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1996-07-02 CC PacketCity of Southlake, Texas June 29, 1996 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting July 2, 1996 Meetingtime. ime. We discussed moving the meeting times, but (as I recall) we did not feel we should change the times until we notified the public. We have an agenda item (See Agenda Item No. 8C below) that will start things in motion. Update on S.H. 114. As of this writing we have had no additional information concerning 114. We will hopefully have some information to report concerning 114 (e.g. progress of right-of-way acquisition, etc.) at each meeting. We will have a standing agenda item under the City Manager's Report until further notice. 2. Aizenda Item No 5A Resolution No 96-45 authorizing the submittal of a Texas D=artment of Health Giant anpli a ion. Resolutions such as this are a routine part of the grant application process for many state agencies. You will note that the grants being offered through the Texas Department of Health for this particular funding are to assist in the development of projects increasing the availability and quality of emergency pre - hospital health care. If we are successful in our attempt to obtain this funding, we will improve our ability to: 1) educate the community in basic first aid and CPR by acquiring needed mannequins, and 2) acquire equipment for public safety officers, improving our ability to respond to certain medical emergencies. The details of the grant application can Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 28, 1996 Page 2 be found in the memo from Malcolm Jackson, Administrative Coordinator in the Department of Public Safety. Matching funds will be included in the DPS budget request for FY 1996-97. 3. Agenda Item No 7A Ordinance No. 480-200. 2nd reading (ZA96-62). Rezoning for approximately 1 379 acres Location: 2079 North Carroll Avenue and Primrose Lane. There are no unresolved issues with this item. 4. Agenda Item No 8A 1st Reading Ordinance No 530-A adopting new Animal Control Ordinance. This ordinance was brought forth at the request of a large number of residents in Harbor Oaks. We have given a copy of this proposed change .to Joe Mast, SPIN Representative, and John Holzgraefe, who has been involved with the neighborhood group wanting the ordinance change. The ordinance in your packet for consideration is slightly different from the one in your last packet. The most recent changes have been enumerated in the June 27 memo from Debra Drayovitch, City Attorney. The memo from Billy Campbell, Director of Public Safety, highlights the provisions which have been changed from the existing Animal Control Ordinance No. 530, adopted in 1991. The changes/additions to the ordinance are indicated with the use of highlights/strikeouts. Although much of the ordinance is unchanged, we added enough substantive changes to warrant repealing the old ordinance 530 and replacing it with 530-A. The key provisions of the new ordinance deal with the issue of dangerous animals. Ordinance No. 530-A incorporates provisions of Chapter 822 of the Texas Health and Safety Code pertaining to the regulation of dangerous dogs. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 28, 1996 Page 3 The ordinance in Section 4.02(e) prohibits wolf (canine lupus) hybrids and coyote (canine latrans) hybrids in the City. This has apparently generated interest from several reporters. According to our attorneys and people I have spoken with in Austin, a city can prohibit species but not breeds (e.g., pit bull terriers). Hybrids are not considered dogs (canis familiaris) by the Texas Department of Health. When addressing quarantine methods, etc., when a wolf or coyote hybrid has bitten a human, the hybrids are classified in the miscellaneous animal category. FYI, three definitions were omitted in the ordinance: cat; dog; veterinarian. The definition of a cat (fells catus) and dog (canis familiaris), as defined in the state statute, will be included in the ordinance before second reading, as will. that of a licensed veterinarian (defined in the statute as "a veterinarian licensed to practice veterinary medicine in one or more of the 50 states"). There is a definition in the ordinance on which staff needs City Council direction. The Zoning Ordinance defines a "kennel" as: "any lot or premises on which (4) or more dogs, cats, or other domestic animals at least (4) months of age are housed or accepted for boarding, trimming, grooming, and/or bathing for which remuneration is received." The current Animal Control Ordinance No. 530 defines a kennel as: "any place where more than four (4) dogs or more than four (4) cats or any combination of dogs and cats where the total exceeds (4) animals over that age of six (6) months are raised, trained, boarded, harbored, or kept." Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 28, 1996 Page 4 The proposed Animal Control Ordinance No. 530-A now before you for consideration defines a kennel as: "any place where four or more dogs, four or more cats or any combination of dogs and cats where the total equals or exceeds four animals over the age of six months are raised, trained, boarded, harbored or kept." The difference is important. Under the current Zoning Ordinance, a total of four domestic animals constitutes a kennel. Kennels are permitted in the Zoning Ordinance in "C-3," 66C-4," "B-2," and "I-1" zoning districts with a Specific Use Permit. They are not permitted in any other zoning district. Thus someone who resides in a "RE" district who has a horse, two cats, and a dog is in violation of the Zoning Ordinance. So is someone in an "SF-20" district who has two cats and two dogs, or no cats but four dogs. This definition has resulted in contentious situations with complaints filed. The Zoning Ordinance definition of a kennel was adopted 9-19-89, and amended 3-19-91. The Animal Control Ordinance definition of a kennel was adopted 6-18-91. It would be helpful to staff if City Council would give staff direction as to what the preferred definition should be. We can then make the proper changes in the definition in the proposed 530-A, and amend the definition in the Zoning Ordinance later. engaged in the business of painting address numbers on street curbs. This is one of the ordinances mentioned to City Council during the Retreat. The memo from Director Campbell succinctly covers the key provisions. The ordinance requires a registration certificate and prohibits the vendor from representing the activity as City -sponsored. (See Section 5(b) and 7(d) referencing this provision.) Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 28, 1996 Page 5 Note in the file name notation at the bottom of the proposed ordinance that this ordinance has been on the table since October 1995. Please call me or Director Campbell if you have any questions about this ordinance. 6. Agenda Item No 8C Ordinance No 661, lst reading. meeting time for Regular City Council Meetings. This ordinance will provide for meeting times as discussed at your retreat. You will recall that the Council agreed to begin the work session at 5:00 p.m., call the Council meeting to order and go into Executive Session at 6:00 p.m., and begin the public part of the Council meeting promptly at 7:00 p.m. FYI, this new procedure was discussed with the SPIN Standing Committee during its meeting Thursday evening. We will be working through the usual channels to make residents aware of the changes, hopefully avoiding any confusion. 7. Agenda Item No 8D Ordinance No 660 1st reading. Creating offense for violation of promise to appear for ordinance violations in Municipal Court. The need for this ordinance is succinctly set out in the letter from Debra Drayovitch, City Attorney. Without this ordinance "...there could be consequences adverse to the City if a defendant is arrested for failure to appear..." to answer a citation issued by a city employee to someone for violation of a City ordinance. It is easy to see where this could lead us. Note in Ms. Drayovitch's letter, the reference to Section 1 and the employees who are authorized to issue citations, and the listing of positions. The list should be: the Director of Public Safety or his designee; the Director of Public Works or his designee. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 28, 1996 Page 6 Note that this ordinance has been on the waiting list since April. Please call me if you have any questions about this ordinance. 8. Agenda Item No 10A and 10B are tower lease agreements with Primeco and Sprint respectively. The provisions are in keeping with our standard tower lease agreements. The lease dollar amount of $11,040 in both agreements is the same amount of the Primeco lease approved by City Council on April 23, 1996 for the Bicentennial Park water tower site. Please call me or Bob Whitehead (x 740) if you have any questions about the lease agreements, or Kim McAdams Lenoir (x 757) if you have questions about the screening at Bicentennial. Baptist Church. As pointed out in the memo from Ron Harper, City Engineer, this permit request meets all other requirements of the sign ordinance, however, the current sign ordinance requires City Council approval for all reader board type signs. Note in the Church Signs Survey (page 1OC-10 in your packet) that 4 of 13 churches have reader board type signs. The Church has requested a permit to erect a new sign to replace the previous sign destroyed in an accident several weeks ago. Following discussions in the work session, should City Council feel this request is routine, it could be moved to the Consent Agenda. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 28, 1996 Page 7 10. Agenda Item No. 10D. GTE Franchise Fee Dispute. This item refers to the City's agreement to participate with other similarly situated Texas cities in an effort to collect delinquent franchise fees from GTE and to pursue action before the Public Utilities Commission to set aside what some consider an illegal automatic "pass through" tariff of GTE. These issues were raised in the summer of 1995, when GTE approached cities with a proposal for a flat -fee franchise agreement and provided an "incentive" for cities who adopted the new agreement within a specific time period. Please see reference material included in your packet under Agenda Item No. 10D. Subsequent to GTE's proposal, a group of cities (including Denton, among others) formed a Steering Committee to work to ensure that the interests of cities are represented on whatever new franchise agreement was worked out. The City of Southlake passed a resolution in August 1995 agreeing to participate (included in your packet). We will discuss more of the specifics of this case with you in Executive Session Tuesday evening. The item of consideration for you at the Council meeting relates to a hearing in which the cities argued for a motion to compel GTE to comply with requests to produce certain documents. The motion of the 22 cities relates to obtaining the financial records needed to audit the amount of delinquent franchise fees owed the cities. GTE filed a motion to get the court to postpone GTE's responsibility to produce financial records until the court decides what revenue accounts should be included in determining the amount of franchise fees. The judge suggested postponement until the parties could mediate the controversy. It was determined that a committee could represent the cities (as opposed to all 22 cities Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 28, 1996 Page 8 as requested by GTE), to serve as negotiators in this mediation. The item on the agenda provides Council an opportunity to cast votes for the individuals they believe should serve on this negotiating team. In connection with this, each party defendant must also specify an individual to be present at the mediation and enter a settlement on behalf of the city. As I mentioned, this complicated item will be thoroughly discussed in Executive Session on Tuesday evening. Properties. owner of Crossroads Square. We have included this item on the agenda as indicated by City Council. The letter and plan submitted previously by David McMahan is not included in your packet because he has indicated he will be submitting a reduced acquisition request. He also indicated that he will have a signed lease agreement from Tom Thumb, contingent upon acquiring the needed land, prior to the meeting. We probably were not clear last meeting, but even if City Council would like to pursue the exchange requested by the developer, there are notice and hearing provisions that must be complied with prior to the exchange. Several of you have asked what the reaction of the Park and Recreation Board has been for this piece of property. We have not formally asked for a recommendation from the Park Board since the land in question is not park property. We have carefully refrained from referencing this property in any way as park land, or otherwise implying such, due to the statutory provisions pertaining to the sale or conveyance of park land. Chapter 253.001(b) of the Local Government Code provides that "land owned, held, or claimed" as a public park may not be sold unless the voters approve. There are specific exceptions, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 28, 1996 Page 9 some of which may apply in this situation, but the bottom line is that this provision is why we have very purposefully made it known that the 7-acre piece south and contiguous to Bicentennial Park on White Chapel was purchased for a City Hall or other type of municipal purpose, not for park expansion. Should City Council want to pursue the exchange, you would indicate to staff the specific direction you would like us to take and we would initiate and bring it back to you for consideration. pJaIs As briefly discussed at the Retreat, Public Works has been in the process of developing a Water Conservation Plan and Drought Contingency Ordinance. As succinctly explained in the cover memo from Ron Harper, Deputy Director of Public Works/City Engineer, the City is in need of this ordinance for a variety of reasons. Given our current lack of a redundant source of water supply from Fort Worth, the drought conditions, and our minimal storage capacity, we need to look at conservation as well as an emergency plan for temporary water shortages. The graphs attached to Ron's memo clearly show the effects of peak demand on storage tank levels. It can be seen that if the 30" supply line became inoperable, it would be a- matter of hours before the elevated storage tank levels dropped to a critical level. This ordinance will take a proactive approach to our problems through conservation, as well as provide a plan for an emergency water shortage. OTHER ITEMS OF INTEREST 13. Update on Water Tanks and Pumping Information. We discussed with you during the Retreat about the situation with our water storage capacity. From 10:30 p.m. Thursday, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 28, 1996 Page 10 June 27 (yesterday), to 04:00 this morning, June 28, the additional 3 million gallon per day (mgd) pump was activated. Prior to then, the 10 mgd pump only was being used due to the peaking situation. Normal operating range is between 30-38 feet of water in the tank. When the level dropped to 32 feet, the second pump was activated. When the level drops to 20 feet, we consider it serious. The level dropped to 23 feet by 08:30 before it started increasing again. By 2:00 p.m. today, we were back up to 28 feet. We will be back to normal by this evening. This illustrates the need for additional storage facilities, but also points out the good work our water utility folks do in managing the system. FYI, last summer (July and August) we averaged about 6 mgd of usage, with a peak of 7.4 mg. Twice this year already we have topped 8 mg, with a peak of 8.8 mg on June 23. 14. SPIN Officers Elected at June 27 Meeting - The following SPIN representatives were elected to serve on the SPIN Executive Committee: Chair: David Baltimore Vice Chair: Laura Miklosko Secretary: Joe Mast On a related note, please mark your calendars for the next Joint City Council/SPIN meeting (these are held quarterly), scheduled for July 25, 1996 at Bicentennial Park. More details will be provided later, but the Standing Committee has indicated an interest in discussing Council's goals and sharing their goals with you. If you have any questions about SPIN or the joint meetings, please contact Assistant City Manager Shana Yelverton. 15. Retreat Follow Up/Council Survey. Attached to this memo you will find a "survey" form, which was based upon your discussion of goals at the Retreat. Please take a Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 28, 1996 Page 11 moment to complete the form, and return it to our office at your earliest convenience. This will allow us to rank your priorities so that you can ascertain which items are most important to the aggregate Council. We will disseminate the group priority ranking before the next meeting. We would like to take a moment to thank each of you for your time and participation in the Retreat. We know it was a grueling two days, but we believe it was very productive. Don't forget that we taped the sessions. You may want to check out a tape or tapes to review anything you may have missed. If you would like to check out a tape, please call Tracy Southers, Public Information Officer, at ext. 819. 16. Undate on Continental Park Estates Baseball Field Complaint Issue. As you know, we received a complaint in the form of a petition from the residents on Scenic Drive and Timber Court who are concerned about the ball field in the back yard of Roy and Vicki Johnson. A copy was included in your packet for your reference at the last meeting. I asked the Zoning Administrator, Karen Gandy, to issue an opinion on the zoning implications. The attached letter from Karen Gandy to Vicki Johnson clearly describes the successful resolution of this complaint. Please let me or Karen know if you have any questions. 17. Complaint System Chronology. During the Retreat discussion of citizen complaints, we may have mistakenly left you with the impression that we do not currently have a system in place at all. If so, it was unintentional. Under our existing procedure, a complaint can be initiated within several different departments in any number of different ways, including code violations, calls to the Action Line, calls or letters directly to a specific department, complaints or action required as a result of work in progress, etc. Each department (, responds to the complaints it receives or is assigned, in a timely manner. Unfortunately, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 28, 1996 Page 12 we do not yet have a centralized tracking system and data retrieval system that will ensure all complaints or requests for action, are logged into one database. A brief history of our attempts was presented to City Council at the June 1995 retreat, an excerpt of which follows: Beginning in 1990, an attempt was made to use the System 36 computer to log and report code violation complaints. Software was purchased from Cameo Software Solutions, the vendor for most of our System 36 software applications. Although this program was better than tracking code complaints by hand, there were numerous problems with this system. Entering a single complaint required numerous screen changes. Reports were generated, but the software lacked the ability to customize the report format to our particular needs. Use of the System 36 was subsequently abandoned. Other PC -based applications have been considered, but various constraints have prevented ready solutions. Staff has attempted to track complaints through a system of staff memos and telephone follow-up. However, the volume of complaints and staff workload have made tracking difficult. Currently, complaints enter City Hall in several ways. Citizens calling the Action Line will reach voice mail where they can leave a message with their name, address, phone number, and comments. The operator logs all Action Line messages, ensures a copy is distributed to the appropriate department for each complaint call, and files one copy in a logbook kept in the City Manager's office. To bring you up to date at where we are now, a policy/procedure for a complaint tracking and reporting system has been developed. This system was developed after researching other cities' procedures for handling citizen complaints. In addition, other City departments were surveyed to determine how work orders, code violations, Action Line calls, etc., could be integrated into a standard procedure, minimizing duplication of paperwork and effort. What remains, is the actual construction of a computerized database that will incorporate the other department's databases and reduce duplication of efforts. After looking at several off -the -shelf software packages, we have negotiated a possible Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 28, 1996 Page 13 contract with our MIS consultant for the design and construction of a customized complaint database using Microsoft Access software. We are close to getting this system operational. If you have any questions, please feel free to contact me or Kevin Hugman, Assistant to the City Manager. 18. Road Closures. Work at Carroll and Continental is still progressing on schedule. The project was scheduled for six weeks and we are two weeks into the work. Dove Road between N. White Chapel and Kimball is being cement stabilized. The road is closed to through traffic. We are keeping updated information on road construction on cable Channel 25. 19. Update on Primeco. We have issued conditional building permits to Primeco for the Brazos site as per discussion at the last City Council meeting. Primeco is actively pursuing a revised site plan for the Brazos site and anticipates submitting it by July 15, therefore, it should be to Council on August 20. We are working with their consultant, Masterplan, to revise our ordinances. The consultant plans to make a presentation to Council at the July 16 meeting to determine your wishes as to direction and scope of changes to be made. We will probably want Primeco to delay their plans for the Kimball site until after we have revised our ordinances. It should be noted that Primeco is making a good faith effort to comply with our ordinances as they are currently written. 20. Accidents on SH 114 and Continental/Davis Boulevard As we mentioned in passing at the Retreat, on Monday, June 24, at approximately 7:30 a.m., two accidents occurred on SH 114 which effectively shut down the highway in both directions for approximately 20 minutes. The first, a major accident, was in the eastbound lane of SH 114 at Carroll. A sport utility vehicle rolled over and ejected the driver. Care Flight was called. While this accident was in progress, a second accident, minor in nature, occurred in the westbound OR Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 28, 1996 Page 14 lane at N. White Chapel. We received over twenty 911 calls related to the two accidents. Some calls were to report the accident, but some were also to complain about the traffic conditions. I think this is a preview of what's to come if we do not see any relief on SH 114! We also had a major accident at Davis Boulevard and Union Church this morning. Care Flight was called to transport the driver of one of the vehicles. The accident occurred in the construction zone on Davis, but at this time, we have conflicting witness accounts, and have been unable to interview the drivers involved. 21. Sneaking of SH 114 ... we are showing on the cable channel the videotape produced by TU Electric for presentation to the Texas Transportation Commission. The video has aired on Channel 25 since Friday, June 21 and will continue through Sunday, June 30, at 5:00 p.m., 7:00 p.m., 9:00 p.m., and 11:00 p.m. The next Southlake In Review newsletter, due out the end of July, will have a special section featuring SH 114. We also plan to air the video again at the same time to keep this topic in the front of everyone's mind. 1997 CITY COUNCIL GOALS Survey This list of items was identified by you at the June 26 City Council retreat as being important issues you want staff and/or City Council to address over the next year. For each item listed, please indicate the relative importance of it compared to each of the other items, with 1 being Critical, 3 being Somewhat Important, and 5 being Least Important. Your responses will be used to determine the overall relative ranking of the items. Add any other items you would like to have considered, and its relative importance to you. Very Somewhat Less Least Critical Important Important Important Immrtant 1. Update Master Plan components. 1 2 3 4 5 2. Promote economic development. 1 2 3 4 5 3. Determine bond needs. 1 2 3 4 5 4. Make government more efficient and user friendly to citizens/ don't micro -manage. 1 2 3 4 5 5. Hold joint work sessions with boards and commissions. 1 2 3 4 5 6. Promote image of Council and staff. 1 2 3 4 5 7. Put a "gong" on Council -- limit time spent on discussion in regular session. 1 2 3 4 5 8. Investigate methods to reduce time used by citizens in public hearing/comments on agenda items. 1 2 3 4 5 9. Investigate methods to speed up City Council meetings. 1 2 3 4 5 10. Analyze park and recreation needs; fulfill as possible. 1 2 3 4 5 11. Assess City's land needs for next 10-15 years. 1 2 3 4 5 12. Assess rezoning of particular parcels of land; assess potential of trading parcels. 13. Publicize City's land acquisitions and reasons for acquisition in City newsletter. 14. New DFW Airport EIS -- determine where noise contours are in accordance with new EIS; less restrictive? 15. Follow up on citizen complaints; develop tracking system. 16. Do something about weekend signs. 17. Do something about off -premise signs. 18. Pursue City acquisition of r. o. w. /easements. 19. Take proactive approach to marketing City; develop an "economic development" SWAT team. OTHER: Very Critical lIDporta4L Somewhat Less Important lmp4LI Least nt lmporutnt 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 Mayor: Rick Stacy Mayor ProTem: W. Ralph Evans Deputy Mayor Pro Tern Pamela A. Muller Councilmembers: Wayne Moffat David A. Harris Gary Fawks Scott F. Martin City Manager: Curtis E. Hawk Assistant City Manager: Shana K. Yelverton City Secretary: Sandra L. LeGrand City of Southlake June 21,1996 Ms. Vicki Johnson 1208 Timber Court Southlake, TX. 76092 Re: Ballfield at 1208 Timber Court, being Lot 8R1, Block 2, Continental Park Estates Dear Vicki: I would like to thank you for relocating the select softball practices to another location after our telephone conversation on June 6, 1996. When I followed up with others in your neighborhood, I learned that the ballfield has not been utilized for practices for the last two weeks. I much prefer to handle these types of situations by a telephone call, rather than through code enforcement action. As we discussed, the zoning ordinance does not specifically address ballfields in neighborhood settings; however, Section 7 of the ordinance does say that unless a use is specifically permitted, then it is prohibited. Your property is zoned SF-20B and this district does not permit ballfields. I also said that I saw many similarities between the ballfield use in your neighborhood and the in -home day care use that was proposed by another resident in your neighborhood. During the Board of Adjustment's review of the day care use several weeks ago, you and many of your neighbors were opposed to the in -home day care for many of the same reasons your neighborhood has expressed with regard to the ballfield use. I think that you can appreciate your neighbor's frustrations with the additional traffic and parking concerns, the impact of the teams on the privacy of the neighbors as well as their concerns regarding the increased liability to all the property owners adjacent to the lake since your property backs up to the private lake. Again, I thank you for your voluntary compliance with the zoning ordinance. Although the new location may require adjustments by the team, I know the neighborhood will appreciate that their safety and liability concerns and privacy issues have been addressed. Sincerely, CITY OF SOUTHLAKE ��'ttj U4 " Karen P. Gandy Zoning Administrator 667 North Carroll Avenue - Southlake, Texas 76092 (817) 481-5581 - FAX (817) 488-9370 AN EQUAL OPPORTUNITY EMPLOYER' City Council Agenda July 2, 1996 The following items will be addressed at the regular City Council meeting scheduled for July 2, 1996: Consent Agenda: 1) Resolution authorizing grant application to Tx Dept. Of Health. Second Readings: 1) Ordinance 480-200, Rezoning of 1.379 acres to SF1A, located at N. Carroll and Primrose Lane. First Reg nes: 1) Ordinance 530-A, Adopting a new Animal Control Ordinance to ;lude dangerous animals. �) Ordinance 644, requiring registration for persons who engage in the business of painting address numbers on street curbs. 4) Ordinance 661, specifying meeting time for regular City Council meetings. 5)Ordinance 660, creating offense of violation of promise to appear for ordinance violations in Municipal Court. Other Items: 1)Agreement with Primeco for antenna on Florence Road Water Tower. 2) Agreement with Sprint Spectrum for antenna on Bicentennial Park Water Tower. 3) Variance to Sign Ord. -Lonesome Dove Bapt. Church. 4) City Council Cast Ballot for issues related to GTE Franchise Fee Dispute. 5)Land Exchange w/Pima )perties Water Conservation Plan city manager's report june 28, 1996 CITY OFFICES WILL BE CLOSED JULY 4 IN OBSERVANCE OF INDEPENDENCE DAY Picnic In The Park: Family Fun For Everyone! This old fashioned family event will begin at 4:00 p.m. with children's games such potato sack races, water balloon toss, tug of war, pirate's gold and more. At 5:00 p.m. there will be a children's show and at 6:15 the Lake Cities Community Band will perform patriotic music. June 30, 1996 4:00 - 7:30 p.m. Free! Reminder: ���pSED Road Closures XContinental/Carroll culvert work should be completed by July 19. XDove Road work should be completed by the end of the summer. Thank you for your patience! ®The SPIN Standing Committee elected new officers at its June 27 meeting: Chair: David Baltimore Vice Chair: Laura Miklosko Secretary: Joe Mast ®SPIN Neighborhood #6 hosted a meeting on June 6 to discuss a variety of neighborhood issues. SPIN Neighborhood #9 met in June to discuss pavement distress. Approximately 20 neighbors attended. %The Neighborhood Council for SPIN Neighborhood #14 met in June to discuss general neighborhood issues. UPCOMING MEETINGS July 1. 1996 +Bond Mon Subcom. Pstrative Offices f`00 tpm. +Keep Southlake Beautiful Community Center 7:00 p.m. +City Hall Planning Subcom. Community Center 7:00 p.m. +Park Board Meeting Council Chambers 7:00 p.m. July 9. 1996 +Joint Utilization Committee CISD Board Room 7:00 p.m. July 10, 1996 +Finance Subcommittee Administrative Offices 7:00 p.m. +Sister Cities Administrative Offices 7:00 p.m. July 11, 1996 +Board of Adjustment Council Chambers 7:00 p.m. Park Master Planning: Status Report Southlake Parks. Recreation and Open Space Master Plan - The telephone survey has been completed, and staff has received a preliminary report. Results will be presented at the upcoming Park Board meeting on July 8. Bicentennial Park/Bob Jones Park - Work continues on the master planning of these parks. The consultants are making changes per previous public hearings. The Park Board will consider cost and phasing issues at the July 8 Park Board meeting. For more information, please call Kim McAdams Lenoir at 481-5581 ext. 757. Did You Know 9991999119991999 • • • • • • • • • • • • • • • • Did you know that YOU can assist the Public Works Department in making needed repairs to Southlake streets? If you notice a pothole that needs patching, call Public Works at 481-5581 x741 -- a street crew will make every effort to patch the pothole within two hours of your call! City Council Holds June Retreat An orientation and project briefing session was held on June 25 & 26, 1996 for the City Council. Both sessions were videotaped, with tapes available for checkout through the City Manager's Office. If you are interested in checking out the tapes, please call the City Manager's Office at 481- 5581 ext. 702. Thanks a bunch to all SPIN reps who have worked to make the program a success during the past two years! Note: This report is provided to keep SPIN reps and the neighborhoods up-to-date on the latest news from City Hall. If you have any questions or content suggestions, please contact the City Manager's Office. NEWS CLIPPING 11 Source: r,�C-ws A Tr.`Es I Date: t,, - Za-q L_ I Village Center construction will begin in the near future by Donna Stengle Chamber of Commerce mem- bers and their guests heard the lat- est update on Village Center Monday at the group's monthly luncheon held at the Marriott Solana. Don Silverman of The Midland Group gave some background information about the company which is developing the center on FM 1709 in Southlake and on its other projects in the Metroplex. The Midland Group is one of the largest developers and man- agers of open-air shopping cen- ters in the Midwest. The company owns the vast majority of the cen- ters it has built. Silverman said this means that the firm tends to spend a little more money and pay a little more attention to its projects than a company that only builds to resell. "A good example of this prin- ciple is the long-term relationship The Midland Group has had with The Kroger Company for 15 —OV e' — years," Silverman explained.! "Kroger has looked to Midland as their sole partner througho1_: the nation." Across Ca A i tneri'' , . The Midlan Y. Group has completed 46 .cen in 12 states. In the Metroplex,„ company also bas a center `. south Arlington thatis scheiliil to open in November, as :is Southlake center. Two mor ters—one in Ga'rhi d,and o Frisco —will open in 199. 1998, respectively. All of t�i velopments will be anchored b Kroger stores. The Kroger store in Village Center will be what the company calls a "signature store." The pro -- has been used successful r in Houston and is expected to'al be well -received in Southlac" In this type of store, the layout , is such that a floral department,1 bank, pharmacy and other high- j end consumables are placed at the; front of the store for convenience: (see "Center, "page 4). Center rim, , v mj. I W%eflowl Iold the gro„p that tilt• Ilunte Ikp,l which will alto he a part of the center I% planted It, he tine of file nicest looking once in the I;nncd Statcc. I fe %.lwl he could anticipate other cov councdc %acing" %\c want cou to ha,ld tine pwl like the one in ti,nnhlake •• Ilonc hcpol will be arcutec. nlnily inlcilmicd it, lib file Kroger %tore and the other %mallcr ten- .uu% lit file center, ( on%tructrnn i% %c)cdoled it, begin In about 10 da%c All file bu I'lolp oil the center ,%ill have a light hack facade and a red life roof Miettohalmm arc ,lilt taking place wall potcnnal Wo;IIIl% li,r life remantlng. iliac% ,If life center. l )Ihcr than a co,_ Imo furniture tore and a day <pa, �II%ennao said he was not free to ltouitcantparlwularnaowc Ile ,lid %ay Hadto Shack. a poclal %Iofc and a bagel tore were IN— %Ihle choices. Cil%ennan %a% %ere cuny,h- ntcolar% of re%ulcnI% and cut% .0. tictalc %%hen he %aid. "1 Ihmk the ell% oiSomhlake ha% taken a ten noclllkeul y,proach 10 IIIa%ler pl;mmue I thntk in life long run. the ...nununn writ ha%c yualily dc%clopowm If'% file kuul of yu:thty fh:u ,,e pul of our build. log'. mI% the Midland Group has been miring w,th the city for nearly IS ❑aouhs to bring Village ( ca- ter to Soulhlake. In that little. `II%crntan %.lilt he I'oh city otli. cull% and the council had cx- prcc%cd a %pint of'conpctation :owl a williogness to attract :Ind work will, devclnpers while mill expecting high -quality commer. cial projects. .'Ulbmalcly. Kn,ger %%;I, pmig to come ally wav . l lhCv walllcd lu Ile of Sowhlakc." Sd%rmma .aid. "lloolc I)epol did not h. c to contc to Gnuhlakc. I cmimm• rally, file 'v had come Ivilcr aller- nalives elsewhere. When push came to shovc. the council and the mayor made it clear to I tome I)cpol" pcople Thal tilt% u:uncd them here." At-vordlog to 1�11%clomfl. c„m -twat 1;11 dc%elnto•r% need noI IC aliald to alum.' ll the Xourhlake City ('oonctl. pow idod the% ha%e a yualih• project with long-term ! hcncrrls. f NEWS CLIPPING I Source: t �71 I Date: 628 _, i & 11 `Ietroport 114 Partnership is waiting by Durrna Srendle Husluads of Southlake com- muniry and husitwsJeaders as sell 4private citizens re. turned from char recent trip to \uwn hopeful that the Texas I scr.irrment of Transp nation . 11 _sac lop priority to the e-pansuin of Highway 114. The June Ig trek was a suc- cc.: is far as the Mctroport 1 14 Partnership was con- ccmed. The group made a pre- sentation to commissioners that was praised by everyone who heard it. Those in arten- dance included former House Speaker Gib Lewis and cur. rent State Representative Siancy Moffat. who both ,,,iced support for the project. Lewis represented North- east Texas while sming in the Legislature. He told the com- mission he is aware of the need for improvements to the rind and he is especially con- cerned about the safety of Highway 114 because of an explosion of growth in the area. Transportation commission- crs watched a 10-minute video that the one-half million Tex• ans who live and work along Highway, 114 have on the road. The towns along Iligltwa} 114 make up one of the fast- est ,rowing areas in the :rate During file period between 1990 and 1995. Southlake alone experienced over 1.4 per- cent growth. New home sales in the Dallas. Fort Worth metroplex place the region at number two in the nation. The Highway 114 corridor is unique in the fact that it lies between two major airports. D/FW International Airport being the second busiest in the United States and Alliance being the first industrial air- port. Highway 114 is traveled by 46.000 vehicles per day- 4,000 of those are trucks. The trucks pose an extra hazard because oftheir weight. Many arc hauling gravel or rock from quarries in the wise County town of Bridgeport. In Roanoke. where the high- way narrows to only two lanes. 16.000 vehicles a day narrow two-lane section of ru,id :hat also includex a low underpass. fhe cmzens th:u make up the Mctroport 114 l'artnership realize that impruscments to the enure rnsndway arc years in the making. hut they hope their effort, have convinced the Texas Department of Transportation to begin work on three critical areas. The interchanges of Kim- bell Avenue. Dove Road and the underpass at Highway 377 and Highway 114 in Roanoke are the priority improvements the partnership urged the Texas Department of Trans- portation to take immediate action on. These intersections receive the most traffic and create the most backups. The Metroport 114 Partner- ship presentation in Austin was still bringing praise at Mondays Chamber of Com- merce luncheon held at the Marriott Solana. Don Silverion of Midland Development. the company building Village Center in Southlake, made a point of inOse crcving OOck ,n 5outhicke offer Ate acY-long tr10 ro AV shn fr o to ciscuss tiyi.w„ _ . _.foment .nc!ucec -bflke lease. Phrtin Carron. At Suctez. kosse vcvrus. Ann Martin ono Vcrvm Caak OVE-Z__ us. from page I and enc6uraizingibei triffiR—elHeir -still-hold-Week 6idiis-while- ,NEWS CLIPPING 11 Source: N E� S * tits I Date: �_'28 Hon aboard the Austin bits Photo by Mike Lewi: Highway 114 deve/ooment and improvement drew dozens of community leaders to a day -long trip to Austin to present their desires for faster improvement of the thoroughfore. Pictured are Rodney Smith, Ret Stansbercer, Teresa Rutherford, Ginny Tigue, Rebecca Bocksdale and Jerry Herrin. NEWS CUPPING If Source: I<E2 I Date: �,- 2-T - 9 II Highway 114 group discusses hiring lobbyist Ltx:al govemment and business leaders have made their push it, the .late for Improvement. to SH 114. but they don't plan it, rest on their laurels during the next 'tn• rave tvhhte the Tctlf(" I'rattcportatinn !'nmmiccion " do" hli, w hi thcI , a ntd Io f and the pogc.I .IN'tit -"it) I euple . business Icadet s an,l L .d co,rnunrtn nlh,t.th u.ocicd Ito Aosun ton I ur,.Lo. luny I.S. I„ 1, l,t,c It,r y,ecdy unpl,,,entcnu In SI 111 : "it w,I, IlIc lar_r.l delceauon to et- hrlore Ile ouumssuntrrs ❑t Ihtcc vran." said Keller Chamber of l'nnutN•t:e i\c.III l%e di I L-Clor tin':nt Fold. "I thou{, we Iu.ule our 1%,uu and the ct ntint- raters teal/,- the need." said Fillet ( try Manaect I .ylc I >resh• :\Itit lhnthn,_ was approved I I987. Ice didn't du any nh,fc and nothing happened;' said Jim Truitt. one leaders of the McuopuNl 14 Partnership• which orga- nved the lobbying ellon. "We're nut going it) sit hack and wait this tune.•' According It, a timetable in 1987. when funding to widen Sit 114 was first approved. construction of the highway was to he completed by 1400. Melrulx,rt/l 14 leaders said other projects nudged the SII 114 ptr,ject down de funding list. bh•Uoptnt/I 14 mcnthers met again on'Ihursday, June 'o, io begin wor ing on strategy for the next three nwnths. Transportation commissioners said they plan to make a decision conccming SH 114 in August or September. "We need to keep everyone motivated about the pro- ject." Truitt said. He added that the group may consider hiring former speaker of the Texas House of Represen- tatives Gib Lewis as a lobbyist to keep the project in front of transportation commissioners. Under the current TxDOT plan for the highway, the road will not be fully widened to six lanes plus frontage roads until 2013. Metroport/I 14 leaders believe the road can be built a decade earlier than planned, and outlined a plan to do so before the commissioners. The total cost of reconsuucdng SH 114 is estimated Representative Mary Denny, whose district includes the Denton County portion of Highway 114; former speaker of the Texas House of Representatives Gib Lewis (center), whose district included the Tarrant County portion of Highway 114 when he was a member of the House; and Northwest 1SD trustee Larry Hutto wait outside the hearing room at the Texas Department of Transportation headquarters in Austin for the hearing on the Highway 114 project to begin. at $172 million. Area leaders are concerned that if the highway isn't improved it will choke economic development in com- munities along and surrounding the road. Governmental leaders are also concerned how area cities will handle traffic on race weekends at the Texas Motor Speedway. The speedway is located at the intersection of SH 114 and 1-35W where the highway is only two lanes wide. Area police chiefs met in Keller on Thursday to dis- cuss the impact the speedway will have on traffic during race weekends, and how they can coordinate their efforts to keep traffic running smoothly. Governmental entities supposing SH 114 improve- ments include Keller, Westlake, Roanoke, Trophy Club, Southlake, Colleyville, Grapevine, Irving, and Denton and Wise counties. :IV IIIllllU i•te y y000sea �' x.ekom.-rr �C NEWS CLIPPLtiG n aeveiopment proposed in Southlake City Hall, large corporation may be part of complex Bx MILES MOFFEIT NOl'THLAKE — Dc,cioper, will soon anted pian, to !.:n a ,rnwhng I?" Jcr.-ipc ncsEcJ mac. ;wccn rcxa, :;a and FJr-t R,•aJ 1'119 into a i;',n mtilion ..; .lor- mcni that boasts a lo-o ne,ught ..downtown.' a corpoutc .•dlcc a,mpicx. p0,04%. a new C:ts Hall andmorethan UU,tores. A proposai for the :ract..—ncd hx a joint \enturc headed S% Rialto Dcsclopment. will he tni„rmall\ p rc,cnlcd to Cas Council m.nlbcrs in two it :,,ur wccks.:a1J Brian Stchbin,. ; rc"Jcnt .,I Rialto Dc- ,ciormci! 1 r_ n, •N ❑.,:.c;:! ace: 'JJ,y� Ily. Jrw 'n :,.'line nj Sun. dan.c S,i ii..rc in d„N n:jw, F,,.. Nonh --Hamcail\, %.' want to, •; rcal..t :ra,itu,nai J„wnS,WnI„r:n. ah •,, Southlak,,-' sa1J Sl.hhinr Nhu .cntl) nlo\ed !o Suuihlakc :rom Calltorma Jtrcr dc:cl.