration of fundraising events that are either (a) reasonably related to City or County business, or (2) derived from a City -sponsored organization (Example: Keep Southlake Beautiful). The policy specifies that all fundraising requests are to be held in areas available for community use, and that these requests are subject to the same requirements and the approval process as requests for community use. Assessment of Cleanup Fees — Per the City Council's request, staff has developed three (3) categories of cleanup fees based upon associated costs tied to a square footage basis. Fees are subject to be received by the City Manager's Office within forty-eight (48) hours prior to the reservation time, or the approved request is subject to be invalidated. In addition, Appendix `B" has been added to express the event categories and the associated fees. The policy also stipulates that cleanup fees will not be returned to individuals and/or groups that damage the facility or fail to return the area(s) to their original condition. Billy Campbell, City Manager June 15, 2001 Page 2 ■ Prohibiting the possession of firearms b civilians. r y i ans. ■ Revision to Section VII(C), "Responsibility for Damages" — this revision drops the reference to damage fees, and stipulates that the City may keep the cleanup fees for damages, and reserves the right to assess additional charges to the individual and/or group for damages beyond normal wear and tear. Financial Considerations: The policy (Appendix `B") proposes the following revisions to the City of Southlake Fee Schedule to include Town Hall Use cleanup fees: ■ Meetings / Events — No Food or Drinks, limited use of the 3' Floor Training Room Area - $100.00 ■ Meetings / Events — Food and Drinks included, hinted use of the aid Floor Training Room Area - $150.00 ■ Meetings / Events — Use of the Foyer or the complete aid Floor Training Room Area - $450.00 Due to timing issues, Resolution No. 01-149, proposed revisions to the Southlake Fee Schedule to include Town Hall Use Cleanup Fees, is tentatively scheduled for the July 17, 2001 City Council agenda. Citizen Input/ Board Review: The policy was an item for discussion at the June 12, 2001 City Council Work Session. At that time staff expressed a desire to revise the policy per the City Council's direction and bring this item back for consideration at the June 19, 2001 meeting. Legal Review: The City Attorney has reviewed the policy, and will be in attendance at the meeting to address legal issues regarding this item. Alternatives: Input towards the discussion and policy revision as desired. Supporting Documents: Supporting documents include the following items: ■ Copy of the draft Town Hall Use Policy, current as of June 15, 2001. Staff Recommendation: Place as an item on the June 19, 2001 City Council agenda to consider the Town Hall Use Policy. A I City of Southlake Policies and Procedures Policy: Town Hall Use Policy Source: City Council Category: Southlake Town Hall Effective Date: June 19, 2001 Revised Date: -- I. Purpose. The purpose of this policy is to serve as a guideline for the management and scheduling of uses within the Southlake Town Hall, to balance the requirements necessary to conduct public business with the needs of citizen and community -based access and use of the Town Hall. II. Building Use Priority. Use of the Southlake Town Hall shall be for the primary purpose of conducting official public business on the behalf of the City of Southlake and Tarrant County. Meetings of the City Council ("City") and/or Tarrant County ("County"), City and/or County Committees, City and/or County appointed boards and commissions, and City and/or County departments shall take precedence over other community uses of the facility. III. Town Hall Facilities and Permitted Uses. A. Third Floor Training Rooms — The third floor training rooms (Rooms #3a, 3b, 3c, and 3d) are available for community uses when they are not previously scheduled for City and/or County business. B. City Council Chambers and the Executive Conference Room — Outside of use by the members of the City Council, the City Council Chambers and the Executive Conference Room are available only to City and/or County decision making bodies (please refer to Appendix "A"for further clarification). C. Mayor's Office — As the official office of the Mayor and City Council, this area is not available for community use. E. Municipal Court and the Southlake Public Library — The Municipal Court and the Southlake Public Library are subject to the individual sets of policies and City of Southlake — Town Hall Use Policy 06118101 Page I of 9 City of Southlake Policies and Procedures procedures that guide the management and use of those facilities, as approved and periodically revised b'the, and/or the aCounty -Commissioners Court. F. IV. Approval Process. A. Approval Authority — The City Manager may approve events (or suggest and offer space at an appropriate City facility) that