• Ire large• scale t+n•xe:, in M,uiio+n _rd 4_,. lraha. among others. "W'c'ae rot Pr,d toning :n place on the itc N hat were coing :hroueh with the :"un.:l now :. concert irrr'nai !or .ntirc :.•I,J.'re, .• cTtaic anal\,t, said ;hc, eharxtenrc the area. hounded he 'sorth Carroll A\cnuc. Texas lli :md Farm Road I Kris, as a sparkling inac,tmcni h.cataw of its highwac JGce,s- flexible zoinne and land- ,,:aping poicnlial. The site is near :wo planned .hopping centers. S--t:thiakc Commons and \ills M.M.n �01-T W I J iro ... Barbed -ire surrounds 130 acres off Texas 114 in`Southlakethat could become a 11 nn r„iBnn a—i.......e.,• .. - _ __.. ! in }{all and a do,ontnwn_ Southlake From Page I (enter. Stchhins said he wants to start construction by early 1997. Stebbins formed Rialto Develop- ment as part of the joint venture. but he declined to disclose terms of the agreement. He said the land site is being studied by it corporation seeking to de%clop a j0n0.0011- syuarc-foot "white-collar" facility. Stchhins is ;also talking with Southlake officials ahoul placing a new City hall there. a move sup- ported by Mayor Rick Stacy. The city has purchased a proposed mu- nicipal complex site along Farm Road 1709 near it future extension of Bvron Nelson Parkway. 'hat area is close to Stchhins' site. "It's been my idea all along (to put the complex there I:at 114 and 1709I." said Stacv. who owns a fur- niture store close to the site on Farm Road 1714. --h would he ideal. I still don't know if it's eco- nomically feasible. though. I'm just now in the loop to delermine that." Stebbins described the pr+ject's centerpiece as a "prototypical city block with a pedestrian -friendly town square and ;in oper, town green" bordered by i-stir% office buildings. Filling out the project would he retail department stores. four to six "sit-down restaurants" in the town square. small- to me- dium -size offices ranging from I.(NX) to IMAM square feet. a the- ater and a sprawling corporate complex for it large corporation, he said. Plans arc to "individualize" the brick -and -stucco corporate com- plex for a single firm. Stebbins said. adding that the location near Dallas/Fort Worth Airport is an ideal fit for a corporate identity. I'he site is in it district created to allow special commercial zoning uses for the Village (enter to the cast. rile Home Depot and Kroger are being constructed by the Mid- land I)cvclopment Co. adjacent to Sicbi+ins' site in what it has dubbed Village ('enter. Stacv said Rialto I)etclopment will need a "downtown ordinance" fur his proposed tolvn square. one that allows exceptions it�r building setbacks and other reslrictiu��S. Councilwoman Dana Muller saki she knows very little about t�e project but is impressed ti.Cit Schwarz has been cnlisted-jas designer. She declined to comet it tin the possibility of nutting tile city's planned municipal compkr there. "I've had nothing cuncrele:lo look at yet." she said. "fart of the concept is ,appealing to me. sioce we've always talked about a nCed to use this area as a downtown. fir I Schw:arzl is one of the lop arciii- tects in the connary " Councilman (hary Fawks said tfn idea complements input that resi- dents have given city official and leaders of the Southlake Program for the Improvement of Neighbor- hoods on what they want to sec ii- development. "We're in a unique and enviable posil ion here." Fawks said. "We've got no downtown but a lot of space. ''his is a good starting point for a place you can get out and walk to. These are the views many of the cit- izens have held forth in town meet- ings about how a future downtown should look." ; Stchhins said he has had prelimi- nary discussions with council mcm- hers during the past few months. He said he has not requested city assistance for infrastructure int- provcments. the development will require additional roads. Sewer service and drainage should be ad- equately handled by existing sys- tems along Farm Road 1709. the developer said. Stebbins developed Overton Park Plaza in southwest Tarratil County. Cooper Street Plaza in Ar- lington. the Willow Brook "neigh- borhood power center" project iq Houston and a 140-acre master: planned dcyclopmcnt in Sydney. Australia. called Australia Center.: He recently moved to Southlake from California after entering'& land partnership with the Frechl'Ji and Petcrka families. both of whohi have owned properly along TexaF 114 for decades. Stebbins' plan marks one of the biggest developments proposed fof Southlake outside of the Solana business center. which is largely In Westlake. Still. he said he does6:4 expect opposition. "I think it's going to he more ofa process of education. and I dona mean that in a condcscendidg way." Stebbins said. ,N'E`VS CLIPPING �ISource: C�'iZ�P���� v r ���.�.: Date: +..c-Z"i Drill tests emergency response EDITOR'S NOTE: How many times have we heard the advi- sory, "This is just a drill" over the years? Another drill was held Tuesday, to help the area pre- pare for an actual disaster. Hopefully, the lessons learned will never have to be put to use — but one never knows. By Teri Bishop Staff Writer Tuesday, July 25. 5 a.m. A FinA gas tanker truck driver smells gas fumes and notices all the vehicles on Ira E. Woods Avenue near the Southlake gas terminal are stopped. The driver reports his obser- vances to Terminal Manager Joey Baxley, who immediately calls in the Southlake Depart- ment of Public Safety to coordi- nate containment operations to hold back diesel flowing from a leaking tank. That was scenario Tuesday during a disaster drill coordi- nated by the Fina Oil & Chemi- cal Company and area cities to See DRILU2A — C"; t R. -- !replaced Peoplecannot" 30 a.m. DamrnIng cTors ri" at the '3011.h.a R': :!'e aath :rr u.:h Southlae, cr. th, "k's are :o ul, and the diesel 10+s nstream. Infiltrating the ity River and causing much : concern. ,re than 3 2 million gallons , been propelled by the fast- ing creek into the river THE Iedernl government ireatening to come in and over the clean-up opera - if the local teams do not get %der control a threat offederal interces- prompts Fina to hire three i chemical clean-up compa- to start building concrete steel dams to contain the :aminated river water be - it gets too far downstream. gill im/l A They bring in tons of heavy machinery and. with the ap- proval of the EPA. the Texas Natural Resource Commission and the Trinity Raver Author- ity. they begin to make prog- ress Noon to 3-00 p.m. Drversioo- , booming," a specific kind of dam used to contain gasoline and oil spills. is stretched in six floating dams, about 100 yards apart, across the Trtnity River to catch the diesel fuel. "'1'Itey are kind of like great big floating rolls of paper towels that soak up the fuel but not the water,' Palmer said. 3:30 pm. The booms work. The spill is contained, and the federal threat is lifted. We did everything we could to keep this from being a federal situation, and, in this case, it worked out, even though we had a lot to deal with, considering the five inches of rain that sent p prepare for a real emer- icy at the Southlake tanker rage facility. Dnce the mock disaster was up, the simulated action gan all over the area. 5:3o am. Diesel is flowing tadily from the leaking tank a Big Bear Creek. which flows side the huge gasoline stor- e facility and into several 'arby neighborhoods. Southlake officials call in the ortheast Tarrant County and >rt Worth Hazardous Materi- s Recovery Teams to begin king and damming up the creek , try to stop the flow of more an 65,000 gallons that escaped %e leaking tank. But the teams are unable to sntain the spill within Fina We try to make this as real c s possible, so LVe u,'ill be ready if. God forbid. anything like this ec,?r really does happen here.' Robert Finn, Southlake DPS Public Information Officer water pouring down into the Tnruty," Palmer said. By 5 p.m., the council cham- bers are cleared out and the disaster team is disbanded. The disaster has been con. tained. was the first "high-level" drill they have simulated in many years and it included lots of contingencies and situatoa that were thrown in the mix to make the drill more realistic. al drill "WE TRY to make [his as re as possible, so we will be ready Just a if. God forbid, anything like this ever really does happen here." Fina and area cities conduct said Southlake DPS Public In - disaster drills at least once a formation Officer Robert Finn. year, but this one was special. It Palmer agreed, adding that -earn members gather around the disaster dill meeturg table t', .liscuss their options during a simulated diesel spill exercise .-iesday morning at Southlake City HalL Ftna Oil & Chemical ',ompany tuorked closely with the city and other agencies to ,00rdmcue the drill to be cis close to reality as possible. Chemical company's property, scent into the raging waters of and the diesel starts a fast de- Big Bear Creek, which are up the dnil help. u'iem identify areas that need to be unproved and it gives the doasster yams a chance to practice their moves. 'Eyen though, this :s lust a drll. we've all b.,•n :tt g rea y into :t The adrenaline stars pumpin„ and you ha•:e to re- mind vourseif that :t :sn t real He hesi'aud. then added. jokingly. -It :sdt real. is it' ALL BIDDV4G aside, he said. the diverse disaster teams learned a lot from the dnil. 'We learned that it is difficult to say ahead of a fast-moving creek. We learned how to work with Southlake's and other cit- ies' officials. which is very im- portant. Aid, we learned that we need to make sure everyone knows who to call for what and when and how' Palmer said Wednesday, after Fine and city officials reviewed the disaster team's performance. One thing's for sure, he said. The company will be sure to above normal because there was five inches of rain the night before. 'The creek was running so fast because of the rain that the temoor an, dams we set up didn't wurk.' said Fina public affairs coordinator '.lark Palmer. 6 a.m. The disaster team calls for an evacuation of all resi- dents who live within 500 feet of the creek. The Red Cross and GRACE, the local relief organi- zation, already has volunteers on the scene to help with the evacuation and'relocation. By now, the disaster team has grown so large that it occupies the City Council Chambers and a large private meeting room at Southlake City Hall that have both been wired to the max with telephone lines and computers. Each division of the team has its own area set up. Representa- tives from the federal Environ- mental Protection Agency are there, with places for team members from logistics. finance, operations, public affairs, the legal department and incident command are set up in the half - circle of seats usually reserved for council members. 9:30 a.m. Evacuation of resi. dents in the Creekwood. Stone. crest. Greenbriar, Western Oaks, Bnamood, Shady Creek and West Port areas is complete. The residents are taken to the Grape- vine Convention Center and other area safe houses until the danger is passed. 9:45 a.m. A senior citizen calls the Southlake DPS in frustra- tion. He does not have a car and cannot get out of his home alone. Officers are sent to pick him up and take him to one of the evacu- ation centers. 10 a.m. Fina officials are busy writing press releases as the heads of each department and the EPA meet during one of the have enough people tin ha a real disaster of this tyPe '- take care of the evacuated re dents There were no hotel r or^_ available nearby that night. they had io come up w-:th ' alternati,e plan fr. ho,;F:n., pcnpie in ca.,e -he Apt'—' . contained before n:zntfa 1 'We wzIl :nave to tn_ k t '- where to put them ane no - compensate them.' he said. Fina officials said they do n plan another high-level drill' .quite some rime; but the Soul lake Fin Department nsP— the facility at least three times year. and they hold able-r dnlls once a year SLICE Tiff facthty oPen- Palmer noted, nothing like tr simulated disaster has ev. happened. 'We are extremely proud the facility here. They go ab,r and beyond the regulations alarms, containment, pipeim and safety measures." day's many brainstorming ses- sions. Just as the meeting begin: Palmer gets a call from Baylc Medical Center at Grapevine. : man working for one of t *111 contractors that is helping t contain the spill took a'nast:- fall and was brought in for treat went. "Fina will pay for it.- Palmc told the officials on the othc end of the phone. 11 am. The official word fro: Fina to the general public is ou They do not yet know why t` tank failed, but the diesel sp caused a "major saturation fumes and vapors. To minimize danger to peop we choose to evacuate until know there is no danger," Pal -- said, adding that 'the safety lives comes first and saving t property comes second. Thin See DRIUJ' NEWS CLIPPING LSource: G rzA r a" NE S,�� I Date: b- Z-7 - 9 6 II Carroll ISD. A trustees meet- = r The Carroll ISD Board will meet today at 5 p.m. at Durham Elementary and Intermediate. School, 801 Shady Oaks Dr. Southlake. The board will administer the oath of office to the newly -elected ' board members and wiI-- ` sider several personnel mendations including n an assistant principal aham Elementary and an itional assistant at Carrmentary School. At 7:30 p.m., the trustees" 1 Jt�; recess for dinner before'Jo ^� ." the Southlake City Council, meeting at 8 p.m. Joint utilization issues co - cerning the Durham gym ank ! recreation complex will be dis- " cussed. The Carroll ISD Growth Management Plan will also be A discussed which includes erii oll- ment projections, building needs and an upcoming bond issue, '71 reunion to be held ;. ! •a�E A class reunion for the 1971 Carroll High School graduati" class is now being planned.:; Contact Jan Thompson A$- derson for more information; ai (214) 641-0604 or (817) 640-2376 Source: r-p12'T �n o2Zli NEWS CLIPPhiG <o..:r •..•e�.r,. r::.­m )E\.ENWALKER Symr�a:4 Qar•Tetryr� IL NWALXEa ake practiced reacting to a massive fuel spill disaster yesterday. At City Hall. Danny Kite. the inci- what if ooe of these massive fuel tanks in Southlake began leaking millions of gallons of diesel oil' That was Immander. updates the disaster response team on the status of eleanup efforts. the scenario when the Fina Oil Co. set off an emergency drill yesterday morning. lock fuel spill disaster helps Southlake for real thin prepare g DOy1hQo R.%%I IREZ 3R. I HLAKE — Guy Gregg .akcncd by a telephone call lay morning that fueled his (cars — a disaster at the wth fuel tank facility on zinc Highway. Inin, had ruptured one of :e tanks. causing thousands ins of diesel to spill down and into Bear Creek. Tor - rams had swelled the crock. fuel wa, headed to the River. were being told that any I Date: ;ime we ; u: 1 mike up. it •.va, :aihnt to ;too the •pill." said Gre__.:Lrec- tor of ptdice :cr,iccs tur the South. lake Department of Public Safety. But Gregg and other local o1= ticials were also being told :hat it was just a drill — one of several that Fina Oil Co. officials conduct each ,year at their facilities through. out the country. .. We hold tabletop disaster :xer- ciscy, as well as those we term a Level '. where we use equipment.' said dark Palmer. a Fina :p.,ke.- man it the scene. -Then we have one like this where we set up a um. mand xnter and make calls to agencies about an emergency. we want to so .ure •v -% contacting the right pconlc to an emergencyy like this." The practice catastrophe began at t a.m. ecsterday with a make. belicve lightning strike an one of Fina's mammoth fuel tanks in the alit! block of Grapevine Highway. the factlity is across from Inc High School and Junior High. Diamond ihamrock and Conoco are the other )%%r; of the tanks that can hold ate!,,c0 gallons of ;et fuel and Yawline. As tart of the drill. minor inlu- rics -Acre reported. But the major tucus of emergency crews. along with several l,xal and federal agen- cies. was .eorpmg a million gallons of diesel fuel tram entering the fr;rit% River. about !'- miles south of the facility. Pretend evacuations of neighbor. hoods. alerts to cities and emer- gcney disaster agencies, and cun- tainment procedures highlighted the daylong drill. ' "During the exercise. we were given different problems that went along with the spill."' said Robert Finn. a Southlakc Department of Public Safety spokesman. "For in. stance. we had a farmer call to tell :s that his cattle had diesel all over them and what -as he to do about that. We also had to call [a stand-in fort Ben Hogan and tell him to can- cel his golf tournament in Euless because Bcar Creek ran alongside the golf course and we didn't want pcuplc to be exposed." For most the day. the Southlake council chamber was transformed into a command center littered with :elcphone lines and :aptop comput- ers for the exercise. daps lay on ta- bles. Cellular telephones were within arms reach evervwhere. Palmer estimated that cleanup of such a large-scale spill would take about three weeks. But the Fina official quickly noted that no major accident had been reported at the facility since the company began operating the tanks in July 1984. Through the ycurs. city officials have applauded the efforts of the multinational ad companies for their safety features. That vote of confidence was heard after a Sept.:. 1993. explo. sion ripped through a privately. owned ethanol facility housing 12 tanks near the larger oil company tanks. "'If such an accident had hap- pened. we're confident that dikes around the tanks would have been able to do the job.- Palmer said.'rt� we weren't able to stop it there, w [; would have stopped it just dowp the road. It would have never got ten as far as it did in our exercise. but we wanted a worse -case see nario." For Gregg, the drill helped to fine-tune the city's disaster enter. gency procedures. "When we got the first call, we paged every city worker for im- mediate help." Gregg said. -Look- ing back, we should have told po- lice officers to arrive in uniform. because if they had been in charge of evacuations. residents may tat„ have taken orders from someone in blue jeans and a T-shirt." NEWS CLIPPING Source: Fo��r c,Zc � ���z�z c►�,�� I Date: l,— Zc. - 9j. Options are open In response to the May 23 letter about Jim Henson of Carroll Intermediate School and the state of Texas in general, I would like to enlight- en David Zubrzycki in a few areas. I have worked for Henson for two years. Henson not only "believes in and stresses acad- emics first," but he also cares more about chil- dren than any other principal I know! Besides stressing math, science, writing and social studies, Henson also stresses more impor- tant things like responsibility, integrity, honesty and trustworthiness — things that our entire nation (including the Northern states) lacks! Henson's taking a position in the Coppell school district is definitely their gain and our loss! Speaking as a teacher in the Carroll district and in Texas, I don't `pride myself on having straight -A students." I pride myself on having the privilege of helping teach my students to be responsible for their work and their actions and to believe in themselves! I am not obsessed with teaching the TAAS test, nor are a tremendous number of my co-workers. Mr. Zubrzycki, if you want your children to have a "Northerner" as a principal, or if you have a problem with the Texas education sys- tem, the TARS test or the state of Texas, you have six choices: United, American, Delta, USAir, TWA or Continental. KIMBERLI BRACI<ETT KeUer NEWS CLIPPING Source: NEws * it NNZs Date: (c-Z) - Chamber seeks to assist endeavors of local clubs News and Times It is the time of the year again for the Southlake Chamber of Commerce to select a beneficiary for the eighth annual Southlake Stake -Out. If you are involved in a local group or organization seeking funds, please write to the South - lake Chamber of Commerce at P.O. Box 92668, Southlake, Texas 76092. Please give an explanation of your organization and how you plan to use these funds if your group is selected. For more information, contact the Chamber at 481-8200. Learn a new language with Sister Cities class News and Times Next Thursday, Southlake Sis- ter Cities will continue its begin- ner and intermediate Japanese classes which are being offered to the public. Both courses will be held in The Lodge at Bicentennial Park —be - meet from 6:30 to 7:30 — 0"/E2 — p.m., followed by the intermedi- ate level from 8 to 9 p.m. The course fee is $20 and will be handled by the instructor. Classes will be held on June 20, June 27 and July 3. To register or for more infor- mation, call Laura Samartin at 481-1285. Developer will address local business assembly News and Times 'Don Silverman of Midland Please join together for the Southlake Chamber of Com- merce's monthly luncheon on Monday, June 24, at the Marriott Solana at 11:30 a.m. June's luncheon speaker will be Group. 'die. will discuss Home Depot and, Kroger, which are ex- pected to.open in the city in the future. Contact the Chamber at -481- 8200 to make reservations. It's all aboard for a trip to the Lone Star capitol News and Times The Southlake Chamber of Commerce is offering a free bus ride to Austin to show support for the Metroport 114 Partnership, which will encourage the Texas Department of Transportation to speed up improvements on High- way 114. Currently, the expansion'of Highway 114 into a major six -lane highway is not set to begin until the year 2013. Citizens interested in making the June 18 trip to Aus- tin may contact the Southlake Chamber of Commerce at 481- 8200 to reserve a bus seat. NEWS CLIPPING Source: Sou��+I Date: io-Z► Chamber's Vital Link Program Growing by Terry Fox The Southlake Chamber of Commerce, in conjunction with area businesses, completed another year in the Vital Link program re- cently. The number of participants rose this year, both in business par- ticipation and student participa- tion. The program, designed to ex- pose young students to various work environments, is supported by area businesses and gives students an opportunity for some hands on experience in travel, banking, ani- mal care, journalism, and other types of business. This year, according to the Chamber's Executive Director Sandra Baber, the demand for stu- dents exceeded the supply; Twenty- one businesses signed up for the Vital Link program with requests for a total of 32 students - only 18 students signed up for the program. The number is growing, how- ever, up from last year with 16 stu- deft, part' iparrts. Seve> participants were return volunteers, says'Katrina Bane, of- fice manager at Animal Healthcare Clinic in Southlake. The clinic has participated regularly in the VitalLink program, and this year had 4 students volunteer. "We work a lot with the high school," Bane said, adding that of those, one or two Vital Link stu- dents had volunteered last year as well. The students, Bane explained, are able to observe office exams and surgery, and to assist in other ar- eas of the veterinary clinic. Other businesses that partici- pated or exp- essed interest in the Vital Link program. were Gardner Travel, Texas National Bank, Southlake Journal, Burrus Super- market, Magic Mike's Texaco, Fort Worth Star Telegram Northeast, Southlake Family Medicine, Maguire Thomas Partners, and others. NEWS CLIPPING Source: NEojs -r , ,es 1 Date: Newcomers SMYLE at Durham by Donna Stengle New kids moving to Southlake can feel more at case and famil- iar with their surroundings thanks to the efforts of one Durham El- ementary School class. Recently, one of Laura Clow's fourth -grade Quest classes pre- sented an information brochure, which they wrote and designed, to Kosse Maykas, president of the Southlake Chamber of Com- merce. The brochure, called "A Kid's Eye View" of Southlake, Texas, includes the town's his- tory, information about schools. parks, sports, area attractions and restaurants. The brochure was just one of the activities the class completed while participating in Future Problem Solvers, an international organization designed to teach students higher level thinking skills. The class entered the men- tal health division of the state - (see "SMYLE, "page 2) OvCTL— Gc c leich and ryier Hcrnoron. murr,pwr,, uwra we,cn unc warmew Hurcreson SMYLE from page 1 wide competition and won first place competing against I 1 other teams across Texas. The students called their group SMYLE (Southlake Makes Your Life Exciting). It included Anna BuAbbud, Nicole Bucheri, Tyler Hampton, Cayce Horner, Matt Hutcheson, Marissa Mahon, Kirk McNamara, Nicholas Stefanko and David Welch. Clow led the class using the six - step problem solving process she had teamed at a three and a half day seminar last summer in Aus- tin. After hearing they might also have a chance to go to Austin if they participated, the students were eager to get started. "They were very excited about going to Austin," Clow said. "The trip was the driving force." In January, the students began to brainstorm about what commu- nity problem they would choose to Sol,. e..-\fter evaluating several ideas, they decided to enter the mental health category of the con- test and try to help new students feel more comfortable at school and in the community. Before taking action, the stu- dents did more brainstorming to find solutions to problems new students might face. Then they evaluated their solutions to find the ones which they thought they could accomplish. "The students weren't certain they could produce the brochure in the beginning even though they thought it was a good idea." Clow said. The next step was to implement their solutions. Thev began by putting together packets for the new students at Durham. In- cluded in the packets were cou- pons for free gifts, food and ser- vices the students had solicited from local businesses. The kids did all the work involved in ob- taining the coupons. Also in- cluded in the packets were cou- pons the new students could re- deem at school. The school coupons helped the new students become more famil- iar with the building and other teachers. The SNIYLE group also took Pictures of each new student at Durham and placed the pictures on a map with strings running from each picture to the place where the student had moved rrom. 'rTITr new students feet we c nd helped other students and teach- ers Set to know them better. From January to May. the class helped welcome 16 new students to Durham. When it came time to work on the welcome brochure, each S%IYLE member researched, wrote and took pictures of some- thing interesting about Southlake to include in it. The students then typed and saved on computer discs the in- formation they had gathered. Tom Foreman, a graphic artist, owner of Foreman and Resnick Advertising in Keller and hus- band of Durham teacher Betty Foreman, scanned the students' pictures and typed information and' then put them together on film. The project was then ready for printing. Carrick Press Printing Com- pany in Southlake donated its ser- vices and printed 1,200 copies for the Chamber of Commerce to dis- tribute to new families moving to Southlake. When the brochure was com- plete, the students made a scrap- book of all their efforts and sent it to Austin for display in the state competition. In addition to winning first place in the mental health cat- egory, the group came in second in the overall competition. There were over 200 entrants from all over the state. Everyone who participated in the Community Problem Solvers competition was enthusiastic about it, including students, teachers, parents and Durham Principal Mark Terry, who said he would like to implement the pro- gram in all Quest classes next year. NEWS CLIPPItiG t,ity c:ouncu proclaims trip a success by Donna Stengle Southlake Mayor Rick Stacy and City Council members re- ceived plenty of praise Tuesday night for their parts in the Metro - port 114 presentation made in Austin that same day. "We had a wonderful trip," Stacy said at Tuesday's regular City Council meeting. "It was an emotional and professional pre- sentation. TxDot (Texas Depart- ment of Transportation) showed a sense of humor and concern." Council members echoed his enthusiasm and expressed many positive comments about how the group was received by state com- — flvElz- — missioners. Councilwoman Pam Muller and Mayor Stacy ac- knowledged the important part former Councilwoman Sally Hall played in involving area children in the project. Hall asked South - lake school children to let state commissioners know how impor- tant the Highway 114 expansion project is and how it affects them. Stacy said that the pictures sent to Austin by the children had a powerful impact. One little girl's picture in particular seemed to move the commissioners. The girl had drawn a picture of the high- way with automobile wrecks. along it and dead animals that had been hit by speeding cars and trucks. In the comer of the pic- ture she had drawn herself cry- ing. "It was a spiritual experience," Hall exclaimed. "One of the fin- est hours I've ever spent." Refer- ring to the highway's priority rat- ing she went on to say, "I person- ally think we went from 148 to 1. It came from the heart and the comments were extremely posi- tive. I am confident that we will start to see some action on this issue." A short video produced by Texas Electric was at the heart of (see "Council, "page 3) Photo by Donna Stengle Council from page 1 the 20-minute presentation to commissioners. It was very well received and praised by the group. "It was an inspiration," noted Councilman Scott Martin. Councilman David Harris re- minded the group that today was only the beginning and urged citi- zens to get involved in the effort. "It's a marathon. Today was the first step," he said. In other business, the Council approved a site plan for Southlake Oaks, a retail/light office devel- opment planned for the northeast corner of Shady Oaks Drive and East Southlake Boulevard (FM 1709). The site, which is located just south of land owned by the city for future expansion of Bicenten- nial Park, will house professional offices, retail shops and restau- rants. No specific tenants were mentioned. fhe Council also gave the go- ahead to the Department of Pub- lic Works to authorize testing to determine if slurry --a combina- tion of cement, water and fly ash (a by-product of burning coal} -- grouting can keep streets in the Timarron neighborhood from fur- ther deterioration. Approximately 1.6 miles of streets are affected in the subdivision. The four and a half year old streets are caving in around sewer lines which run down the center of the roads. The particular type of soil in this area combined with the design of the streets and heavy construction traffic are to blame for the problem, officials stated. A recent study using ultrasound radar showed areas of significant voids under the pavement where the soil had shifted. The city now plans an experi- mental test in which holes will be drilled in the pavement about ev- ery 10 feet and then filled with slurry. The slurry, it is hoped, will stabilize the concrete streets and thus eliminate complete recon- struction. Douglas Deno, senior consult- ant and branch manager for WJE Engineering Company, said this will be the first time he has known of this test being done. He estimated the process would take approximately one to two weeks and cost the city about $10,000. Stacy expressed concern about the expenditure of city funds for a procedure which had never been attempted before. He was also concerned about the disruption it would cause to the neighborhood. SPIN 16 representative Laura Miklosko indicated that Timarron residents she has spoken with are in favor of the testing if it will result in their neighborhood streets being repaired. Newer roads in the subdivi- sion —those built in the last year and a half --have been designed with the sewer lines running on the sides of the roads rather than down the middle and have not had the same problems. YEWS CLIPPING IISource: SoH-�„>`y tiE J0"tz ,P,,_ I Date: io-71 - 51. II Hwy 114 Delegation Well -Received In Austin by Terry Fox The Metroport 114 Partnership returned from Austin Tuesday with the best news they could hope to expect - their meeting with the Texas Department of Transporta- tion Commission JXDOT) was •.2II-received. according to former Mayor Gary Fickes. Fickes, one of the founders of the partnership, felt that the group stated their case effectively, and reported the Commission Chair- man to have commented that the 114 project meets all the criteria for possible funding in 1998. August, however, is the earliest that the group will hear from the commis. sion regarding any decision to put SH111 expansion on the top of their list, Southlak: Chamber of Com- mercc President Kosse Nlavkus commented, 'It was a super pre- writauon." He said that a video, produced by TU Electric and pre- sented to the TX DOT Commission, was effective in illustrating the im- mediate need for the highway's ex- pansion. Nlaykus added that the participation of Southlake children, through drawings and letters pre- sented to the commission, seemed to grcady impact the commission- ers, as well. Commissioner Ann wnn, indicating one child's draw- ing, asserted, "When the kids know something's wrong, something is wrong." Nearly 250 people travelled to Austin to show support of the project, including City Manager Curtis Hawk and representatives from Southlake Chamber of Com- merce, the Cities of Grapevine, Colleyville, Roanoke, Keller, and others in the HEB area, DFW Air- port, Alliance and the Texas Mo- tor Speedway, Denton, Tarrant, and Wise Counties, and other groups representing businesses and citi- zens; it was the largest contingency in 3 4 years to appear before TX DOT, Commissioner Laney was reported to have said. Funding for the 11.4 partnership - to cover travel costs and nromo- tion - was received mainly through it; members, and totalled about The City of Suuthlake, who previuusty approached TXDOT with a commitment of Slmitliun tow Vidthe Ili cxpan- iion project oncEcons truction be- gins. put 520,000 to.vard the partnership. Expansion of ill is projected to cost 5150-200million, and for the area affecting Southlake will in- clude frontage roads and inter- changes to aid in the safe flow of traffic from the major roads in Southlake to the north and south of the highway. PRO NEWS CLIPPING Source: C�zp.PC�,�� Date: 1_-2-c TxDOT listens to area 114 plea By John Hicks Staff Writer Austin — It will be at least August before members of the Metroport 114 Partnership find out whether or not their 200- mile trip to Austin on Tuesday will help put Texas 114 improve- ments on the fast track. Texas Department of Trans- portation officials indicated they understood the necessity of the projects, as well as its potential impact on economic develop- ment, but they said it must be weighed with other statewide construction plans. TxDOT commissioners' re- sponse came after about 250 officials and residents from the eight Metroport cities, as well as surrounding communities and adjoining counties, packed the officials' meeting room for a 20- minute presentation on the need for the highway improvements. Speaking before TxDOT, Gary Fickes, former Southlake mayor, requested that three projects be placed on the department's list of top projects for the 1997-98 fiscal year: interchanges at Kimball Avenue and Dove Road in Southlake and an enlarged bypass in Roanoke. Kimball is considered the larg- est traffic bottleneck in the city. The Dove intersection was the site of a fatal automobile acci- dent in December 1994, and Roanoke's 114 portion is only two lanes wide with a 20-foot- See HIGHWAYMA Area ofciaLs and residents are lobbying for improvements to Texas 114 to ease traffic congestion along the highway. 'ghway Vl A railroad underpass, despite traffic volumes of 16.000 avid Laney, TxDOT Com- ion Chairman, said the ity of a highway expansion act is determined by Five rrs: convenience, mobility. y, economic opportunity and omit development. lere are few projects in the that hit directly on all points 14 does," he said. 'There are other projects nd the state that are of iendous importance to the munities,' he said. "But t think any of them have as h impact on as much a ilation as does 114." aadded,though,thatfund- For the project is uncertain. , he said, other projects slated he 1996-97 fiscal year may ,and more attention. iney said the department's evaluation session would be held until august. lut officials are very confi- t, especially with the turn- Fickes added when he came ire TxDOT in September, he accompanied by'20 city offi- s and residents. 'It will be difficult for the hway Commission to not m to us," he smiled before presentation. "We're repre- ting 500- to 600,000 people. I ik well get their attention." addition, cities such as Irving Hurst -Euless -Bedford have ,ed in the er%rt. as have iton and Wise Counties. leyville Mayor and Partner - Thursday, June 20, 1996o The Grapevine Suni_^ About 250 officials and residents from area cities packed the room Tuesday to lobby for improvements to Texas 114 is rexas Department of Transportation Commissioners hearing Northeast Tarrant County. !;hip Chairman Ed Baker added that Lubbock officials have expressed interest in joining the effort. "It's the most astonishing thing I've ever been involved in," he said. Even more so was the prepa- ration for the event. Petition and letter -writing drives were organized, businesses made contributions and children from Highland Meadows Montessori drew pictures giving their im- ages of 114 to be given to the commission. Business entities are also concerned. Richard Kuhlman of Maguire Thomas Partners said the expansion is needed for fu- ture additions to the IBM Solana Complex. "We want to continue to at- tract the best businesses and companies to Texas," Kuhlman said. JI urge you to join us in Finishing what we started 10 years ago." Joining the 114 contingent was Gib Lewis, former Speaker of the Texas House. "You see here today a collec- tion of community leaders doing what is right for their comma nity and for the state of Texas. Lewis stated. Metroport 114 Partnershi officials also said the mission get 114 improvements has on. started and will last as long as takes for the entire stretc through Northeast Tarrar County to become a whole fret way. Source: DAt.,.S \�czf.j►ry NEWS CLIPPItiG KE1J Jroup seeks aid for Highway v Laurie Wilson ts, t ans - *=4 ACSTIN — In one of the largest owings before the Texas Trans rtauon Commission in recent ars, northeast Tarraat County idert and residents lobbied Tues- y for : in provements to :heir •vt- link" — State Highway 114. The delegation of about :50 — iny of whom traveled :n a bus nvoy to the state capital — told mmisston members that -idea• r the stretch of highway from apevine to Roanoke is essential the area's continmag economic awth. The proposed expansion aject would cost about 5200 mil - 'We're Sere to help. and •we're re to ask for your help.' said Col• 'Ville Mayor Ed Baker. who led e Metroporr 114 partnership. itch included mayors and council ambers from eight cities along i highway corridor. "We don't have all of the am- en. but we ask you to help us mplete a project that we started years ago." he said. "This is our Date: 6-i 9 -9L- H Wednesday, June 19, 1996 chr]a�lasitarnmgyrws 19 114 HIGHWAY 114 OVERCROWDING Hcwn� Tarrant residents travel to Austin tho`ough fast through County :her area ! ers cited the 2S.000 ;ohs that have to lobby for money, improvements been created in the area since 1990. version.:ad:es and gentleman. of Central Expressway." A sim:la: smaller contingent ap• pealed for money to widen the high. way :n 1996. when the project was approved for funding. But stiff com- petition for highway money has kept the project tdle. Now, area leaders said, the high- way has become strangled by traffic generated by the SSO.000 people who live :n the Highway 114 corridor. Civic leaders fear that the high- way s overcrowding will become a detriment to luring new businesses. On average. 46.000 ,ehicles per day tra•.el the area, which encom. passes Roanoke. Trophy Club. West- lake. Colleyville, Southlake, Grape• vine and Keller. The fastest -growing cities are the latter three. Since 1990, about SS billion in development has occurred along About 10.000 homes have teen hunt the corridor. The three cities' popu- :n the past few years. area officials 111 lations have ;ro-n at an average said rate of S.? percent since 1990, com- .'We must be able to maintain � pared to a 1.9 percent growth rate our mobility to maintain our throughout the rest of the Dallas. growth." Mr Fickes said. Fort Worth arec according to area Former Texas House Speaker Gib ; economists. Lewis, whose district included ..What was once an asset to the northeast Tarrant County. said the ` community is now viewed as a ma- highway project has been ignored ; jor concern." said former Southlake for too long. Mayor Gary Fickes, who traveled to 'This is not the safest place to Austin for this week's presentation. drive early in the morning or :it the "This area drives the economic he said. "You have here today today a collection of community engine for Texas and helps the state leaders -who are committed to doing compete :a the global mar let.-' he .what's right. This is a critical area said. !hat really needs some help." The highway serves as a link be• The audience, which filled the tweea DFW International Airport chamber hall and an overflow and Alliance airport in north Fort room. wore buttons and hats saying. Worth and is also a key route for "Let's finish what we started. - companies to transport goods Commission Chairman David La. throughout northern Tarrant Coun- ney applauded the group's "enor• ry- mous effort." and said the "presen- And it is the only major east -west tation couldn't .have been more 91 : over capacity ' —L i -ram �sa •: .`. -- RLNHCt� • ranawrrm GrOa''"1e. 1 QLB i- '-.+ 1 60% overcapacity ,r' OMLLER ar, SOUTH rgty LAxE WORTH s forceful. - "We try to focus on issues of convenience, mobility, safety and economic development." he said. 