meet the criteria described, and may provide explanation as to other criteria considered in processing the request. B. Request Review — The City Manager or his designee will review and approve or deny the use request based upon criteria including, but not limited to, the following: 1. The request being reasonably related to City or County business; 2. The request is of a not -for -profit nature; 3. The facility may not be used for commercial purposes or the promotion or sale of products; 4. The event will not cause a detrimental impact to the City and/or County staff and available resources, or the physical capacity of the requested location to host the event, including, but not limited to: (a) The availability to have City or County staff to accommodate requests for reservations during non -business hours. (b) The parking capacity and the potential impact of the requested event on other planned events. (c) The number of planned participants and the traffic impact upon the location. (d) Other scheduled events and/or uses of the location that increase the usage of the Town Hall facilities above the recommended capacity. C. Appeal of the City Manager's Decision — If the event does not meet the stipulated criteria or the application is not approved, the requestor may petition the City City of Southlake — Town Hall Use Policy 06118101 Page 2 of 9 City of Southlake Policies and Procedures Council for review and approval or denial. The City Council's decision should be final. V. Scheduling Procedure. A. Required Notice — Written requests in the standard format for reservations shall be submitted to the City Manager's Office for review. In order to consider a request, the City of Southlake must receive the request form for community uses of the building within at least ten (10) business days prior to the requested time. For information regarding reservations within Southlake Town Hall, please contact the Secretary to the City Manager at (817) 481-1420, or submit a request in writing to the following address: City of Southlake Attn: City Manager's Office 1400 Main Street, Suite #460 Southlake, Texas 76092 B. Required Notice of Cancellation — The City of Southlake requires notice of any cancellations within a forty-eight (48) hour period from the reservation time; failure to comply may be grounds for the City's denial of the privilege of reserving facilities in Southlake Town Hall in the future. C. Non -Approval of Submitted Multiple Dates — In order to maximize the availability of the facility for community use, consideration of requests will be on a case -by -case basis. Multiple dates for community use submitted at one time will not be approved by the City Manager's Office. D. Reservation Overrides — The City of Southlake shall have the authority to schedule priority functions that may necessitate the removal of community use activities previously scheduled. If such change is required, the City Manager or his designee shall notify the contact person identified on the submitted request form to the City Manager's Office as soon as possible, and will attempt to suggest and offer space in another City facility to hold the event. E. Tarrant County Scheduling — As the County is a partial owner in the facility, they may schedule events in their areas (identified in the interlocal agreement entered into by the City and County) as desired, however they will coordinate all scheduled meetings outside of their designated areas with the City Manager's Office. VI. Use Regulations. A. Required Staff Support — Business hours for the Southlake Town Hall are from 8:00 a.m. to 5:00 p.m., Monday through Friday. For reservation requests that are approved for events to be held during business hours, the City Manager will City of Southlake — Town Hall Use Policy 06118101 Page 3 of 9 City of Southlake Policies and Procedures designate a staff official to assist the individual and/or organization during the reservation period. If no staff is available at the reservation time, the meeting request must be scheduled for another time when staffing is available. B. Access During Non -Business Hours — A City and/or County official or a member of the City and/or County staff must be present for all community uses of the facility during non -business hours (times other than 8:00 — 5:00 p.m., Monday through Friday). If there is no such presence planned in the building during a reserved community use, the individual and/or organization submitting the reservation request must pay the cost for a police officer to be present during the reservation period. Approval of requests during non -business hours is also subject to the availability of a police officer to be present at that time. C. D. Equipment — As general practice, due to the sophisticated systems within Southlake Town Hall and limited staffing, utilization of the building's audio / visual system is prohibited. However the City does have some limited portable audio / visual