'There are few projects in the state that hit on all points as State High. way 114 does. "What concerns me the most is the fact that ... (wel can see some choking out of enormous economic development." Members of the Metroport group asked the commission to coacen. trate highway spending first on ah :�. noao Yrwr.re. area in Roanoke. where the h: way marrows to one lane in e. direction, and two pivotal inter tions in Southlake. Mr. Laney said the commit will lank highway projects for next several vears this summer said he was impressed by group's proposal but couldn't pr, ise that the project will get moc On average, only about 40 cent of state -approved highway p jects get money every year. s. transportation officials said. NEWS CLIPPING Source: G-ZAvcvir,SE Su,( 114 brings growth, By John Hicks Staff Writer The sentiment has been raised by various people in- volved with the Metroport 114 Partnership, in terms of the impact of Texas 114 through Northeast Tarrant County. "Economic development has been the driver of the commu- nity, and now it is what is strangling it." That is spurring the Metro - port 114 Partnership's trip Tuesday to Austin for the Texas Department of Transportation hearing. The four -bus convoy will leave Carroll High School at 5:30 a.m. that day for a 20- minute session starting at 11 a.m. "We're going to make a 20- AUSTIN Le 2 DAYS 6 _] minute presentation and we're spending $70,000," said Col- leyville Mayor Ed Baker, who chairs the partnership, refer- ring to the amount budgeted for the journey. So far, about $58,000 has been raised. The effort is being done to put the 114 project back on Priority I status with TxDOT. It was originally placed there in 1987 after lobbying, but was removed during the most recent listing of projects. Said former Southlake Mayor Gary Fickes, "Our needs are Highway From/1 A the larger support base, is they will be talking to the same TxDOT commissioners Southlake officials addressed in September of last year — the first trip since the 114 plan was downgraded. Southlake appears to have the largest stake in the plan, mainly because of the growth it has sustained. According to a study re- leased by the University of North Texas Center for Eco- nomic Development, the city's Date: l0-1 woes tenfold of what they were in 1987." Spurring the rise in activ- ity on the rodd is its location between two major industrial hubs, Dallas/Fort Worth In- ternational Airport and Alli- ance Airport, has made 114 the transportation artery'of the corridor. D/FW Airport is the second busiest airport in the number of flights, and third highest in number of passengers. Alliance has established it- self as a chief distribution center, and is set to be the home of a regional Federal Express hub next year. Fickes added one advan- tage of the trip, aside from See HIGHWAY/6A population has jumped from 7,082 in 1990 to the latest 1996 figure of 14,950 — a rise of 18.5 percent per year over the past six years. The eight Metrgport cities together — Grapevine, Col- leyville, Southlake, Westlake, Trophy Club, Roanoke, Keller and Haslet — recorded a com- bined 5.7 percent yearly jump in the same period, and the entire Metroplex saw a 1.8 percent figure. Colleyville's rate since 1990 is 5.3 percent, and Grape- vine's was listed at 2.6. NEWS CLIPPING Source: Su I . - I -�1 �I Date: Rockenbaugh Elementary Unveiled Rockenbaugh Elementary, as seen here in a concept plan by VLK Architects, is scheduled for construction this fall, to be ready for the 1997.1998 school year. The school is designed with an initial capacity of 650 students and faculty. The school, part of the 1994 Bond package totalling $33million, was named for Robert H. Rockenbaugh, a former school board president. The name was chosen by a committee after they received submissions for the naming of Durham Elementary; a close vote between Don T. Durham and Robert H. Rockenbaugh prompted the committee to name the fourth elementary Rockenbaugh. Input from a group of teachers and other district personnel headed by CISD Assistant Superin- tendent Mike Murphy aided in designing such characteristics as classroom size, kitchen placement, and other items. NEWS CLIPPING Date: ,toad trip for Highway 114 work the mood out here is ;le of concern. People really want to show ,upport for the effort 7d come together for a _ommon cause. We're '.'cry determined. We ❑t to instill our paint view on the [Texas ighway) commission." — Sandra Bahcr. crufis . dirco— ,f fhr ti,whlakc chandx-r 'roup to lobby officials in Austin Laurie Wilson 'Nnfrr of The Dallas horning News 'he months of meetings, strategies and s-roots efforts could all pay off Tues- when members of the Metroport 114 °nership — armed with traffic counts, ps and the support of thousands of resi- fts — ask state highway officials to grove State Highway 114. he group, which was formed in 1982, r?wring to lobby for money to widen .ighway from Roanoke to Grapevine. :ayors and city officials from through - the 114 corridor are expected to ask OVE2 — the Texas Highway Commission to build more lanes, frontage roads, interchanges and crossroads throughout the stretch of highway in northeast Tarrant County. The coalition has spent months garner- ing support from businesses, residents and area city leaders. The effort has gained momentum within the last few weeks. The group has recouped all of the $70,000 spent on the project, which includ- ed a promotional video about the prob- lems on the highway, petitions for rest - Please see 114 on Page 4N. "We are certainly concerned ... because we have projects here that have started and aren't finished.... 1 don't want to take a chance on our funds going to 1 14.... The people are here now. It's down the line over there." — T,,mms Bn­n Ntmrh Richland Hill% masur Some in H•E-B worry for other projects By Kendall Anderson Stall Writer of The Dallas Morniog Nees Some city officials in northeast Tarrant County fear that funding State Highway 114 could take money from other traffic projects in the high -growth area. The mayors of North Richland Hills. Euless and the head of the Hurst -Euless - Bedford Chamber of Commerce said they support expanding 114 — but only if pro- jects such as the Northeast Loop 820 inter- change, Rufe Snow Drive and the expan- sion of State Highway 183 aren't neglected. "We are certainly concerned in North Richland Hills because we have projects here that have started and aren't fin- ished," said North Richland Hills Mayor Tommy Brown. "We see 200.000 cars a day. and the state hasn't even finished that... . I don't want to take a chance on our funds going to 114, because we just can't afford it. The people are here now. It's down the line over there." Euless Mayor Mary Lib Saleh and HEB chamber president and chief executive officer Courtney Hayden express similar concerns. Please see SOME on Page 4N 114 group to hit the road Continued from Page IN. dents to sign and mailers. Area cities, residents and corpo- rauons donated money to support the effort, which organizers hope will sway members of the commis- sion to widen and improve the highway from Irving west to Inter- state 3S. The Southlake City Council unanimously approved a 520,000 contribution to the group's coffers. For the last few weeks, the council chambers have been lined with posters by students who drew their impressions of the gridlocked high- way. Southlake city leaders have been trying for several years to get the project back on schedule. The stretch of 114 through that city is about five miles long and includes four major intersections. Roanoke, Trophy Club, Haslet and Westlake also are contributing substantial sums to the lobbying ef- fort. Even cities that don't lie directly along Highway 114 are joining the fight. "This is a safety issue as well as a transportation issue," said Colley- ville Mayor Ed Baker. "The overall aspect of this project is huge. We have support from Denton County on one side and Irving on the other side. It's unreal, the number of peo- ple who are coming together to help us out with this." Southlake City Manager Curtis Hawk said that once members of the coalition started spreading the word through a speakers' bureau and public service announcements, the support immediately followed. "People signed petitions and passed out bumper stickers," he said. "We want the state to know that the people of this area are very serious about what happens to this highway." Mr. Hawk said Metroport mem. bers are taking up the highway fight where It left off in 1987. "We thought we had it approved for funding back then," he said. "But it slipped back. In the mean- time, we got caught up with the construction along FM1709. When that happened, we lost our sight of that area, and it fell out of the mix. "And the next thing we knew, it bad no priority funding at all." Officials with the Texas Depart- ment of Transportation said that money for 114 improvements is not currently in the budget. The project could be added at a later date. Mr. Hawk said the Metroport rep- resentatives will ask that improve- ments be broken up into several parts. He said that a large portion of the highway right of way has been donated and that a few cities may contribute additional money as well. Members of the Southlake Cham- ber of Commerce said four buses will leave at 5:30 a.m. Tuesday from Carroll High School for the trip to Austin. Chamber of commerce groups from Colleyville, Roanoke. Trophy Club, Westlake, Keller, Ir- ving and Grapevine will also spon- sor trips to Austin. "The mood out here is one of concern," said Sandra Baber, execu- tive director of the Southlake cham- ber. "People really want to show support for the effort and come to- gether for a common cause. We're very determined. We want to instill our point of view on the commis- sion." Ms. Baber said Southlake city of- ficials mounted a similar effort sev- eral years ago to lobby for the FM1709 road improvements and succeeded in raising the project's priority. "This effort shows that we care about our future development and growth," she said. "This doesn't af- fect just one person. It affects about a half -million people." Some.worry about other projects Continued from Page 1N. "You just wonder, with all the publicity about 114, whether projects that have been promised to other areas will suffer," said Ms. Saleh, noting the pro- posed expansion of State Highway 183 and delayed .funding for busy Westpark Way. "We just learned our funding for Westpark has been put off another year.... We have projects that need work." Regional transportation officials said such fears are understandable because there's a limited amount of money for the state's highway projects. They also acknowledge that because money runs out, highway projects are sometimes left half -done. But they also say the nature of 114's funding ensures that current projects won't be neglected. The Metroport 114 Partnership is asking for about S200 million in state money for the project but will break down the request into smaller increments for consideration. "Asking for the monies to be staged, you take the pressure away from hurting other projects since you're not asking for a lot -of money at one time," said Michael Morris, director of transportation for the North Central Texas Council of Governments. "I am not concerned that [the state[ would be out there funding one project and turning its back on a project it's already committed to." The two mayors point to the volume of drivers along Northeast Loop 820 and State Highway 183, which are bottlenecked daily City officials estimate that 200.000 drivers pass through the 820 inter- change every day, and more than 170,000 drivers use 183 daily, compared to 60,000 along the busiest stretches of 114. Other roads such as Rufe Snow Drive and Precinct Line Road carry less traffic but are often congested. Projected crowds at Texas Motor Speedway are expected to significantly increase traffic along 114, helping the highway to compete for state and federal funds. Transportation officials say that about 160,000 fans will visit the speedway on race days, many of them driving there. The state ranks projects annually by traffic vol- ume, among other factors, and funds about 44 of every 100 projects that are deemed necessary. "From the standpoint of, yes, there is a fixed number of dollars, and if some dollars are taken before others, then there is concern," said Charles Conrad, district design engineer in Fort Worth for the Transportation Department. "I don't know, though, if anyone can tell if one project will hurt another." Mr. Brown said he's concerned the 820 project, which was delayed a year, will be delayed again. And Ms. Saleh said she wonders why 183 isn't a higher priority, given the traffic volume. State officials said federal funding is uncertain for 183. Henry Wilson is the chairman of the Regional Transportation Council, which approves regional road projects. He said local city leaders won't let Loop 820 fall by the wayside. "We're all concerned about the interchange." said Mr. Wilson, who is also a Hurst City Council member. "I don't have any concerns that other pro- jects will be hurt." Mayor Brown said he's still cautious "I believe in thinking regionally — I support 114," he said. "But all the funds go through Austin, and where would 114 funds come from if not from that same funding? If there was enough funding in the state pot, they wouldn't have pushed it back We don't want that to happen again." NEWS CLIPPItiG Source: F:-+. STAZ- -Tl=1EC�f2A�w� 114 a major commuter artery Before dawn, thousands of Keller, j Roanoke, Southlake, Trophy Club and ^ Westlake residents join the trek to Texas 114. They cascade onto one of Northeast Tarrant County's major east - west thoroughfares, which quickly packs with cars and trucks moving east and bottlenecks in Southlake and along exit ramps and highway splits in Grapevine. "It used to be that at 6a.m., you didn't see a lot of cars," said Tony Violi, who works in Irving. Mornings are bad, but "the worst part is coming home," he told reporter Bill Bowen. The highway, which begins near Texas Stadium in Irving, connects the fast-growing residential areas of North- east Tarrant with jobs in Las Colinas, Dallas and at D/FW Airport. Even truckers who haul supplies to construc- tion sites complain about traffic jams and bottlenecks, reporter Darrin Scheid learned. Southlake center to open SOUTHLAKE — Developers of Vil- lage Center, one of the city's largest planned shopping centers, are hoping for a March completion for the 44-acre complex. The Midland Group of St. Louis is in final negotiations with Radio Shack, a women's spa, postal center, a hair salon, a jewelry store and a travel agency, company officials said. Prelim- inary negotiations are under way with a PetsMart, a furniture store, bank and restaurant, staff writer Leslie Hueholt learned. Midland officials are scheduled to talk about progress at a June 24 Southlake chamber meeting. Date: .c-►q -qtz Mobil to sell Southlake tracts SOUTHLAKE — Southlake's largest housing development, the 1,100-acre I Timarron Homes, will be purchased by Westbrook Partners as part of a $345 million land deal with Mobil Co nµ Timarron, an upscale, master- plarined.nommunity that. ha�_:$glq 400r,,_, homes, is among 18 Mobil Land Devel- opment Corp. properties under con- tract by the New York -based invest- ment fund. Other North Texas developments in the deal are the 6,300-acre Stone - bridge Ranch in McKinney; Parkside Center, a 30-acre site in Farmers Branch at Midway and Spring Valley; and the 1,100-acre Highland Shores in Highland Village. The transfer to Westbrook, staff writer Miles Moffeit reported, includes anoth- er 500 acres of undeveloped South- ake property on Texas 114. The Texas 114 bonanza? An undeniable symmetry marks the landscape that straddles Texas 114 from Irving west to Interstate 35W. To the east sits Dallas/Fort Worth Airport, the Metroplex's primary economic gen- erator. To the west is Alliance Airport, fast becoming an economic giant. In between, Irving's Las Colinas development has grown from open fields to a global corporate center. The Solana corporate complex on. the Southlake-Westlake border has rebounded to 100 percent occupancy, and there are plans to expand. Grapevine has turned its Texas 114 frontage intq a sprawling retail and restaurant corridor. Business and residential growth along the Texas 114 corridor will con- tinue in the rural areas. To ensure that happens, the Metroport 114 Partner- ship is lobbying the state to make Texas 114 improvements a top priority. The coalition presents its case Tues- day .to the Texas Transportation Com- mission in Austin. Reporters Andrew Backover and Courtenay Edelhart examined how Texas 114 is critical to business growth in the area. NEWS CLIPPING Source: t�Ess I Date: (o- I NETC leaders to lobby TxDOT over 114-project By STEVE BOTH staff writer of The Business Prrss A caravan from North Texas will be heading to Austin June 18 to lobby the Texas Department of Transpor- tation for completion of Texas High- way 114 through Southlake and Keller in Northeast Tarrant County. The five -bus caravan will be packed with politicians. business leaders and citizens from the area. The commonality of the thing Is we need to get 114 done now.- said Ed Baker. mayor of Colleyville. The Interesting part Is this was put on the political agenda back in 1993 and somewhere it fell off the political wagon and was never done. The thing that worries those of us who live In the corridor Is that we're going to end up In economic gridlock. and notjust from cars. If we can't move product we're going to be in a lot of trouble.' Baker. other mayors and develop- ers are afraid that the speed with which the region Is growing — due to projects like Alliance. Solana, Park Glen. Las Colinas and Circle T— de- velopment will get bogged down be- cause of traffic gridlock, Then they fear business" and people will begin to turn away. Baker said he expects to make an impact at the meeting. We represent 600.000 people. it's exploding. Here we are with an op- portunity that If we started in the morning It would take eight to 10 years to complete,' Baker said. -The coalition hopes to have a life of three to five years. We're not going to go down and come back with a check In our pocket. This Is why It has to have an ongoing life. The 19th (of June) is probably going to be the single -most - Important day.' The coalition plans to offer to split some of the costs with the state In order to get the highway under con- struction. 'We want to ask for their help.' Baker said. 'We know this Is a $157 million check we're asking them to write. We want to be partners with the state. As an example the city of Sou thlake Is pledging $1 million. On top of that they're pledging $20.000 pl&asO tN NETC on pogo 26 N ETC continued from page 6 and have already written a check to fund the first phase.' Other cities are proportionately doing their part. 'Even the city of Haslet, as small as they are, Is pledging money.' Baker said. Colleyville Is in the process of look- ing at pledging money too. 'Even as we speak we're studying that. and we don't even touch 114." Baker said. 'We know that even though 114 doesn't go through Colleyville, we'll be affected." Local Industry Is also pitching in. TU Electric has produced a video on the project to help sway commission- ers. And the coalition plans to do plenty Of follow up. A meeting is scheduled to take place within five days of the Austin trip to plan a course of action based on commissioner response. For more information about the trip to Austin, contact Mayor Baker's office at 281-4044. NEWS CLIPPING Source: Is. I.CT-1-i LIN' Date: to- i �J - Education Foundation Formed For Carroll by Terry Fox The rising cost of education and the burden placed upon the Southlake taxpayer has prompted several area business people to form an organization which will seek out tax-exempt donations for the Carroll ISD in an effort to pro- vide funds for the maintenance and expansion of programs offered by the district. The Carroll Education Founda- tion will seek donations from area businesses and community mem- bers which will be made available as grants for classroom programs and teacher training. 'Me major beneficiaries of the Foundation will be teachers and students", Brad Bradley, President of the Foundation, explained. "We intend to support a variety of edu- cational programs and projects Which would otherwise not exist." A grant committee will be ap- pointed by the school district, Bra- dley said, and will be responsible for all aspects of the grant process: considering grant applications, defining requirements, etc. The committee will make the final de- cision on exactly where and how the funds are applied. Bradley expects the committee to begin accepting grant applica- tions by the beginning of the 1996- 97 school year. The foundation will begin in earnest its fund raising campaign with a Founder's Drive July 1. Donations will hold one of six gift designations, beginning with Founding Friend at 5250 to Cor- nerstone Founder, starting at S 10,000. The initial fund raising goal has been set at 525,000, but Bradley said that members of the organization expect to exceed that goal. The Carroll Education Founda- tion, made up of a Board of Direc- tors, named its officers for the 1996-97 school year last week. Brad Bradley of Bradley & Brad- ley, P.C. will serve as President; Mike Farhat of Farhat Industries, Inc., will serve as Vice President; Jim Monday of Telesupport, Inc. will be Treasurer; and Joe Gregory of Gregory & Gregory will serve as Secretary. Other members of the founda- tion are: Howard Addison of Cresent Broadcasting, Tom Allen of Maguire Thomas Partners, Darcy Anderson of Alliance Devel- opment Company, Barry Emerson of Texas National Bank, John Eubanks of Mesco Metal Build- ings, Gary Fickes of Identitec, Inc., Shair Hakemy of Hak=y Enter- prises, Inc., Carolyn Hobbs - Com- munity Volunteer, Kosse Maykus of Maykus Custom idomes, David McMahan of Pima Properties, Larry Midtbo of Mobile Land De- velopment, Lynn Miles of the CHS PTO, Joey Milner of Blockbuster Video, Rick Stacy of Stacy Furni- ture, Dan Sutherland of PrimeCo, P.C., and Keith Vegors of First National Bank of Grapevine. Ex-officio members of the foundation's board include, Presi- dent of the CISD Board of Trust- ees Buddy Luce and CISD = Superintendent Ted Gillum. NEWS CLIPPING Source: Date: Businesses are based on service by Kate Barlow, special to the News and Times Based on a survey of existing Southlake businesses conducted in the spring of 1996, there are approximately 550 businesses in the city. The three largest industries by category are services at 40 per- cent, retail at 17 percent and con- struction at 16 percent. Thirty- four percent of the businesses operating in the city are home - based businesses. The services industry currently has the largest number of busi- nesses in the city and 52 percent of all home -based business are classified as services. (see "Service," page 2) —Ovc(Z— Service — r wj. . The eery ices categ— ❑,c lode, hucmccccc (n die licldc „I per aural, rnmpntcr. hua nc,c, prnti c- cu,nal, ma iu ti,c, nta,kenmg andhcalthcare,cr,we, l+cn.onal ccrv+cea include laundry. p6,111- graphnc, heamv and bather ,er- vneee while eomputcr ,cn ncce m- clmdc conlpmlcr : nnc,nitannc .1 cnitwarc «rvtccc Pri,fesaonal cervices include the interior dcagn. legal and ac- cuunnng fickle Rucmccc sen ices -i d pc•rcnns working within the ncc coo iiwt n nduary con- , i, prnnar,I, .-I hnmc hwWing hni it,,. utclmdc, husmesses in plumbing, a,r conditioning. c1cc- trival, card and p,u+l and cscaval- intt and pajigt q hum cccccc. C'ur- rcnily I I percent of Soutldake'c home -hated huen",;cs are clas- aficd ac conatntctron. An nla•unung iddntnn to the R.nllhlnke hucnnccc hate is \MR', Sabre I)cctaon Tech- nologtcs which will begin mov- ing into Solana Southlakc this June. The addition of SDT will �, n+l hlakc I{ucine„e, b, 6ahntn include adveriming, photocopy- ing and mail scrvices and data processing services. Marketing smite% include advcrosing, nnar- kci rcccarch and trade show and convention services. Southlake's retail sector in- cludes convenience and service Smulhlake Ilmnw• If. raise the number of persons work- ing in Southlakc by 1.300 at a minimum. The Southlakc Office of Eco- nomic Dcsclnpmcnl attempts to maintain a list of all businesses lacaled in the city. I f you operate a new husinecs or have reason to d itu,ina•„r, he halmln establishments• eating and drink- ing establishments and home fur. nishing stores. Additionally there are many speciality businesses catering to the floral and arts and crafts industries. Retail accounts for 17 percent of Southlakc busi- ncsccs, but employ% ,) percent of believe your business may not be included in the data base, please contact the Office of Economic Development at 48I-5591. Ext. Sol, Kate Barlmv is the ditretor of Southlake'r Q11ire of Economic Development.. Southlake Emphgynrnl hw Inllmin NEWS CLIPPING I Source: KeA.`S `>a ; Pv eS I Date: (, -14 -qi6 �I Southlake Chamber gives thanks to those who helped Yews and Times The Southlake Chamber of Commerce would like to thank the numerous individuals, volun- teers and businesses who made its 10th annual Southlake Chamber Golf Classic a huge success. The Chamber would also like con- gratulate its outstanding golfers Following is a list of the events and the winners: - Putting contest —first place winner, Russell Holly: second place winner. Glen Rose. and third place winner, Gary Stokes. - Closest to the pin contest — Hills number three winner, Rob Smith; Hills number 17 winner, Mark Stanfield; and Hogan num- ber five winner, Paul Schelcta. Longest drive contest —Hills number 10 winner, Brad Will- iams; Hills number IS winner, John Callaway: Hogan number one winner. Phil Chaffins. and Ho_an number 16 winner. Har- rison Frazar. - Hogan championship flight — first place team, Billy Thomas, Ed Yeary, Bill Young, Jim Rose: second place team, Keith Temple. Phil Parker, Vernon Bryant. Phillip Cloud: and third place team, Steve Ingham, Roger Spathias. Gary Hill, Robert Leeper. - Hogan first flight —first place team, Phil Chaffins, Steve Brew- ster, Ken Kisner; second place team. Barry Emerson, Cy Holley. Todd Handwerk, Jim Carter: and third place team, Richard Kuhl- man, Dave Pearce, Pat Sullivan. - Hills championship flight — first place team, Rick Stacy. Steve Hambrick, Ben Hanna, Mark Hall. second place team, Patrick Mitchell, Steve Ballard, Bobby t Hcnrcr, Steve-crnenCk, Vcrk Brakemeir; and third place team, Gary Terry, Greg Carter, Bill Carter, Curtis Hamilton. - Hills first flight —first place team, Ron Stacy, Terry Mitchell, Norman Lutz, Maury Masten. second place team, David Hunter, Stephen Anderson, Jeff Grubbs, Bill Roberts; and third place team, Mark LaFavers, David ._ b& cu u'J Craig, Matthew LaFavers, Izak Gregory. Last place team —Vary Fickes. Hap Baggett, Jim Ridenour and Bob Mundlin. NEWS CLIPPItiG ource � ,Ns 0 ; , nn _ II �c-It� -5b A Texas -sized thank you Icentenflial THANK YouPark- SOUTHLAKE WOM Southlake Women's Club president Wendt Carlucci and former Mayor Gary Fickes show off the marquee that was donated by the SWC for the FM 1709 entrance of Bicentennial Park N•E�VS CLIPPING Source: Fr. w o rz-,,,-► -T-e-L-Ec. I Date: (a-114-96 11 A highway s0,� rH' that roared 3 No matter the ` ` view along Texas y 114, the consen- susis that the 12- >f, mile stretch of x highway weaving through North- t•+-� east Tarrant and Denton counties ,w has taken on greater meaning during the past 10 years — in �t _ economics, safe- ty and residents', quality of life. Texas 114 has emerged as a " roaring thorough- ' fare and a traffic _ nightmare. Thou- sands of resi- dents are scram- bling to buy homes in adja- cent Grapevine, Roanoke, South- �' 1 lake, Trophy Club and Westlake, and developers are grabbing land for projects. Town leaders are lobbying the state to add lanes and ofhertraffic controls to Texas 114, gearing up ` for a public hear- ing June 18 before the Trans- �- portation Com hic mission. They are — star-TelegraffVKLciwr mapping land- Traffic heads into and out of downtown Irving along Texas 114. Rapid growth in North - use plans to con- east Tarrant has packed the route with cars and trucks from Grapevine to Roanoke, and trol growth. expansion from a four -lane highway to a six -lane freeway may help the situation. Everyone along Texas 114 realizes that the highway landscape will change radically in the next decade, staff writer Miles Moffeit reported in the Star -Telegram North- east's weeklong series of stories. `"E"'S CLIPPING I Source: cJc" r-H LA),-� Jau,zN ,,,_ I Date: 6 - 17 - 5.4. II Take The Fifth... SPEED LIMIT 30LL k YOUR SPEED J 0 &4, r photo by Justin Mellen Southlake Department of Public Safety recently acquired a trailer that will show passersby just how quickly they are passing by. The sign, say officials, will be moved periodically, and yes, will at times be accompanied by a police officer. Pictu, :� above are (1-r) Officer Hodges, Sgt. Da, ' k, and Warren Wright of Public Works. City of Southlake, Texas MEMORANDUM June 24, 1996 TO: Billy Campbell, Director Public Safety FROM: Malcolm Jackson, Administrative Coordinator SUBJECT: Texas Department of Health Grant Application The Texas Department of Health issued a grant proposal notification to all Texas health provider organizations. The process consists of a two step program: an initial application followed by a program proposal. The initial application has been submitted. The program proposal development includes a request for documented support from the governing body. The resolution attached is provided for presentation to the City Council. The program proposal consists of two projects. The first program provides for the acquisition of ten (10) adult CPR mannequins and ten (10) pediatric mannequins for use in education of 300+ persons in basic first aid and CPR These persons include the employees of the City of Southlake, employees of Carroll Independent School District, and the citizens of Southlake through open classes. The second program involves the acquisition of an Automatic Electronic Defibrillating (AED) unit to be placed in the public safety officers (PSO) patrol vehicle. Because these devices can be utilized by EMT trained personnel, such as the PSO, heart attack victims receive life-saving treatment more rapidly. These projects have been discussed with both the Carroll Independent School District administrators and our medical control officials. The only cost to the city is a 501/6 match for funding of the $4,500 AED unit. The TDH grant provides full funding of the $1,970 for the mannequins and $2,250 towards the purchase of the AED. Upon the adoption of the resolution, the program proposal will be submitted to the Texas Department of Health. I am available for any question or comment. MWJ/mwj RESOLUTION NO. TV A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHI.AKE, TEXAS, IN SUPPORT OF THE 1996-97 TEXAS DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MANAGEMENT GRANT FUNDING PROGRAM. WHEREAS, the City Council of the City of Southlake concurs with the efforts of the Texas Department of Health to develop projects to increase the availability and quality of emergency pre -hospital health care, and WHEREAS, the objectives of the program include funding programs to provide education and training of students, employees and citizens in emergency first aid and cardio-pulmonary resuscitation, and programs to provide equipment for advanced life support, and WHEREAS, the Texas Department of Health has established a program designed to assist agencies in those efforts by making funding available to support worthwhile programs for improving emergency medical services, and WHEREAS, the City of Southlake is a small, but rapidly growing community with a desire to provide educational instruction to 300 or more citizens per year as a part of a pro -active approach to emergency pre -hospital health care, and lacking sufficient funding at the current time to fully fund those programs, and WHEREAS, the City of Southlake agrees to conform to all of the requirements of the grant funding program upon being awarded such financial assistance with the intent and desire to continue the program over the long term, NOW, THEREFORE, BE IT RESOLVED, by the City of Southlake, that the City Council of Southlake, Texas supports the Texas Department of Health, Bureau of Emergency Management Grant Funding Program, and authorizes the Southlake Department of Public Safety to apply for grant funding to support acquisition of educational prevention materials and equipment necessary to institute such programs. PASSED AND APPROVED THIS THE DAY OF , 1996. ATTEST: Sandra L. LeGrand City Secretary CITY OF SOUTHLAKE, TEXAS Rick Stacy, Mayor .�a -;2- City of Southlake, Texas MEMORANDUM June 28, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-200, 2nd Reading ZA 96-62, Rezoning/Francis Throop Survey, Abstract No. 1511 REQUESTED ACTION: An amendment to the Zoning Ordinance and Map for property described as being Tract 4C, situated in the Francis Throop Survey, Abstract No. 1511, and being approximately 1.379 acres, as recorded in Volume 6096, Page 295 of the Deed Records of Tarrant County, Texas. LOCATION: 2079 N. Carroll Avenue, being on the east side of N. Carroll Avenue approximately 350' north of the intersection of N. Carroll Avenue and Primrose Lane OWNER/APPLICANT: Katherine Bartholomew CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -IA" Single Family Residential District LAND USE CATEGORY: Low Density Residential (may include limited low intensity office and/or retail uses) NO. NOTICES SENT: Six (6) RESPONSES: Two (2) written responses were received within the 200' nottification area: • Dorothy M. Rockenbaugh, 1901 N. Carroll Ave., Southlake, Texas 76092, in favor, "It is needed in order to add on their home." • Wade Booker, I100 Primrose Lane, Southlake, Texas 76092, in favor, "If it is for the addition to the house; if not, then I am opposed." STAFF COMMENTS: Please note that the "SF -IA" Single Family Residential District does not require a concept plan; therefore, there is no Staff Review letter. -7A-i P & Z ACTION: June 6, 1996; Approved (4-1). COUNCIL ACTION: June18, 1996; Approved (7-0) First Reading, Ordinance No. 480-200. KPG/cic G:\WPFIPAEMO\96CASES\96-062Z. 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Tate 150 300 370 ADJACENT OWNERS ZONING AND Z 4•T • R 5A3 1.08 @ ::], ESpin Representative #5 V TR 5A T. Jan Francis 3.95 AC i 299 I I g T H 1@ 1 100 353 yy Tii 4B1 302 a .8 AC � � I TH 4B j 1.5.2 AC R I j I Tp N � "AG" THI 4C1 1 . u2 AC W. Hodges M. Thrailkill TR 2C, 12.41 AC If "AG" -- I 90 ' 160 250 T► U'11 IA TR 2(,4 TR 2C2 p43 @ °0 A . E5 AC 1.0 AC TR 2L' 1 E: AI 4- r a: 1 i T R4 .97 A. Cercone D:; TNR D. Rockenbaugh A� 1 IfAG ff TR 582 It II..(10Q. '9! 40W r �> WM. A. AND WANDA F. HODGES J3 VOL.3577 PAGE 495 DRTCT Or0 . 0 �o r. . 0•` co..tfe.l 1/ZI.RF. S8900715511 E 220.01 1 1 19 9. 2 y1 1 I ONE STORY FRAME HOUSE I = u z o� 0 j c mo w; z« Qi LL LL "• POWER POLE •� N 14' VZ I.R.F. 0 N N a 14' arvle• to Line s.4• 4.o 00 o O a qc M 2a.6' �}-Fra-c shed N H Qr4 we11 • POWER XEnd POLE of PH c Lane ;.'. WANDA HODGES J VOL. 6096 PG. 295 D RTCT 0 G' F- 2 m E- 4. I t0 'L co m . O C t 00 p0� 0 w I W > w f'w• O • � Yam' G •�a�: Power � � .�•�-.i Pelt co - BARB WIRE FENCES . ' 200.0 1 f: I.R.F. N 8900715511 W 220.011 s .a7'. R•.r�. .4 t��i Cenl;.tOl m ,0 N r 1= 4.,P -"e ' CROSS -TIE POST Robtct H. t'LoCKEt1OAvG and wl;t Oocothn- Vol. 441 1 Pc3. '56.2 OCLT C e i ce — cz Nam- E : 'C.xisis of '6ec<<�neJs . Oeed to Subject pcoee,t,:� ikin Tif r. Company ZOO Hain Street vine, Texas 76051 GR-95C12534-RHR >wer: Bartholomew —7 1-rF• IM CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-200 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 APPROXIMATELY 1.379 ACRES.SITUATED IN THE FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, TRACT 4C, AS RECORDED IN VOLUME 6096, PAGE 295 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, 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 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 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 G:\0RD\CASES\480-200. WPD Page 1 ��� 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 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: G:\0RD\CASES\480-200. WPD Page 2 �� 7 (, Being a 1.379 acre tract of land situated in the Francis Throop Survey, Abstract No. 1511, Tract 4C, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "SF-lA" 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. 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 G:\0RD\CASES\480-200. WPD Page 3 7A- 9 until final 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. PASSED AND APPROVED on the 1st reading the day of , 1996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR ATTEST: CITY SECRETARY G:\0RD\CASES\480-200. WPD Page 4 7A 4 V APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: G:\ORD\CASES\480-200.WPD Page 5 7A--10 IM EXHIBIT "A" BEGINNING at a point in Carroll Avenue in the West line of the above mentioned THROOP SURVEY, same being South 1090.91 feet from the Northwest corner of said THROOP SURVEY, same also being -the Southwest corner of a tract of land as described in deed to William A. and Wanda F. Hodges recorded in Volume 3577 at page 495 in the Deed Records, Tarrant County, Texas; THENCE South 89 degrees 07 minutes 55 seconds East .along the South line of said William A. And Wanda F. Hodges tract passing at 20.81 feet a 1/2 inch iron .rod found for corner in the East line of said Carroll Avenue and continuing for a total distance of 220.Oi feet to a 1/2 inch iron rod found for corner, same being the Southeast corner of said Hodges tract and the �,j st line of a tract of land as described in deed to Robert H.•Rockenbaugh 14 wife Dorothy Rockenbaugh recorded in Volume 4437 at page 362 of the Deed Records of Dallas County, Texas; i THENCE South along the said West line of Rockenbaugh tract for a distance of 273.08 feet to a cross -tie post*for corner; THENCE North 89 degrees 07 minutes 55 seconds West along the most Southerly North line of Rockenbaugh tract passing at 200.01 feet a 1/2 inch iron rod found in the said East line of Carroll Avenue. and continuing for a total distance of*220.01 feet to a point for corner in Carroll Avenue and the said West line of THROOP SURVEY; THENCE North along Carroll Avenue the said West line of THROOP SURVEY for a distance of 273.08 feet to the POIN`P OF BEGINNING. CONTAINING 1.379 acres of land, more or less. A G:\ORD\CASES\480-200.WPD Page 6 �� �l City of Southlake, Texas MEMORANDUM June 28, 1996 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Ordinance No. 530-A, 1st Reading, Repealing Ordinance No. 530 Animal Control This item is being placed on the Agenda for discussion. We are combining existing procedures with other additional procedures into a new ordinance and repealing existing Ordinance No. 530. Originally, procedures were adopted by resolution, however, the city attorneys feel that we will have a stronger stance if the procedures are incorporated into the ordinance itself. Attached is a revision of the Animal Control Ordinance and a copy of the existing ordinance. The following illustrates the additional new procedures as depicted in the redlined sections of the revised ordinance. Article I. Definitions. There have been additional definitions added to include coyote hybrid, wolf hybrid, and dangerous animal Article VII. Dangerous Animals. 7.03. Incorporates procedures into the ordinance that allow for citizen complaint procedures; 7.04. Allows for a hearing of that complaint; 7.05. & 7.06. Allows for the Director of Public Safety, within parameters, to issue mandates concerning the complaint; 7.07. Provides an appeal process on the order of destruction to the City Manager's appointed Dangerous Animal Review Panel; 7.08. Provides that the decision of this Panel shall be final and not subject to appeal; 7.09. Refers to the consequences of violation of the Director's order; 7.10. Requires the surrendering of the animal in accordance with this ordinance; 7.11. Provides for the prohibition of keeping an animal contrary to the Review Panel or the Director's order; 7.12. Provides for the seizure of the animal in accordance to the ordinance. Article XL Enforcement and Penalties. 11.02. Provides for the violation penalties to be a minimum of $50 and not more than $500 for each days violation, except those violations of any provision of Article VII shall be fined not less than $50 nor more than $2,000 each day, and the most notable difference being that violation of Article VII directly affects the public's safety. In addition, the new ordinance should also resolve the conflict between the Animal Control Ordinance and the Zoning Ordinance as to the number of dogs that may be kept. This will also be discussed in order to get Council's input in that area. If you have any comments or questions, please feel free to call. '��z BC/bls O ,r7 l z ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REPEALING ORDINANCE NO. 530; PROVIDING RELATED DEFINITIONS; PROVIDING FOR THE REGULATION OF DANGEROUS ANIMALS; PROVIDING FOR ADMINISTRATIVE PROCEDURES RELATING TO DANGEROUS ANIMALS; PROVIDING FOR PROCEDURES AND POLICIES TO FACILITATE THIS ORDINANCE; PROVIDING PENALTIES; PROVING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake, desires to establish regulations for the guidance of those persons responsible for the health, safety and general welfare of the citizens, as well as to provide reasonable laws for the protection of citizens of Southlake aid to provide for the destruction or removal from the City of animals determined to be dangerous; and, WHEREAS, the City Council desires to ensure the safe and humane care and treatment of animals; and, WHEREAS, the City Council desires to make the regulations relative to animal care and control both clear and concise. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF SOUTHLAKE, TEXAS: IM Article I. Definitions. 1.01. Definitions. When used in this Ordinance and accompanying operating procedures, the following words and terms shall have the following meanings ascribed and shall be so interpreted unless the context indicates a different meaning: ABANDONED means animals left unattended for a period greater than 24 hours on private property, and by leaving such animal unattended, creating a threat to their health, or animals released on public or private property with intent to desert the animal. ANIMAL means a mammal, amphibian, reptile, fowl, or creature of the animal kingdom, excluding a human being. ANIMAL CONTROL OFFICER means any person or persons designated by the City Council, the City Manager, Director of the Department of Public Safety, or the Health Officer to enforce the provisions contained herein. ANIMAI. SHELTER means a publicly funded facility or it may be a private facility, as designated by the City Council, operating under contract with the City. CITY means the City of Southlake, Texas, or the corporate limits thereof. COMMERCIAL ANIMAL ESTABLISHMENT means any pet shop, grooming shop, livestock auction, riding school or stable, zoo, circus, kennel or other establishment in which animals are used for or are a primary part of commercial purposes, excluding livestock farms and ranches. f:\files\slake\ordinance\animal-4 (06-28-96) SW-3 Page 2 4W DIRECTOR OF PUBLIC SAFETY means the Director of Public Safety of the City or his designee. DOMESTIC ANIMAL means all species of animals commonly and universally accepted as being domesticated. ESTRAY means any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet, hog, sheep, goat, or any species of cattle or livestock. EXOTIC ANIMAL means a mammal, amphibian, reptile or fowl which is not naturally tame or gentle, and is generally not found in the wild in the continental United States, and those regulated and defined by the Texas Parks and Wildlife as exotic. GUARD DOG means any dog trained or primarily used for the purpose of protecting persons or property by attacking or threatening to attack any person found within the area patrolled by the dog, and that is either securely enclosed within that area at all times or under continuous control of a trained handler. HARBORING means the act of keeping or caring for an animal, or of providing premises to which an animal returns to or is allowed to remain on for food or shelter, for a period of 10 or more days. IMPOUND means to place an animal in the city designated animal shelter, or the taking into custody of the animal for the purpose of detaining or confining the animal by any authorized person acting under the authority of this Ordinance or the direction of a police officer. KENNEL shy} means anlace where �n� four Y P {,"r ;more dogs, or rmre than four f4� s a e cats or any combination of dogs and cats where the total pValkter exceeds four animals over the age of six f6� months are raised, trained, boarded, harbored or kept. Puppies and kittens shall be excluded in this count. KITTEN means any cat which is under the age of six months. LITTER means one or more puppies or kittens. LIVESTOCK means animals commonly associated with farming, ranching, or recognized commercial production including, but not limited to, horses, mules, donkeys, cattle, goats, sheep, and swine, and shall include ostriches and llamas. f.\files\slake\ordinance\animal-4 (06-28-96) Page 3 OWNER means any person, firm, or corporation who has right of or property interest in an animal, or allows an animal to remain on or about his premises for a period of 10 or more days, PUPPY means any dog which is less than the age of six months. RABIES VACCINATION means the vaccination of a dog, cat, or other domestic animal with an anti -rabies vaccine approved by the State Department of Health and administered by or under the supervision of a licensed veterinarian. STRAY ANIMAL, INCLUDING ESTRAYS means any animal, for which there is no immediate identifiable owner or harborer, and which is found to be at large within the corporate limits of the City. FA rob ral CT, We ._ 4 WILD ANIMAL means all species of animals which eidst in a natural unconfined state and are usually not domesticated and includes wolf hybrid and coyote hybrid. Article M. Animal Establishment Permits. 3.01. No person, partnership or corporation shall operate a commercial animal establishment or kennel unless the establishment is located in a properly zoned area and unless a permit has first been obtained in compliance with current City policies in reference to this zoning. 3.02. If there is a change in ownership of a commercial animal establishment, the new owner must apply for a new permit. Permits are not transferable. 3.03. Every facility regulated by this chapter shall be considered a separate enterprise requiring an individual permit. f:\files\slake\ordinance\animal-4 (06-28-96) Page 4 3.04. No fee may be required of any veterinary hospital, animal shelter, government operated zoological park, school district, civic or charitable organization. Article IV. Animal Control. 4.01. Restraint. (a) Every female dog or cat in the state of estrus, commonly referred to as being in season or in heat, shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding. (b) It shall be unlawful for an owner to allow any animal to molest or intimidate pedestrians, passersby or vehicles. (c) It shall be unlawful for an owner to allow any animal to damage, soil, defile, or defecate on private or public property, other than that of the animal's owner. It shall be a defense to the violation of allowing an animal to so defecate on private or public property if the owner immediately removes and properly disposes of the animal. defecation. (d) ' It shall be unlawful for an owner to allow any animal to make noises in an excessive continuous or untimely fashion which causes unreasonable annoyance, disturbance or discomfort to a neighbor or others in close proximity to the premises where the animal is being kept or harbored. These noises include, but are limited to, barks, whines or howls. (e) It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. Exceptions: This provision does not pertain to any animal within an automobile or motor vehicle of its owner or owner's agent, provided that when unattended said animal cannot exit or leave the confines of said vehicle or is in the immediate visual or verbal proximity to the owner and under the immediate verbal control of this owner. (f) When on the owner's property, and not within visual proximity and verbal control of the owner, the animal must be confined to the premises by a substantial fence of sufficient design, density, strength and height to prevent the animal from escaping therefrom, or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal from escaping from the premises, or any other device suitable to ensure the animal remains on the premises of its owner. f.\files\slake\ordinance\animal-4 (06-29-96) Page 5 4.02. Care and keeping of animals. (a) It will be unlawful for an owner to: fail to provide his animal(s) with sufficient wholesome and nutritious food, water in sufficient quantities, adequate ventilation, shelter space, protection from the weather and veterinary care when needed. (b) No person shall beat, cruelly treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or any other combat between animals or between animals and humans. (c) No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by an animal except, that it shall be lawful for persons to expose on is own property common rat poison, mixed only with vegetable substance if mixed, and located in a manner reasonably likely to prevent ingestion by animals other than rodents. (d) No person, except a person licensed by the Texas Parks and Wildlife Department, shall place or set out steel jaw leg and/or neck traps with the intent of trapping any animal. (e) No person shall own, possess, or have custody of on his premises any wild or ous animal, including a reptile, afyh"d ;ncl rt3f _blrrltcz pdcl�v> di a fee. This section shall not apply to zoological parks, performing animal exhibitions, circuses, or veterinary hospitals. (f) No person shall keep or permit to be kept any exotic animal. (g) Fowl, rabbits and guinea -pigs must be kept in a secure pen or enclosure. Any enclosure in which fowl, rabbits or guinea -pigs are kept must be cleaned and disinfected on a frequency sufficient to prevent any unsanitary conditions. No more than a total number of six fowl, rabbits or guinea -pigs, or a combination of fowl, rabbits or guinea -pigs, whose number equals six, shall be kept on any premises except where permitted by the municipal zoning Ordinance under regulations relating to agricultural or commercial operations. (h) It shall be unlawful to keep bees in such a manner as to deny the reasonable use and enjoyment of adjacent property or endanger the personal health and welfare of the inhabitants of the City. f.\files\slake\ordinance\animal-4 (06-28-96) Page 6 8A- 7 (i) The owner of every animal shall be responsible for the removal and lawful disposition of any excrement deposited by his animal(s) on public or private property including his own when such waste has accumulated in such quantities or in such manner as to become a health and sanitation hazard in the opinion of the Animal Control Officer. 0) All feed provided for animals, excluding bailed hay products for livestock, shall be stored and kept in rat -proof boxes, containers, or receptacles. Horse stables, livestock farms and ranches within the corporate city limits must carry out a continuous and active rat and fly control program. (k) It shall be unlawful for the owner, operator, agent or driver of any truck, trailer or other vehicle that has been used for the hauling of any livestock, animals or fowl to park in or on any roadway, highway, street, alley, vacant lot or tract of land, either public or private, or in any service station or garage within the corporate limits of the City, with said vehicle containing manure, excrement or liquid discharge of such livestock, animal or fowl, when such vehicle emits an odor, gas, or fumes caused by the contents of the vehicle, which would be reasonably expected to be offensive to persons of reasonable sensibilities who might be in the immediate vicinity. (1) It will be unlawful for the owner, operator, agent or driver of any such vehicle to fail or refuse after having been notified by a police officer, Animal Control Officer, health officer, or Code Enforcement Officer to move such vehicle to a location that would not disturb the inhabitants of the City. (m) The City shall have the authority to immediately remove such vehicle when said vehicle is in violation of (k) and (1) of this section provided such removal is in accordance with state law. (n) No person shall abandon an animal within the city regardless of the origin of the animal. (o) It shall be unlawful for any person to allow an estray to be unattended upon a public street, alley, thoroughfare or upon property of another in the corporate limits of the city without proper permission. The burden to prevent such action shall rest with the person having ownership or right to immediate possession of such estray. (p) Those animals that fit the definition of estray are subject to impoundment in accordance of the policies and procedures related to this Ordinance. Lf:\files\slake\ordinance\animal4 (06-28-96) Page 7 (W 4.03. Guard Dogs. All dogs trained for the sole purpose of protecting property or persons shall be registered with the City. The area or premises in which such a dog is confined shall be conspicuously posted with warning signs bearing letters not less than two inches high, stating "GUARD DOG ON PREMISES." Article V. Animal Shelters. 5.01. Standards for Animal Shelters. (a) Each animal shelter operated in this City shall comply with the standards for housing and sanitation as set forth by the Texas Department of Health. (b) An animal shelter shall separate animals in its custody at all times, by specie, by sex if known, and if the animals are not related to one another, by size. (c) An animal shelter may not confine healthy animals with sick, injured, or diseased animals. (d) Each person operating an animal shelter shall keep records of the date disposition of the animals in its custody, and shall maintain the records on the premises of the animal shelter, and shall make the records available for inspection by the Animal Control Officer at reasonable times. 5.02. Prohibited Methods of Death. (a) A person commits an offense if a person kills a dog, cat or small animal in the custody of an animal shelter by shooting, except in emergency field conditions, by clubbing, by using a decompression chamber, or by administering any of the following: (1) unfiltered or uncooled carbine monoxide; (2) curariform drugs, used alone, including curare, succinylcholine, pancuroniun, and glyceryl fenesin; (3) magnesium salts, used alone; (4) chloral hydrate; f:\fi1es\s1ake\ordinance\anima14 (06-28-%) Page 8 (5) nicotine; or (6) strychnine. Article VI. Rabies Control. 6.01. Rabies Vaccination. (a) It shall be unlawful for any person to own, keep, harbor, or have custody or control of a dog or cat over the age of four months within the City unless such a dog or cat is currently vaccinated against rabies by the injection of anti -rabies vaccine by or under the direct supervision of a licensed veterinarian. (b) A certificate from the veterinarian administering the vaccine is required, and such certificate shall contain the information as stated in the policies of this Ordinance, and shall meet the minimum standards approved by the Texas Board of Health. (c) Every veterinarian whose office or place of business is located within the City and every veterinarian designated by the City to provide services pursuant to this Ordinance, whose office or place of business is located within or outside the City, shall keep detailed records of animal rabies vaccinations and, upon request of the Health Officer or Animal Control Officer, shall provide a listing of rabies vaccinations to the Animal Control Officer. The listing shall include the owner's name and address, animal species, gender, date of vaccination, and whether the animal has been altered. (d) The veterinarian administering the rabies vaccination shall issue a rabies tag to each dog and cat vaccinated. Each dog and cat shall wear the tag attached to a properly fitted collar or harness at all times. The tag shall contain the following information: (1) The veterinarian's phone number; (2) The year for which the vaccination is current; and (3) An identification number by which the veterinarian can identify the animal's records. (e) Every owner of a dog or cat immunized against rabies as required herein shall procure a rabies vaccination certificate from the veterinarian administering the vaccine. Such certificate shall contain the following minimum information: (1) The owner's name, address, and telephone number. f.\files\slake\ordinance\animal-4 (06-28-%) Page 9 (2) A description of the animal vaccinated. (3) Date vaccinated. (4) Veterinarian's signature and license number. 6.02. Reporting rabies and transmissible diseases. (a) Any veterinarian who shall find any animal within the city limits afflicted with rabies or any other disease which is transmissible from animal to humans shall immediately report to the city health officer or Department of Public Safety such case together with the name and address of the owner, if known, and the location of the premises where the animal can be found. (b) Persons having knowledge of any animal exhibiting symptoms of rabies, or that has bitten, scratched or otherwise attacked an individual or other animal, or that the person suspects to be rabid or could reasonably foresee as capable of transmitting rabies, shall report the animal or incident to the Animal Control Officer, Department of Public Safety, or the Rabies Control Officer as soon as possible, but not later than 24 hours from the time of the incident. The report shall include the name and address of any victim and the owner of the animal, if known, and any other information known and relating to the incident or 4 animal. (c) Every physician or other medical practitioner who treats a person for any animal bite shall, within 24 hours, report such treatment to the Animal Control Officer, giving the name, age, sex and precise location of the bitten person and such other information as the City designee may require. 6.03. Impoundment. Every animal that has rabies or symptoms thereof, or every animal that is believed to have rabies, shall be impounded in accordance with the policies and procedures of this Ordinance. It shall be unlawful for an owner of such an animal to refuse to surrender such animal to the Animal Control Officer. 6.04. Use and sale of rabies vaccine. The provisions restricting the use and sale of rabies vaccine for animals as set forth in Chapter 826 of the Health and Safety Code, are hereby adopted by reference, a copy of which is on file in the office of the City Secretary, and as amended from time to time. f.\files\slake\ordinance\animal-4 (06-28-96) Page 10 0R-ii 11 A l't1G_.:'<aitl ::;:lU:`I11II`sISIr> .......................................:.. ........... ....:.iii:Y.v: '.: '':4::4:inii:Civv?.::{.>n:<.i:<.ii:Y.i4::::.:::.:" :' }i:iJiii:;:: }i:i::'.::±Lii: is{• ......:'.... ii:CG4:ii:iii:G:•....:?� vv::::i :v:?iv;%::'G+Ci;i' ::; •.:::Y'::::y;%:i xsansIea� xtten:Goaant vtt h €;Dhrr.. .............................................................. ;.....:.cr: ;. sr.:SR: :.,,.,:::..::::...:: :::::::....:::': s:: ss•': .::s•::rs•'ss<ss: •».:'.:..,;s:: a.::: s:.,,:.;;, ::. �� �<':>":::�sc��i w�� awns ��..l��i>has �n �'k�s✓i�..::�r;:�fit�C� " �<:c�> f.\files\slake\ordinance\animal4 (06-28-96) w OA, 7, ar On Page 11 L� IM f:\files\slake\ordinance\animal-4 (06-28-96) Page 12 ........... Tnc� cada.... r Alirt . b . ::...........................:.........:........:.::: g�tenti; ng r t .>n mal xt gi t t Comm uty f.\files\slake\ordinance\animal4 (06-28-96) Page 13 hlydt theme Dr. ............. ............. d'�*��,:",ie,:,,:,;:,;,:"** arurnal A (W f.-\files\slake\ordinance\animal4 (06-28-96) Page 14 0,0-/ O.F/ 5- 11 f.\files\slake\ordinance\animal-4 (06-28-96) Page 15 pq 72ere : zure hal b tnarie t mp anc� with s a e: laty Article VIII. Impoundment. 8.01. Animals may be impounded by the Animal Control Officer under any of the following circumstances: (a) Unrestrained dogs or cats or animals at large; (b) A dog or cat that is not wearing a valid current rabies vaccination tag; (c) An animal that is reasonably suspected of having inflicted bodily harm on any human being or animal, or who poses a threat to public safety or constitutes a public nuisance; (d) A vieietts cgr, prohibited or unmuzzled animal in a place of public ..:....... assembly; (e) An animal who is not cared for as required by this Ordinance; (f) An animal with rabies or symptoms thereof, or that a person could reasonably suspect as having rabies or that bites, scratches or otherwise creates a condition which may have exposed or transmitted the rabies virus to any human being or animal; (g) An animal not kept in conformity with this Ordinance; (h) An animal that is suspect of having been treated cruelly; or (i) Any animal made subject to impoundment pursuant to other provisions contained within this Ordinance. 8.02. Animals shall be impounded at an Animal Shelter designated by the City f:\files\slake\ordinance\animal4 (06-28-96) Page 16 Council. If the owner of the animal can be identified, the owner shall be responsible for all costs incurred due to the impoundment. 8.03. Impoundment procedures, including but not limited to manner of impoundment, fees, length of time animals shall be impounded, redemption and disposal shall be set forth in policies adopted in conjunction with this Ordinance, and as from time to time amended. Article IX. Contracting with other agency or individual. The City may contract with any other governmental agency, private person, firm or corporation, to perform all or part of the services or activities set forth in this Ordinance, or for services for impoundment, redemption, licensing, care, boarding, veterinary care and associated functions to include enforcement of any parts of this Ordinance or its associated policies. Article X. Fee schedule. A fee schedule for animal control related matters shall be established by resolution and adopted by the City Council to be incorporated in the policies and procedures associated with this Ordinance. Article M. Enforcement and Penalties. 11.01. Enforcement. The Animal Control Officer or his designee shall have the following powers: (a) The officer shall perform those tasks necessary to fulfill the objectives and requirements outlined by this Ordinance. (b) For the purpose of discharging the duties imposed by the provisions contained herein or other applicable laws and to enforce the same, the Animal Control Officer, Code Enforcement Officer, or other duly authorized representative or employee of the City shall have the right of ingress and egress and may enter upon private property to the full extent permitted by law. (c) The officer shall have the right to inspect, to the extent permitted by law, all areas where animals are kept when the health, safety and welfare of an animal is in question or public health and safety concerns are identified. f:\files\slake\ordinance\animal-4 (06-28-96) Page 17 11.02. Penalties. Any person, firm or corporation who violates any of the provisions of this Ordinance other than Article VII, shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than $50.00 nor more than $500.00, and each day's violation shall constitute a separate and distinct offense. A person who violates any of the provisions of Article VII shall be guilty of a misdemeanor, and upon conviction, shall be fined in a sum not less than $50 nor more than $2,000, and each day's violation shall constitute a separate and distinct offense. Article XII. Review. The City Manager may require a periodic review of the fee schedule and the policies and procedures associated with this Ordinance by the Animal Control Officer or any other staff member as the City Manager may deem appropriate, and if the City Manager determines that changes need to be made he shall make recommendations to the City Council regarding these changes. Article X H. Conflicts and savings clause. 13.01. Conflicting ordinances. All other Ordinances, including Ordinance No. 530, or parts of Ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. 13.02. Severability clause. If any provision of this chapter shall beheld void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. Article X1V. Effective date. This Ordinance shall be in full force and effect from and after the date of its publication and passage by the City Council as provided by law. (r f.\files\slake\ordinance\animal-4 (06-28-96) Page 18 Rom PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1996. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attomey Date: ADOPTED: EFFECTIVE: 4 E.\files\slake\ordinance\animal-4 (06-28-96) Page 20 We m u ORDINANCE NO. S. O AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REPEALING ORDINANCE NO. 254; REPEALING ORDINANCE NO. 354; PROVIDING RELATED DEFINITIONS; PROVIDING REGULATIONS ON THE CONTROL AND CARE OF ANIMALS; PROVIDING>FOR RABIES CONTROL; PROVIDING FOR IMPOUNDMENT AND DISPOSITION OF ANIMALS; PROVIDING A FEE SCHEDULE; PROVIDING REGULATIONS ON COMMERCIAL ANIMAL ESTABLISHMENTS; PROVIDING PROVISIONS FOR VICIOUS, WILD, DANGEROUS AND EXOTIC ANIMALS; PROVIDING FOR PROCEDURES AND POLICIES TO FACILITATE THIS ORDINANCE; PROVIDING PENALTIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the -City Council, City of Southlake, desires to establish regulations for the guidance of those persons responsible for the health, safety and general welfare of the citizens, as well as, to provide reasonable laws for the protection of citizens of Southlake; and, WHEREAS, the City Council, City of Southlake, desires to ensure the safe and -humane care -and treatment of..animals; and, WHEREAS, the City Council, City of Southlake, desires to make the regulations relative to animal care and control both clear and concise. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF SOUTHLARE, TEXAS: ARTICLE I. REPEAL OF PREVIOUS ORDINANCES 1.01. That Ordinance No. 254 of the City of Southlake is hereby repealed in its entirety. 1.02. That Ordinance No. 354 of the City of Southlake is hereby repealed in its entirety. .ARTICLE II. DEFINITIONS d 2.01. When used in this Ordinance and accompanying operating procedures, the following words and terms shall have the following slake\animaI.or'd _t_ i meanings ascribed and shall be so interpreted unless the context r indicates a different meaning: 1. Abandoned - Shall mean animals left unattended for a period greater than twenty-four (24) hours on private property, and by leaving such animal unattended, creating a threat to their health, or animals released on public or private property with intent.to desert the animal. 2. Animal - Shall mean any mammal, amphibian, reptile, fowl, or creature of the animal kingdom, excluding a human being. 3. Animal Control Officer - Shall mean any person or� persons designated by the City Council, the City Manager, Director of the Department of Public Safety, or the Health Officer to enforce the provisions contained herein. 4. Animal Shelter - May be a publicly funded facility... or it may be a private facility, as designated by the City Council, operating under contract with the City. 5. City - Shall mean the City of Southlake, Texas, or the corporate limits thereof. 6. Commercial Animal Establishment - Shall mean any pet shop, grooming shop, livestock auction, riding school or stable, zoo, circus; kennel or other establishment in which animals are used for or are a primary part of commercial purposes, excluding livestock farms and ranches. 7. Domestic Animal - Shall mean all species of animals commonly and universally accepted as being domesticated. 8. Estray - Shall mean any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, j ennet, hog, sheep, goat, or any species of cattle or livestock. 9. Exotic Animal - Shall mean any mammal, amphibian, reptile or fowl which is not naturally tame or gentle, and is generally not found in the wild in the continental United States, and those regulated and defined by the Texas Parks and Wildlife as exotic. 10. Guard Dog - Shall mean any dog trained or pr�larily used for the purpose of protecting persons or property by attacking or -threatening to attack any person found within the area slake\animal.ord -2- slake\animal-ord patrolled by the dog, and that is either securely enclosed within that area at all times or under continuous control of a trained handler. 11. Rarboring - Shall mean the act of keeping or caring for an animal, or of providing premises to which an animal returns to or is allowed to remain on for food or shelter, for a period of ten (10) or more days: 12. Impound - Shall mean to place an animal in the city designated animal shelter, or the taking into custody of the animal for the purpose of detaining or confining the animal by any authorized person acting under the authority of this Ordinance or the direction of a police officer. 13. Kennel - Shall mean any place where more than four (4) dogs or more than four (4) cats or any combination of dogs and cats where the total exceeds (4) animals over the age of six (6) months - are raised, trained, boarded, harbored or kept. Puppies and kittens shall be excluded in this count. 14. Puppy - Shall mean any dog which is less than the age of six (6) months. 15. Kitten - Shall mean any cat which is under the age of six (6) months. 16. Litter - Shall consist of one (1) or more puppies or kittens. 17. Livestock - Shall mean animals commonly associated with farming, ranching, or recognized commercial production including, but not limited to, horses, mules, donkeys,.cattle., goats, sheep, and swine, and shall include ostriches and llamas. 18. owner - Shall mean any person, firm, or corporation who has right of or property interest in an animal, or allows an animal to remain on or about his premises for a period of ten (10) or more days, or is routinely in charge of the care of an animal. 19. Rabies vaccination - Shall mean the vaccination of a dog, cat, or other domestic animal with an anti -rabies vaccine approved by the State Department of Health and•administered by or under the supervision of a licensed veterinarian. 20. Stfay Animal, Including Estrays - Shall mean any animal, for which there is no immediate -3- g- 0-; q identifiable owner or harborer, and which is found to be at large within the corporate limits of the City of Southlake. 21. Vicious Animal - Shall mean any animal that, without intentional provocation, bites or otherwise attacks any human or other animal, or .constitutes a physical threat by reason of its continuous aggressive behavior toward humans�or other animals, or in a vicious or terrorizing manner approaches any person in an attitude of attack, whether or not the attack is consummated or capable of being consummated. Guard dogs and Police K-9 dogs are exempted from this definition when maintained in compliance with the provisions of this Ordinance and state law. 22. wild Animal - Shall mean all species of animals which exist in a natural unconfined state and are usually not domesticated. ARTICLE III ANIMAL ESTABLISHMENT PERMITS 3.01.- No person, partnership or corporation shall operate a commercial animal establishment or kennel unless the establishment is located in a properly zoned area and unless a permit has first . been obtained- in compliance with current, City -policies in reference to this zoning. 3.02. If there is a change in ownership- of a commercial animal establishment, the -new owner must apply for a new permit. Permits are not transferable. 3.03. Every facility regulated by this chapter shall be considered a separate enterprise requiring an individual permit. 3.04. No fee may be required of any veterinary hospital, animal shelter, government. operated zoological park, school district, civic or charitable organization. ARTICLE IV. ANIMAL CONTROL 4.01. RESTRAINT 1. Every female dog or cat in the state of estrus, commonly referred to as being in season or in heat, shall be confined in a building or secure enclosure in such a manner that such female dog orA-_at cannot come into contact with- another animal except for planned breeding. slake\animal_ard _ 2. It shall be unlawful for an owner to allow any animal to molest or intimidate pedestrians, passersby or vehicles. 3. It shall be unlawful for an owner to allow any animal to damage, soil, defile, or defecate on private or public property, other than that of the animal's owner. It shall be a defense to the violation of allowing an animal to so defecate on private or public property if the owner immediately removes and properly disposes of the animal defecation. 4. It shall be unlawful for an owner to allow any animal to make noises in an excessive continuous or untimely fashion which causes unreasonable annoyance, disturbance or discomfort to a neighbor or others in close proximity to the premises where the animal is being kept or harbored.: These noises include, but are limited to, barks, whines or howls. 5. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than. that of the owner of the animal. Exceptions: This provision does not e p rtain to any animal within an automobile or motor vehicle of its owner or owner's agent, provided that when unattended said animal cannot exit or leave.the confines of said vehicle or is in the immediate visual or verbal proximity to the owner and under the immediate verbal control of this owner. 6. When on the owner's property, and not within visual proximity and verbal control of the owner, the animal must be confined to the premises by a substantial fence of sufficient design, density, strength and height to prevent the animal from escaping therefrom, or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal from escaping from the premises, or any other device suitable to ensure the animal remains on the premises of its owner. 4.02. CARE AND KEEPING OF ANIMALS 1. It will be unlawful for an owner to; fail to provide his animals) with sufficient wholesome and nutritious food, water in .'sufficient quantities, adequate ventilation, shelter space, slakelanimal.ord 5_ (} _ � a protection from the weather and veterinary care when needed. 2. No person shall beat, cruelly treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or any other, combat between animals or between animals and humans. 3. No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by an animal except, that it shall be lawful for persons to expose on is own property common rat poison, mixed only with vegetable substance if mixed, and located in a manner reasonably likely to prevent ingestion by animals other than rodents. 4. No person, except.a person licensed by -the Texas Parks and Wildlife Department, shall place or set out steel jaw leg and/or neck traps with the intent of trapping any animal. 5. No person shall own, possess, or have custody on his premises- any wild, dangerous or vicious animal, including a reptile, for display, training, or exhibit purpose, whether gratuitously or for a fee. This section shall not apply to zoological parks, performing animal exhibitions, circuses, or veterinary hospitals: 6. No person shall keep or permit to be kept any exotic animal. 7. Fowl, rabbits and guinea -pigs must be kept in a secure pen -or enclosure. Any enclosure in which fowl, rabbits or guinea -pigs are kept -must be cleaned and disinfected on a frequency sufficient to prevent any unsanitary conditions. No more than a total number of six (6) fowl, rabbits or guinea -pigs, or a combination of fowl, rabbits or guinea -pigs, whose number equals six (6),-shall be kept on any premises except where permitted by the municipal zoning Ordinance under regulations relating to agricultural or commercial operations. 8. It shall be unlawful to keep bees in such a manner as to deny the reasonable use and enjoyment of adjacent property or endanger the personal health and welfare of the inhabitants of the City. 9. The owner of every animal shall be responsible for th5V removal and lawful disposition- of any excrement deposited by his animal(s) on public or private property including his own when such waste stake\animet.ord -6- 0 has accumulated in such quantities or in such manner as to become a health and sanitation hazard in the opinion of the Animal Control Officer. 10. All feed provided for animals, excluding bailed hay products for livestock, shall be stored and kept in rat -proof boxes, containers, or receptacles. Horse stables, livestock farms and ranches within the corporate city limits must carry out a continuous and active rat and fly control program. 11. It shall be unlawful for the owner, operator, agent or driver of any truck, trailer or other vehicle that has been used for the hauling of any livestock, animals or fowl to park in or on any roadway, highway, street, alley, vacant lot or tract of land, either public or private, or in any service station -or garage within the corporate limits of the City, with said vehicle containing manure, excrement or liquid discharge of such livestock, animal or fowl, when such vehicle emits an odor, gas, or fumes caused by the contents of the vehicle, which would be reasonably expected to be offensive to persons of reasonable sensibilities who might be in the immediate vicinity. 12. It will be unlawful -for the owner, operator, agent or driver of any such vehicle. -to fail or refuse. after having been notified by a police officer, Animal Control Officer, health officer, or Code Enforcement Officer to move such vehicle to a location that would not disturb the inhabitants of the City. 13. The City of Southlake shall have the authority to immediately remove such vehicle when said vehicle is in violation of K and L of this section. 14. No person shall abandon an animal within the corporate limits of the city of Southlake regardless of the origin of the animal. 15. It shall be unlawful for any person to allow an estray to be unattended upon a public street, alley, thoroughfare or upon property of another in the corporate limits of the city without proper permission. The burden to prevent such action shall rest with the person having ownership or right to immediate possession of such estray. 16. Thpge animals that fit the definitiorr of estray are subject to impoundment in accordance of the Policies and procedures related to this Ordinance. stake\animal.ord �_ I 4.03 GUARD DOGS. L, All dogs trained for the sole purpose of protecting property or persons shall be registered with the City of Southlake. The area or premises in which such a dog is confined shall be conspicuously posted with warning signs bearing letters not less than two (2) inches high, stating "GUARD DOG ON PREMISES." ARTICLE V. ANIMAL SHELTERS 5.01 STANDARDS FOR ANIMAL SHELTERS 1. Each animal shelter operated in this City shall comply with the standards for housing and sanitation as set forth by the Texas Department of Health. 2. An animal -shelter shall separate animals in its custody at all times, by specie, by sex if known, and if the animals are not related to one another, by size. 3. An animal shelter may not confine healthy animals with sick, injured, or diseased animals. 4. Each person operating an animal shelter shall keep records of the date disposition of the animals in its custody, and shall maintain the records on the premises of the animal .shelter, • and shall make the records available for inspection by -the Animal Control Officer at reasonable times. 5.02 PROHIBITED METHODS OF DEATH 1. A person commits an offense if a person kills a dog, cat or small animal in the custody of an animal shelter by shooting, except in emergency field conditions, by clubbing, by using a decompression chamber, or by administering any of the following: a. unfiltered or uncooled carbine monoxide; b. curariform drugs, used alone, including curare, succinylcholine, pancuroniun, and glyceryl fenesin; C. magnesium salts, used alone; d. chloral hydrate; e.� nicotine; or (W f. strychnine. slake\animal-ord 8- R 2 ARTICLE VI. RABIES CONTROL 6.01. RABIES VACCINATION 1. It shall be unlawful for any person to own, keep, harbor, or have custody or control .of a dog or cat over the age of four (4) months within the City of Southlake unless such a dog or cat is currently vaccinated against rabies by the injection of anti -rabies vaccine by or under the direct supervision of a licensed veterinarian. 2. A certificate from the veterinarian administering the vaccine is required, and such certificate shall contain the information as stated in the Policies of this Ordinance, and shall meet the minimum standards approved by the Texas Board of Health. 3. Every veterinarian whose office or place of business is located within the City. and every veterinarian designated by the City to provide services pursuant to this ordinance, whose office or place of business is located within or outside the City, shall keep detailed records of animal rabies vaccinations and, upon request of the Health Officer or Animal Control Officer, shall provide a listing of rabies vaccinations to the Animal Control Officer. The listing shall include the owner's name and address.,.. animal species, gender, date of vaccination, and whether the animal has been altered. 4. The veterinarian administering the .rabies vaccination shall issue a rabies tag to each dog and cat vaccinated. Each dog and cat shall wear the tag attached to a properly fitted collar or harness at all times. The tag shall contain the following information: a. The veterinarian's phone number; b• The year for which the vaccination is current; and C. An identification number by which the veterinarian can identify the animal's records. 5- Every owner of a dog or cat immunized against rabies as required herein -shall procure a rabies vaccination certificate from the veterinarian adwInistering the vaccine. Such certificate shall contain the following minimum information: stake\animat_ord 9 a. The owner's name, address, and telephone number. b. A description of the animal vaccinated. C. Date vaccinated. d. Veterinarian's signature and license number. 6.02. REPORTING RABIES AND TRANSMISSIBLE DISEASES 1. Any veterinarian who shall find any animal within the city limits afflicted with rabies or any other disease which is transmissible from animal to humans shall immediately report to the city health officer or Department of Public Safety such case together with the name and address of the owner, if known, and the location of the premises where the animal can be -found. 2. Persons having knowledge of any animal exhibiting symptoms of rabies, or that has bitten, scratched or otherwise attacked an individual or other animal, or that the person suspects to be rabid or could reasonably foresee as capable of transmitting rabies, shall report the animal or incident to the Animal Control Officer, Department of Public Safety, or the Rabies Control Officer as soon as possible,'.but not .later than twenty- four (24) hours from the time of the incident. The report shall include the name and address of any victim and the owner of the animal, if known, and any other information known and relating to the incident or animal. 3. Every physician or other medical practitioner who treats•a person for any animal bite shall, within twenty-four (24) hours, report such treatment to the Animal Control Officer, giving the name, age, sex and precise location of the bitten person and such other information as the City designee may require. 6.03. IMPOUNDMENT Every animal that has rabies or symptoms thereof, or every animal that is believed to have rabies, shall be impounded in accordance with the policies and procedures of this Ordinance. It shall be unlawful for an owner of such .an animal to refuse to surrender such animal to the Animal Controf Officer. 6.04. USE ANDAALE OF RABIES VACCINE slake\animat.ord ��_ The provisions restricting the use and sale of rabies vaccine for animals as set forth in Chapter 826 of the Health and Safety Code, V.T.C.S., are hereby adopted by reference, a copy of which is on file in the office of the City Secretary, and as amended from time to time. �A,Xq= vII. IMPOUNDMENT 7. 01i Animals may be impounded by the Animal Contr9l Officer under any of the following circumstances: 1. Unrestrained dogs or cats or animals at large; 2. A dog or cat that is not wearing a valid current rabies vaccination tag; 3. An animal that is reasonably suspected of having inflicted bodily harm on any human being or animal, or who poses a threat to public safety or constitutes a public nuisance; 4. A vicious, prohibited or unmuzzled animal in a place of public assembly; 5. An animal who is not cared for as required by this Ordinance; 6. An animal with rabies or symptoms thereof, or that (, a person could reasonably suspect as having rabies or that bites, scratches or otherwise creates a condition which may have exposed or transmitted the rabies virus to any human being or animal; 7. An animal not kept in conformity with this Ordinance; 8. An animal that is suspect of having been treated cruelly; or 9. Any animal made subject to impoundment pursuant to other provisions contained within this Ordinance. 7.02 Animals shall be impounded at an Animal Shelter designated by the City Council. If the owner of the animal can be identified, the owner shall be responsible for all costs incurred due to the impoundment. .7.03 Impoundment procedures, including but not limited to manner of impoundment, fees, length of time animals shall be impounded, redemption and disposal shall be set forth in policies adopted in conjunctibn with this ordinance, and as from- time to time amended. slakekanimal.ord ARTICLE VIII. CONTRACTING WITH OTHER AGENCY OR INDIVIDUAL The City of Southlake may contract with any other governmental agency, private person, firm or corporation, to perform all or part of the services or activities set forth in this Ordinance, or for services for impoundment, redemption, licensing, care, boarding, veterinary care and associated functions to include enforcement of any parts of this Ordinance.or its associated policies. ARTICLE I%. FEE SCHEDULE A fee schedule for animal control related matters shall be established by resolution and adopted by the City Council to be incorporated in the policies and procedures associated with this ordinance. ARTICLE S. ENFORCEMENT AND PENALTIES 10.01. ENFORCEMENT 1. The Animal Control Officer or his designee shall have the following powers: (a) The officer shall perform those tasks necessary to fulfill the pbjectives and requirements outlined by this Ordinance.. (b) For the purpose .of discharging the duties imposed by the provisions contained herein or other applicable laws and to enforce the same, the Animal Control Officer, Code Enforcement Officer, or other duly authorized representative or employee of the City of Southlake shall have the right of ingress and egress and may enter upon private property to the full extent permitted by law, which shall include, but not be limited to, entry upon private property when in pursuit of any animal. which is believed subject to impoundment, for abandonment, disease, cruelty, or viciousness. (c) The officer shall have the right to inspect all areas where animals are kept when the health, safety and welfare of an animal is in question or public health and safety concerns are identified. 2. It shall be a violation of this Ordinance, to interfere with the Animal Control Officer, a poAce officer, health officer, or duly authorized person acting on the behalf of the City of Southlake in the performance of his duties slake\animal_ord -12- A N relative to fulfilling the provisions contained herein. 10.02. PENALTIES. Any person, firm or corporation who shall violate any of the provisions of this Ordinance, or fail to comply therein or with any of the. provisions thereof, shall be guilty of: a misdemeanor, and upon conviction shall be fined in a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), and each and everyday's violation shall constitute a separate and distinct offense. ARTICLE XI. REVIEW The City Manager may require a periodic review of the fee schedule and the policies and procedures associated with this Ordinance by the Animal Control Officer or any other staff member as the City Manager may deem appropriate, and if the City Manager determines that changes need to be made he shall make recommendations to the City Council regarding these changes. ARTICLE XII. CONFLICTS AND SAVINGS CLAUSE 12.01. CONFLICTING ORDINANCES All other Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. 12.02. SEVERABILITY CLAUSE If any provision of this chapter shall beheld void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. ARTICLE XIII. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after the date of its publication and passage by the City Council as provided by law. slake\animal.ord PASSED AND APPROVED ON FIRST READING ON THIS T DAY OF 1991. ci= •CIA.41 =ice-•' : a ;v= MAYOk ATT ST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF r l ��SOv j H L � 4.'