equipment that is available for use during approved reservations. Please contact the City Manager's Office for a description of such items. E. Access to Parking Adjacent to Town Hall — The City of Southlake and Tarrant County own the parking spaces adjacent to the Town Hall Building. However, as general practice the parking spaces adjacent to the building will not be reserved for the exclusive use of the Town Hall, but will be available for the customers and/or patrons of Town Square. The City of Southlake reserves the right to designate reserved parking spaces in these areas on a temporary basis for use(s) directly related to City and/or County business. F. Prohibited Activities — The following prohibitions shall apply to reservations in the Southlake Town Hall: (a) Decorations — Decorations may not be affixed to any walls, furniture, finishings, or equipment in the Town Hall facilities. Questions regarding allowable decorations may be directed to the City Manager's Office for clarification prior to the reservation time. City of Southlake — Town Hall Use Policy 06118101 Page 4 of 9 City of Southlake Policies and Procedures (b) Smoking and alcoholic beverages — Smoking and alcoholic beverages are not allowed in the Town Hall facility. (d) G. Other City Meeting Facilities — If the City is unable to grant a space in Southlake Town Hall for a community use, the City Manager or his designee will attempt to provide space at other City facilities to accommodate the request, subject to availability. These other facilities potentially available for public use include the following: (a) Senior Activity Center, 307 Parkwood Drive; (b) Community Center in Bicentennial Park, 400 North White Chapel Boulevard; (c) Department of Public Safety Facilities, 667 North Carroll Avenue and West Site Facility, 2050 W. Southlake Boulevard (upon completion). VII. Individual and Group Responsibilities. A. Facility Setup — The responsibility for setting up tables and chairs (if applicable) shall remain with the individuals or organizations making the reservation. The City does not provide staffing or material(s) to aid in the setup or cleanup of the facility. B. Facility Cleanup — If applicable, tables, chairs, and any provided equipment must be returned to the original arrangement when the use of the facility is complete. Individuals and organizations must remove all trash, equipment, and decorations at the end of the reservation time. Facilities must be left .in good, clean condition when the activity is complete. Individuals and/or organizations making the reservation shall be responsible for turning off all lights and securing the facility. C. Responsibility for Damages — criminal .and/or civil :penalties. Finally, damages to the facility by individuals or groups may result in the denial of future reservation requests. VIII. Compliance with applicable procedures, policies, and pertinent ordinances. A. Required Compliance — Users must comply with procedures, policies, restrictions, and all pertinent ordinances of the City of Southlake. Any questions arising about City of Southlake — Town Hall Use Policy 06118101 Page 5 of 9 City of Southlake Policies and Procedures items not specifically addressed in this policy should be referred to the City Manager's Office. IX. Non Discrimination. A. Intent of Non Discrimination — The City will not discriminate against any person or persons because of their age, sex, race, religion, color, or natural origin, nor will the City permit the individuals or organizations making the reservations to engage in such discrimination. X. Release of Liability. A. Indemnification — With submittal of the use application, the petitioner agrees to indemnify and hold harmless the City of Southlake, its officers, agents, servants, and employees, from and against any and all claims or suits for bodily injury, illness, death, personal injury or property damage (including, without limitation, reasonable fees and expenses of attorney, expert witnesses and other consultants) arising out of any negligent act or omission committed by the petitioner, its officers, employees, agents, guests, and invitees, in connection with the activities conducted under this agreement. This indemnification shall specifically include any claims arising from the negligence of the City, its agents, officials, and employees. B. Responsibility for Property - The City assumes no responsibility for property placed in the facility in connection with the use of the facility. City of Southlake — Town Hall Use Policy 06118101 Page 6 of 9 Organization: Request submitted by: Date of Event: Time of Event: From: Facility Requested: City of Southlake Policies and Procedures Please return this form to the City Managers Office at: 1400 Main Street, Suite 460 — Southlake, Texas 76092 Phone (817) 481-1433 - Fax (817) 481-1463 AM / PM To: Date: AM/PM Type of event: Description of Event (includes estimated space and parking requirements, the number