%,,����' MOOR j=. • y' ATT ST: Ouuuuua•�``CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: n ^0uj-%% ADOPTED • EFFECTIVE: •�i_ / �'1 �I l slake\animal.crd -1G- , a — City of Southlake, Texas MEMORANDUM June 28, 1996 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Ordinance No. 644, 1st Reading, Registration For Painting Address Numbers on Street Curbs There are those companies that will come into a community and charge the citizens for painting their address numbers on the curb, and to gain an advantage in their persuasion, they will indicate that the City has either authorized, or requires, that this be done. In order to protect our citizens from deceptive practices and other criminal activity, and the disruption of citizen privacy, we think that it is in their best interest to regulate these persons. Ordinance No. 644 provides in Section 3. an application process; Section 4. a registration fee of $10.00 that is valid for one year; Section 5. provides for the Director of Public Safety to review the applicants submitted by the City Secretary; Section 6. provides for the denial of registration under certain criteria; Section 7. provides for regulations that the vendor must follow. This includes a statement informing the citizens that the company is not attached to the city of Southlake through any endeavor, including endorsement or sponsor, and that it is not a requirement of the City to paint a number on the curb; Section 8. provides for revocation or suspension of the registration; Section 9. provides the Appeals process; Section 12. provides for the penalty phase. Ifyou have any comments or questions, please feel free to call. BC/bls s '� ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH RAKE REQUIRING REGISTRATION FOR PERSONS WHO ENGAGE IN THE BUSINESS OF PAINTING ADDRESS NUMBERS ON STREET CURBS; PROVIDING REGULATIONS; ESTABLISHING A REGISTRATION FEE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABHXI Y CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has determined that in order to prevent crime, including deceptive practices, fraud and burglary, it is necessary to register and regulate the occupation of those persons who engage in the business of painting address numbers on street curbs; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS; SECTION 1. Purpose The purpose of this ordinance is to protect the citizens against crime, including deceptive practices, fraud, and burglary, to minimize the unwelcome disturbance of citizens and the disruption of citizens' privacy, and to preserve the public health, safety, and general welfare by registering and regulating those persons engaged in the business of painting address numbers on street curbs. 4\fi1es\s1ake\ordinance\curb (10/17/95) SECTION 2. Definition; Registration Required "Curb painting vendor" means a person who engages in the business of painting address numbers on street curbs for remuneration. A person shall not engage in the business of painting address numbers on street curbs for remuneration in the city without first registering with the city and obtaining a registration certificate from the city secretary. SECTION 3. Application A curb painting vendor shall submit an application for registration, which shall be made under oath and which shall contain: (a) proof of identification and address of the applicant, to be provided through the applicant's driver's license, articles of incorporation, or other legally recognized form of identification; (b) if the applicant is employed by another, the name and business address of the employer; (c) the location or locations at which the applicant will be soliciting business; and (d) if the applicant has been convicted of a felony, misdemeanor, or ordinance violation involving fraud, a sex offense, trafficking in controlled substances, or of any violent acts against persons or property within five years preceding the date of application, a description of each such conviction. The description shall include the date the offense occurred, the date of the conviction, the location of the offense, the offense of which the applicant was convicted, and the sentence received. For purposes of this section, a f:\files\slake\ordinance\curb (10/17/95) 2 $-Z-3 conviction shall be deemed to have occurred if an applicant is ordered to be placed upon deferred adjudication or community supervision. SECTION 4. Fees and Duration An applicant for registration shall pay, at the time of application, an annual fee of $10 for each employee who will be soliciting. The registration shall be valid for one year. SECTION S. Review of Application (a) Upon receipt of an application, the city secretary shall review the application and if it is satisfactory, deliver a registration certificate to the applicant, and forward a copy of the certificate to the Director of Public Safety. (b) The registration certificate shall show the name and address of the applicant, the registration number, the dates of issuance and expiration of the certificate. It shall also contain a statement in bold print that the holder of the certificate is not sponsored, or employed by or in any way representing the city. (c) The registration certificate must be carried by the curb painting vendor while engaging in the performance or solicitation of business. (d) A registration certificate shall be used only by the person to whom it is issued and may not be transferred to another person. SECTION 6. Denial of Registration (a) The city secretary shall deny an application for registration if the city secretary Lfinds any of the following to be true: f:\files\slake\oaddinance\curb (10/17M) j �y L.� D— 3 I application. (1) An investigation reveals that the applicant falsified information on the (2) Within five years preceding the date of application, the applicant has been convicted of a felony, misdemeanor, or ordinance violation involving a sex offense, fraud, trafficking in controlled substances, or any violent acts against persons or property. (b) A denial and the reasons for the denial shall be noted on the application, and the applicant shall be notified of the denial by notice mailed to the applicant at the address shown on the application or the last known address. SECTION 7. Regulations A curb painting vendor shall: (a) use black paint only to paint curbs; (b) not engage in solicitation activities between the hours of 9:00 P.M. to 9:00 a.m.; (c) not solicit business at a residence or business that has a sign posted giving notice that solicitors are not welcome, such as "no solicitors." (d) include the following statement in bold and conspicuous type in any brochure, pamphlet or flier soliciting customers for or advertising the curb painting vendor's services: '"The City of Southlake does not endorse or sponsor this business and does not require that you paint your curb." L•\tiles\slake\ocdina \curb (10/17/95) 4 s-e)-5 SECTION & Revocation or Suspension of Registration A registration certificate issued pursuant to this ordinance may be revoked or suspended by the City Secretary, after notice and hearing, for any of the following reasons: (a) fraud, misrepresentation, or false statement contained in the application for registration; (b) fraud, misrepresentation, or false statement contained in the application for registration; (c) conviction for a crime described in Section 6(a)(2); (d) violation of the regulations described in Section 7; or (e) conducting solicitation activities in such a manner as to create a public nuisance, constitute disorderly conduct, or endanger the health, safety, or general welfare of the public. SECTION 9. Appeals (a) A person who is denied registration or whose registration is revoked or suspended by the City Secretary, may appeal the decision to the city manager by filing notice of appeal with the city secretary within 15 days after the notice of the decision is mailed to the address indicated on the application or the last known address of the curb painting vendor. (b) Within 10 days of the receipt of the notice of appeal, the city manager shall set a time and place for a hearing on the appeal which shall be not later than 30 days from the date of receipt of the notice of appeal. f:\fiks\slake\ordinance\curb (lo/17/95) 5 (c) Notice of the time and place of the hearing shall be delivered to the appellant by mail, sent to the address indicated on the application or the last known address of the appellant. (d) The decision of the city manager on the appeal is final. No other administrative procedures are provided by the city. SECTION 10. 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 11. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. f:\files\slake\ordinance\curb (10/17/95) 6 SECTION 12. 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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 13. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public; and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 14. 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 or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 15. 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. E\files\slake\ordinance\curb (10/17/95) % - 6 - lJ PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1"5. MAYOR ATTFST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1"5. EFFECTIVE: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney f:\files\slake\ordinance\curb (10/17/95) 8 ORDINANCE NO. � �-¢ AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING MEETING TIMES FOR REGULAR MEETINGS FOR THE CITY COUNCIL; PROVING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2.09 of the Southlake City Charter provides that the City Council shall hold two regular meetings per month at a time to be fixed by ordinance; and WHEREAS, Section 2.11 of the Southlake City Charter states that the Council shall provide for citizen participation at any meeting and the Council wishes to encourage citizen participation; and 4 WHEREAS, such participation may be directly correlated to consistent meeting times. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF SOUTHLAKE, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That notice of this ordinance was posted at least 72 hours prior to the meeting at which it is being considered. Section 3. That the City Council hereby declares that regular meetings of the City Council shall begin at 6:00 p.m., provided, however, that work sessions shall begin at 5:00 p.m., and executive sessions shall begin at 6:00 p.m., and consideration of the agenda will begin at 7:00 (W p.m. 7 11 Section 4. All other Ordinances, or parts of Ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. Section 5. If any provision of this Ordinance shall be held void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. Section 6. This Ordinance shall be in full force and effect from and after the date of its publication and passage by the City Council as provided by law. PASSED AND APPROVED ON FIRST READING ON THIS , 1996. MAYOR ATTEST: CITY SECRETARY DAY OF PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1996. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: 1% c_-3 MAYOR ATTEST: CITY SECRETARY DEBRA A. DRAYOVITCH �w FIELDING, BARRETT & TAYLOR, L.L.P. ATTORNEYS 3400 BANK ONE TOWER 500 THROCKMORTON STREET FORT WORTH, TEXAS 76102 _"3821 TELEPHONE (817) 332-2580 (800) 318-3400 FAX (817) 3324740 Curtis Hawk City Manager City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: Dear Curtis: April 4, 1996 Ordinance creating offense of violation of promise to appear for ordinance violations in Municipal Court Betsy Elam has asked that I write you regarding the offense of failing to appear in municipal court for violation of a city ordinance. If a person signs a promise to appear in court to answer to a traffic violation, and then fails to appear, he has committed an offense under Sec. 543.009 of the Texas Transportation Code. If a peace officer arrests a person or issues a citation for violating an ordinance and requires the person to appear in court as a condition of his release, the person commits an offense under Sec. 38.10 of the Texas Penal Code if he fails to appear. Neither of these statutes address the situation where a city employee, such as the fire marshal, animal control officer or code enforcement officer, issues a citation to a person for a violation of a city ordinance, and the person signs a promise to appear in court and fails to do so. In reviewing the City's ordinances, I was unable to locate an ordinance which makes it an offense for an individual to violate a promise to appear in Court to answer to a citation issued by a city employee. This is important as there could be consequences adverse to the City if a defendant is arrested for failing to appear and there is no supporting ordinance. Thus, the City should adopt an ordinance to establish an offense for a defendant's violation of written promise to appear in court to answer to a citation issued by a city employee. (::-� t�>-\ Curtis Hawk April d, 1996 Page Two Enclosed is an ordinance which provides that a person commits an offense if he fails to appear in accordance with a written promise to appear in court for citations issued by designating city employees. You should list those employees who are authorized to issue citations for violations of city ordinances in the blank space in Section 1 of the ordinance. Enumerating those positions in the enclosed ordinance will foreclose any questions about the employees' authority. You may simply list the Department Heads and their designees, or include the code enforcement officer, building official and fire marshal, if applicable. Should you have any questions in this regard, please give Betsy or me a call. DAD/re enclosure f: \files\slake\letters\hawk.d02 N Sincerely, Debra A. Drayovitc ORDINANCE NO. AN ORDINANCE DESIGNATING THOSE CITY EMPLOYEES WITH AUTHORITY TO ISSUE CITATIONS FOR VIOLATIONS OF CITY ORDINANCES; REQUIRING PERSONS WHO SIGN A PROMISE TO APPEAR BEFORE THE MUNICIPAL COURT TO APPEAR IN COURT; ESTABLISHING AN OFFENSE FOR FAILURE TO APPEAR; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section S of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council wishes to designate those City employees who are authorized to issue individuals citations to appear in municipal court for alleged violations (W of city ordinances and to make it an offense for an individual who has received a citation and executed a written promise to appear to fail to appear before the court; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Authority to issue citations Each of the following employees shall have the power to issue one or more citations for violation of city ordinances that the employee is charged with the responsibility of enforcing: f.\files\southlake\ordinance\citation (04/04/96) 1 Page 1 SECTION 2. Violation of promise to appear (a) A person lawfully released from custody, whether by posting bond or by signing a written promise to appear, on condition that he subsequently appear in the municipal court, shall appear in accordance with the terms of his release. (b) For purposes of this section, "custody" means an arrest or a detention for purposes of issuing a written citation by a police officer or by a person authorized to issue citations under section 1 of this ordinance. SECTION 3. 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 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. C f:\files\southlake\ordinance\citation (04/04/96) Page 2 SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting municipal court or failure to appear which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. 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 Five Hundred Dollars ($500.00) for each offense. Each day that a (W violation is permitted to exist shall constitute a separate offense. SECTION 7. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. f:\files\southlake\ordinance\citation (04/04/96) '1 Page 3 Q-5 SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1996. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: (only if ord has a publication clause) APPROVED AS TO FORM AND LEGALITY: LCity Attorney f:\files\southlake\ordinance\citation (04/04/96) t _ Page 4 City of Southlake, Texas June 28, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: PruneCo Personal Communications L.P. Ground and Tower Lease Agreement BACKGROUND: Dallas MTA L.P., a Delaware Limited Partnership; by it's sole general partner PrimeCo Personal Communications L.P., a Delaware Limited Partnership (PPC) has requested an agreement with the City of Southlake to place an antenna on the Florence Water Tower, to obtain a right of access and a right to install any necessary appurtenances. The summary of the agreement is as follows: • LB. - The lease property will have landscaping and fencing as determined by the City. The consultant is designing areas for the equipment building. • 2.A. - PPC will lease the property for $11,040 per year for an initial term of five (5) years from commencement date. Every five (5) year extension period will increase the annual rent by fifteen percent. • 4.A - The City retains the right to approve, disapprove or request modifications to plans or any improvements or modifications installed by PPC. PPC must obtain all of the certificates, permits, licenses, or any governmental approvals required by federal, state, or local authority. • 4. F.- PPC may terminate this lease any time after ten (10) years upon one year prior written notice to City and the City may terminate this lease after five (5) years in the same manner. City may terminate this lease at any time upon 30 days written notice to PPC, should the water tower be removed or dismantled. PPC may not sublease the property without written consent of the City. 8:C. - If the Tower is damaged or destroyed, the City shall deliver by written notice to PPC within twenty days after receipt of notice from City's insurance company, whether the city will or will not repair, restore or reconstruct the tower. If the City chooses not to restore property,. PPC may abate rent for the unused period. PPC agrees to indemnity and hold the City harmless against any and all claims of liability 10A-1 IM CURTIS E. HAWK PRIMECO PERSONAL COMMUNICATIONS JUNE 28, 1996 PAGE 2 for personal injury or property damage and City agrees to same. PPC shall provide the City with a certificate of insurance not less than $500,000 for injury to any one person, $1,000,000 for all injuries sustained by more than one person in any occurrence, and $1,000,000 for damage as a result of any one accident. 18.B. - Non-interference clause requires both PPC and the City to eliminate any frequency interference between existing and future uses. 18.B. - Only qualified and adequately insured persons will be allowed to climb the tower. [No PPC employee, agent, contractor or person will be allowed in the tower without a water utility employee with them.] • 23.A. - This agreement is not a franchise and does not authorize PPC to use City right-of- way to conduct a telecommunications business in the City. If the City determines that a franchise is required for PPC to conduct its telecommunications business in the City, the City will expect PPC to obtain a franchise in accordance with law. COMWENTS: Staff's recommendation is for the Dallas MTA L.P., a Delaware Limited Partnership; by it's sole general partner PrimeCo Personal Communications L.P., a Delaware Limited Partnership Ground and Tower Lease Agreement to be placed on the July 2, 1996 Regular City Council Agenda for City Council review and consideration. Attachment: Lease Agreement C:\WPWIN60\WPDOCS\AGREEMEN.INT\PRIMCO\FLORENC 1.MEM 10A-2 GROUND AND TOWER LEASE AGREEMENT on SITE ID: R0036A THIS GROUND AND TOWER LEASE AGREEMENT ("Lease") is entered into as of this day of 11996, by and between City of Southlake, Texas, a municipal corporation ("OWNER"), and Dallas MTA L.P., a Delaware Limited Partnership,by it's sole general partner PrimeC6,P,ersonal Communications L.P.',.a Delaware Limited Partnership (PPC). In consideration of the premises and of the mutual obligations and agreements in this Lease, the parties agree as follows: 1. THE PROPERTY A. OWNER is the titleholder of that certain real property commonly known as Florence Elevated Storage Tank at 635 Brewer St., City of Southlake, County of Tarrant, State of Texas ("OWNER's Property") which is described on the attached Exhibit "A L" The parties agree that the legal description of OWNER's Property may be attached as Exhibit "A 1 " after execution of this Lease. B. PPC hereby desires to lease a portion of OWNER's Property, and a certain portion of the elevated water storage tank ("Tower") located on OWNER's Property, together with obtaining a right of access and a right to install utilities (the "Property") as set forth in Exhibit "AT'. The Property and landscaping requirements, including any fencing, are to be determined by the OWNER. In addition, PPC shall have the right to run cables and wires under, over and across OWNER's Property to connect PPG's equipment on the Tower to its equipment in its facility located on the Property as approved by OWNER. PPC may park its vehicles on OWNER's Property when PPC is constructing, removing, replacing, and/or servicing its communications facility. C. PPC covenants and agrees that it has inspected the Tower and the Property and that it does not rely on any representation of OWNER as to the condition of the Property or Tower or their suitability for the purposes and uses herein intended. PPC accepts the Property in its present condition and finds it suitable for the purposes herein intended. OWNER hereby grants PPC the right to obtain a title report, soils tests, and other engineering procedures or environmental investigations on, under and over the Property necessary to determine that PPCs's use of the Property will be compatible with PPG's engineering specifications, system, design, operations and Governmental Approvals (hereinafter defined). D. OWNER and PPC further agree that the Property (including an access right-of-way thereto but excluding the space on the Tower) may be surveyed by a licensed surveyor at the sole cost of PPC, and such survey shall then replace Exhibit "AT' and become a part hereof and shall control to describe the Property in the event of any discrepancy between such survey and the description contained in Paragraph I.B. above. LEASE AND EASEMENT OWNER leases the Property to PPC and grants to PPC a non-exclusive easement (during the term of this Lease) to access the Property (seven [7] days a week, twenty-four [24] hours a day) and to install, remove, replace, and maintain utility cables, conduits and pipes from the Property to the appropriate, in the discretion of PPC, source of electric and telephone facilities. 3. TERM AND RENT A. This Lease shall be for a initial term of five (5) years beginning on , 1996 ("Commencement Date") at an Annual Rent of Eleven Thousand Forty Dollars ($11,040), which rent shall be paid annually, in advance, beginning on the Commencement Date and on each anniversary thereof (partial years prorated) to OWNER or as OWNER may otherwise direct from time to time in writing at least thirty (30) days before any rent payment date. GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 10A-3 B. PPC is granted options to extend this Lease on these same terms and conditions for four (4) additional five (5) year extension period(s) after the original term expires. This Lease shall automatically be extended for the next extension period at the end of the then -current term subject to the termination requirements in Section 5. C. The Annual Rent for each extension period shall be the Annual Rent in effect for the final year of the prior term or extension period, as the case may be, increased by fifteen percent (15%). D. Should this Lease still be in effect at the conclusion of all the extension periods provided for herein, this Lease shall continue in effect upon the same terms and conditions [other than Annual Rent which shall be an amount equal to the Annual Rent in effect for the prior one (1) year period, increased by Paragraph 3.C. above for a further period of one (1) year, and for like annual periods thereafter, until and unless terminated by either party by giving to the other at least ninety (90) days written notice. of its intention to so terminate before the date this Lease expires. 4. USE OF THE PROPERTY A. PPC may use the Property for any lawful purpose, relating to construction, removal, replacement, maintenance, security and operation of a communications facility, including, without limitation, required PPC antenna array (as such antenna array may be modified, added to or substituted from time to time) and antenna support structures, and for any other uses incidental thereto. PPC shall not use or permit the Property to be used for any purposes other than described above without the written consent of OWNER, which consent will not be unreasonably withheld. Each such antenna or antenna support structure may be configured as requested by PPC from time to time provided PPC obtains, pursuant to Paragraph 4.13. , all permits and approvals required by applicable jurisdictions for such requested configuration notwithstanding the above. OWNER shall approve, disapprove or request modifications to plans for any improvements or modifications installed by PPC on the Property, which review and action shall not be unreasonably withheld or delayed. Improvement of the Property to meet PPG's needs shall be at PPC's sole expense, and PPC shall maintain such improvements to the Property in a reasonable condition throughout the term. B. OWNER acknowledges that PPG's ability to use the Property for its intended purposes is contingent upon PPC's obtaining and maintaining, both before and after the Commencement Date, all of the certificates, permits, licenses and other approvals (collectively, "Governmental Approvals") that may be required by any federal, state or local authority for the foregoing uses and improvements to the Property desired by PPC. OWNER shall cooperate with PPC in PPG's efforts to obtain such Governmental Approvals and shall take no action that would knowingly or intentionally adversely affect PPC's obtaining or maintaining such Governmental Approvais, so long as PPC is in compliance with applicable provisions of the Southlake City Charter, ordinances, and rules. 5. TERMINATION Provided PPC is not in default hereunder, if any of the following occurs, PPC shall have the right to immediately terminate this Lease by giving written notice to OWNER of such termination. A. PPC determines, in its sole discretion, that it will be unable to obtain all necessary Governmental Approvals for PPC intended use of and improvements to the Property desired by PPC; or B. PPC's application for any Governmental Approvals necessary for PPG's use of the Property and improvements desired by PPC's is denied; or C. any Governmental Approvals necessary for PPG's use of the Property and/or improvements to the Property, whether now or hereafter desired by PPC, are canceled, expired, lapsed or are otherwise, terminated or denied so that PPC, in its reasonable judgement, determines that it will no longer be able to use the Property for PPG's intended use; or. D. the Federal Communications Commission allocates the frequencies at which PPC may operate its antennas and equipment and may from time to time change such frequencies. Any change of this nature that, in PPC's reasonable judgement, renders its operation of a wireless communications facility at the Property obsolete; or E. if PPC determines that the Property has become unsuitable for PPC's operations due to changes in system or network design or in the types of equipment used in such operations or PPC's operations at the Property become unprofitable. GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 10A-4 2 F. Provided PPC is not in default hereunder and shall have paid all rents and sums due and payable to OWNER by PPC, PPC shall have the right to terminate this Lease at any time after ten (10) years upon one (1) year prior written notice to OWNER. OWNER shall have the right to terminate this Lease at any time after five (5) years upon one (1) year prior written notice to PPC. Notwithstanding anything contained herein to the contrary, OWNER shall have the right to terminate this Lease at any time upon thirty (30) days prior written notice to PPC should OWNER, in its sole discretion, determine that the Tower upon which PPC's equipment is to be installed should be removed or dismantled. Notwithstanding anything herein to the contrary, any breach, default or failure by PPC to perform any of the duties or obligations assumed by PPC under this Lease, or to faithfully keep and perform any of the terms, conditions and provisions hereof, shall be cause for termination of this Lease by OWNER in the manner set forth in this Paragraph. OWNER shall deliver to PPC ten (10) days prim written notice of its intention to so terminate this Lease, including in such notice a reasonable description of the breach, default or failure. If PPC shall fail or refuse to cure, adjust or correct same to the reasonable satisfaction of OWNER within said ten (10) days written notice to PPC, to terminate this Lease. Upon termination of this Lease, all rights, powers and privileges of PPC hereunder shall cease and terminate and PPC shall, within (10) days, vacate the Property and remove all of its improvements, fixtures and equipment. In the event PPC does not vacate the Property within said period, OWNER may, without being deemed guilty of trespass, and without any liability whatsoever on the part of OWNER, enter upon and take full possession of the Property and remove any and all improvements, fixtures and equipment not belonging to OWNER that may be found upon the Property without being liable for damages. Any termination notice rendered by PPC pursuant to this Paragraph shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Lease. 6. ASSIGNMENT AND SUBLETTING A. Except to a "Partner Company," "Affiliate," "Subsidiary" or a Subsidiary or Affiliate of a Partner Company of PPC (as defined below), PPC shall not assign this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise or mortgage or pledge the same, or sublet the Property, or any part thereof, without the prior written consent of OWNER such consent not be be unreasonably withheld or delayed. OWNER's consent to an assignment or sublease shall be deemed given if OWNER does not respond to PPC's request within ninety (90) days after OWNER's receipt of such request. B. NYNEX, Bell Atlantic, Air Touch Communications and U.S. West are each a Partner Company. An Affiliate of an entity is any corporation with fifty-one percent (51 %) or more of the stock of which is owned, directly or indirectly, by such entity. A Subsidiary of an entity is any corporation eighty percent (80%) or more of which is owned by such entity. C. No consent by OWNER to any assignment or sublease by PPC shall relieve PPC of any obligation to be performed by PPC under this Lease, whether arising before or after the assignment or sublease. The consent by OWNER to any assignment or sublease shall not relieve PPC from the obligation to obtain OWNER's express written consent to any other assignment or sublease. D. Any sale or other transfer, including by consolidation, merger or reorganization, of a majority of the voting stock of PPC, if PPC is a corporation, or any sale or other transfer of a majority in interest (whether of profits, losses, capital or voting power) or a majority of the persons composing the managers of the partnership, if PPC is a partnership; shall not be an assignment for purposes of this Paragraph 6. 7. FIRE OR OTHER CASUALTY A. If the Tower, or access to it, is damaged or destroyed by a casualty, OWNER shall deliver written notice to PPC within twenty (20) days after receipt of notice from OWNER's insurance company, which notice from OWNER sets forth OWNER's election (a) not to repair, restore and/or reconstruct the Tower, or (b) to repair, restore and/or reconstruct the Tower. If, as a result of any sucl,asualty, the Property becomes totally or partially unusable by PPC, rent shall abate during the period of repair in the same proportion to the total rent as the portion of the Property rendered unusable bears to the entire Property. If OWNER elects to repair, then OWNER shall promptly commence appropriate repairs (to be diligently prosecuted to completion entirely at OWNER's expense), and this Lease shall continue in full force and effect. GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 10A-5 B. Notwithstanding anything contained herein to the contrary, OWNER is under no duty or obligation to repair the Tower in a manner that would accommodate PPC's equipment or antenna array. In the event that following repairs, the Tower is no longer suitable for PPC's intended uses, PPC's sole remedy shall be to terminate this Lease. C. If OWNER (a) undertakes the repair, restoration and/or reconstruction of the Tower or of any access thereto but fails to complete such repair, restoration, and/or reconstruction within forty-five (45) days after the casualty, or (b) notifies PPC of OWNER's intention not to repair, restore and/or reconstruct the Tower, or fails to deliver to PPC the written notice required under Paragraph 7.A. within twenty (20) days, then PPC may immediately cancel this Lease by giving written notice of its election to cancel to OWNER. INDEMNIFICATION AND INSURANCE A. PPC hereby agrees to indemnify and hold OWNER harmless from and against any and all claims of liability for personal injury or property damage to the extent that they result from or arise out of (i) the acts or omissions of PPC, its agents and employees in, on or about the Tower, including the Property, excepting however, such claims or damages as may be due to or caused solely by the acts or omissions of OWNER, its employees or agents, and/or (ii) PPC's breach of any term or condition of this Lease on PPG's part to be observed or performed. B. OWNER hereby agrees to indemnify and hold PPC harmless from any against any and all claims of liability for personal injury or property damage to the extent that they result from or arise out of (i) the acts or omissions of OWNER, its agents and employees in, on or about the Tower, including the Property, excepting, however, such claims or damages as may be due to or caused solely by the acts or omissions of owner, its employees or agents, and/or (ii) OWNER's breach of any term.or condition of the Lease on OWNER's part to be observed or performed. C. PPC shall provide OWNER with a certificate of insurance, issued by an insurance company licensed to do business in the state in which the Tower is located indicating that PPC carries comprehensive general liability insurance with limits of liability thereunder of not less than: bodily injury: $500,000 for injury to any one person and $1,000,000 for all injuries sustained by more than one person in any occurrence; property damage: $1,000,000 for damage as a result of any one accident. Such insurance shall name OWNER as an additional insured with respect to the Property. PPC will provide OWNER with a renewal `.� certificate within ten (10) business days of OWNER's request for such certificate. Any insurance required to be provided by PPC under this Paragraph 8 may be provided by a blanket insurance policy covering this the Property and other locations of PPC, provided such blanket insurance policy complies with all of the other requirements of this Lease with respect to the type and amount of insurance required. PPC may also fulfill its requirements under this Paragraph 8 through a program of self-insurance, subject to approval by OWNER, which approval shall not be unreasonably withheld. If PPC elects to self -insure, then PPC shall furnish OWNER with a letter stating that there is a self-insurance program in effect that provides for the same, or greater, coverage than required of PPC herein. All insurance policies furnished under this provision shall name OWNER as an additional insured. PPC agrees to furnish OWNER with certificates of insurance certifying that PPC has in force and effect the abov# specified insurance. D. Each hazard insurance policy carried by or on behalf of PPC insuring PPC's antennas and equipment located on or about the Property shall provide standard extended coverage, including without limitation, coverage against losses caused by fire. The parties further agree and hereby release each other with respect to any claim (including a claim for negligence)which the other party may have against such party for loss, damage or destruction of, or liability for damages to, the property of the other occurring during the term of this Lease, as same may be extended, and normally covered under a fire insurance policy with extended coverage. Notwithstanding anything contained in this Lease to the contrary, the provisions of the Subparagraph 8.1). shall control. 9. UTILITIES PPC shall be responsible directly to the serving entities for all utilities required by PPC's use of the Property; however, OWNER agrees to cooperate with PCC in its efforts to obtain utilities from any location provided by the OWNER or the servicing utility. Should electric power be provided by OWNER, PPC will install an electric meter and PPC's usage shall be read by OWNER or, at OWNER'S option, by PPC, on an annual basis and the cost of electricity used by PPC shall be paid by PPC to OWNER annually as a payment separate from rent and shall be computed at the then -current public utility rate. GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 10A-6 10. RIGHTS TO EQUIPMENT; CONDITION ON SURRENDER A. PPC's antennas and equipment shall remain personal to and the property of PPC. At the termination or expiration of this Lease, if notice is received from OWNER, PPC shall remove its antennas and/or equipment. PPC shall repair any damage caused by such removal, and shall otherwise surrender the Property at the expiration of the term, as same may have been extended, or earlier termination thereof, in good condition, ordinary wear and tear, damage by fire and other casualty excepted. Any of PPG's equipment or other property that has not been removed from the Property at the time of Lease termination shall be deemed abandoned by PPC and OWNER shall be free to dispose of same in any manner OWNER chooses and without any liability to PPC therefor. B. Any claims relating to the condition of the Property must be presented by OWNER in writing to PPC within one hundred eighty (180) days after the removal of antennas and equipment by PPC or OWNER shall be deemed to have irrevocably waived any and all such claims. 11. PPC DEFAULTS A. The occurrence of any one or more of the following events shall constitute an "Event of Default" hereunder by PPC: (1) The failure by PPC to make any payment of rent or any other payment required to be made by PPC hereunder, as and when due, where such failure shall continue for a period of ten (10) days after written notice thereof is received by PPC from OWNER. (2) The failure by PPC to observe or perform any of the covenants or provisions of this Lease to be observed or performed by PPC, other than specified in Paragraph 11. A. (1), where such failure shall continue for a period of ten (10) days after written notice thereof is received by PPC from OWNER; provided however, that it shall not be deemed an Event of Default by PPC if PPC shall commence to cure such failure within said ten (10). day period and thereafter diligently prosecutes such cure to completion. B. If there occurs an Event of Default by PPC, in addition to any other remedies available to OWNER at law or in equity, OWNER shall have the option to terminate this Lease and all rights of PPC hereunder. 12. NOTICES All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or to any other mailing address which the party to be notified may designate to the other party by such notice) or as otherwise provided under applicable state law. Should OWNER or PPC have a change of address, the other party shall immediately be notified as provided in this Paragraph of such change. Unless OWNER otherwise specifies in writing, rent checks from PPC shall be sent to the person listed below to whom.notices are sent. PPC: Dallas MTA L.P., a Delaware Limited Partnership, by it's sole general partner PrimeCo'Personal Communications L.P., a Delaware Limited Partnership (PPC) Property Manager Address: 6 Campus Circle, Westlake, Texas 76262 Telephone Number: (817) 258-1944 With a copy to: Legal Department Address: 6 Campus Circle Westlake, Texas 76262 OWNER: City of Southlake, Texas Attn: Curtis E. Hawk, City Manager GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 10A-7 Address: 667 North Carroll Avenue Southlake, Texas 76092 Telephone Number: (817)481-5581 Extension 702 13. SALE OR TRANSFER BY OWNER Should OWNER, at any time during the term of this Lease, sell, lease transfer or otherwise convey all or any part of OWNER'S Property to any transferee other than PPC, then such transfer shall be under and subject to this Lease and all of PPG's rights hereunder. 14. HAZARDOUS SUBSTANCES A. PPC represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws (as defined in attached Exhibit "B"). OWNER represents and warrants that it has received no notice of, nor has any knowledge of, any violations of any Environmental Laws affecting the Property. OWNER represents and warrants that, to the best of its knowledge, the Property has never been used for the use, generation, storage or disposal of Hazardous Substances as defined in Exhibit "B" attached hereto. B. OWNER shall be responsible for, and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law, of all spills or other releases of Hazardous Substances, not caused by PPC, that have occurred or that may occur on the OWNER's Property, arising from OWNER's activities on the Property. C. PPC agrees to defend, indemnify and hold OWNER harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's.fees that OWNER may suffer due to the existence or discovery of any Hazardous Substance on the OWNER's Property or the migration of any Hazardous Substance to other properties or released into the environment arising from PPC's activities on the Property during the term of this Lease. D. OWNER agrees to defend, indemnify and hold PPC harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that PPC may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment, arising from OWNER's activities on the OWNER's Property during the term of this Lease. 15. CONDEMNATION A. In the event the whole of OWNER's Property, including without limitation the Property and Tower, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then this Lease shall forthwith automatically cease and terminate. B. In the event any portion of the Property, including without limitation the Tower, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then OWNER agrees that PPC may use and/or construct upon an alternative portion of OWNER's Property which is equally suitable for PPC's purposes, provided such space is available. The exact site to which PPC may relocate will be determined by OWNER, and it may be upon any portion of OWNER's Property (or other property owned or controlled by OWNER) provided that PPC reasonably approves the site as equally suitable for PPG's intended uses. OWNER will designate a site to which PPC may relocate prior to the taking, condemnation or sale. In the event no alternative portion of the OWNER's Property is equally suitable for the purposes of PPC, then PPC may terminate this Lease. C. OWNER shall receive the entire condemnation award for land, Tower and such other improvements as are paid for by OWNER, and PPC hereby expressly assigns to OWNER any and all right, title and interest of PPC now or hereafter arising in and to any such award. PPC shall have the right to recover from such authority but not from OWNER, any compensation as may be awarded to PPC on account of the leasehold interest of PPC now or hereafter arising in and to any such award. PPC shall have the right to recover from such authority, but not from OWNER, any compensation as may be awarded to PPC on account of GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 1OA-8 ro the leasehold interest, moving and relocation expenses, and deprecation to and removal of the personal property and fixtures of PPC. CM 16. LIENS PPC shall keep the Property free from any liens arising out or any work performed, materials furnished, or obligations incurred by or for PPC. PPC shall, within twenty (20) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond. No work which OWNER permits PPC to perform on the Property shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reason of its consent to such work. OWNER shall have the right to post notices that it is not responsible for payment for any such work. 17. TAXES PPC shall be liable for and shall pay to the applicable taxing authority if billed directly to PPC, or to OWNER if billed to OWNER, upon thirty (30) days prior, written notice from OWNER, any and all taxes and assessments levied against any personal property or trade or other fixtures placed by PPC in or about the Property. PPC shall pay as additional rent any increases in real property taxes levied against OWNER's Property, including the Tower, as a result of improvements constructed by PPC on the Property. PPC will not be responsible for any increases in real property taxes which are a result of reassessment of OWNER's Property due to any sale or transfer of ownership thereof. 18. QUIET ENJOYMENT AND NON-INTERFERENCE A. OWNER warrants and agrees that PPC, upon paying the rent and performing the covenants herein provided, shall peaceably and quietly have and enjoy the Property. B. PPC covenants and agrees that PPG's equipment, its installation, operation and maintenance will: (1) Not interfere with the operation of existing radio equipment at the Tower, whether operated by OWNER v..- )r other operators prior to installation of PPG's antennas and/or transmission lines on the Tower. PPC shall coordinate with OWNER and all other operators of radio equipment at the Tower to insure that PPC's frequencies and antenna locations will be compatible with said existing radio equipment. In addition, in the event OWNER desires to install additional radio equipment at the water tower site in the future, PPC agrees to take all reasonable measures to eliminate any interference with said radio equipment, however, in no event shall PPC be required to move its antennas or equipment on the tower site or the equipment building. In the event there is harmful interference to said electronic equipment, PPC will promptly take.all steps to eliminate said harmful interference with ten (10) days after notice from OWNER or such other operator to PPC advising of the interference. If said interference cannot be eliminated within thirty (30) days of notice thereof, PPC agrees to suspend operations (transmissions) at the site while the interference problems are studied and a means found to mitigate them. If said interference cannot be eliminated, then PPC shall remove its building and equipment from OWNER's Property and this Lease shall thereupon be terminated. (2) During the term of this Lease or any extension thereof, OWNER shall not permit other tenants, to place or operate any equipment which would interfere with PPG's equipment or operations on the OWNER's Property or Property. OWNER shall cause that all subsequent tenants on the Tower to first coordinate with PPC to ensure that their frequencies and antenna locations will be compatible with PPG's and to agree to a clause similar to this Paragraph 8.A. herein, promising to immediately eliminate harmful interference if said tenant's radio equipment should interfere with that of PPC herein. C. Comply with all applicable rules and regulations of the Federal Communications Commission, and electrical codes of City of Southlake and for State of Texas. Under this Lease, the OWNER assumes no responsibility for the licensing, operations and/or maintenance of PPC's equipment, antennas, transmission lines or attachments. N%- D. This Paragraph 18 is made subject to Paragraph 19.17. GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 10A-9 19. COORDINATION OF OPERATION A. OWNER agrees (i) to use its best efforts to minimize inconvenience to PPC by using its best efforts not to cause " or permit any interruption or interfere with the operations of PPG's antennas or equipment, during the hours of 4:00 p.m. to 7:00 p.m. on any weekday, and (ii) to give PPC notice of any repairs, alterations, additions or improvements to be made with respect to the maintenance and operation of the Tower and the Property or of any planned shut downs associated with the Tower for scheduled or routine maintenance that might adversely affect the operation of PPG's wireless communications facility, antennas or equipment. B. Only qualified and adequately insured employees, agents, contractors or persons under PPC's direct supervision will be permitted to climb the Tower and to install, maintain, or remove PPG's antennas and/or equipment from the Tower. OWNER retains the right to permit its own employees and agents and employees and agents of the subsequent users of the Tower to climb the Tower for the purpose of repair and maintenance or for any other purposes that do not interfere with PPG's use of the Tower, and so long as PPC complies with the provisions of Paragraph 19 of this Lease. C. OWNER shall not permit any person, including without limitation any contractor, employee, agent, tenant, or invitee, to work within a ten (10) foot radius of PPG's antennas unless PPC is notified prior to such activity. OWNER agrees to give PPC reasonable advance written notice (except in the case of emergency where advance written notice cannot be reasonably given, in which event, OWNER shall give PPC telephonic notice (at 1-817-258-1000) of repairs, alterations, additions, or improvements to be made with respect to the maintenance and operation of the Tower and the Property within such radius of the antennas. D. In the event that OWNER determines that any equipment or operation of PPC causes radio interference, as defined and regulated by the Federal Communications Commission, or interferes with the operation or use of the Tower or with any of OWNER's facilities or OWNER's equipment on the Tower, then PPC shall have thirty (30) days within which to correct such radio interference, pursuant to Paragraph I I .A. (2) hereof. Unless such. interference is with OWNER's emergency communications then such interference shall be corrected immediately or terminated. �.o E. It is further understood and agreed that OWNER may perform reasonable routine maintenance, painting, etc. of the Tower without compensation or liability to PPC, even though such maintenance and painting may cause interference with PPG's operations. OWNER shall notify PPC at least sixty (60) days prior to any scheduled maintenance or painting on the Tower that will be likely to interfere with the operation of PPC's equipment and allow PPC to construct and operate temporary facilities on OWNER's Property. OWNER shall not be required to notify PPC prior to performing any emergency maintenance on the Tower. 20. LIGHTING OF ANTENNAS OWNER hereby agrees that, if because of PPC's operations on the Property any laws or regulations of the Federal Aviation Administration, Federal Communications Commission or any other relevant governmental agency or body require or recommend that PPG's antennas and/or the Tower be lit and/or marked, PPC may install and maintain such lighting and markings. In no event, however, shall PPC be responsible for the installation or maintenance of any lighting or markings required by.the operations of OWNER or any other tenant in the Tower. OWNER will permit PPC access to all portions of the Tower that PPC may need in order to check and replace such required or recommended lighting or marking. 21. BROKERS OWNER and PPC represent to each other that they have not negotiated with any real estate broker in connection with this Lease. 22. ESTOPPEL CERTIFICATES A. OWNER, at the request of PPC, shall provide PPC with a certificate stating: (1) whether OWNER has any claim against PPC and if so, stating the nature of such claim; (2) that OWNER recognizes PPC's right to PPC's antennas, equipment and other property; (3) that PPC has the right to remove PPC's equipment and other property from the Property notwithstanding that same may be considered a fixture under local law; and (4) that OWNER has no interest in and disclaims any interest to PPC's GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 10A-10 equipment and other property. B. PPC, at the request of OWNER, shall provide OWNER with a certificate stating: (1) that this Lease is unmodified and in full force and effect (or, if there has been any modification, that the same is in full force and effect as modified and stating the modification); (2) whether or not, to PPG's knowledge, there are then existing any set -offs, or defenses against the enforcement of any of the agreements, terms, covenants or conditions hereof upon the part of PPC to be performed or complied with (and, if so specifying the same); and (3) the dates, if any, to which the rent has been paid in advance. 23. MISCELLANEOUS PROVISIONS A. This Lease is not a franchise. This agreement does not prevent the OWNER from seeking to implement a franchise on PPC, but PPC does not acknowledge that the OWNER has a right to franchise PPC or waive any right it might have to contest a franchise. B. OWNER warrants and agrees that OWNER is seized of good and sufficient title to and interest in the Property and has full authority to enter into and execute this Lease and that here are no undisclosed liens, judgments or impediments of title on OWNER's Property that would affect this Lease. C. This Lease, including attached exhibits which are hereby incorporated by reference, incorporates all agreements and understandings between OWNER and PPC, and no verbal agreements or understandings shall be binding upon either OWNER or PPC, and any addition, variation, or modification to this Lease shall be ineffective unless made in writing and signed by the parties. D: OWNER agrees that OWNER's Property (including, without limitation, the Tower) and all improvements comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi -governmental authority. All such compliance shall be accomplished at OWNER's sole cost and expense. Except for improvements made by PPC, OWNER, at its sole cost, shall maintain in good condition and repair, the Tower and other improvements upon which the Property is located. PPC agrees that PPG's property and all equipment and improvements erected hereunder shall comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi -governmental. authority. All such compliance shall be accomplished at PPC's sole cost and expense. PPC, at its sole cost and expense, shall maintain the appearance of all such equipment and improvements in a manner or condition not materially different from that at the time of installation. E. This Lease and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of Texas. Any litigation concerning this Lease shall be conducted in Tarrant County, Texas and the parties hereby agree to the venue and personal jurisdiction of these courts. F. This Lease, and each and every covenant and condition herein, is intended to benefit the Property and shall extend to and bind the heirs, personal representatives, successors and assigns of the parties. G. The parties agree that all of the provisions hereof shall be construed as both covenants and conditions the same as if the words importing such covenants and conditions had been used in each separate paragraph. H. The parties acknowledge that each has had an opportunity to review and negotiate this Lease and have executed this Lease only after such review and negotiation. The language of each part of this Lease shall be construed simply and according to its fair meaning, and this Lease shall not be construed more strictly in favor or against either party. I. At OWNER's option, this Lease shall be subordinate to any mortgage by OWNER which from time to time may encumber all or any part of the Property, provided that every such mortgagee shall recognize (in writing and in a form acceptable to PPC's counsel) the validity of this Lease in the event of a foreclosure of OWNER's interest and also PPG's right to remain in occupancy and have access to the property as long as PPC is not in default of this Lease. PPC shall execute whatever instruments may reasonably be required to evidence this subordination. If, as of the date of execution of this Lease, there is any deed of trust, ground lease or other similar encumbrance affecting OWNER's Property, OWNER agrees to use its best efforts in cooperating with GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 10A-11 9 PPC to obtain from the holder of such encumbrance an agreement that PPC shall not be disturbed in its possession, use and enjoyment of the Property. J. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in such court's opinion to render such condition enforceable and, as so modified, such portion and the balance of this Lease shall continue in full force and effect. K. If either party institutes any action or proceeding in court to enforce any provision hereof, or any action for damages for any alleged breach of any provision hereof, then the prevailing party in such action or proceeding shall be entitled to receive from the non -prevailing party such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing party, together with its other reasonable litigation expenses. L. In addition to the other remedies provided for in this Lease, OWNER and PPC shall be entitled to immediate restraint by injunction of any violation any of the covenants, conditions, or provisions of this Lease. M. The captions of the paragraphs of this Lease are for convenience of reference pnly and shall not affect the interpretation of this Lease. IN WITNESS WHEREOF, OWNER and PPC have duly executed this Lease as of the day and year first above written. PPC: Dallas'NITA L.P., a Delaware Limited Partnership, by it's sole general partner PrimeCo Personal Communications L.P., a Delaware Limited Partnership (PPC) By: _ Name: �.. Its: Douglas Athas Director -Site Development OWNER: City of Southlake, Texas By: Name: Its: Tax No: GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 10 10A-12 NOTARIES -GROUND AND TOWER LEASE AGREEMENT STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of 1996, by , of a corporation, on behalf of the corporation. ❑ by partner (or agent) on behalf of a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC -STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of 1996, by , of a corporation, on behalf of the corporation. ❑ by partner (or agent) on behalf of a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC -STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 10A-13 11 EXHIBIT 64A1" LEGAL DESCRIPTION OF OWNER'S PROPERTY SITE ID R0036A 5.0 ACRE TRACT DESCRIPTION BEING a 5.00 acre tract situated in the J. J. FRESHOUR SURVEY, ABSTRACT No. 5 71 , Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a railroad spike found in the center line of Florence Road, said spike also being the northeast corner of a tract of land conveyed to James Virgil as recorded in V. 5955, P. 21, DRTCT; said spike also being the northwest corner of a tract of land conveyed to C. J. Brewer as recorded in V. 6167, P. 974, DRTCT; THENCE East along the center line of Florence Road for a distance of 410.00 feet to a 1 /2 inch iron pipe found for corner, said pipe being the northeast corner of said Brewer tract, said pipe also being the northwest corner of a tract of land conveyed to Everett. H. Davis as recorded in V. 7090, P. 187, DRTCT,- THENCE South for a distance of 865.20 feet to a 3/8 inch iron rod set, said iron being in the west line of said Davis tract, said iron also being the POINT OF BEGINNING of the tract of land herein described; THENCE South for a distance of 526.26 feet to a 1 /2 inch iron rod found for corner, said iron being the southwest corner of said Davis tract, said iron also being in the north line of a tract of land conveyed to Wni. W. Johnson as recorded in V. 2244, P. 339, DRTCT; THENCE West for a distance of 412.50 feet to a 1 /2 inch iron rod found for corner, said iron being in the northerly line of a tract of land conveyed to Royal E. Smith as recorded in V. 4077, P. 477, DRTCT, said iron also being the southeast corner of a tract of land conveyed to Steve Bell et ux Kathryn, as recorded in V. 6752, P. 431, DRTCT; THENCE N 000 07' 27" W for a distance of 526.26 feet to a 3/8 inch iron rod set, said iron being in the east line of a tract of land conveyed to Willis Lester Dowll et ux, Dell as recorded in V. 5955, P. 25, DRTCT; THENCE N 890 59' 52" E for a distance of 413.64 feet to the POINT OF BEGINNING and containing 5.00 acres (217,804 square feet) of land more or less. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OF THE FOLLOWING DESCRIBED PROPERTY: OWNER INITIALS TENANT INITIALS GROUND:\ND'1'0\1ERLF:\SF—NORTH rFx:\S(>i?0/96) 1OA-14 Printed 06/ 13,'QO 30' ACCESS EASEMENT DESCRIPTION BEING a tract of land situated in the J. J. FRESHOUR SURVEY, Abstract No. 521, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a railroad spike found in the center line of Florence Road, said spike also being the northeast corner of a tract of land conveyed to fames Virgil as recorded in V. 5955, P. 21, DRTCT; said spike also being the northwest corner of a tract of land conveyed to C. J. Brewer as recorded in V. 6167, P. 974, DRTCT; THENCE East along the center line of Florence Road for a distance of 195.00 feet to a point for the northwest corner of the herein described easement for the POINT OF BEGINNING. THENCE East along the .centerline of Florence Road a distance of 30.00 feet to a point for corner, THENCE S 000 04' 4 1 " E for a distance of 865.20 feet to a point for corner; THENCE S 890 59' 59" W for a distance of 30.00 feet to a point for corner; THENCE N 000 04' 41" W for a distance of 865.20 feet to the point of beginning and containing 0.596 acres (25956.9 square feet) of land more or less. TOGETHER WITH AN EASEMENT FOR UTILITIES OVER THE FOLLOWING DESCRIBED PROPERTY: 15' UTILITY EASEMENT DESCRIPTION BEING a tract of land situated in the J. J. FRESHOUR SURVEY, ABSTRACT NO. 521, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a railroad spike found in the center line of Florence Road, said spike also being the northeast corner of a tract of land conveyed to James Virgil as recorded in V. 5955, P. 21, DRTCT; said spike being the northwest corner of a tract of land conveyed to C. J. Brewer as recorded in V. 6167, P. 974, DRTCT; THENCE East along the center line of Florence Road for a distance of 193.00 feet to a point for the northeast corner of the herein described easement for the POINT OF BEGINNING. THENCE S 000 04' 4 1 " E for a distance of 865.20 feet to a point for corner; THENCE S 390 59' 59" W for a distance of 15.00 feet for corner; THENCE N 000 04' 4 1 " W for a distance of 865.20 feet to a point for a corner in the center line of Florence Road; THENCE East along the center line of Florence Road for a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.298 acres (1278.4 square feet) of land more or less. 10A-IS EXHIBIT 66A2" LEASED SITE SITE ID R0036A The leased Property, as depicted by cross -hatching in the drawing below, is situated within Owner's Property as described in Exhibit "A1". N not scale) 'o he,eplaced upon completion of site survey OUND AND TOWER LEASE —NORTH TEXAS (520/96) vcd: 06/ 13,96 10A-16 (0wYe r s Pi_ojoC'Y fY vYY1.r-tt 111111ALS TENANT INITIALS EXHIBIT 66A3" TENANT'S LEASED SPACE ON TOWER SITE ID R0036A Antennas will be mounted on the Tower located on Owner's Property described in Exhibit "All, at a height of approximately 771, and oriented at 0; 120° and 240. azimuths antennas go. 0 OWNER INITIALS TENANT INITIALS GROUND AND TOWER LEASE —NORTH TEXAS (5/20/96) Printed: 06/12/96 10A-17 EXIUBIT"B0 Ground and Tower Lease Agreement dated , 1996 between the City of Southlake, as Owner and PPC Environmental Laws As used in this Lease, "Environmental Laws^ means all federal, state and local environmental laws, rules, regulations• ordinances, judicial or administrative decrees, orders, decisions, authorizations or petrnits pertaining to the protection of human health and/or the environment, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901,-et seq., the Clean Air Act, 42 U.S.C. §§ 7401, er seq., the Federal Water Pollution Control Act, 33 U.S.C. Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 1251, et seq., the Comprehensive Environmental Response, Com §§ 1101, et s pensation and Liability eq., the the Toxic Substances Control Act, 15 U.S.C. ty Act, 42 U.S.C. §§ 9601, et seq., §§ 2701, et se §§ 2601, useq., the Oil Pollution Control Act, 33 q., and Texas superfund laws, or any other comparable lU.S.C. ocal, state or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. This definition includes all federal, state or local land use laws dealing with environmental sensitivity including, but not limited to, laws regarding wetlands, stolslo shorelines, fish and wildlife habitat, or historical or archeologicalsignififceance rttical or sensitive areas, As used in this Lease, "Hazardous Substance" means any hazardous .'or toxic substances as defined by the Comprehensive Environmental Response,amendedity Act, as from time to time; any hazardous waste as defined by the Resource tConservationon and il and Recovery p t of 1976, as amended from time to time; any and all material waste or substance defined as hazardous Pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and :icir byproducts. IOA-18 City of Southlake, Texas MEMORANDUM June 28, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Sprint Spectrum L.P. Ground and Tower Lease Agreement BACKGROUND: Sprint Spectrum L.P. (Sprint) has requested an agreement with the City of Southlake to place an antenna on the Bicentennial Water Tower, to obtain a right of access and a right to install any necessary appurtenances. The summary of the agreement is as follows: • LB. - The lease property will have landscaping and fencing as determined by the City. Park Director, Kim Lenoir, and the consultant are designing areas for the equipment building. • 2.A. - Sprint will lease the property for $11,040 per year for an initial term of five (5) years from commencement date. Every five (5) year extension period will increase the annual rent by fifteen percent. • 4.A - The City retains the right to approve, disapprove or request modifications to plans or any improvements or modifications installed by Sprint. Sprint must obtain all of the certificates, permits, licenses, or any governmental approvals required by federal, state, or local authority. • 4. F.- Sprint may terminate d-iis lease any time after ten (10) years upon one year prior written notice to City and the City may terminate this lease after five (5) years in the same manner. The City may terminate this lease at any time upon 30 days written notice to Sprint, should the water tower be removed or dismantled. Sprint may not sublease the property without written consent of the City. • 8.C. - If the Tower is damaged or destroyed, the City shall deliver by written notice to Sprint within twenty days after receipt of notice from City's insurance company, whether the City will or will not repair, restore or reconstruct the tower. If the City chooses not to restore property, Sprint may abate rent for the unused period. • Sprint agrees to indemnity and hold the City harmless against any and all claims of liability for personal injury or property damage and City agrees to the same. Sprint shall provide 1OB-1 CURTIS E. HAWK SPRINT SPECTRUM L.P. JUNE 28, 1996 PAGE 2 the City with a certificate of insurance not less than $500,000 for injury to any one person, $1,000,000 for all injuries sustained by more than one person in any occurrence, and $1,000,000 for damage as a result of any one accident. • 18.B. - Non-interference clause requires both Sprint and the City to eliminate any frequency interference between existing and future uses. • 18.B. - Only qualified and adequately insured persons will be allowed to climb the tower. [No Sprint employee, agent, contractor or person will be allowed in the tower without a water utility employee with them.] • 23.A. - This agreement is not a franchise and does not authorize Sprint to use City right- of-way to conduct a telecommunications business in the City. If the City determines that a franchise is required for Sprint to conduct its telecommunications business in the City, the City will expect Sprint to obtain a franchise in accordance with law. COMMENTS: Staff's recommendation is for the Sprint Spectrum L.P., Ground and Tower Lease Agreement to be placed on the July 2, 1996 Regular City Council Agenda for City Council review and consideration. Attachment: Lease Agreement Kim Lenoir Memorandum dated June 27, 1996 C:\WPWIN60\WPDOCS\AGREEMEN.INnSPRINIRBICEN 1. MEM 10B-2 GROUND AND TOWER LEASE AGREEMENT SITE ID: R0034A THIS GROUND AND TOWER LEASE AGREEMENT ("Lease") is entered into as of this day of _ , 1996, by and between City of Southlake, Texas, a municipal corporation ("OWNER"), and SPRiTSp'Wetntin SPRIl. In consideration of the premises and of the mutual obligations and agreements in•this Lease, the parties agree as follows: 1. THE PROPERTY A. OWNER is the titleholder of that certain real property commonly known as BicentemualA,,W,er Tower6("Tor 4 �„rte � City of Southlake, County of Tarrant, State of Texas ("OWNER's Property") which is described on the attached Exhibit "AL" The parties agree that the legal description of OWNER's Property may be attached as Exhibit "AI after execution of this Lease. B. SP:RINT hereby desires to lease a portion of OWNER's Property, and a certain portion of the elevated water storage tank ("Tower") located on OWNER's Property, together with obtaining a right of access and a right to install utilities (the "Property") as set forth in Exhibit "AT'. The Property and landscaping requirements, including any fencing, are to be determined by the OWNER In addition, SPF shall have the right to run cables and wires under, over and across OWNER's Property to connect T, s equipment on the Tower to its equipment in its facility located on the Property, as approved by OWNER. SP may park its vehicles on OWNER's Property when SPRINT is constructing, removing, replacing, and/or servicing its communications facility. C.E $ covenants and agrees that it has inspected the Tower and the Property and that it does not rely on any representation of OWNER as to the condition of the Property or Tower or their suitability for the purposes and uses herein intended. §11AW accepts the Property in its present condition and finds it suitable for the purposes herein intended. OWNER hereby grants SP the right to obtain a title report, soils tests, and other engineering procedures or environmental investigations on, under and over the Property necessary to determine that SPs's use of the Property will be compatible with SPRINT's engineering specifications, system, design, operations and Governmental Approvals (hereinafter defined). D. OWNER and S. further agree that the Property (including an access right-of-way thereto but excluding the space on the Tower) may be surveyed by a licensed surveyor at the sole cost of SPRINT, and such survey shall then replace Exhibit "AT' and become a part hereof and shall control to describe the Property in the event of any discrepancy between such survey and the description contained in Paragraph I.B. above. 2. LEASE AND EASEMENT OWNER leases the Property to SPRINT and grants to SPRINT a non-exclusive easement (during the term of this Lease) to access the Property (seven [7] days a week, twenty-four [24] hours a day) and to install, remove, replace, and maintain utility cables, conduits and pipes from the Property to the appropriate, in the discretion of SPRINT, source of electric and telephone facilities. 3. TERM AND RENT A. This Lease shall be for a initial term of five (5) years beginning on 1996 ("Commencement Date") at an Annual Rent of Eleven Thousand Forty Dollars ($11,040), which rent shall be paid annually, in advance, beginning on the Commencement Date and on each anniversary thereof (partial years prorated) to OWNER or as OWNER may otherwise direct rrom time to time in writing at least thirty (30) days before any rent payment date. GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 10B-3 B. SPRINT is granted options to extend this Lease on these same terms and conditions for four (4) additional five (5) year extension period(s) after the original term expires. This Lease shall automatically be extended for the next extension period at the end of the then -current term subject to the termination requirements in Section 5. C. The Annual Rent for each extension period shall be the Annual Rent in effect for the final year of the prior term or extension period, as the case may be, increased by fifteen percent (15%). D. Should this Lease still be in effect at the conclusion of all the extension periods provided for herein, this Lease shall continue in effect upon the same terms and conditions [other than Annual Rent which shall be an amount equal to the Annual Rent in effect for the prior one (1) year period, increased by Paragraph 3.C. above for a further period of one (1) year, and for like annual periods thereafter, until and unless terminated by either party by giving to the other at least ninety (90) days written notice of its intention to so terminate before 'he date this Lease expires. 4. USE OF THE PROPERTY A. SPRINT may use the Property for any lawful purpose, relating to construction, removal, replacement, maintenance, security and operation of a communications facility, including, without limitation, required SPRINT antenna array (as such antenna array may be modified, added to or substituted from time to time) and antenna support structures, and for any other uses incidental thereto. SPRINT shall not use or permit the Property to be used for any purposes other than described above without the written consent of OWNER, which consent will not be unreasonably withheld. Each such antenna or antenna support structure may be configured as requested by SPRINT from time to time provided SPRINT obtains, pursuant to Paragraph 4.13. , all permits and approvals required by applicable jurisdictions for such requested configuration notwithstanding the above. OWNER shall approve, disapprove or request modifications to plans for any improvements or modifications installed by SPRINT on the Property, which review and action shall not be unreasonably withheld or delayed. Improvement of the Property to meet SPRINT's needs shall be at SPRINT's sole expense, and SPRINT shall maintain such. improvements to the Property in a reasonable condition throughout the term. B. OWNER acknowledges that SPRINT's ability to use the Property for its intended purposes is contingent upon SPRINT's obtaining and maintaining, both before and after the Commencement Date, all .of the certificates, permits, licenses and (� other approvals (collectively, "Governmental Approvals") that may be required by any federal, state or local authority for the foregoing uses and improvements to the Property desired by SPRINT. OWNER shall.cooperate with SPRINT in SPRINT's efforts to obtain such Governmental Approvals and stall take no action that would knowingly or intentionally adversely affect SPRINT's obtaining or maintaining such Governmental Approvals, so long as SPRINT is in compliance with applicable provisions of the Southlake City Charter, ordinances, and rules. 5. TERMINATION Provided SPRINT is not in default hereunder, if any of the following occurs, SPLINT shall have the right to immediately terminate this Lease by giving written notice to OWNER of such termination. A. SPRWT determines, in its sole discretion, that it will be unable to obtain all necessary Governmental Approvals for SPRINT intended use of and improvements to the Property desired by SPRINT; or B. SPRINT's application for any Governmental Approvals necessary for SPRINT's use of the Property and improvements desired by SPRINT's is denied; or - C. any Governmental Approvals necessary for SPRINT's use of the Property and/or improvements to the Property, whether now or hereafter desired by SPRINT, are canceled, expired, lapsed or.are otherwise, terminated or denied so that SPRINT, in its reasonable judgement, determines that it will no longer be able to use the Property for SPRINT's intended use; or D. the Federal Communications Commission allocates the frequencies at which SPRINT may operate its antennas and equipment and may from time to time change such frequencies. Any change of this nature that, in SPRINT's reasonable judgement, renders its operation of a wireless communications facility at the Property obsolete; or GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) lOB-4 FJ E. if SPRINT determines that the Property has become unsuitable for SPRINT's operations due to changes in system or network design or in the types of equipment used in such operations or SPRINT's operations at the Property become unprofitable. `- F. Provided :S„PRINT is not in default hereunder and shall have paid all rents and sums due and payable to OWNER by §PRW, SPRINT shall have the right to terminate this Lease at anytime after ten (10) years upon one (1) year prior written notice to OWNER. OWNER shall have the right to terminate this Lease at any time after five (5) years upon one (1) year prior written notice to SPRINT. Notwithstanding anything contained herein to the contrary, OWNER shall have the right to terminate this Lease at any time upon thirty (30) days prior written notice to SPRINT should OWNER, in its sole discretion, determine that the Tower upon which SPRINT's equipment is to be installed should be removed or dismantled. Notwithstanding anything herein to the contrary, any breach, default or failure by SPRINT to perform any of the duties or obligations assumed by SPRINT under this Lease, or to faithfully keep and perform any of the terms, conditions and provisions hereof, shall be cause for termination of this Lease by OWNER in the manner set forth in this Paragraph. OWNER shall deliver to $�PRIN ten (10) days prior written notice of its intention to so terminate this Lease, including in such notice a reasonable description of the breach, default or failure. If SPRINT shall fail or refuse to cure, adjust or correct same to the reasonable satisfaction of OWNER within said ten (10) days written notice to SPR1, to terminate this Lease. Upon termination of this Lease, all rights, powers and privileges of SPRIIv hereunder shall cease and terminate and SPRINT shall, within (10) days, vacate the Property and remove all of its improvements, fixtures and equipment. In the event SPRINT does not vacate the Property within said period, OWNER may, without being deemed guilty of trespass, and without any liability whatsoever on the part of OWNER, enter upon and take full possession of the Property and remove any and all improvements, fixtures and equipment not belonging to OWNER that may be found upon the Property without being liable for damages. Any termination notice rendered by SPRINT pursuant to this Paragraph shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Lease. 6. ASSIGNMENT AND SUBLETTING A. Except to a "Partner Company," "Affiliate," "Subsidiary" or a Subsidiary or Affiliate of a Partner Company of "SPRINT (as defined below), SPRINT shall not assign this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise or mortgage or pledge the same, or sublet the Property, or any part thereof, without the prior written consent of OWNER such consent not be be unreasonably withheld or delayed. OWNER's consent to an assignment or'sublease shall be deemed given if OWNER does not respond to SPRINT's request within ninety (90) days after OWNER's receipt of such request. B. TCI,;Cox Comimmications.andConcast are each a Partner Company. An AffiheAe of an entity- is any earpomfien with fifty efte pereent (51%) or more of the qA-A-P1.F 4.Whi-Phis owned, direetly or indireetly, by stteh entity. A Subsidi C. No consent by OWNER to any assignment or sublease by SPRINT shall relieve SPRINT of any obligation to be performed by SPRINT under this Lease, whether arising before or after the assignment or sublease. The consent by OWNER to any assignment or sublease shall not relieve SPRINT, from the obligation to obtain OWNER's express written consent to any other assignment or sublease. .D. Any sale or other transfer, including by consolidation, merger or reorganization, of a majority of the voting stock of SPRINT, if SPRINT is a corporation, or any sale or other transfer of a majority in interest (whether of profits, losses, capital. or voting power) or a majority of the persons composing the managers of the partnership, if SPRINT is a partnership, shall not be an assignment for purposes of this Paragraph 6. 7. FIRE OR OTHER CASUALTY A. If the Tower, or access to it, is damaged or destroyed by a casualty, OWNER shall deliver written notice to SPRINT within twenty (20) days after receipt of notice from OWNER's insurance company, which notice from OWNER sets forth OWNER's election (a) not to repair, restore and/or reconstruct the Tower, or (b) to repair, restore and/or reconstruct the Tower. if, as a result of any such casualty, the Property becomes totally or partially unusable by SPRINT, rent shall abate during the period GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 10B-5 of repair in the same proportion to the total rent as the portion of the Property rendered unusable bears to the entire Property. If OWNER elects to repair, then OWNER shall promptly commence appropriate repairs (to be diligently prosecuted to completion entirely at OWNER's expense), and this Lease shall continue in full force and effect. B. Notwithstanding anything contained herein to the contrary, OWNER is under no duty or obligation to repair the Tower in a manner that would accommodate SPRIN I Is equipment or antenna array. In the event that following repairs, the Tower is no longer suitable for SPRINT's intended uses, SPRINT's sole remedy shall be to terminate this Lease. C. If OWNER (a) undertakes the repair, restoration and/or reconstruction of the Tower or of any access thereto but fails to complete such repair, restoration, and/or reconstruction within forty-five (45) days after the casualty, or (b) notifies SPRINT of OWNER's intention not to repair, restore and/or reconstruct the Tower, or fails to deliver to SPRINT the written notice required under Paragraph 7.A. within twenty (20) days, then SPRINT may immediately cancel this Lease by giving written notice of its election to cancel to OWNER. 8. INDEMNIFICATION AND INSURANCE A. SPRINT hereby agrees to indemnify and hold OWNER harmless from and against any and all claims of liability for personal injury or property damage to the extent that they result from or arise out of (i) the acts or omissions of SPRINT, its agents and employees in, on or about the Tower, including the Property, excepting however, such claims or damages as may be due to or caused solely by the acts or omissions of OWNER, its employees or agents, and/or (ii) SPRINT's breach of any term .or condition of this Lease on SPRINT's part to be observed or performed. B. OWNER hereby agrees to indemnify and hold SPRINT harmless from any against any and all claims of liability for personal injury or property damage to the extent that they result from or arise out of (i) the acts or omissions of OWNER, its agents and employees in, on or about the Tower, including the Property, excepting, however, such claims or damages as may be due to or caused solely by the acts or omissions of owner, its employees or agents, and/or (ii) OWNER's breach of any term or condition of the Lease on OWNER's part to be observed or performed. C: SPRINT shall provide OWNER with a certificate of insurance, issued by an- insurance company licensed to do business in the state in which the Tower is located indicating that SPRINT carries comprehensive general liability insurance with limits of liability thereunder of not less than: bodily injury: $500,000 for injury to any one person and $1,000,000 for all injuries sustained by more than one person in any occurrence; property damage: $1,000,000 for damage as a result of any one accident. Such insurance shall name OWNER as an additional insured with respect to the Property. SPRAT will provide OWNER with a renewal certificate within ten (10) business days of OWNER's request for such certificate. Any insurance required to be provided by SPRINT under this Paragraph 8 may be provided by a blanket insurance policy covering this the Property and other locations of SPRINT, provided such blanket insurance policy complies with all of the other requirements of this Lease with respect to the type and amount of insurance required. SPRINT may also fulfill its requirements under this Paragraph 8 through a program of self- insurance, subject to approval by OWNER, which approval shall not be unreasonably withheld: If SPRINT elects to self -insure; then SPRINT shall furnish OWNER with a letter stating that there is a self-insurance program in effect that provides for the same, or greater, coverage than required of SPRINT herein. All insurance policies furnished under this provision shall name OWNER as an additional insured. SPRINT agrees to furnish OWNER with certificates of insurance certifying that SPRINT has in force and effect the above specified insurance. D. Each hazard insurance policy carried by or on behalf of SPRINT insuring SPRINT's antennas and equipment located on or about the Property shall provide standard extended coverage, including without limitation, coverage against losses caused by fire. The parties further agree and hereby release each other with respect to any claim (including a claim for negligence)which the other party may have against such party for loss, damage or destruction of, or liability for damages to, the property of the other occurring during the term of this Lease, as same maybe extended, and normally covered under. afire insurance policy with extended coverage. Notwithstanding anything contained in this Lease to the contrary; the provisions of the Subparagraph 8.13. shall control. - 9. UTILITIES SPRINT shall be responsible directly to the serving entities for all utilities required by SPRINT's use of the Property; however, OWNER agrees to cooperate with SPRINT -in its efforts to obtain utilities from any location provided by the OWNER or the It. GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 1OB-6 rd servicing utility. Should electric power be provided by OWNER, SPRINT will install an electric meter and SPRINT's usage shall be read by OWNER or, at OWNER'S option, by SPRINT, on an annual basis and the cost of electricity used by SPRINT shall be paid by SPRINT to OWNER annually as a payment separate from rent and shall be computed at the then -current public utility rate. ,`' 10. RIGHTS TO EQUIPMENT; CONDITION ON SURRENDER A. SPRINT's antennas and equipment shall remain personal to and the property of SPRING. At the termination or expiration of this Lease, if notice is received from OWNER, SPRINT shall remove its antennas and/or equipment. SPRINT shall repair any damage caused by such removal, and shall otherwise surrender the Property at the expiration of the term, as same may have been extended, or earlier termination thereof, in good condition, ordinary wear and tear, damage by fire and other casualty excepted. Any of SPRINT's equipment or other property that has not been removed from the Property at the time of Lease termination shall be deemed abandoned by SPRINT and OWNER shall be free to dispose of same in any manner OWNER chooses and without any liability to SPRINT therefor. B. Any claims relating to the condition of the Property must be presented by OWNER in writing to SPRINT within one hundred eighty (180) days after the removal of antennas and equipment by SPRINT or OWNER shall be deemed to have irrevocably waived any and all such claims. 