of planned participants, an estimated turnover time among participants, the time and resources the petitioner(s) have contributed to the planning of the event, etc.) Contact Person: Home Phone: Address: Work Phone: Mobile Phone: City State Zip Email Address (If applicable) WITH SUBMITTAL OF THIS APPLICATION, THE PETITIONER AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEY, EXPERT WITNESSES AND OTHER CONSULTANTS) ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY THE PETITIONER, ITS OFFICERS, EMPLOYEES, AGENTS, GUESTS, AND INVITEES, IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF THE CITY, ITS AGENTS, OFFICIALS, AND EMPLOYEES. Upon approval, this signed petition entitles the scheduled user to full use of the requested facilities herein. This reservation takes priority over any first -come users or non -reserved parties. Signature of Responsible Person City Manager or his designee City of Southlake — Town Hall Use Policy 06118101 Date Date Page 7 of 9 City of Southlake Policies and Procedures Appendix A Use of the City Council Chambers and the Executive Conference Room A. Use of the City Council Chambers and Executive Conference Room - The City Council Chambers and the Executive Conference Room shall be reserved for the City of Southlake decision -making bodies. These include the following: ■ The Southlake City Council; ■ The Southlake Planning and Zoning Commission; ■ The Southlake Zoning Board of Adjustment (ZBA); ■ The Southlake Parks Development Corporation (SPDC); ■ The Southlake Building Board of Appeals (BBOA); ■ The Southlake Crime Control and Prevention District (CCPD). B. Other Boards and Commissions Use of Southlake Town Hall — The following advisory bodies to the City Council and ancillary boards and commissions may meet in the Southlake Town Hall as appropriate in the third floor conference room areas. These bodies will receive priority consideration over community uses. These include the following: ■ The Southlake Parks and Recreation Board; ■ The Southlake Library Board; ■ The Joint Utilization Committee; ■ Metroport Teen Court; ■ The Executive Committee and Standing Committee of the Southlake Program for the Involvement of Neighborhoods (SPIN), including public meetings sponsored by SPIN as the facility is available. ■ Friends of the Southlake Library (due to the work ongoing in the Southlake Public Library, this would be on an interim basis until the facility is open). ■ Other City Council appointed committees, task forces, or advisory bodies. Questions regarding the use of specific facilities in Southlake Town Hall may be directed to the City Manager's Office at (817) 481-1420. C. Other Regular Meetings and Locations — The following boards and commissions will continue to meet at the following locations, but may use Town Hall facilities as needed: ■ Southlake Crime Control and Prevention District Board of Directors — DPS Training Room, 667 N. Carroll Avenue. ■ Joint Drug and Alcohol Committee — DPS Training Room, 667 N. Carroll Avenue. ■ The Southlake Library Foundation — Senior Activity Center, 307 Parkwood Drive. ■ Keep Southlake Beautiful (KSB) — Community Center, Bicentennial Park, 400 N. White Chapel Boulevard. ■ The Southlake Youth Action Commission (SYAC) — Community Center, Bicentennial Park, 400 N. White Chapel Boulevard. ■ Southlake Sister Cities — Senior Activity Center, 307 Parkwood Drive. ■ Senior Advisory Committee — Senior Activity Center, 307 Parkwood Drive. ■ Friends of the Southlake Library(FOSL) — Southlake Public Library (upon opening of the facility). ■ Mayor's Advisory Committee — Senior Activity Center, 307 Parkwood Drive or Southlake Town Hall (as determined by the Mayor). City of Southlake — Town Hall Use Policy 06118101 11:13 AM Page 8 of 9 City of Southlake Policies and Procedures APPENDIX B CLEANUP FEES ASSOCIATED WITH TOWN HALL RESERVATIONS FOR COMMUNITY USAGE A. Cleanup Fees for Community Usage of Town Hall — The following cleanup fees are to be assessed for community use of the Town Hall facility. Upon approval, the applicable fees are to be remitted to the City Manager's Office within forty-eight (48) hours prior to the reservation time. The fees will be returned to the applicant upon staff review of the facilities utilized at the conclusion of the reservation period, and a determination is made that the facilities were in good condition, and the area was returned to the original condition. The City reserves the right to keep the fees if it is determined that the facilities were not left in good condition, or that damages beyond normal wear and tear exist. ■ Meetings / Events — No Food and Drinks limited usage of the 3`d floor training room area - $100.00. ■ Meetings / Events — Food and Drinks limited usage of the 3`d floor training room area - $150.00. ■ Meetings / Events — Usage of foyer area and/or usage of the complete 3`d floor training room area - $450.00 City of Southlake — Town Hall Use Policy 06118101 11:13 AM Page 9 of 9