11. SPRINT DEFAULTS A. The occurrence of any one or more of the following events shall constitute an "Event of Default" hereunder by SPRINT: (1) The failure by SPRINT to make any payment of rent or any other payment required to be made by SPRINT hereunder, as and when due, where such failure shall continue for a period of ten (10) days after written notice thereof is received by SPRINT from OWNER. (2) The failure by SPRINT to observe or perform any of the covenants or provisions of this Lease to be observed or performed by SPRINT, other than specified in Paragraph 11. A. (1), where such failure shall continue for a period of i...en (10) days after written notice thereof is received by SPRINT from OWNER; provided however, that it shall not be deemed an Event of Default by SPRINT if SPRINT shall commence to cure such failure within said ten (10) day period and thereafter diligently prosecutes such cure to completion. . B. If there occurs an Event of Default by SPRINT, in addition to any other remedies available to OWNER at law or in equity, OWNER shall have the option to terminate this Lease and all rights of SPRINT hereunder. 12. NOTICES All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly -given if sent by certified mail, return receipt requested, addressed as follows (or to any other mailing address which the party to be notified may designate to the other party by such notice) or as otherwise provided under applicable state law. Should OWNER or SPRINT have a change ,! of address, the other party shall immediately be notified as provided in this Paragraph of such change. Unless OWNER otherwise specifies in writing, rent checks from SPRINT shall be sent to the person listed below to whom notices are sent. SPRINT: Sprint Spectrum,L.P Property. Specialist Address: 1341�:WesvMocl * ird,l ane; Suite'600 East, Dallas, Texas -Tex Telephone Number: (214) 6410-0120 With a copy to: Business Law Group Address: 4717-Grand=Avenue St1 FL, Kansas°City!MO 64112 GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 1OB-7 OWNER: City of Southlake, Texas Attn: Curtis E. Hawk, City Manager Address: 667 North Carroll Avenue Southlake, Texas 76092 Telephone Number: (817)481-5581 Extension 702 13. SALE OR TRANSFER BY OWNI,R Should OWNER, -at any time during the term of this Lease, sell, lease transfer or otherwise convey all or any part of OWNER'S Property to any transferee other than SPRINT, then such transfer shall be under and subject to this Lease and all of SPRINT's rights hereunder. 14. HAZARDOUS SUBSTANCES A. SPRINT represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws (as defined in attached Exhibit "B"). OWNER represents and warrants that it has received no notice of, nor has any knowledge of, any violations of any Environmental Laws affecting the Property. OWNER represents and warrants that, to the best of its knowledge, the Property has never been used for the use, generation, storage or disposal of Hazardous Substances as defined in Exhibit `B" attached hereto. B. OWNER shall be responsible for, and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law, of all spills or other releases of Hazardous Substances, not caused by SPRINT, that have occurred or that may occur on the OWNER's Property, arising from OWNER's activities on the Property. C. SPRINT agrees to defend, indemnify and hold OWNER harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs; expenses, assessments, penalties, fines, losses, judgments and attorney's fees that OWNER may suffer due to the existence or discovery of any Hazardous Substance on the OWNER's Property or the migration of any Hazardous Substance to other properties or released into the environment arising from SPRINT's activities on the Property during the term of this Lease. D. I OWNER agrees to defend, indemnify and hold SPRINT harmless from and against any and all claims, causes. of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses; judgments and attorney's fees that SPRINT may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment, arising from OWNER's activities on the OWNER's Property during the term of this Lease. 15. CONDEMNATION A. In the event the whole of OWNER's Property, including without limitation the Property and Tower, shall betaken or condemned, either temporarily or permanently, for public purposes; or sold to a condemning authority. under threat of condemnation to prevent taking, then this Lease shall forthwith automatically cease and terminate. B. In the event any portion of the Property, including without limitation the Tower; shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then OWNER agrees that SPRINT may use and/or construct upon an alternative portion of OWNER's Property which is equally suitable for SPRINT's purposes, provided such space is available. The exact site to which SPRINT may relocate will be determined by OWNER, and it may be upon any portion of OWNER's Property. (or other property owned or controlled by OWNER) provided that SPRINT reasonably approves the site as equally suitable for SPRINT's intended uses. OWNER will designate a site to which SPRINT may relocate prior to the taking, condemnation or sale. In the event no alternative portion of the OWNER's Property is equally suitable for the purposes of SPRINT, then SPRINT may terminate this Lease. C. OWNER shall receive the entire condemnation award for land, Tower and such other improvements as are paid for by OWNER, and SPRINT hereby expressly assigns to OWNER any and all right, title and interest of SPRINT now or hereafter GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 0 arising in and to any such award. SPRINT shall have the right to recover from such authority but not from OWNER, any compensation as may be awarded to SPRINT on account of the leasehold interest of SPRINT now or hereafter arising in and to any such award SPRIhTT shall have the right to recover from such authority, but not from OWNER, any compensation as may be awarded to S RINT on account of the leasehold interest, moving and relocation expenses, and deprecation to and removal of ► the personal property and fixtures of SPRINT. 16. LIENS SYfflUNj shall keep the Property free from any liens arising out or any work performed, materials furnished, or obligations incurred by or for SPRINT. SPRINT shall, within twenty (20) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond. No work which OWNER permits SPRINT to perform on the Property shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reason of its consent to such work. OWNER shall have the right to post notices that it is not responsible for payment for any such work. 17. TAXES ,_ w shall be liable for and shall pay to the applicable taxing authority if billed directly to SPRINT, or to OWNER if billed to OWNER, upon thirty (30) days prior, written notice from OWNER, any and all taxes and assessments levied against any personal property or trade or other fixtures placed by SPA , in or about the Property. SPA shall pay as additional rent any increases in real property taxes levied against OWNER's Property, including the Tower, as a result of improvements constructed by SPRI�IT�; on the Property. SPRINT will not be responsible for any increases in real property taxes which are a result of reassessment of OWNER's Property due to any sale or transfer of ownership thereof. 18. QUIET ENJOYMENT AND NON-INTERFERENCE A. OWNER warrants and agrees that PPRBff,, upon paying the rent and performing the covenants herein provided, shall peaceably and quietly have and enjoy the Property. B. SPRINT covenants and agrees that SPRINT's equipment, its installation, operation and maintenance will: (1) Not interfere with the operation of existing radio equipment at the Tower, whether operated by OWNER or other operators prior to installation of SPRINT's antennas and/or transmission lines on the Tower. SPRINT shall coordinate with OWNER and all other operators of radio equipment at the Tower to insure that SPRINT's frequencies and antenna locations will be compatible with said existing radio equipment . In addition, in the event OWNER desires to install additional radio equipment at the water tower site in the future, SPRINT agrees to take all reasonable measures to eliminate any interference with said radio equipment, however, in no event shall SPRINT. be required to move its antennas or" equipment on the tower site or the equipment building. In the event there is harmful interference to said electronic equipment, SPRINT will promptly take all steps to eliminate said harmful interference with ten (10) days after notice from OWNER or such other operator to SPRINT advising of the interference. If said interference cannot be eliminated within thirty (30) days of notice thereof, SPRINT agrees to suspend operations (transmissions) at the site while thq interference problems are studied and a means found to mitigate them. If said interference cannot be eliminated, then SPRINT shall remove its building and equipment from OWNER's Property and this Lease shall thereupon be terminated. (2) During the term of this Lease or any extension thereof, OWNER shall not permit other tenants, to place or operate any equipment which would interfere with SPRINT's equipment or operations on the OWNER's Property or Property. OWNER shall cause that all subsequent tenants on the Tower to first coordinate with SPRINT to ensure that their frequencies and antenna locations will be compatible with SPRINT's and to agree to a clause similar to this Paragraph 8.A. herein, promising to immediately eliminate harmful interference if said tenant's radio equipment should interfere with that of SPRINT herein. C. Comply with all applicable rules and regulations of the Federal Communications Commission, and electrical codes of City of Southlake and for State of Texas. Under this Lease, the OWNER assumes no responsibility for the licensing, operations and/or maintenance of SPRINT's equipment, antennas, transmission lines or attachments. GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) 7 �• • D. This Paragraph 18 is made subject to Paragraph 19.17 19. COORDINATION OF OPERATION A. OWNER agrees (i) to use its best efforts to minimize inconvenience to $PRINT by using its best efforts not to cause or permit any interruption or interfere with the operations of SPRBJT's antennas or equipment, during the hours of 4:00 p.m. to 7:00 p.m. on any weekday, and (ii) to give SPRINT notice of any repairs, alterations, additions or improvements to be made with respect to the maintenance and operation of the Tower and the Property or of any planned shut downs associated with the Tower for scheduled or routine maintenance that might adversely affect the operation of SPRINT's wireless communications facility, antennas or equipment. B. Only qualified and adequately insured employees, agents, contractors or persons under SPRINT's direct supervision will be permitted to climb the Tower and to install, maintain, or remove SPRINT's antennas and/or equipment from the Tower. OWNER retains the right to permit its own employees and agents and employees and agents of the subsequent users of the Tower to climb the Tower for the purpose of repair and maintenance or for any other purposes that do not interfere with SPRINT's use of the Tower, and so long as S complies with the provisions of Paragraph 19 of this Lease. C. OWNER shall not permit any person, including without limitation any contractor, employee, agent, tenant, or invitee, to work within a ten (10) foot radius of SPIII`IT's antennas unless SRi1+1T is notified prior to such activity. OWNER agrees to give SPRINT reasonable advance written notice (except in the case of emergency where advance written notice -cannot be reasonably given, in which event, OWNER shall give SPRINT telephonic notice (at 1-817-258-1000) of repairs, alterations, additions, or improvements to be made with respect to the maintenance and operation of the Tower and the Property within such radius of the antennas. D. In the event that OWNER determines that any equipment or operation of SPRINT causes radio interference, as defined and regulated by the Federal Communications Commission, or interferes with the operation or use of the Tower or with any of OWNER's facilities or OWNER's equipment on the Tower, then SPRINT shall have thirty (30) days within which to correct such radio interference, pursuant to Paragraph I I .A. (2) hereof. Unless such interference is with OWNER's emergency communications then such interference shall be corrected immediately or terminated. E. It is further understood and agreed that OWNER may perform reasonable routine maintenance, painting, etc. of the Tower without compensation or liability to SPRINT, even though such maintenance and painting may cause interference with SPRINT's operations. OWNER shall notify SPR` at least sixty (60) days prior to any scheduled maintenance or painting on the Tower that will be likely to interfere with the operation of SPRINT's equipment and allow SPRINT to construct and operate temporary facilities on OWNER's Property. OWNER shall not be required to notify SPRINT prior to performing any emergency maintenance on the Tower. 20. LIGHTING OF ANTENNAS OWNER hereby agrees that, if because of SPRINT's operations on the Property any laws or regulations of the Federal Aviation Administration, Federal Communications Commission or any other relevant governmental agency or body require or recommend that SPRINT's antennas and/or the Tower be lit and/or marked, SPRINT may install and maintain such lighting and markings. In no event, however, shall SPRINT be responsible for the installation or maintenance of any lighting or markings required by the operations of OWNER or any other tenant in the Tower. OWNER will permit SPRINT access to all portions of the Tower that SPRINT may need in order to check and replace such required or recommended lighting or marking. 21. BROKERS OWNER and SPRINT represent to each other that they have not negotiated with any real estate broker in connection with this Lease. 22. ESTOPPEL CERTIFICATES GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) IOB-10 A. OWNER, at the request of SPRINT, shall provide SPRINT with a certificate stating: (1) whether OWNER has any claim against SPRINT and if so, stating the nature of such claim; (2) that OWNER recognizes SPRINT's right to SPRINT's antennas, equipment and other property; (3) that SPRINT has the right to remove SPRINT's equipment and other property from the Property notwithstanding that same may be considered a fixture under local law; and (4) that OWNER has no interest in and .. disclaims any interest to SPRINT's equipment and other property. B. SPRINT, at the request of OWNER, shall provide OWNER with a certificate stating: (1) that this Lease is unmodified and in full force and effect (or, if there has been any modification, that the same is in full force and effect as modified and stating the modification); (2) whether or not, to SPRINT's knowledge, there are then existing any set -offs, or defenses against the enforcement of any of the agreements, terms, covenants or conditions hereof upon the part of SPRINT to be performed or complied with (and, if so specifying the same); and (3) the dates, if any, to which the'rent has been paid in advance. 23. MISCELLANEOUS PROVISIONS A. This Lease is not a franchise. This agreement does not prevent the OWNER from seeking to implement a franchise on SPRINT, but SPRINT does not acknowledge that the OWNER has a right to franchise SPRINT or waive any right it might have to contest a franchise. B. OWNER warrants and agrees that OWNER is seized of good and sufficient title to and interest in the Property and has full authority to enter into and execute this Lease and that here are no undisclosed liens, judgments or impediments of title on OWNER's Property that would affect this Lease. C. This Lease, including attached exhibits which are hereby incorporated by reference, incorporates all agreements and understandings between OWNER and SPRINT; and no verbal agreements or understandings shall be binding upon either OWNER or SPRINT, and any addition, variation, or modification to this Lease shall be ineffective unless made in writing and signed by the parties. D: OWNER agrees that OWNER's Property (including, without limitation, the Tower) and all improvements comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes ind regulations of any applicable governmental or quasi -governmental authority.. All such compliance shall be accomplished at OWNER's sole cost and expense. Except for improvements made by SPRINT, OWNER, at its sole cost, shall maintain in -good condition and repair, the Tower and other improvements upon which the Property is located. SPRINT agrees that SPRINT's property and all equipment and improvements erected hereunder shall comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi - governmental authority. All such compliance shall be accomplished at SPRINT's sole cost and expense. SPRINT, at its sole cost and expense, shall maintain the appearance of all such equipment and improvements in a manner or condition not materially different from that at the time of installation. E. This Lease and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of Texas. Any litigation concerning this Lease shall be conducted in Tarrant County, Texas and the parties hereby agree to the venue and personal jurisdiction of these courts. F. This Lease, and each and every covenant and condition herein, is intended to benefit the Property and shall extend to and bind the heirs, personal representatives, successors and assigns of the parties. G. The parties agree that all of the provisions hereof shall be construed as both covenants and conditions the same as if the words importing such covenants and conditions had been used in each separate paragraph. H. The parties acknowledge that each has had an opportunity to review and negotiate this Lease and have executed this Lease only after such review and negotiation. The language of each part of this Lease shall be construed simply and according to its fair meaning, and this Lease shall not be construed more strictly in favor or against either party. I. At OWNER's option, this Lease shall be subordinate to any mortgage by OWNER which from time to time may encumber all or any part of the Property, provided that every such mortgagee shall recognize (in writing and in a form acceptable GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) IOB-11 to S.t:INT's counsel) the validity of this Lease in the event of a foreclosure of OWNER's interest and also SPRINT's right to remain in occupancy and have access to the property as long as SPRINT is not in default of this Lease. SPRINT shall execute whatever instruments may reasonably be required to evidence this subordination. If, as of the date of execution of this Lease, there is any deed of trust, ground lease or other similar encumbrance affecting OWNER's Property, OWNER agrees to use its best efforts in cooperating with SPRINT to obtain from the holder of such encumbrance an agreement that SPRINT shall not be disturbed in its possession, use and enjoyment of the Property. J. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in such court's opinion to render such condition enforceable and, as so modified, such portion and the balance of this Lease shall continue in full force and effect. K. If either party institutes any action or proceeding in court to enforce any provision hereof, or any action for damages for any alleged breach of any provision hereof, then the prevailing party in such action or proceeding shall be entitled to receive from the non -prevailing party such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing party, together with its other reasonable litigation expenses. L. In addition to the other remedies provided for in this Lease, OWNER and SPRING shall be entitled to immediate restraint by injunction of any violation any of the covenants, conditions, or provisions of this Lease. M. The captions of the paragraphs of this Lease are for convenience of reference only and shall not affect the interpretation of this Lease. IN WITNESS WHEREOF, OWNER and SPRINT have duly executed this Lease as of the day and year first above -written. SPRINT; SprintSpectruiftIU By: Name: Margaret -Ann Menta Its: Property Specialist OWNER: City of Southlake, Texas By: _ Name: Its: Tax No: GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) IOB-12 10 NOTARIES -GROUND AND TOWER LEASE AGREEMENT STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of 1996, by , of a . corporation, on behalf of the corporation. ❑ by partner (or agent) on behalf of a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC -STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of 1996, by , of a corporation, on behalf of the corporation. O by partner (or agent) on behalf of a partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC -STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) C:\WPWIN60\WPDOCS\AGREEMEN.IN'RSPRINT\BICENI.LA MY COMMISSION EXPIRES: GROUND AND TOWER LEASE AGREEMENT (Revised 4-26-96) IOB-13 11 EXHIBIT "AI" LEGAL DESCRIPTION OF OWNER'S PROPERTY SITE ID: R0034 That certain parcel or parcels of land Iocated in the City of Sou State of Texas, more particularly described as follows, to -wit: BEING 0 0 County of Tarrant, out of the L. B. G. Hall Survey - acres of land bounds as follows: BEG Y' Tarrant County, Texas and described b y ractes and INNING at an iron pin 25.0 feet West and 993.2 feet South o the Northeast comer of the L. B. G. Hall Survey, said Road No. 3016; THENCE Sou point being in the W� line of County' for corner, along the West line of said road, 335.6 feet to iron pin THENCE South 89 degrees 34 minutes W corner, THENCE North 1 degree 07 � I296.6 feet to iron pin for pin for comer, THENCE North 89 degrees 34s West, along fence line, 335.6 feet to iron minutes East, 1303.2 feet to the POI BEGINNING, and containing I0� NT OF any part or .00 acres of land, approximately; SAVE AND EXCEPT Portion thereof in the use or occupancy of any public road or highway. Initialed (TEX/FiAW/ILLUW[S/IND I0/5l95) GROUND AND TOWER LEASE AGREEMENT 10B-14 T ♦ Q W X 0 N ^ .L W p R, .N�g� x EXHIBIT •A-2" DEPICTION OF PROPERTY SITE ID: FTW3382 �D IOB-15 WHrTE CHAPEL BIND. FOGUBIT"B O Ground and Tower Lease Agreement dated 1996 between the City of Southlake, as Owner and PPC Environmental Laws As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances, judicial or administrative decrees, or perorders, decisions, authorizations permits pertaining to the protection of human health and/or the environment, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. 42 U.S.C. §§ 7401, et seq., the Federal Water Pollution Control Act. 33eU.S.C. the Clean Air Act, he Emergency Planning and Community Right to Know Act, 42• U.S.C. §§ 1251, et seq., the Comprehensive Environmental Response, Com §§ l 101, et seq., the the Toxic Substances Control Act, 15 U.S.C. §§1io�asnd Liability Act, 42 U.S.C. §§ 9601. et seq.. C. §§ 2701, et seq., and Texas superfund laws, or any other�comparable local, state or federal lution Control Act. statute•or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. This definition includes all federal, state or local land use laws dealing with environmental sensitivity including, but not limited to, laws regarding wetlands, st slopes, shorelines, fish and wildlife habitat, or historical or archeological signififcancc criticalersor sensitive areas, As used in this Lease, "Hazardous Substance" means any hazardous .'or toxic substances as defined by the Comprehensive Environmental Response, from time to time; any hazardous waste as defined by the Resource tConserva Coion and nservation Liability Reecovery amended o 1976, as amended from time to time; any and all material waste or substance defined as hazardous Pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and Asir byproducts. IOB-16 T lily/ VI ouut I G, IGAQ.7 MEMORANDUM June 27, 1996 TO: Bob Whitehead, Director of Public Works FROM: Kim McAdams Lenoir, Director of Parks and Recreation SUBJECT: Sprint Equipment Building at Bicentennial Park Water Tower I reviewed the plans with Frank Horton of Sprint Spectrum. The plan dated 6/27/96 to install a 16' x 10' equipment pad with two cabinets and a generator with temporary fencing meets with the approval of the Parks and Recreation Department and the master plan designers MESA Design Group for Bicentennial Park. We expect on more lessee to install a building at the water tower. Once all lessees (3) install their buildings, the Parks and Recreation Department will present a fencing and landscape plan for the water tower site that all lessees will equally share in the cost of construction in accordance with the agreement. The Civitas Group site plan (FTW3382), dated 6/27/96, meets with the approval of the Parks and Recreation Department. If you have any questions please call me at 481-5581 ext 757. KML 1OB-17 City of Southlake, Texas MEMORANDUM June 28, 1996 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Readerboard Sign for Lonesome Dove Baptist Church 2380 Lonesome Dove Ave. BACKGROUND: Lonesome Dove Baptist Church has applied.for a permit to construct a monument sign with two lines of changeable copy. The current sign ordinance requires that the City Council issue a conditional sign permit for all readerboard type signs. The proposed sign is to be a monument sign. The sign meets all requirements for a monument sign and is illuminated. A recent survey of thirteen.(13) churches within the City verifies that four (4) churches currently have readerboard signs. COMMENTS: Staff's recommendation is for the readerboard sign for Lonesome Dove Baptist Church to be placed on the July 2, 1996 Regular City Council Agenda for City Council review and consideration. l RH/1 Attachments: Chuck Bloomberg Memorandum dated June 28, 1996 Permit application Church Sign Survey C:\WPWIN60\WPDOCS\SIGN\DOVE-BAP.MEM 10C-1 City of Southlake, Texas MEMORANDUM June 28, 1996 TO: Bob Whitehead, P. E., Director of Public Works FROM: Charles Bloomberg, Plans Examiner SUBJECT Sign appeal for Lonesome Dove Baptist Church 2380 Lonesome Dove Avenue Dr. Coy L Quesenbury, Pastor, has applied for a permit to construct a Monument Sign with a readerboard section. Section 19 of the sign ordinance specifies that readerboard signs (manual or electronic) may only be approved as a conditional sign permit by the city council. The sign meets all of the other requirements of the sign ordinance. This appeal is on the City Council Agenda for Tuesday July 2, 1996. Dr. Quesenbury will be present if you or the council have any questions. We have surveyed the city and found that 4 of 13 churches have readerboard signs attachments: plans sign drawings application 1OC-2 A 0 APPLICATION FOR SIGN PERMIT City of Southlake DATE June 26, 1996 ADDRESS OF PROJECT 2380 N. Lonesome Dove Avenue TENANT Lonesome Dove Baptist Church PHONE NO. 488-9568 SIGN COMPANY Self installed. PHONE NO. Same ADDRESS address city zip ILLUMINATED? YES NO (circle) ELECTRICAL CONTRACTOR Derrell Burgess PHONE 488-0784 TYPE OF SIGN ATTACHED POLE —%/MONUMENT Temporary BANNER BALLOON MODEL HOME OTHER SPECIAL PURPOSE Dimensions 4 FT HEIGHT 8 FT. WIDTH 32 S0 FTAREA DESCRIPTION Illuminated church sign as per attached drawing. OVERALL HEIGHT (attached, pole, monument) 7 feet 6 inches SETBACK(S) FROM R.O.W. 15 feet DOCUMENTS ATTACHED: x Plot Plan x Sign Drawing x Letter From Property Owner x Electrician Registration SIGNATURE OF APPLICANTS APPLICATION APPROVED BY: DATE: PERMIT FEE COMMENTS 1OC-3 CITY OF SOUTHLAKE ' ELECTRICAL PERMIT APPLICATION APPLICATION DATE Please %1 check one: NEW REMODEL ADDITION %yy USE: /furl 1.,rc,-f �r Lclec,,[,/e_ S,9h j, E / %o 1G S�r✓�y ADDRESS .73 go IV, 1, o a e s v, .,t SUBDIVISION 46 s i- (S G 3 QQ LOT BLOCK OWNER: k o-, 5 ­1 i7o 1e Uu � ��3 { C� �F� CONTRACTOR 4v,- v, E(e c- ADDRESS S t'^^R ADDRESS (// r- D e v ; c_ TELEPHONE �99 - `� sCo S TELEPHONE �B ` 079Y NEW SINGLE FAMILY; NO. S.F. LIVING AREA @$0.05/SF $ BASE PERMIT FEE $ . 22.00 T POLE $ 22.00 OTHER THAN NEW SINGLE FAMILY: REMODEL - ADDITION - ACCESSORY BUILDINGS - ALL COMMERCIAL IS • M Receptacles Switches_ Lights, APPLIANCES: TOTAL OUTLETS TOTAL LIGHT FIXTURES Ranges Clothes Dryer Water Heater Garbage Disposal Cook Tops Dish Washer Clothes Washer Space Heater Appliance 1 hp. Max MOTORS: DISCRIPTION HP HP HP NO. ELECTRICAL SERVICE: 0-200 amp 200-1000 amp OVER 1000 amp �, SIGNS: No. Trans. ( No. Lamps UTILITY COMPANY DATE (� 1 CONTRACTOR SIGNATURE 1OC-4 NO. 6 LONESOME DOVE BAPTIST CHURCH Dr. Coy L. Quesenbury, Pastor June 25, 1996 City of Southlake Sign Permit Department City Hall Southlake, TX 76092 Dear Sirs: Our church, Lonesome Dove Baptist Church, hereby applies for a permit to erect a new sign on our property.. This will replace one destroyed in an accident several weeks ago. The sign is commercially made by Signs Plus of Sarasota, Florida. We believe this meets or exceeds all requirements. Enclosed please find our measurements for the sign and drawing as to its location. It will be installed in concrete, and will be 15 feet from the right of way as required. Since this sign has moveable letters it is necessary that this be approved by the city council. We hereby request a hearing by the council at the earliest convenience. Any other information requested will be supplied upon request. Sincerely, ESOME DOVE BAPTIST CHURCH Coy L. Quesenbury, Pastor P.O. Box 92907 ♦ 2380 North Lonesome Dove Avenue ♦ Southlake, Texas 76092 Church: (817) 488-9568 ♦ Parsonage: (817) 329-0380 - Metro IOC-5 -n m O m < p -~ � -+ O r ��0.. 7A <�3 CN�� � 0 _ O 0 C a fn m oar » —1 r' o'E �Co mCON ! pr .. Z m N CU a Ho =ma m ,BIC, fD o 3 > > ? p?p !D C 3ai �� <oa m 9 O;OO ��3 AO OOP Om°5 Z g < 3 02 n,H `<� A� mn wAD Np D 000 �p < :I30 Oa? 7p En a �0 m g N ^' ' 3 m 110 o o' m pM 0 cp m m -v .. acc m (D 1 m _N 0 N i I ^ N ^ 1OC-6 m m 0 �•Z•1 C m C;% cn is W N -+ oomzc m r cn o�� �m�W�rn ^ p ., � mCy�M- ^ r 1= MM 7omrWDr Z�V zoo ^off W V1-1 0n0 C0 Zen r-m= r'C� m m ,;o ci z 0v n m { L) A -40 = X m rn c v m v m cc w O D �Qw p� N �(DD 0�a iL CD (D D cn �(D rn (D Q N CL n (D 2 cn N cn ' \\\D C CD ^, � co cnCD r �' ►�• : 00 • CD • y O w W-6-M L"m w., O ... O I . . C/: Ci W O I • .d.d : .: .: ......... .. �' I ...... ""� .y� 0 t7 � Q: O .,... I O � 3 "`•'1 .UZ INJ jo) O 1 .0L jo ©6P3 OIL ..... 6u!p�n� U61S j I + O � O (i•l / ..J j .GZol .., WWI .VZ •dd wJ j .�z �� c "Ji A; ' Jl .V 4 I O jO.vG I \ lOG8 O ..J.k I F soul A �1,., <3 1i nc 6 � LONESOME DOVE BAPTIST CHURCH Dr. Coy L. Quesenbury, Pastor June 25, 1996 City of Southlake Sign Permit Department City Hall. Southlake, TX 76092 Dear Sirs: Our church, Lonesome Dove Baptist Church, hereby applies for a permit to erect a new sign on our property. This will replace one destroyed in an accident several weeks ago. The sign is commercially made by Signs Plus of Sarasota, Florida. We believe this meets or exceeds all requirements. Enclosed please find our measurements for the ' be installed in concrete, and will be 15 feet from lthe rign d of wag as required. as iation. It will � y Since this sign has moveable letters it is necessary that this be approved by the city council. We hereby request a hearing by the council at the earliest convenience. Any other information requested will be supplied upon request. Sincerely, ESOME DOVE BAPTIST CHURCH Coy L. Quesenbury, Pastor P.O. Box 92907 ♦ 2380 North Lonesome Dove Avenue ♦ SouthlakC, Texas 76092 Church: (817) 488-9568 ♦ Parsonage: (817) 329-0380 - Metro CHURCH SIGNS SURVEY NAME READERBOARD Assembly of God Church yes 101 E. Highland St. Carroll Baptist Church yes 1320 E. Highland St. Christ our King no 2221 E. Southlake Blvd. Church at the Willows no 1325 N. White Chapel Blvd. Countryside Bible Church no 250 Ravenaux Dr. First Baptist Church no 940 S. Carroll Ave. Northeast Baptist Church no 9009 N. Davis Blvd. Southlake Baptist Church no 190 S. White Chapel Blvd. Southlake Church of Christ yes 2501 W. Southlake Blvd. St. Lawrence Episcopal Church no 519 N. Kimball Ave. St. Martin in the Field Church no 223 S. Pearson Lane Unity Church no 1970 E. Dove St. White Chapel Methodist Church yes 190 Pine St. Total: 4 out of 13 churches with readerboard signs C:\WPWIN60\WPDOCS\LISTS\CHURCH-S.LST 10C-10 MEDIATION BALLOT I. City Council is allotted up to 5 votes to cast toward the names on the slate below. Please indicate your choices by placing an "X" in the appropriate blanks. Mike Bucek First Assistant City Attorney City of Denton (817) 566-8333 Bob Horton Director of Finance City of Azle (817) 444-7044 Wm. J. McGowan, II City Attorney City of Brownfield (806) 637-7585 Roger E. Nylin Mayor City of E1 Lago (713) 326-1951 Francis E. Parks City Manager City of Weimar (409) 725-8554 Linda S. Piwonka Director of the Office of Technology and Information Services City of College Station (409) 764-3446 Alexis "Tripp" Walter City Attorney City of Bryan (409) 361-3604 THE CITY OF grants the individual or committee placed on the double line below the authority to bind it in a settlement of the GTE Franchise Fee Dispute proceedings subject only to the lawful requirements of action by its City Council: (Select one of the following: (1) 5-person committee [elected by tabulation of ballots as reflected above]; (2) A Councilperson, Officer, Employee, or Attorney for City casting this ballot; or (3) any individual nominated above.) A:\BALLOT f S q City of Southlake, Texas LOCATION: 667 N. Carroll Avenue, Southlake, Texas City Council Chamber, City Hall 1. Call to order. copy 2. Consider: Resolution #95-33, Authorizing the City's participation in actions to be filed in the State Telephone Company of the Southwest ("GTE") and in an action pending with the Public Utility Commission concerning the automatic "Pass Through" tariff of GTE; authorizing the expenditure of funds for attorney and expert witness fees. 3. Meeting Adjourned. I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, on Wednesday, August 23, 1995 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. IA�FIlk F- b. N an ra L. I.eGrand City Secretary v If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 481-5581 extension 704, and reasonable accommodations will be made to assist you. C:. WPS I\MIN-AGMCCWMS. AGN/kb /DV CITY OF SOUTHLAKE, TEXAS SPECIAL CITY COUNCIL MEETING AUGUST 28, 1995 MINUTES COUNCII.MEMBERS PRESENT: Mayor Gary Fickes. Members; Ron Maness, Sally Hall, and Michael Richarme. COUNCILMEMBERS ABSENT: Mayor Pro Tem. Andy Wambsganss, Deputy Mayor Pro Tem Pamela Muller; and, Councilmember W. Ralph Evans. STAFF PRESENT: Curtis E. Hawk, City Manager; Wayne Olson, City Attorney; and Sandra L. LeGrand, City Secretary. The Special City Council meeting was called to order at 8:02 a.m. by Mayor Gary Fickes. Agenda item #2, Resolution No. 94-33, GTE Franchise Rates Resolution No. 95-33, authorizing the City's participation in actions to be filed in the State Telephone Company of the Southwest ("GTE") and in an action pending with the Public Utility Commission concerning the automatic "Pass Through" tariff of GTE; authorizing the expenditure of funds for attorney and expert witness fees, was approved as presented. Motion: Richarme Second: Hall Ayes: Richarme, Hall, Maness, Fickes Nays: None Approved: 4-0 vote The record is reflecting that Loma O. Allen, Jr., Manager of Municipal Affairs and Randy Crawford, Customer Operations for GTE, were present for the meeting, however, made no comments during the meeting. Agenda Item #3. Adjournment The meeting was adjourned by Mayor Gary Fickes at 8:07 a.m. Mayor taryFickis A EST: O�tpLpKF1"WIF Sandra L. LeGrand City Secretary r v a RESOLUTION NO. C(OPY A RESOLUTION AUTHORIZING THE PARTICIPATION OF THE CITY OF SOUTHLAKE, TEXAS IN ACTIONS TO BE FILED IN THE STATE DISTRICT COURT TO COLLECT DELINQUENT FRANCHISE FEES FROM GENERAL TELEPHONE COMPANY OF THE SOUTHWEST ("GTE") AND IN AN ACTION PENDING WITH THE PUBLIC UTILITY COMMISSION TO SET ASIDE AN ILLEGAL AUTOMATIC "PASS THROUGH" TARIFF OF GTE; AUTHORIZING THE EXPENDITURES OF FUNDS FOR ATTORNEY AND EXPERT WITNESS FEES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Southwestern Bell Telephone Company ('Bell") and 57 Texas cities served by Bell have reached a proposed settlement worth over $27.5 million in litigation concerning whether or not a local telephone exchange company must include in its gross receipts, for franchise fee purposes, revenues received from long distance carriers for access ,,,. to local telephone lines; and WHEREAS, many cities, including the City of Southlake, Texas, served by General Telephone Company of the Southwest ("GTE"), have franchise agreements setting franchise fees for the use of city right-of-way based on a percentage of the gross receipts collected by GTE within the corporate limits of such cities, similar to the franchise agreements litigated in the Bell case; and WHEREAS, certain cities, including the City of Denton, Texas, desire to pursue the collection of delinquent franchise fees owed by GTE and have retained the Austin law firm of Casstevens & Casstevens to proceed with actions before the Public Utility Commission and State District Court, to recover such fees without burdening ratepayers; and f:\files\slake\res\gte (08-24-95) Gov-31 WHEREAS, a consolidated action by cities with franchise fees bgopy upon gross receipts could reduce attorney and expert witness fees which would normally result from a duplication of effort. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section I. That the City of Southlake, Texas agrees to participate with other similarly situated Texas cities in the GTE system to pursue an action (1) before the Public Utility Commission to set aside an illegal automatic "pass through" tariff of GTE, and (2) to join Denton in filing an action in State District Court to collect delinquent franchise fees. Section H. That the City of Southlake, Texas agrees to contribute two dollars for each individual residing within its corporate limits, based on the 1990 U.S. Census (except for such portion of its population that may not be residing within the GTE system), to underwrite the cost of legal and expert witness fees to be expended on behalf of the cities in this matter, one dollar being due on September 1, 1995, and the other dollar, if assessed, being due and payable on the date the Steering Committee authorizes such assessment. Section III. That the City Manager, or his designee (hereinafter 'Delegate") may participate on the Steering Committee of GTE cities (with franchise fees based on a percentage of gross receipts) and is authorized to receive notices concerning Steering Committee activities at the following address: f:\files\slake\res\gte (08-24-95) /o �) s Mr. Curtis Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Telephone: (817) 481-5581 Fax: (817) 488-6796 (C(Dpf Section IV. That the City Manager is authorized to take those steps reasonable and necessary to comply with the intent of this resolution. Section V. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED ON THIS THE A DAY �1T Y p t'��.,4 s� o'- G * r a A T:3dX?� f:\files\slake\res\gte (08-24-95) YOR 1995. 0 ® GTE Telephone Operations Central Area 500 East Carpenter Freeway P 0 Box ?52013 TX 75015-201? June 13, 1995 I'L Mr. Curtis Hawk Li City Manager �j City of Southlake i 667 N. Carroll Avenue OFFICE OF CITY Southlake, Tx 76092 i'aivqrGER Dear Mr. Hawk, I want to extend an apology for the proposed right-of-way agreement not being attached to the letter you received from our President, Katherine Harless. Please find two (2) copies enclosed. As you have just received the letter and this ordinance, approximately 30 days after it was written, GTE will extend the period of the incentive from July 15, 1995 to August 15, 1995. GTE paid the City of Southlake $36,021 for the use of its rights -of -way during calendar year 1994. Our 1995 payments are nearly $20,000 for the first two quarterly payments. GTE would propose a flat -fee agreement at approximately the $40,000 level of annual compensation to minimize impact on your citizens as well as to maintain the City's revenue flow. In addition, the incentive for adopting the new agreement by August 15, will be $8,893.50, and the incentive will not be recovered from your citizens. Should you have any questions about the proposed agreement, feel free to call me direct at 717-2200. ONALD E. WILLIAMS Manager -Municipal Affairs Att GTE Service Corporation/A part of GTE Corporation /O J — % (bob wo,:.%.e.L2 k_/91V Katherine J. Harless Regional President Texas/New Mexico May 21, 1995 City of Southlake Curtis Hawk 667 N. Carroll Avenue Southlake, TX 76092 Dear Mr. Hawk: ® GTE Telephone Operations TXD1981A 500 East Carpenter Freeway P.O. Box 152013 Irvirg, TX 75015-2013 214 717-5800 Fax: 214 717-2026 GTE is contacting its cities in Texas and asking them to join us in a partnership for the future. As the telecommunications business continues to change and become more competitive, GTE is looking for ways to streamline our business and reduce operating costs. Today we administer hundreds of individualized right-of-way contracts with each city we serve. That's very costly. We have developed a right-of-way proposal we would like to standardize throughout Texas that will simplify the administration of these contracts. This proposal consists of a flat -fee contract based on what you and GTE agree is a fair and reasonable annual fee for GTE's use of your rights -of -way. When GTE pays that fee, there is nothing else for you, or us, to monitor or audit, reducing the administrative costs for both of us. And, as your community grows and adds more GTE lines, we are willing to increase your fee. A copy of our proposed contract is attached for your review and action. Some cities have been approached to pursue litigation to try to collect fees based on revenues that have never been included in right-of-way agreements. You may be aware that 57 Southwestern Bell cities just completed more than six years of legal battles, at a significant cost to all parties, over identical issues. An out -of -court settlement was recently reached without resolving any of the issues. Using what public information is available regarding that settlement, GTE wants to resolve any uncertainties surrounding these issues with you without spending years in court to arrive at the same solution. In an effort to encourage your acceptance of our offer, GTE is also offering your city an incentive of $1.54 per access line, as measured on December 31, 1994, that will not be passed through to your citizens if the city will adopt the proposed flat -fee agreement by July 15, 1995. GTE defines "adopt" to be at least one reading of the new ordinance by the city council by July 15, 1995 with any additional required readings being accomplished at the next and subsequent city council meetings following the initial reading. The incentive would be paid within 60 days of GTE receiving the executed ordinance from the City, reviewing the language for compliance with GTE standards and GTE's acceptance of the ordinance. The incentive to your city will be $8,893.50. A part of GTE Corporation /O0 8 May 21, 1995 Page 2 GTE is pursuing this as a standard agreement with all the cities we serve in Texas. As I indicated, going to a flat -fee agreement in all our communities can help contain GTE's costs by eliminating the need for expensive, burdensome accounting programs and practices needed today to administer the various agreements developed over the past 50 years. This can help GTE contain costs and be more competitive in the changing telecommunications marketplace. This new agreement offers the City a more stable and predictable mechanism for fiscal planning. It saves both the City and GTE the costs of expensive and time-consuming audits and frees both the City and GTE from any claims one may have against the other related to past agreements. We are willing to offer you this one-time incentive because we would rather invest our resources in developing a partnership with our communities than in audit fees, legal fees and other non -productive costs. A manager from GTE will be contacting you in the next few weeks to answer any questions you may have. Or, feel free to call our Municipal Affairs Manager at 214-717-2374. As partners for the future of Texas, we believe it will be amazing what we can do together! Ka herin 'J. Harless President 01 /,g b - 45� STEERING COMMITTEE OF CITIES PARTICIPATING IN GTE FRANCHISE FEE DISPUTE c/o City Attorney's Office, City of Denton 215 E. McKinney, Denton, Texas 76201 (817) 566-8333/Fax (817) 382-7923 TO: ALL CITIES ITV THE GTE SYSTEM WITH FRANCHISE AGREEMENTS THAT DO NOT CONTAIN MUTUAL RELEASE CLAUSES THAT RELEASE GTE FROM CLAIMS THAT MAY HAVE ARISEN UNDER PRIOR FRANCHISE AGREEMENTS FROM: MIKE BUCEK, TREASURER OF STEERING COMMITTEE SUBJECT: INVITATION TO JOIN IN A CONSOLIDATED CITIES ACTION AGAINST GTE FOR FAILURE TO PAY DELINQUENT FRANCHISE FEES AND FOR AUTOMATICALLY PASSING -THROUGH FRANCHISE FEES TO CITIES BY USE OF AN ILLEGAL TARIFF DATE: July 25, 1995 The Cities of BROWNFIELD, COLLEGE STATION, COMANCHE, CROSBYTON, DAINGERFIELD, DENTON, EL LAGO, HIGHLAND VILLAGE, LONE STAR, RALLS, RUSK, SEYMOUR, AND WEIMAR are involved in the actions referenced above in a case styled City of Rusk, et al, v. GTE pending, in Cherokee County and a complaint before the Public Utility Commis- sion ("PUC") under Docket No. 14152. GTE attempted to halt the proceeding in the Rusk case by filing a Plea in Abatement and Motion to Dismiss and on June 27, 1995, the Cherokee County court denied GTE's actions. GTE attempted to halt the complaint before the PUC by filing a Motion to Dismiss on four counts, and the PUC's Administrative Law Judge denied all counts. To date, GTE has not obtained a favorable ruling on any issue it has brought to a judge to consider. As a result of our success and their dissatisfaction with the terms of franchise agreements GTE is soliciting, several cities have inquired about joining our suit. The Steering Commit- tee of cities participating in our GTE franchise fee dispute voted on July 25th to allow additional cities to join in our actions, if additional cities with populations totalling at least of 50,000 PASS THE APPROPRIATE RESOLUTIONS BY AUGUST 25. Why would cities want to join our actions? The following are some of the answers we get to such question: 1. GTE is unwilling to allow these cities to audit GTE's records in order to determine if these cities have received the compensation authorized by existing franchises. 2. GTE's rates have remained constant while its cost of doing business has decreased and its revenues increased; however, franchise fees have mysteriously declined. Selected GTE Cities July 25, 1995 Page 2 3. GTE states it has paid in conformance with its franchises, but wants cities to release it from liability for claims in con- sideration of executing the new franchises being offered. 4. Many cities with similar populations have franchises based on a percentage of gross receipts derived from GTE tariffs 6 and 36, but we have reason to believe that the compensation each city receives varies greatly. 5. Many cities have franchises similar to the 57 cities involved in the Southwestern Bell delinquent franchise fee case, which was settled for $27.5 million dollars. 6. The audits performed by Reed -Stowe & Co., Inc. in the Bell case reflected that cities with a franchise based on a percentage of gross receipts derived from the rendition of Local Exchange Telephone Transmission Service ("LETTS") received less than one-half of the franchise fees they were entitled to under their franchises for the eleven year period from 1983 to 1994. 7. The new franchises being offered by GTE are unfair since they are based on a payment for each access line in a city without consideration as to whether these lines are business or residential lines or how many services are provided through these lines. 8. Local Exchange Carriers (like Bell & GTE) receive one-third of their annual revenues from "access charges" paid by long distance companies to GTE for GTE's local exchange transmis- sion of calls for these companies. However, GTE does not include these revenues paid by long distance companies to GTE in the franchise fee base, even though GTE uses its lines located in city streets to transmit calls for these companies locally. 9. GTE automatically passes -through all franchise fees to basic local service customers and none to other customers (like long distance companies), even though the city streets are used to provide service to these other customers, and 30% of GTE's revenues from inside the city are attributable to service to these other customers. 10. GTE's proposed flat fee franchises require cities to submit to non -binding mediation without legal representation prior to filing a civil action for a breach of contract and limits the right of the city to pursue its claim to four (4) years. Selected GTE Cities July 25, 1995 Page 3 Why does the Steering Committee think your city should join our legal action? A. Reed -Stowe & Co., Inc. will perform an audit of GTE's records to determine if your city has been correctly paid the fran- chise fees it is owed under the franchise. B. The Steering Committee of Cities is represented by Casstevens & Casstevens, an Austin law firm specializing in communica- tions and public utility matters with prior successful experience before the PUC against GTE, and the Norman, Thrall, Angle & Guy Firm, our local counsel in the Rusk case, which was established in 1898, and is presently staffed with attor- neys holding numerous certifications from the State Board of Legal Specialization. C. The attorneys representing our cities are retained under hourly basis contracts. The cities felt, with the success the 57 cities in the Bell case experienced, that it would not be in the public's interest to enter into 35% to 40% contingency fee contracts. D. A group of between twenty to twenty-five cities will have better leverage to negotiate a fair and reasonable compensa- tion rate in a future franchise agreement than one city negotiating alone. E. The cost to join is quite reasonable, and the cities are seeking reimbursement of this cost as part of these actions, and we will seek repayment as part of any settlement negotiat- ed between the parties. Each city joining will be assessed two dollars for each individual residing with its corporate limits, based on the 1990 U.S. Census (except for such portion of its population that may not be residing within the GTE system). One dollar will be due on September 1, 1995, and the other dollar, if assessed by the Steering Committee, will be due on a date subsequent to January 1, 1996. IF YOUR CITY DESIRES TO JOIN, please have your City Council ADOPT A RESOLUTION similar to the one enclosed, and forward a copy of same to us by mail or fax, so that we will receive it BY 4:00 P.M. ON FRIDAY, AUGUST 25. 1995. This deadline is mandatory since the Steering Committee, for legal reasons, desires to file the amended petition joining your city in the Rusk case before the September 1, 1995 effective date of the new telecommunications bill which amends the Public Utility Regulatory Act. ✓off -lq Selected GTE Cities July 25, 1995 Page 4 Should you have any questions concerning this matter, please feel free to call me at 817-566-8333, fax me at 817-382-7923, or call Grace Casstevens at 512-328-0992. Mike Bucek Assistant City Attorney MB:sf Enclosure pc: Lloyd V. Harrell, City Manager (letter only) . Herbert L. Prouty, City Attorney (letter only) Grace Casstevens (letter only) A:\SOLICIT.2 CITY& DENTON., TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 Office of City Attorney TO: Participants on North Central Texas Council of Govern- ments' Telecommunications Task Force FROM: Mike Bucek, Acting City Attorney /M j3- SUBJECT: Arguments Raised by Telephone Companies during Franchise Negotiations which are Misleading and at Times False DATE: June 6, 1995 The following is a list of misleading and false arguments made by agents for local exchange telephone companies during negotiations with cities over franchise or right-of-way use agreements, and answers officials for cities can use in responding to such arguments. FICTION: 1. That Article 1446c §55(b) Vernon's Ann. Civ. St. (V.A.T.S.), a portion of the Public Utility Regulatory Act ("PURA"), eli- minates the requirement for telephone companies to enter into franchise agreements and to pay franchise or right-of-way use fees. FACT: This threat by telephone companies fails to address the fact that this provision relates only to a small portion of the municipality. In addition, other state law specifically authorizes franchises and franchise fees. Article 1446c §55(b) V.A.T.S. relates to property recently annexed into the city. §21 is the controlling section of PURA relating to franchises, and it states: "Nothing in this Act shall be construed as in any way limiting the rights and powers of a municipality to grant or refuse franchises to the use the streets and alleys within its limits and to make the statutory charges for the use thereof, More importantly, Article 1175, §2, V.A.T.S., amended in 1993 by the legislature, relating to enumerated powers of home -rule municipalities, states that a city has the power: "To prohibit the use of any street ... by any telegraph [or] telephone company ... without first obtaining the "Dedicated to Quality Service" /a Z �lJ` Telecommunications Task Force June 6, 1995 Page 2 consent of the governing ordinance and upon paying prescribed ... by any such Also see Article 1016 V.A.T.S. FICTION: authorities expressed by such compensation as may be ordinance." 2. The telephone company does not have to pay franchise or right- of-way use fees if it has no contract with the City to do so. FACT: If this argument was true, why would any telephone company enter into a franchise agreement? This argument fails to take into account the fact that a telephone company may be subject to damages for a "trespass ab initio" if a franchise expires. A telephone company utilizing or occupying municipally -owned right- of-way without a contract would be trespassing, and could be liable for actual damages in the amount of the fair market rental value of the right-of-way, interest, and perhaps exemplary damages during the period of the trespass. Williams v. Garnett 608 S.W.2d 794 (1980). The telephone company may attempt to overcome the trespass action by arguing that it provided services other than money to the city which were accepted by the city in lieu of franchise fees. To overcome this argument, a city should consider adopting a street rental ordinance applicable to the telephone company that makes clear the compensation due to the city. A city that does not pursue the recovery of damages or compensation it may be due could be found in violation of Article 3, §52, Vernon's Ann. Tex. Const. .(V.A.T.C.). This section of the Texas Constitution states: "...the legislature shall have no power to authorize any county, city ... to grant public money or thing of value in aid of, or to any individual, association or corporation..." A trespass would be very costly to a telephone company in compari- son to the payment of franchise fees. For example, a city with 50,000 inhabitants and 200 miles of internal streets collects a franchise fee of 2% of gross receipts of the company from local exchange telephone transmission services (including access fees from long distance carriers) which results in an annual compensa- tion to the city of $400,000. If the franchise expires, the city has the right to seek damages in the amount of the fair market rental value of the rights -of -way in which the company's cables are installed. Very conservatively, most companies would be using at least half of the 200 miles of street right-of-way, plus additional leg v—/,J— Telecommunications Task Force June 6, 1995 Page 3 miles of utility easements across the city. Competitive Access Providers ("CAPS") generally pay between $1.00-$2.00 per linear foot to use city rights -of -way for its cables. Each 100 miles of cable equals 528,000 linear feet, which would convert to $528,000 (based on only $1.00 per foot), rather than the $400,000 the telephone company would have paid if it had executed a reasonable franchise agreement. There is no deadline for the city to pursue its action for tres- pass. A smaller city could wait for a number of years before suing in order to accumulate a reasonable amount of damages before taking legal action. State law (Tex. Civ. Prac. & Rem. Code §16.061 (Ver- non Supp. 19951) provides that most statutes of limitations do not run against governments; however, a claim should be filed annually against the telephone company requesting payment of delinquent fees. FICTION: 3. The telephone company may tell you to sign the new franchise and release your claims for any delinquent fees it failed to pay during the period under the old franchise or, when there was no franchise. The telephone company will argue that such a release is justified because whatever franchise fees the company pays will be automatically passed through to the city's ratepayers. FACT: For the period from 1983 through 1994, automatic pass throughs were not allowed under the PURA. Although the PUC may have inadvertent- ly approved some of the automatic pass throughs, any automatic pass through tariff that was inadvertently approved by the PUC is voidable since the PUC can not violate the law upon which it was created. The telephone company can request the PUC to pass through delinquent franchise fees, but historically, when this has occurred such fees were spread over the entire system because of the tele- phone company's negligence, and not passed through directly to only the ratepayers in the city where the delinquent fees accrued. Also, the PUC would be required to determine in what manner the pass through would occur. In other words, it would confirm that different classes of customers would not be discriminated against (customers making long distance calls would be required to pay a larger fee than a customer who receives only the basic service). Additionally, the telephone company would be required to show that its profits were not excessive before such a cost of service could be passed through to the system's ratepayers. New legislation in the PURA relating to "municipal fees" may be inapplicable to new franchises since such terms are not defined to include franchise Telecommunications Task Force June 6, 1995 Page 4 fees. Also, such legislation relates to increases in fees after September, 1995. Cities executing franchises based on a percent of gross receipts similar to that set forth in their old franchise would not be increasing their franchise fees. FinE lly, there is no language in the new legislation relating to passing through delinquent fees. FICTION: 4. The telephone company will warn you not to request higher franchise fees in your new franchise because such fees will only raise the bill the ratepayer is required to pay. FACT: This argument seeks to assert that ratepayers and taxpayers are the same group of individuals that pay based on the exact same percent- age. Although ratepayers and taxpayers may have some of the same members, they are not the same, and pay based on different percent- ages. As a matter of law, the city's taxpayers should not be required to underwrite the cost of telephone services. As mentioned above, the city, under Article 3, §52 of the Texas Constitution, cannot grant a gift or gratuity to an individual or corporation. For this reason, when an individual desires to rent a city facility, such as a civic center or meeting room in a recreational center for a pri- vate purpose, the city must charge such individual a reasonable rental fee to cover the expenses the city incurs, prorated to such facility or meeting room, based on debt service, utility, mainte- nance, and labor costs for making such room available. Failure to purposely charge an appropriate rental fee results in the city making a gift or gratuity to such renter. The same is true in the utility industry. If the reasonable rental value for a telephone company to use streets and utility easements in a city of 50,000 individuals is $400,000 a year, but the city only charges a rental fee of $100,000 a year, then the taxpayers are providing a gift to the individual ratepayers. This results in the tax rate to fund the general government perhaps being 2 to 3 cents higher than it would otherwise be required to accomplish the same services pro- vided for in the city's budget. Conversely, if the city were collecting rental fees under the franchise of $800,000, and the fair market rental value of city streets and utility easements is only $400,000, then the $400,000 overcharge could result in the ratepayers' cost of service being found to be an arbitrary and capricious cost for which ratepayers were subsidizing taxpayers in violation of ratemaking laws requiring rates to be just and reasonable. Telecommunications Task Force June 6, 1995 Page 5 FICTION: 5. The telephone company will tell you that payment of franchise fees based on a percentage of gross receipts from Local Exchange Telephone Transmission Services ("LETTS") does not include revenues the telephone company gets from AT&T, MCI, and Sprint. FACT: Southwestern Bell paid $27.5 million dollars to 57 cities to keep the jury from deciding this issue. The truth is that agents for telephone companies, in testimony before the PUC, have stated that access fees from long distance carriers are treated as local exchange revenues. Also the PUC has interpreted local exchange service to include access fees paid by long distance carriers to use local exchange lines. (PUC Substantive Rule §23'.61(a)(25) ). FICTION: 6. The telephone company will tell you that if your City will execute a new franchise it will contract to provide touch-tone dialing service or basic custom calling features not previous- ly supplied the City. FACT: Section 3.1555 entitled "Minimum Services" of the new telecommuni- cations bill (H.B. 2128) that becomes effective September 1, 1995 requires the following features to be provided to all customers prior to December 31, 2000, regardless of what a City's franchise requires a telephone company to provide: (a) touch-tone dialing (b) digital switching capability (c) call waiting (d) 3-way calling (e) speed calling (f) call forwarding (g) series completing (busy or no answer) (h) wake up or reminder service (i) single party service FICTION: 7. The city cannot pass a valid street rental ordinance to which the telephone company does not consent. V Telecommunications Task Force June 6, 1995 Page 6 FACT: The case of Southwestern Telegraph & Telephone Co. v. City of Dallas, 174 W.W. 636 (Tex. Civ. App. - Waco, 1964, writ ref'd n.r.e.) allowed Dallas to pass such an ordinance. Also, the Supreme Court has ruled that a street rental ordinance may be based on a percentage of gross receipts. Fleming v. Houston Lighting & Power Co., 138 S.W.2d 923 (Sup.Ct. 1940). E:\WPDOC3\COR\NCrCOG C/TYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 Office of City Attorney TO: ALL CITIES IN THE GTE SYSTEM WITH FRANCHISE FEES BASED ON A PERCENTAGE OF THE GROSS RECEIPTS (REVENUES) COLLECTED BY GTE FOR THE RENDITION OF LOCAL EXCHANGE TELEPHONE TRANSMISSION SERVICE FROM: MIKE BUCEK, ACTING CITY ATTORNEY SUBJECT: STEERING COMMITTEE MEETINGS OF GTE CITIES ON MAY 10 & 11, 1995 DATE: �!Q�►X �9• '1995 I. Background A. PAST CLAIMS ELEMENT OF BELL SETTLEMENT The Bell settlement remits $12 million in cash, and equipment certificates worth $13 million (discount value of $3.9 million) to 57 cities for past claims. B. FUTURE CLAIMS ELEMENT OF BELL SETTLEMENT The Bell settlement relating to future claims provides: (1) all cities must execute new 3 or 5 year flat fee franchises to accept the settlement; (2) all cities, irrespective of whether they were originally a 2% or a 4% city, are elevated to 4k gross receipts model status; (3) this 4k gross receipts model is revised to include new revenue accounts; and (4) this 4k gross receipts model is converted to a flat fee franchise, which represents a fee of 4!k, plus an additional 10k will be paid to all cities, so that all cities receive essentially 4.4k fee in the future. Short term franchises were executed in order to allow cities to renegotiate their franchises, similarly to the terms of the franchise ultimately granted to Dallas by Bell, in the near future. Past claims of $27.5 million are not passed through to ratepayers, but all new franchise fees are passed through. C. AUDIT FINDINGS IN BELL CASE The audit of the delinquencies owed to the Bell cities reflected that the cities were paid no more than one-half of the franchise fees to which they were entitled (e.g., if a city received $5,000 a year in franchise fees for "Dedicated to Quality Service iov --a0 GTE Cities Meeting May 10 & May 11, 1995 Page 2 the period 1983 - 1994, the audits reflected that such city should have received at least $10,000 a year). II. Deficiencies in Bell settlement as applied to GTE GTE claims its tariff allows delinquent franchise fees to be passed through to its ratepayers, while Bell argued it could not pass through such fees. We would propose that cities need to either maintain their existing franchises, or execute new franchises based on a percentage of gross receipts. We would propose that cities need a PUC determination that GTE's tariff can not automatically pass through franchise fee increases or delinquencies (PURA Section 2.212g (formerly 43(g)(1)]), and further directing GTE or long distance carriers to pay the percentage of franchise fees allocated to future access revenues; otherwise, GTE may try to pass on the damages awarded in the lawsuit to the ratepayers, by surcharging basic local service customers. To protect the public interest, Denton has filed an action before the Public Utility Commis- sion to void GTE's system -wide tariff. Denton would propose that all cities participating in this consolidated cities action against GTE join in prosecuting this endeavor to exhibit to their ratepayers concern that damages resulting from the negligence or fraud of GTE should not be borne by such ratepayers. III. Steering Committee ("SC") responsibilities SC will confirm litigation strategy proposed by Casstevens & Casstevens ("Casstevens"), including selection of expert witnesses (e.g., companies auditing delinquent franchise fees) and local counsel for suit, if consolidated cities action is filed other than in Denton County. SC selects member city to serve as Treasurer of SC funds obtained during original $1.00 assessment and authorizes payment of fees of Casstevens, expert fees and other legal fees, if applicable. (Casstevens is agreeable to performing their services at $185 an hour; and the cost of the auditing services to be obtained will vary based on the expertise of the professional performing the ser- vice, but will, in all probability, be between $95 and $125 an hour). SC determines if an additional assessment is needed, not to exceed $1.00 for each individual residing within a city's corporate limits, based on the 1990 U.S. Census, in 1996. SC determines venue of consolidated cities action. GTE has filed a declaratory judgment action against Denton in Denton County. Denton will be filing a plea in abatement or a motion for change of venue in the GTE vs. Denton case to the GTE Cities Meeting May 10 & May 11, 1995 Page 3 location of the Court where the consolidated cities action against GTE is pending. Denton expects it will be allowed to join the consolidated cities action; however, if Denton must pursue its defense alone in Denton without assistance from the SC, Denton may withdraw its $132,540 contribution to the SC. Original assessments for a city served by GTE and another carrier will be determined by multiplying that city's 1990 census population by a fraction, the numerator of which is the total franchise fees paid by GTE in FY 1993 and the denomina- tor of which is the total of all telephone franchise fees, including GTE, paid to that City in FY 1993. IV. Selection of steering committee member from seven cities Cities attending the meeting at the Houston -Galveston Area Council on May 10, and the North Central Texas Council of Gov- ernments on May 11 will determine who will be the members of the Steering Committee. V. Miscellaneous issues Should SC funds collected by the two assessments be depleted, the payment of all subsequent assessments will be on a voluntary basis, and the failure of a city to contribute will not result in the removal of that city from the lawsuit. Additionally, a city can remove itself from the litigation at any time without any liability to the SC for future assess- ments, but no refunds will be made by the SC of funds previ- ously contributed by such city. A:\STEERAGD lob-aa SOUTHWESTERN BELL CASE ■ "LOCAL EXCHANGE TELEPHONE TRANSMISSION SERVICE" (LETTS) ■ SETTLEMENT: CASH $12,0009000 DISCOUNTS $ 31,900,000 LITIGATION EXPENSE FUND $ 39000,000 ATTORNEY' S FEES (CONTINGENCY BASED) $ 895009000 ,SLAT FEE FRANCHISE BASED ON- 4 % OF EXPANDED REVENUE BASE. INCREASE THE FEE BY A 10 % FACTOR. ion -- .23 U) U. i V L i LL 0 W O 000 � 00 Vx W 4� E AW ca W H • s /6 Z) -,:�? �/ `� O O O - O N M Cfl CD 00 co N 69, N O J U Q .Q (> • • 0 64 0 c J City of Southlake, Texas 1► V MMS June 28, 1996 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, Deputy Director of Public Works SUBJECT: Water Conservation Plan and Drought Contingency Ordinance BACKGROUND: During the June 1996 City Council Retreat a "text" item was presented relative to the City's need for a Water Conservation Plan and a Drought Contingency Plan. The City of Southlake currently has no Water Conservation Plan or Drought Contingency Ordinance to assist the City in water management during a water shortage emergency. The City of Fort Worth provides the City of Southlake and the City of Keller with treated potable water through a common 30-inch "main" line. It is required by the State of Texas and the City of Fort Worth for the City of Southlake to develop and implement a Water Conservation Plan. The Drought Contingency Ordinance is to help alleviate water supply problems during drought conditions or in the event the 30-inch supply line is inoperable. The City has experienced substantial growth since the late 1980's with the most notable growth since 1992. This has put a significant stress on the water supply infrastructure, and at times resulted in an overload condition. Since this growth is expected to continue, it is necessary to take actions that will accommodate the projected growth. The adoption and successful implementation of a Water Conservation Plan and Drought Contingency.Plan will increase public safety by ensuring a reserve water supply is available for fire suppression. Furthermore, the implementation of a Water Conservation Plan and Drought Contingency Plan is required by the Texas Water Development Board. The objective of the conservation program is to reduce identified peak demand hours for water consumption (see exhibits 1- 5). This can be achieved through the implementation of efficient water use practices. The drought contingency program provides procedures for voluntary and mandatory actions to be put into effect to temporarily reduce the demand placed upon the City's water supply system during a water shortage emergency. Drought contingency procedures include conservation, but may also include prohibition of certain uses. Both programs are tools the City will have available to operate effectively in all situations. The proposed water conservation program will ultimately reduce per capita consumption in the long run as well as provide short term relief until the construction of new infrastructure, ground storage tanks. Exhibit la "Daily Water Usage May 1996," shows daily water usage during a high water usage month and trigger levels listed in Appendix A. May 22 shows a maximum use of 8.1 million gallons per day (MGD), .4 MGD less than the 8.5 MGD maximum water supply available to the City through the 30 inch supply line. 11B-1 CURTIS E. HAWK WATER CONSERVATION PLAN JUNE 28, 1996 PAGE 2 Exhibit lb "Daily Water Usage June 1996," Shows daily water usage during a second high water usage month and trigger levels listed in Appendix A. June 23 shows a maximum use of 8.8 million gallons per day (MGD), .3 MGD more than the 8.5 MGD maximum water supply available to the City through the 30 inch supply line. Exhibit 2 "Daily Water Usage; January, June, July, August 1995," demonstrates high water consumption months as compared with a low water consumption month, January 1995. Water consumption is at a safe and manageable level below the trigger conditions; 6.8 MGD-mild, 7.65 MGD-moderate, 8.5 MGD-severe. However, the City's water supply infrastructure has not been improved to handle the increase in water connections experienced in the past 9 to 12 months. Exhibits 3-6 Demonstrates water level patterns in two of the City's three elevated storage tanks during summer months. As the charts indicate, pumps are activated to restore the water level in the tank when the water level drops below 32 feet. Below 20 feet, water reserves for the City are at critical levels for proper fire suppression and proper system pressure. The intent of this Water Conservation Plan and Drought Contingency Ordinance is to assist in water management during water shortage emergencies. The efficient implementation of the Water Conservation Plan and Drought Contingency Ordinance will level the peak hours of water usage, demonstrated in exhibits 1-5, and maintain safe water reserve levels at all times. COMMENTS: Staff's recommendation is for the Water Conservation Plan and Drought Contingency Ordinance to be placed on the July 2, 1996 Regular City Council Agenda for City Council discussion. Staff will be prepared to bring forth an ordinance on this issue at the July 16, 1996 Regular City Council 7 or . cussion. RH/ls Attachment: Exhibits C: \WPWIN60MMOMW ATEMORD. MEM 11B-2 K!q r O N Gallons Per Day Millions N A O co O � 1 W I A � Cn I V i o i cD i 0 O � I �• C W,...E. i �a OD O A I CD i O 0 C ^' i S fv CO V O CD c co (D 7\ O � I O o N N V, N W i A � I N W i N V i X N co j N CO � W 1 W 11B-3 L Gallons Per Day Gallons 1 O N A 0) co O 1 N W A W � � v 0) V co (0 1 N ^` W�Yv n O < ? �_ C rO = c C O � W cn � O cocr _► N O V 7c C— OD CD L. 1 00 N O10 O �� N Qc) 1 N W A CNT v OD cND W O 11B-4 Gallons Per Day Millions J O N A O W O N I cz L Z W I m ja j � I C V -G w CD CD I cz C N 7 I C w � = CD Z -� (n "i y N x V 3 I (fix C) 1 ✓_ N f' j •' D w c• O Np i N i I I LTI V (.0 00 W c O i X O I 11B-5 A O A Feet 0) co O N CA Cl) Cl) 0) oa O O O O O O O N O 00 W p O O A C O O < O N � N 00 O i r °� < OV O T V - 00 0 7C" C:)o � m o �o cD CD r-f- O = CD D O N C N W CL W_ p —1 < N O W W f co O co O� im. I O � CD - .1N T O r O O� r OD < O � N O U1 O N O N O �\ I O O N N O N O W O ' O O O O O i O N A Feet OND O N A 0) OWo O O O O O J O Op N Cl p O W O �� . O O) I ` O Z O O 01 � O 00 r rn 0 < O (D V op O O O ,Vm O O (O m o, o cD O - p C 3 s _� = D O ON v ,V W C Q W C o Q. CJt N O Ul `V X O _. 0 � O O. V N O 0, O O — co N O U1 O N O O N O 1 O N N O N O W O O O O O O 1.1B-% A C Im O O O O_ O A Feet 0) coo O N A 0) coo O � O O O N O O O W N, : O O O A O C O N �O m o0 0 <m Q OD O O O 0 O O I Al O CL D m cn = D O N C ca N cn CD co Q O J co CL W � N_ O �\ O Q � 0 n O J r O O m 0D 0 7c N � O U1 t0 O O N O NO I � O O N N N O W O O I \ O � ■ O O (C ORDINANCE NO. AN ORDINANCE FOR THE CITY OF SOUTHLAKE ESTABLISHING A YEAR ROUND WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN TO REDUCE PEAK WATER USAGE TO ENSURE THE HEALTH AND SAFETY OF SOUTHLAKE CITIZENS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: t a PART 1: that the City of Southlake hereby adopts a water conservation and drought contingency plan and policy as set forth in Attachment "A" and incorporated herein as if fully set forth and a public education and information action plan for the dissemination of information concerning water conservation and drought contingency policies and plan for the encouragement of water conservation. PART 2: that any person, firm or corporation violating any of the provisions of this ordinance shall be deemed it of a misdemeanor, and upon conviction thereof, shall be guilty � p punished by a fine of dollars. Each day each violation shall continue, or be permitted to continue, shall be deemed a separate offense. PART 3: that any person, firm or corporation who is a Southlake water customer, who deliberately refuses to comply with the provisions of this ordinance, after being ordered to do so by an official of the. City of Southlake, shall be subject to disconnection from water services by the City. PART 4: if any provision, section or portion of this ordinance shall be held invalid or unconstitutional, the particular provision, section, or portion held invalid or unconstitutional shall not be deemed to effect the validity of any other section, provision or portion of this ordinance. Presented and passed on the City of Southlake, Texas by a vote of absent. at a regular meeting of the City Council of ayes, and nays, and abstain, and SIGNED AND EFFECTIVE on the date last set fort below. CITY OF SOUTHLAKE, TEXAS BY: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 11B-10 0 ATTACHMENT "A" WATER CONSERVATION POLICY A. Education and Information The City will promote water conservation by informing the public of methods to conserve water. The overall public education will be divided into three segments: a first- year program, a long-term program, and a new customer program. Information presented in Appendix B will be the basis for public education as well as pre-printed brochures available through the Texas Water Development Board, the American Water Works Association, and other appropriate sources. First -Year Program — The first -year program will include the distribution of educational materials including brochures and/or newsletters to all customers four times (once each quarter). The first information to be distributed will explain the water conservation program. This initial distribution will be accompanied by a newspaper feature article. Subsequent news releases during the first year will correspond to information distribution times and at other times if conditions warrant. The educational materials and news releases will promote water conservation by informing water users about ways to save water inside homes, in landscaping and lawn uses, and in recreational uses. The water conservation methods to be emphasized by the City will include: • Bathroom water saving hints • Kitchen water saving hints • Laundry water saving hints • Appliance and plumbing practices • Outdoor water conservation The water conservation plan will be distributed to water users by mail. In addition to. newspaper articles and broadcast on the City's cable channel, other means of communication will be considered (such as posters and public displays) if conditions warrant. Long -Term Program The long-term program will include semi-annual distribution of educational materials and news releases corresponding to peak summer and winter demand periods. The news ii : N releases will be used to provide information on water conserving practices, encourage i water conservation and report progress on achieving the City's water conservation goal. Additionally, water conservation will be stressed during visits at area schools when the City participates in National Public Works Week in late Spring. Other news releases may be used if conditions warrant. New Customer Program New customers will receive the initial conservation education material that describes the conservation program and other general conservation information when they apply for service. These customers will then be included in the first -year or long-term as appropriate. B. Water Conserving Landscaping <i In order to reduce the demands placed on a water system by landscape watering, the City, through its respective education and information programs, shall encourage customers and local landscaping companies and irrigation practices by the following methods: 1. Encourage home owners and landscape architects/contractors to use low water plants and grasses and efficient irrigation systems. 2. Request public organizations and commercial establishments to discontinue irrigation practices between the hours of 10 a.m. to 6 p.m. 3. Encourage irrigation contractors and commercial establishments to use drip irrigation systems when possible and to design all irrigation systems with water conservation features, such as large drop rather than fine mist sprinklers. 4. Encourage local nurseries and other businesses to offer adapted, low water using plants and grasses and efficient landscape watering devices. C. Leak Detection and Repair The City will continue its ongoing leak detection, location and repair programs. Waterline leaks are detected by utility personnel while reading meters, maintaining their water and wastewater systems, and while performing other routine surveillance programs. Additionally, water audits shall be utilized to determine if leaks exist which have gone undetected. D. Implementation and Enforcement Generally, the city will provide overall guidance and assistance to the customer in the 2 11B-12 implementation of this plan. Specifically, the City will provide public education/information services to the customer and be responsible for the submission of an annual report to the Texas Water Development Board which will include the following information: 1. Progress made in the implementation of the program. 2. Public information which has been distributed. 3. Public response to the program. 4. Effectiveness of the program. The City shall be responsible for the implementation and enforcement of the specific water conserving activities contained within the Plan and for reporting an evaluation to the Texas Water Development Board on the effectiveness of the program. This implementation and enforcement will be in accordance with the respective ordinances or resolutions as adopted by the City. DROUGHT CONTINGENCY PLAN A. Trigger Conditions The initiation of drought contingency measures by the City of Southlake must inherently be determined on a case -by -case basis with consideration given to weather conditions, ` time of year, prevailing system capacities, and prevailing contractual arrangements with supplier(s). The City shall utilize the following trigger conditions in conjunction with other utility specific, real time factors to initiate drought contingency measures: 0 1. Mild Conditions - Daily water demand reaches or exceeds 75% of the production capacity of the system for 5 consecutive days. Declaration made by City Manager. 2. Moderate Conditions - Daily water demand reaches or exceeds 85% of the production capacity of the system for 5 consecutive days. Declaration made by City Manager. 3. Severe Conditions - Daily water demand reaches or exceeds 95% of the production capacity of the system for 5 consecutive days; or the imminent or actual failure of a major component of the system is experienced which can cause an immediate health or safety hazard. Declaration made by the Mayor. 4. Critical Emergency Condition - Due to natural or other disaster, the water supply is not dependable and may not be suitable for human consumption. Declaration made by the Mayor. 3 11B-13 B. Drought Contingency Measures Based upon the prevailing conditions, the City shall take some or all of the following actions, as appropriate, when trigger conditions are reached. 1. Mild Conditions a. Inform the public through the news media that a trigger condition has been reached, and that the public should look for ways to voluntarily reduce water use and provide specific steps which can be taken. b. Notify major commercial water users of the situation and request voluntary use reductions. c. Publicize a voluntary lawn watering time schedule. d. During winter months request water users to insulate pipes rather than running water to prevent pipes from freezing. 2. Moderate Conditions a. Continue current actions initiated in the preceding phase. b. Car washing (except for commercial washes), window washing, and pavement washing shall be prohibited except when only a bucket is used. c. The following public water users, not essential for public health or safety, shall be prohibited: 1. Street washing. 2. Water hydrant flushing. 3. Filling swimming pools 4. Athletic field watering (golf course). d. A mandatory lawn watering time schedule shall be imposed. The following schedule is recommended for implementation, however, an alternate schedule may be used if it is found to be more effective. Customers with odd -numbered street addresses may water on odd -numbered days and customers with even -numbered street addresses may water on even - numbered days. Watering shall be permitted only between the hours of 4:00 a.m. to 8:00 a.m. and 8:00 p.m. to 10:00 p.m. 4 11B-14 ( 3. Severe Conditions a. Continue all current actions initiated in the preceding phases. b. All outdoor water use, not essential for public health or safety, shall be prohibited. c. Based upon prevailing conditions, establish maximum water use limits for commercial and residential users, and establish monetary fines or surcharges to be levied for exceeding water use limits. 4. Critical Conditions M a. All uses of the public water supply will be banned except in cases of emergency or fire suppression. b. In this condition water use will be limited, and water should be boiled prior to use (other than fire suppression) to ensure purity. C. Information and Education The purpose of drought contingency measures as a part of this Plan will be rr conveyed to the public as part of and in the same manner as the Water Conservation Plan. When trigger conditions appear fo be approaching, the public will be informed through local newspaper articles and/or radio/television broadcasts. Throughout the period of a trigger condition, regular articles broadcasts will be used to inform the public of the current condition and conservation measures for the condition. 0 D. Termination of Trigger Conditions As drought or emergency conditions lessen, a determination will be made when a particular drought condition no longer exists. Upon such determination, the drought measures for and enforcement of that particular drought condition shall terminate. The public will be notified of the termination of any or all drought conditions and related drought measures in the same manner as described in C above. E. Implementation and Enforcement The Drought Contingency Plan Shall be implemented and enforced by ordinance or resolution of the City of Southlake. 11B-15 1 L G. Update of Trigger Conditions Annually, or upon any significant change in water supply or production capability the City shall review the water system capabilities in order to determine actual trigger conditions based upon the guidelines described in Section III. A. of this Plan. C 11B-16 ATTACHMENT "B" i Action Plan on Education and Information The public education process will consist of the following programs: 1. A pamphlet ("Homeowners Guide to Water Use and Water Conservation") will be distributed by mail using preprinted labels at a date yet to be decided. The pamphlets are made available to us free from the Texas Water Development Board. < , A press release will run both the week before the distribution and the week of the distribution to make readers aware that the pamphlet is being mailed out. 2. Water saving tips will be included, on a quarterly basis, in the monthly city newsletter. Additionally, these water saving tips will be broadcast periodically, year round, on the City cable channel. 3. A summary of information from the various pamphlets will be included in a packet/pamphlet, provided by the Public Works Department, and given to residential (W customers when they open a new account. 4. Water conservation information and educational materials will be provided for the Southlake Program for the Involvement of Neighborhoods (SPIN) meetings. SPIN members will thcn be fundamental in the dissemination of water conserving practices through out the community. 5. Water conservation information and educational'materials will be provided at local elementary schools during presentations by the Public Works Department during the City's annual participation in National Public Works Week. (This event is usually scheduled in May). 11B-17